Borough of Roseland, NJ Zoning

Minimum side setback: ten (10) feet except for complying sheds, for which the setback shall be five (5) feet.

Minimum rear setback: ten (10) feet, except for complying sheds for which the setback shall be five (5 feet).

Minimum distance between buildings or principal building: twelve (12) feet.

Maximum height: Sixteen (16) feet or the height of the principal structure, whichever is less.

Accessory buildings or structures on corner lots shall not be erected nearer to any street sideline than the front yard setback required on the lot adjacent to the side lot line of the lot upon which the accessory building is located.

Nonresidential Districts.

Minimum side setback: Side yard setback of the principal building.

Minimum rear setback: One-half (1/2) rear yard setback for principal building.

Minimum distance between buildings: Twenty (20) feet or the height of the accessory building, whichever is greater.

Maximum height: One-half (1/2) the height limitation of the principal building.

§ 30-403.8 Fences and Retaining Walls.

[New]

Fences may be in the front yard provided that they shall not exceed three (3) feet in height measured from the ground level and shall be constructed so that at least fifty (50%) percent thereof is open.

In residential districts, fences and walls located in other than a required front yard shall not exceed six (6) feet in height measured from the ground level. Any fence in excess of six (6) feet in height, such as that required around a tennis court, shall require a variance, shall be considered a structure and shall meet the minimum side and rear yard requirements for accessory buildings.

In nonresidential districts, open wire fences not exceeding eight (8) feet in height measured from the ground level may be erected in the rear or side yard and behind the building setback line. Walls and other types of fences shall not exceed six (6) feet in height.

All fences or walls shall be constructed so that a finished side faces outward away from the property on which it is constructed.

No fence or wall shall be constructed of any material harmful to humans or animals.

No fence or wall exceeding three (3) feet in height shall be erected along a property line without a Zoning Permit. A survey showing the proposed location of the fence or wall with respect to the existing property lines shall be submitted to the Zoning Officer.

Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.

Notwithstanding the preceding provisions of this subsection, the following provisions shall be complied with:

Screening and buffering shall be as specified in subsection 30-403.9.

Private swimming pools shall be fenced as specified in subsection 30-403.10.

No fence or wall shall be located within a clear sight triangle.

Retaining walls exceeding three (3) feet in height shall require a zoning permit.

A retaining wall exceeding three (3) feet requires the approval of the Borough Zoning and Engineering Departments. As a result, the wall location, height and material must be shown on a boundary and topography survey of the survey of the property. Elevations of the top and bottom of the wall must be shown on the plan. Additionally, the details of the wall construction (i.e. material, footing, assembly, backfill and drainage) must accompany the survey information. Any retaining wall greater than four (4) feet in height must be designed by a licensed New Jersey Professional Engineer. Structural calculations must accompany the Professional Engineer's design.

§ 30-403.9 Buffers and Screens.

Buffers. Buffers shall be required on all lots zoned other than residential or used for nonresidential purposes along lot lines, where said lot or lots abut a residentially zoned lot or lots. Additionally, development in the R-5 District which abuts an existing residential use shall require buffers.

All buffers shall be a minimum of twenty (20) feet in width.

No construction shall occur within any buffer area except for the following, if specifically approved by the Board:

Drainage improvements.

Underground utilities.

Pedestrian and bicycle paths.

Crossing of access roads.

No removal of existing vegetation shall occur in any buffer unless said removal is in conjunction with construction or selective thinning of trees approved by the Board.

Screens. Where required elsewhere in this chapter, screens shall be provided through landscaping or other means as approved by the Board. Such screens shall be designed and constructed in such a manner as to provide a solid barrier obstructing the view of the area to be screened and to inhibit sound originating on the site on a year round basis.

All screens shall be shown on the landscape plan.

Where nonresidential uses abut residentially zoned lots, and where existing vegetation within the buffer does not provide adequate screening, screening shall be provided in accordance with the above, unless the Board shall determine that because of the design of the site, screening is not necessary.

Required screens shall not be subject to the height limitations applicable to fences.

All parking areas shall be effectively screened with plantings consisting of continuous or dense evergreen hedge or other dense shrubbery or by means of walls or fencing on any side which abuts or faces a residential zone.

Screens shall be at least six (6) feet in height and shall be permanently maintained by the property owner to ensure continued effectiveness.

§ 30-403.10 Private Swimming Pools.

[Ord. No. 23-1997 § II]

Area. The water surface area of a private swimming pool shall not exceed an area of nine hundred (900) square feet. An associated cabana shall not exceed one hundred fifty (150) square feet. The area of the pool, cabana and other associated pool structures shall be included in the area used to calculate the maximum imperious coverage.

Location.

No private swimming pool, or associated structures, shall be permitted in any front yard.

If located in the side yard, no part of a private swimming pool, or associated structures, shall be closer to the side property line than the required side yard setback for a principal structure.

On corner lots no part of any private swimming pool, or associated structures, shall be constructed within the front yard requirement of either street.

Swimming pools and their associated structures shall be a minimum of ten (10) feet from the rear property line.

No pool shall be closer than twelve (12) feet to any accessory or principal building.

The height of any building or structure related to the pool shall not exceed twelve (12) feet in height.

No private swimming pool shall be closer than fifteen (15) feet to any on-site sanitary disposal system or part thereof provided, that this requirement shall not apply to any property which is served by and connected to a public sanitary sewer system.

The owner shall furnish a sketch of the proposed pool and related structures, drawn to scale on a property survey which had been prepared by a licensed surveyor or engineer (may be either original or photocopy), showing the location of the proposed pool and related structures relative to the property lines and existing buildings and improvements on the lot.

Fencing. The entire swimming pool area shall be fenced. Said fence shall be a minimum of four (4) feet in height and a maximum of six (6) feet in height and shall be of such design that it controls access to the pool area. Where the pool is installed on a corner lot, and the fence is not a solid fence, the side nearest the street shall be screened with shrubs not less than four (4) feet in height and forming a visual barrier.

Drains. No pool shall drain into a public sanitary or storm sewer without a permit from the New Jersey Department of Environmental Protection or be located in such a manner that the water from the pool drains onto another property.

Lighting. Artificial lights used or maintained in connection with a private swimming pool shall be so located so that no illumination will result in glare beyond the lot lines.

§ 30-403.11 Outdoor Storage.

Outdoor storage of any kind or nature, except storage of those items customarily used in conjunction with a residential occupancy, is prohibited in all residential zones.

Material stored outdoors shall be located within the minimum required accessory building setback lines.

In all nonresidential zones, where not specifically prohibited, outdoor storage is only permitted in the side and rear yard as herein regulated. No article, equipment, vehicles, supplies or materials or other matter shall be kept, stored or displayed outside the confines of any building unless and until the same is screened by special planting or fencing, as approved by the Board, and maintained in good condition, so that it shall not be visible from any adjacent property or public street.

Where otherwise permitted by this chapter, the display of new and used motor vehicles as a permitted accessory use in a nonresidential zone district shall not be required to be screened by a planting or fence, so that said use is not visible from any abutting public street.

§ 30-403.12 Trailers, Mobile Homes, Recreational Vehicles and Automobiles.

[Amended 3-16-2021 by Ord. No. 05-2021]

“Automobile" means a private passenger automobile of a private passenger or station-wagon-type that is owned or hired and is neither used as a public or livery conveyance for passengers nor rented to others with a driver; and a motor vehicle with a pickup body, a delivery sedan, a van, or a panel truck or a camper-type vehicle used for recreational purposes owned by an individual or by husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the insured other than farming or ranching. An automobile owned by a farm family copartnership or corporation, which is principally garaged on a farm or ranch and otherwise meets the definitions contained in this section, shall be considered a private passenger automobile owned by two or more relatives resident in the same household.

Trailers, mobile homes, recreational vehicles and automobiles, as defined in Article II herein, shall be stored in accordance with Subsection 30-403.12a below, except that with respect to a trailer set up for use in connection with a construction project in any zone, the following shall apply:

A trailer may be set up for use in connection with a construction project in any zone for a period not to exceed ninety (90) days, provided an occupancy permit therefor has been obtained from or reissued by the Construction Official, who is hereby authorized to issue such permits. Any violation of any provisions in this chapter, or the provisions of any ordinance, shall void said permit and a trailer may be subject to immediate removal from the Borough and such other actions the governing body may consider necessary.

Parking or storage of mobile homes, trailers, recreational vehicles and automobiles.

Parking or storage restricted; use as dwelling prohibited.

No person shall park or store a mobile home, trailer or recreational vehicle as defined herein in Article II in the open on any street, highway or other public place within the Borough of Roseland, or on any lot or tract of land therein, whether occupied or unoccupied except that any such structure or vehicle may be parked in a garage or parked or stored by the owner thereof as hereinafter set forth. No such structure or vehicle, while stored or parked as permitted in this subsection, shall be occupied or used for dwelling purposes.

Under no circumstances shall any such structure or vehicle, other than any construction trailer actually used in conjunction with construction upon construction sites, be used for dwelling purposes, human habitation or occupancy of any kind or nature; nor shall the same be connected to any water main, sewer, gas, electric or other utility. Trailers used in connection with construction shall receive a trailer permit to park from the Construction Official who shall have reasonable discretion to regulate the place of parking, use, location and length of stay.

No mobile home, trailer or recreational vehicle shall be parked in the front yard of any residential dwelling. Whenever possible, all such vehicles shall be parked and stored by the owner thereof in that half of the rear yard closest to such primary structure dwelling, but shall not extend beyond a distance of twenty-eight (28) feet or one-half (1/2) of the length of the rear of the dwelling, whichever is less, and then only in such fashion that no part of such structure or vehicle shall project beyond the outside walls of the dwelling or above the highest point of the lowest roof thereof. The Construction Official or Zoning Official shall have authority to determine when it is not possible to park said vehicle or structure in the rear yard or whether, because of topography, property layout or other aesthetic considerations, it is more feasible to park as otherwise provided herein. In such cases, the structure or vehicle may be parked or stored in the other half of the rear yard or in the side yard, but no such structure or vehicle shall be parked or stored in such manner as to violate the side yard requirements for the zone district in which dwelling is located. All vehicles as listed above shall be parked on an approved parking area consisting of asphalt, concrete, pavers or stone as specified in Subsection 30-508.1. Under no circumstances shall any vehicle be parked on areas of lawn, landscape areas or unapproved parking areas.

All mobile homes, trailers and recreational vehicles not stored in an enclosed garage shall be reasonably screened. Screening may consist of trellis, latticework, decorative block, basket-weave fencing, open artistic block or other similar material at least four (4) feet in height approved by the Construction or Zoning Official, or may be shrubbery at least four (4) feet in height. All screening shall be maintained as originally approved. If the screening is not so maintained, any permit granted is subject to revocation by the Construction or Zoning Official. All screening shall also conform to any other Borough ordinance, including those concerning fences. The requirements of this section shall not apply to a construction trailer.

No motor home, trailer or recreational vehicle shall be parked, placed, kept or maintained on any lot or tract other than the lot upon which the principal residence of the actual owner of the same is located.

Any motor home, trailer, automobile or recreational vehicle parked or stored in accordance with the terms of this chapter must:

Be currently licensed for use upon the highways of this State in accordance with the laws of this State, if such licensing is required.

Comply with any and all provisions of N.J.S.A. 39:1-1, et seq., relating to trailers, if applicable.

Be kept and maintained in current repair and kept painted and free from rust.

Collapsible trailers shall be stored or parked in collapsed condition.

Temporary Parking. Any provision of this subsection notwithstanding, a trailer may be parked, placed or located off the street for a period not to exceed forty-eight (48) hours while engaged in the process of loading; or unloading; and any motor home, trailer or recreational vehicle may be parked in a driveway from sunset to sunrise the following morning where such structure or vehicle is then being used for recreational purposes.

Temporary Parking for Transients. Transients through or visitors to the Borough may park trailers in a driveway, side or rear yard of an occupied dwelling for a period of time not to exceed ten (10) cumulative days, provided such transient or visitor makes immediate application to the Construction or Zoning Official for a permit to so park on the premises of the occupied dwelling. Not more than one (1) such permit shall be issued to any one (1) owner or operator in any twelve (12) month period. No permit shall be granted unless the parking is without charge therefor.

Emergency Parking or Stopping. Emergency or temporary parking or stopping of a motor home, trailer or recreational vehicle is permitted on any street or highway within the Borough for not longer than one (1) hour subject, however, to any other and further prohibitions or limitations imposed by the traffic and parking regulations for that street or highway.

Exceptions. Anything herein to the contrary notwithstanding, a trailer may be temporarily parked or stored in the open in connection with:

A public health program sponsored by the Board of Health of the Borough or other public agency.

A program sponsored by any public board or agency of the Borough or of its Board of Education.

A carnival or other affair or function authorized by the Borough Council.

§ 30-403.13 Parking of Commercial Vehicles in Residential Districts.

No commercial motor vehicle having a rated maximum gross vehicle weight (GVW) in excess of ten thousand (10,000) pounds or having more than two (2) axles, shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site.

Not more than one motor vehicle with commercial motor vehicle registration, having a rated maximum gross vehicle weight (GVW) of ten thousand (10,000) pounds or less shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site. This provision shall not apply to passenger automobiles with commercial motor vehicle registration.

§ 30-403.14 Earth Station Antenna.

Earth station antennas are permitted in any zone as an accessory use as this term is defined in this chapter and shall be subject to all regulations set forth herein governing the location and height of accessory buildings as well as those further regulations and conditions set forth in this subsection.

The diameter of earth station antennas (parabolic dish) shall not exceed twelve (12) feet.

The maximum height of antennas and mounting structures measured vertically from the highest point of the antenna when positioned for operation shall not exceed thirteen (13) feet above the ground (unless an integral part of another structure in which event the height limitation on such structure shall control).

No ground level earth station antenna shall be closer to the property lines than the required setback for accessory buildings or a distance equal to the height of the antenna, whichever is greater.

Every ground mounted earth station antenna shall be screened by a special planting or fence, as required and approved by the Zoning Officer, or which shall be maintained in good condition, so that the said earth station antenna shall not be readily visible from any adjacent property or public street.

Power control and signal cables from or to the earth station antenna shall be installed in accordance with the Uniform Construction Code.

§ 30-403.15 Public Utilities.

Public utility distribution facilities required for direct local service may be located anywhere within the Borough where reasonably necessary, provided such facilities are placed within the rights-of-way of existing roads and streets or in utility easements. Public utility buildings or structures, other than those provided for in the foregoing sentence, shall not be located in any zone unless approved by the Board as a conditional use under N.J.S.A. 40:55D-67 and in accordance with the provisions of this Article.

§ 30-403.16 Visibility Requirements.

On any corner lot in any zone, no fence, structure, planting or shrubbery over thirty (30) inches in height above the level of the pavement at the center of the street opposite the point in question shall be erected or maintained within fifty (50) feet of the intersection formed by the projections of the two (2) street sidelines at the corner.

§ 30-403.17 Signs.

[Ord. No. 13-2000; Ord. No. 6-2001 § XI; New; Ord. No. 07-2016]

Permit. It shall be unlawful for any person to erect, paint, or relocate any signs as defined by this chapter within the Borough of Roseland without first obtaining a sign erection permit from the Zoning Officer. The Zoning Officer shall issue permits only for such signs as are specifically allowed for the particular premises and zone district in which the premises are located.

Sign Area Measurement. The area of a sign shall be computed as the total square foot content of the background upon which the lettering, illustration or display is presented including any wall support or frame. If there is no circumscribed background, the sign area shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration or display. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. The area for a sign with more than one face is computed by adding together the area of all sign faces visible from one point. For double-sided identical signs, only one side constitutes total sign area. Signs with more than two (2) display faces are prohibited. A sign with two (2) display areas having an included angle of over forty-five (45) degrees is prohibited.

General Sign Provisions.

Any signs not specifically permitted are hereby prohibited, except in accordance with applicable law.

[Ord. No. 07-2016]

No sign shall be located in such a manner as to materially impede the view of any street or intersection.

Except where otherwise provided, no sign or any part thereof shall be located closer than ten (10) feet to any lot line.

All height limitations shall be measured from ground level to the highest part of the sign or its supporting structure, whichever is higher.

Signs erected flat against the side of a building shall not extend above the height of the vertical wall or cornice to which they are attached.

All illuminated signs shall be lighted or exposed to artificial lighting by lights on or in the sign or directed toward the sign. No sign shall be lighted by means of flashing, revolving, or intermittent illumination. All lights shall be completely shielded from view of vehicular traffic using any public thoroughfare.

Temporary construction signs used as accessory to new construction or alteration on the premises are permitted only after a construction permit for said construction and Zoning Permit for the sign has been issued: provided, however, said temporary sign shall not exceed six (6) square feet in area in residential zones and twenty (20) square feet in area in nonresidential zones and must be removed either prior to the issuance of a certificate of occupancy for said construction or within seven (7) days of the completion of the alteration or renovation.

Real estate signs are permitted without a permit in all zones provided each complies with all of the following requirements:

It is non-illuminated.

It must pertain only to the lease, rent, future use or sale of the premises upon which it is placed.

It shall not exceed six (6) square feet in area in residential and twenty (20) square feet in area in nonresidential.

It shall be removed within seven (7) days after the consummation of lease, rent or sale transaction.

Signs deemed necessary to the public welfare by the Borough, including but not limited to customary "No Trespassing" and traffic or circulation directing signs, are permitted without a permit in all zones. Such signs shall not pertain to any company, individual or business establishment or organization, fraternal or otherwise.

A sign not more than eight (8) square feet in area advertising the name of a church on the church premises, its pastor and its coming activities is permitted in all zones.

Temporary Signs Permitted upon Approval of Zoning Officer. Temporary announcement or promotional signs shall be permitted in all non-residence zone districts only, upon review and approval of the Zoning Officer, and upon issuance of a Zoning Permit, and shall conform to the following provisions:

[Ord. No. 07-2016]

Temporary signs announcing a new or changed use or occupancy, or normal and customary anniversary of the same, shall be permitted in such quantity, size and location as the Zoning Officer shall determine for a period of no more than two (2) weeks. All such signs, as approved by the Zoning Officer, shall require a zoning permit.

No more than one (1) double-sided flag, banner, or curb sign is permitted.

The flag, banner, or curb sign cannot exceed thirty-two (32) square feet per side.

Flags, banners, or curb signs must be secured to withstand strong winds in order to prevent a roadway hazard.

No flag, banner, or curb sign shall be placed so as to obstruct vehicular traffic sight distance triangle requirements.

No flag, banner, or curb sign shall be placed in the sidewalk area unless there is a clear pedestrian walkway of four (4) feet.

No flag, banner, or curb sign shall contain foil, mirrors, bare metal, or other reflective materials which could create hazardous conditions to motorists, bicyclists, or pedestrians.

Sandwich Board Signs. Temporary sandwich board signs shall be permitted in the B-1, B-2, and RM Zone Districts only, upon review and approval of the Zoning Officer, and upon issuance of a Zoning Permit, and shall conform to the following provisions:

[Ord. No. 07-2016]

Only one double sided sandwich board sign per property, or one sign per business in an approved shopping center, shall be permitted.

Sandwich board signs shall be no larger than thirty-two (32) inches in width and forty-eight (48) inches in height and no materials such as papers, balloons, wind socks, etc. may be added to the sign to increase its height and/or width. The height of such signs may not be artificially increased above the allowed maximum by placing material underneath the base of said sign.

Sandwich board signs must be secured to withstand strong winds in order to prevent a roadway hazard.

Sandwich board signs may be used only during the hours when the business is open.

No sandwich board sign shall be placed so as to obstruct vehicular traffic sight distance triangle requirements.

No sandwich board sign shall be placed in the sidewalk area unless there is a clear pedestrian walkway of at least four (4) feet.

All sandwich board signs shall be constructed of weather resistant material.

No sandwich board sign shall contain foil, mirrors, bare metal, or other reflective materials which could create hazardous conditions to motorists, bicyclists, or pedestrians.

Construction.

Freestanding signs shall be supported by posts or pylons of durable materials which may include concrete, steel, treated wood, other suitable materials, or any combination of same. Supports for freestanding signs shall be set securely in the ground or concrete so that the sign will be capable of withstanding high winds. No other bracing or guy wire shall be permitted.

Any sign attached flat against the surface of a building shall be constructed of durable material and attached securely to the building with nonrusting metal hardware.

Maintenance. If the Zoning Officer shall find that any sign is in need of repair, or is not maintained in proper painted condition, the Zoning Officer shall give written notice to the permittee thereof. If the permittee fails to repair or remove it within thirty (30) days after such notice, a summons may be issued.

Signs in the Residential Districts. In the residential zones, only the following signs shall be permitted in addition to the signs as permitted in paragraph c. above:

For single family dwellings, one (1) nameplate sign or customary sign for permitted uses, not more than two (2) square feet in area; provided, however, that no such sign shall be placed within ten (10) feet from any property line other than a street right-of-way line. Such signs may be either non-illuminated or illuminated non-flashing signs provided that the direct source of light is shielded in such a manner that it is not visible from the street or any adjoining residential property.

Signs in connection with each housing or land development as follows:

At the main entrance to the development, two (2) freestanding signs which shall state the name of the development and no other advertising material. Each sign shall not exceed fifteen (15) square feet in area and six (6) feet in height.

At each entrance other than the main entrance, one freestanding sign not exceeding ten (10) square feet in area and not more than six (6) feet in height.

At the rental or sales office of the development, one (1) freestanding sign advertising the office, not to exceed fifteen (15) square feet in area and not more than five (5) feet in height.

Signs in the B-1 and B-2 Business Districts. In the B-1 and B-2 Zone Districts, no signs other than those accessory to the business conducted on the premises are permitted.

One (1) facade sign may be placed or inscribed upon the front facade of a building for each permitted use or activity. Said signs shall not exceed an area equal to ten (10%) percent of the front wall area of the building or portion thereof devoted to such use or activity; and the sum of the area of all facade signs shall not exceed ten (10%) percent of the total front wall area.

One (1) freestanding sign not exceeding fifteen (15) square feet in area in the B-1 Zone and thirty (30) square feet in area in the B-2 Zone nor ten (10) feet in height; provided, however, where more than one (1) use exists in a building, or where two (2) or more buildings share common site elements or are located on the same lot as indicated on an approved site plan, only one (1) freestanding sign shall be permitted. No freestanding sign shall be located in an area within twenty-five (25) feet of any boundary of a residential zone.

Signs are permitted in the window of any business located in the B-1 and B-2 Zone districts. The total sign area for all signs in the window shall not exceed twenty-five (25%) percent of the area of the face of the window upon which said sign is attached.

Signs in the OB-1, OB-2, OB-3 and RM Districts. In addition to signs as permitted in this section, the following signs accessory to the operation or occupancy of the premises shall be permitted in the OB-1, OB-2, OB-3 and RM Zones.

Signs attached and parallel to the face of the building. One (1) facade sign for each building may be placed or inscribed upon one facia of the building. The signs shall not exceed an area equal to ten (10) percent of the facade upon which the sign is to be located, but in no case shall the area of the sign exceed ninety (90) square feet.

One (1) freestanding sign for each street frontage is permitted only if the premises being advertised have a minimum lot width at the required front yard setback of three hundred (300) feet and no building is closer than seventy (70) feet to the front street property line; provided, however, that no freestanding sign shall be placed within thirty (30) feet to any street or highway right-of-way line nor thirty (30) feet to any other property line.

Said freestanding sign shall identify the principal business or operation conducted on the premises only. Tenants shall not attach their sign to any part of the permitted freestanding sign.

Where a freestanding sign as permitted by this subsection is parallel to the front street property line, the length of the sign shall not be over ten (10%) percent of the length of the building in front of which the sign shall be placed, but in no case shall the length of the sign exceed fifteen (15) feet.

Where a freestanding sign as permitted by this subsection is not parallel to the front street property line, the length of the sign shall not be over five (5%) percent of the length of the building in front of which the sign shall be placed, but in no case shall the length of the sign exceed ten (10) feet.

The height of any freestanding sign as permitted by this section shall not exceed two-thirds (2/3) of the length as permitted in paragraph h1 and h2 above, but in no case shall the height of the sign exceed eight (8) feet above the ground.

For the purpose of administering this section, the height of a freestanding sign shall be the greatest vertical dimension and the length shall be the greatest horizontal dimension of the background upon which the lettering, illustration or display is presented including any base support or frame.

Freestanding signs are subject to Board approval.

Sign Regulations for Gasoline Service Stations. Notwithstanding any other provisions of this chapter, gasoline service stations, where permitted, may display only the following signs which are deemed customary and necessary to their respective businesses.

One (1) freestanding sign advertising the name of the station and the principal products sold on the premises, including any special company or brand name, insignia, or emblem, and price information provided that the total area of such sign shall not exceed ninety (90) square feet in area on each side and that each component of such sign shall not exceed fifty (50) square feet. Such sign shall be placed not less than ten (10) feet within the property line and no portion of said sign other than supporting members shall be less than ten (10) nor more than twenty-five (25) feet above the ground. Such sign may display the day's fuel prices in numerals no more than nine (9) inches high. The numerals may be formed utilizing light-emitting diode (LED) technology. The brightness or intensity of any LED used in such numerals shall not exceed a maximum of five thousand (5,000) candelas per square meter during daytime hours, and five hundred (500) candelas per square meter between dusk and dawn, at the source.

[Ord. No. 07-2016]

Freestanding signs are subject to Board approval.

Facade signs for each face of the building fronting on a road or street, not in excess of ten (10%) percent of the wall area or fifteen (15) square feet, whichever is the lesser.

Directional signs or lettering displayed over individual entrance doors or bays or pumps, consisting only of the words "washing", "lubrication", "repairs", "mechanic on duty", "full", "diesel" or other words closely similar in import, provided that there, shall be not more than one (1) such sign over each entrance, bay, or pump; the letters thereof shall not exceed twelve (12) inches in height, and the total area of each sign shall not exceed three (3) square feet.

Customary lettering on or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of gasoline sold, lead warning sign, a price indicator, and any other sign required by law, and not exceeding a total of two (2) square feet on each pump.

One (1) temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that such sign does not exceed six (6) square feet in area.

Prohibited Signs. The following signs are prohibited in all zones in the Borough.

Signs using red, yellow and green lights which might be confused with the operation of any traffic control signal.

Moving or revolving signs and signs using blinking, flashing, vibrating, flickering, tracer or sequential lighting.

Signs using neon lights or any material which sparkles or glitters, but nothing herein contained is intended to prohibit the use of reflective paint on signs directing traffic or identifying various locations within a lot or parcel.

Any sign which unreasonably tends to distract drivers or otherwise constitutes a traffic hazard.

Roof signs.

Signs or advertising matter of an indecent or obscene nature.

Signs using words such as "stop", "look", "danger", etc. which are placed in a manner or position which constitute a traffic hazard or otherwise interfere with the free flow of traffic.

Signs which attempt to imitate or otherwise cause confusion with existing signs erected by any governmental board, body or agency.

Except where specifically permitted, signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premises and any other signs unrelated to the premises on which the sign is erected.

Signs causing interference with radio or television reception.

Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.

Flags, banners, strings of banners, pinwheels, A-type signs, sandwich-type signs, curb signs, and similar advertising devices, except as specifically permitted in subsections 30-403.17c11 and 30-403.17c12.

[Ord. No. 07-2016]

Signs placed on awnings, trees, fences, utility poles, light poles; signs attached to other signs and signs placed upon motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign; but nothing herein contained is intended to prohibit the placement of signs directing traffic or identifying various locations within a lot or parcel on light poles and utility poles erected therein.

Any series of two (2) or more signs placed along a street or highway carrying an advertising message, part of which is contained on each sign.

15.

A sign on a motor vehicle, truck, trailer, whether or not operational and whether or not self-propelled which is used or parked or designated to be parked for advertising purposes. Specifically exempted from this section are those signs, nameplates, or letters affixed to or printed upon commercial vehicles regularly used in the course of business for regular deliveries, pick ups or other such purposes and/or in compliance with the provisions of N.J.S.A. 39:4-46. Specifically included are signs on vehicles, trailers, and the like which have as their prime purpose the advertising of goods, wares, or services of a business which are maintained in a stationary manner at one (1) or more locations for extended periods of time.

Signs Permitted Without a Permit. The following signs shall be permitted in any zone in the Borough without a permit:

Non-illuminated directional signs identifying parking areas, loading zones, entrances, exits, and similar locations. The signs may include a business name or professional name but shall not include any advertising message and shall not exceed three (3) square feet.

Temporary and permanent traffic signs and signals installed by the Borough, County or State for the purpose of directing and regulating the flow of traffic.

Signs indicating public transportation stops when installed by the Borough or a public transportation utility.

Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six (6) square feet in area and which are installed by government agencies or civil or religious organizations.

Warning and no-trespassing signs, not exceeding three (3) square feet in area.

Flags or emblems, of religious, educational, civic, or governmental organizations flown from supports on the buildings or grounds occupied by the organization and the American flag whenever and wherever flown in accordance with the laws and rules promulgated by the Federal government.

Name and number plates identifying residents and affixed to a house, apartment or mailbox, not exceeding seventy-two (72) square inches in area.

Lawn signs identifying residents, not exceeding one and one-half (1 1/2) square feet in area for each side. The signs shall not contain any advertising message and shall be nonilluminated except by a light which is an integral part of a lamppost if used as a support.

Signs posted by governmental agencies or pursuant to governmental statute, order or regulation.

Special Community Activities or Events. Temporary signs announcing special community activities or events deemed by the Zoning Officer to be of special interest to the general public shall be permitted as follows:

[Ord. No. 07-2016]

One (1) temporary sign announcing a special community activity or event, of a size no greater than thirty-two (32) square feet, shall be permitted on the site of the special activity or event for the duration of the activity or event.

Temporary, supplemental signs announcing a special community activity or event shall only be permitted to be erected on Borough owned properties only, and in locations as approved by the Zoning Officer. No more than one (1) sign per lot shall be permitted.

Temporary, supplemental signs announcing a special community activity or event shall be limited in size to four (4) square feet. Such signs shall be permitted to be erected no earlier than two (2) weeks prior to the activity or event and must be removed at the conclusion of the activity or event.

§ 30-403.18 Yards

Every lot shall have yards as required in the zone district in which said lot is located unless otherwise provided by this subsection. All front yards must face upon a dedicated public street and shall be of the size required for the particular zone district in which the lot is located; provided, however, that on streets less than fifty (50) feet in width, the required front yard shall be increased by one-half (1/2) the difference between the width of the street and fifty (50) feet; and provided further, that any lot which abuts a street with a proposed right-of-way greater than fifty (50) feet in width as shown on the Master Plan of the Borough of Roseland, adopted pursuant to N.J.S.A. 40:55D-28 shall have a front yard setback measured from the nearest line of the proposed building or structure to the proposed right-of-way line shown on said Master Plan.

No open space which has been counted or included as part of a side yard, rear yard, front yard, court or other open space as required by this chapter for one (1) building or lot may, by reason of change of ownership or for any other reason, be counted or included in order to comply with the yard, court or other open space requirement of any other building or lot.

§ 30-403.19 Corner Lots.

All yards on corner lots abutting any street shall be construed as front yards and shall be subject to the front yard setback requirements of the zone in which said lot falls. All yards other than front yards of a corner lot shall be construed as side yards and shall conform to the side yard setback requirement of the zone in which said lot falls; provided, however, nothing contained in this subsection shall be construed to permit a building closer to any property line than that as permitted and regulated in this subsection.

§ 30-403.20 Height Exceptions.

[Ord. No. 23-1990; Ord. No. 13-2000; Ord. No. 6-2001 § X]

The height limitations required in each zone district shall not apply to church steeples. Church buildings, hospitals for humans, public school buildings and structures, masts, flag poles, household receiving antennas, or any municipally owned, leased or operated building, structure or use, shall not exceed fifty (50) feet in height or the height limitation set for the zone district in which it is located, whichever is greater.

In the OB-1, OB-2, OB-3 and RM zones, rooftop appurtenances, such as HVAC systems or elevator towers, may exceed the allowed height by no more than ten (10) feet if such structures do not cover more than twenty-five (25%) percent of the roof area, are not intended for human habitation and are screened in a manner consistent architecturally with the proposed building.

§ 30-403.21 Driveways.

No driveway shall be located within five (5) feet of a side lot line unless it is a common driveway for attached duplex or multifamily dwelling. No driveway pavement area shall be wider than one-half (1/2) the width of a lot.

See also Article V, Section 30-508 for additional parking lot and driveway design standards.

§ 30-403.22 Portable On-Demand Storage Structures, Portable Toilets and Dumpsters.

[Ord. No. 14-2008]

A portable on-demand storage structure and/or portable toilet and/or dumpster may be utilized as an accessory temporary structure within the Borough when in compliance with the standards of this section. Any use of such structures within the Borough not in compliance with this subsection shall be unlawful and subject to fines and penalties as permitted under this Code.

The term "portable on-demand storage structures" shall be defined to be: any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements. A portable on-demand storage structure cannot exceed 8 x 8 x 16 feet.

The term "portable toilet" shall be defined to be: a modern, portable, self-contained outhouse manufactured of molded plastic or like material in a variety of colors and are used as a temporary toilet for construction sites.

The term "dumpster" shall be defined to be: an exterior waste container designed to be mechanically lifted by and emptied into or carted away by a collection vehicle. A dumpster cannot exceed thirty (30) cubic yards and the material inside the dumpster cannot be higher than the sides of the dumpster.

Use of a portable on-demand storage structure or portable toilet shall only be permitted where a permit has been issued by the Borough Zoning Code Enforcement Officer.

Applications for the permitted use of a portable on-demand storage structure or portable toilet or dumpster may be obtained from the Zoning Code Enforcement Officer, and the application shall be submitted when completed by the party requesting use of a portable on-demand storage structure or portable toilet or dumpster on that form provided by the Zoning Code Enforcement Officer to the Zoning Code Enforcement Officer with a sketch showing the location of the portable on-demand storage structure or portable toilet or dumpster on the site plan or survey and detailing the distance of units from other buildings, fire hydrants, Fire Department connections and/or utilities.

All portable on-demand structures and dumpsters shall be placed in driveways adjacent to the principal structures, or other location, approved by the Zoning Code Enforcement Officer.

No portable toilet shall be placed in the front yard and must not be seen from the roadway unless otherwise approved by the Zoning Code Enforcement Officer.

An application fee of ten ($10.00) dollars shall accompany the form requesting such permission. Failure to obtain permission for placement of such temporary structure shall result in the issuance of a summons.

Length of Time Structures May Be on Property; Extensions. A portable on-demand storage structure and/or dumpster may be located as a temporary structure on property within the Borough for a period not exceeding thirty (30) days in duration from time of delivery to time of removal in circumstances where a construction permit for the property has not been issued. Where exceptional circumstances exist, the Zoning Code Enforcement Office may alter the permit to extend the time where these structures may be permitted on property.

In such circumstances where a construction permit has been issued for the property, the portable on-demand storage structure or portable toilet or dumpster may be located as a temporary structure on property for a period not exceeding ninety (90) days, with the right to two (2) thirty (30) day extensions if deemed necessary and appropriate by the Zoning Code Enforcement Office. In no event may a portable on-demand storage structure be located on property for a period in excess of one hundred fifty (150) days in any twelve-month period. Extensions beyond the one hundred fifty (150) days may be granted by the Borough Council. The property owner seeking said extension must apply to the Council at the time the last thirty (30) day extension is applied for.

No portable on-demand storage structure located within the Borough shall contain flammable, combustible, toxic or hazardous materials.

§ 30-403.23 Generators.

[Ord. No. 01-2014; amended 12-15-2020 by Ord. No. 29-2020]

§ 30-403.23.1 Definitions.

[Amended 12-15-2020 by Ord. No. 29-2020]

For the purposes of this chapter, the terms herein are defined as follows:

EMERGENCY

The loss of primary power due to power outage beyond the control of the property owner.

GENERATOR

Reciprocating internal combustion engine and associated equipment, including but not limited to fuel tanks, cover, piping, pad and transfer switch, used to supply backup electric power when local utility is unavailable, not including portable generators.

§ 30-403.23.2 Permit Required; Location for Outside Equipment.

[Amended 12-15-2020 by Ord. No. 29-2020]

No generator shall hereafter be permanently installed to serve any existing dwelling erected on a lot located in any residential district of the Borough of Roseland, unless such generator meets the requirements of this chapter and a permit to do so is first obtained from the Construction Department. For a single or two-family residence, generators shall be located in the side or rear yard of the lot only. The location of the proposed generator must comply with the setback requirements of the zone. All generators permanently installed yard may be screened with shrubbery or fencing at least four feet in height as approved by the Building and Zoning Departments. Any screening or fencing proposed shall be shown and depicted in an accurate plan subject to the review and approval of the Building and Zoning Departments. The generator and any related improvements shall be placed in accordance with the generator manufacturer's recommendations, the requirements of the National Fire Protection Association, and the zoning requirements of the Borough of Roseland. All screening or fencing shall be maintained as originally approved. If the screening or fencing is not so maintained, any permit granted is subject to immediate revocation by the Building and Zoning Departments.

In the event the generator is proposed to service a two-family dwelling, the requirements of this Section 30-403.23 shall be applicable to each dwelling unit if more than one generator is being proposed. When an installation of a generator is being proposed for other than a single-family or two-family dwelling for a residence located in the other residential zones for the Borough of Roseland, the generator may be installed within five feet from any side or rear wall of the dwelling unit and/or in a common area or limited common area of the condominium premises provided that such installation is also permissible under the terms of the master deed and/or rules and regulations for the condominium or association which must be provided by the applicant.

§ 30-403.23.3 Generators and Equipment.

[Amended 12-15-2020 by Ord. No. 29-2020]

Except for generators serving a public purpose and owned and operated by the Borough, generators permanently placed on the ground or a pad shall be allowed only as follows:

Only one permanent generator shall be permitted.

The generator shall comply with the side yard setback requirements for principal uses of the zone. Generators may extend not more than five feet into the required or nonconforming rear yard setback requirement of the zone. In no event shall a generator be placed less than 30 feet from a rear property line. In the case of an installation of a generator in residential zones other than the single-family residential district, then the setback requirements shall conform to the requirements set forth in Subsection 30-403.23.2 above.

The generator and any related improvements shall be installed in accordance with the generator manufacturer's recommendations, the most current editions of the National Fire Protection Association, the National Electric Code, the International Fire Code New Jersey Edition, the National Standard Plumbing Code New Jersey Edition, and the International Residential Code New Jersey Edition.

The footprint of the generator, including the pad, will not be counted as impervious coverage.

The footprint, including the pad and cover, shall not exceed 12 square feet and a height of four feet.

The generator shall be used only during periods of emergency or for periodic testing and necessary maintenance operations.

The generator shall at all times comply with any ordinance or regulation of the Borough of Roseland imposing noise restrictions except when used for emergency purposes, testing, or repairs, and said system must at all times be outfitted with a working muffler.

The exhaust of the generator shall, as much as practically feasible, be vented upwards or directed away from neighboring properties.

The generator shall be operated for routine testing and maintenance purposes not more than one time in any seven-day period, and no test shall exceed 30 minutes. Testing of emergency generators is permitted Monday through Saturday only (excluding holidays), between the hours of 11:00 a.m. and 12:00 p.m. or 2:00 p.m. and 3:00 p.m.

Testing may be conducted when the unit is being repaired, provided that such testing period shall not exceed 30 minutes and shall be conducted only between the hours of 10:00 a.m. and 5:00 p.m. Monday through Saturday, excluding holidays.

§ 30-403.23.4 Application for Permit.

[Amended 12-15-2020 by Ord. No. 29-2020]

The application for the installation of a generator in accordance herewith, on forms supplied by the Building and Zoning Departments, shall be accompanied by a survey prepared by a licensed land surveyor of the State of new Jersey, showing the property lines of the lot, the location of the building or structure, the front, side, and rear yard dimensions and the proposed location, drawn to scale, of the generator and for any related screening proposed.

For any generator proposed for other than a single-family or two-family residence in any other residential district of the Borough, the application shall be accompanied by the site plan for the condominium or development as currently exists in the master deed for the condominium or association as provided by the applicant and accompanied with an overlay with an accurate drawing or sketch to scale showing the dimensions and the proposed location of the generator and any properly proposed screening subject to the reasonable review, requirements, and approval of the Building and Zoning Departments.

§ 30-403.23.5 Application Fee.

[Amended 12-15-2020 by Ord. No. 29-2020]

Every application for the installation of a generator to serve a dwelling, building, or other structure shall be accompanied by a fee in accordance with the Fee Schedule of the Borough Code.

§ 30-403.23.6 Inspections Required.

[Amended 12-15-2020 by Ord. No. 29-2020]

No generator shall be placed in operation, or routinely tested, unless and until inspected and approved by the Roseland Building and Zoning Departments.

§ 30-403.23.7 Violations and Penalties.

[Amended 12-15-2020 by Ord. No. 29-2020]

Any person, firm, corporation, or other entity who shall violate any of the provisions of this Section 30-403.23 shall, upon conviction, be subject to a fine as provided in § 30-802 of the Borough Land Development Ordinance, Chapter 30, and/or as may be applicable per the rules and regulations of the Borough's Construction Department. Each day that such violation shall continue shall be deemed a separate offense.

§ 30-403.24 Short-Term Rentals; Licensing.

[Added 11-26-2019 by Ord. No. 28-2019]

The purpose of this section is to regulate the use of single-family detached houses and apartment complexes for short-term rentals so as to ensure that such rental use does not create adverse impacts to residential neighborhoods due to excessive traffic, noise, and density. Two-, three- and four-family homes may not at any time be used for short-term rentals.

As used in this section, the term "short-term rental" shall mean the rental for compensation of a dwelling, or portion of a dwelling, for the purpose of overnight lodging for a period of not less than one night and not more than 30 consecutive days, other than ongoing month-to-month tenancy granted to the same renter for the same unit as their primary residence. This definition shall not include hotels, motels, and bed- and-breakfast inns.

The person offering a dwelling unit for short-term rental use must be the owner or lessee of the residence in which the short-term rental activity occurs. Short-term rental activity may not occur in any accessory building located on the same premises as the residence.

Any person offering a dwelling unit for short-term rental use shall be required to obtain any license from the Borough Clerk to offer each dwelling unit for short-term rental. The applicant for such license shall submit to the Borough Clerk an application in a form to be determined by the Clerk, along with a nonrefundable application/registration fee of $500. Said license shall be valid for a period of one year from the date of issuance, unless the short-term rental property changes ownership, at which time such license shall automatically expire. The Borough shall have discretion to accept and reject such licenses. As part of the application for a license, the applicant shall indicate whether there is sufficient off-street parking available for the short-term rental.

Any person offering a dwelling unit for short-term rental use shall first be required to obtain a certificate of habitability from the Housing and Property Maintenance Department indicating that the dwelling unit conforms with the provisions of the Housing and Property Maintenance Code of the Borough of Roseland. Every 30 days thereafter, the owner of such dwelling unit shall obtain a new certificate of habitability from the Borough of Roseland. The fee for the issuance of a certificate of habitability shall be $60 and shall be payable to the Borough of Roseland.

There shall be no sign identifying the short-term rental use, and there shall be no identification of such short-term rental use upon any mailbox.

The short-term rental use shall be conducted in a manner that does not materially disrupt or adversely affect the residential character of the neighborhood.

No equipment or process shall be used in such short-term rental which creates glare, fumes, odors, or other nuisance factors detectable to the human senses outside the lot on which the short-term rental is conducted. Both the owner or lessee of a short-term rental property and the short-term renters shall comply with all ordinances of the Borough of Roseland, including, but not limited to, those ordinances regulating noise and nuisance conduct. Failure of short-term renters to comply with all such ordinances shall subject the short-term renters and the owner or lessee of such short-term rental property to the issuance of fines and/or penalties as set forth in paragraph q below.

Short-term rentals shall be limited to a maximum of 60 days per year.

In a single-family detached home, up to two bedrooms may be rented to guests. Occupancy shall be limited to two guests per bedroom or four total guests, whichever is less. Notwithstanding this provision, an owner of a home may rent out their entire home, consistent with the requirements of this section.

Only one party of guests shall be permitted per short-term rental unit.

For all short-term rentals, there shall be an in-Borough property manager available at all times if the owner or operator is out of the Borough during the time of rental.

The owner of a short-term rental property shall post the following information in a prominent location within the short-term rental unit:

Owner name; if owner is an entity, the name of a principal in the entity, and phone number for the owner (individual);

The name and phone number of the in-Borough property manager, should the owner or operator be out of Borough during the time of rental;

The phone numbers for the Borough's Police Department, and the Borough's Fire Department, the Borough's Code Enforcement Officer;

The maximum number of parking spaces available on site;

Trash and recycling pickup day and all applicable rules and regulations regarding trash disposal and recycling;

A copy of this section;

A copy of the license issued by the Borough of Roseland;

A copy of the certificate of habitability issued pursuant to this section; and

Notification that a short-term renter may be cited or fined by the Borough for violations of, and in accordance with, any applicable ordinance(s) of the Borough.

Use of short-term rentals for commercial or social events shall be prohibited.

All advertising for any short-term rental shall include a reference to the license number issued by the Borough of Roseland.

No short-term rental shall be for a period of more than 30 days at one time.

No short-term rental shall be permitted in any condominium or Borough home where the condominium association bylaws or master deed, or condominium rules and regulations, do not permit such short-term rental of condominium units in the development.

In no event shall a short-term rental property be rented to anyone younger than 21 years of age. The primary occupant of all short-term rentals executing the agreement between the owner and the occupant must be over the age of 21 and must be the party who will actually occupy the property during the term of the short-term rental. The primary occupant may have guests under the age of 21 who will share and occupy the property with them. Both the primary occupant executing the short-term rental agreement and the owner of the short-term rental property shall be responsible for compliance with this provision and shall both be liable for a violation, where the property is not occupied by at least one adult over the age of 21 during the term of the short-term rental.

Any violation of this section may subject a violator to any remedy, legal or equitable, available to the Borough. Remedies may specifically include revocation of the short-term rental privilege as permitted under this section.

§ 30-404 DISTRICT REGULATIONS.

§ 30-404.1 R-1, R-2, R-2A, R-3, R-4, R-5, R-6 Residential Zones.

[Ord. No. 20-1993; Ord. No. 23-1997 § II; Ord. No. 3-2000; Ord. No. 6-2001 §§ VII- IX]

Permitted Principal Uses.

Single-family detached dwelling in the R-1, R-2, R-3, and R-4 only.

Townhouses in the R-5 and R-6 Districts only.

Garden apartment units in the R-6 District only.

Public parks and playgrounds.

Family day-care homes.

Open space in all districts, including the R-2A District.

Permitted Accessory Uses and Structures.

Accessory structures shall be limited to pools (in-ground or aboveground), cabanas, decks, sheds (not exceeding 150 square feet), and detached garages (as permitted by Subsection 30-403.7a3 of this article). The total number of accessory structures per single-family lot shall not exceed three.

Signs as permitted and regulated.

Not more than two roomers or boarders per dwelling unit.

Private, noncommercial swimming pool, tennis court or racquetball court.

Fences and/or walls.

Private, noncommercial greenhouses.

Home occupations.

Permitted Conditional Uses.

Public and private schools.

Church or other place of worship.

Municipal uses.

Board of Education Uses.

Public utility facilities.

Residential professional offices.

Lot, Yard and Height Regulations. See Schedule I.

Editor's Note: Schedule I, referred to herein, may be found in the Appendix located at the end of this chapter.

Townhouse Standards. Townhouses shall be allowed in the R-5 and R-6 Zones only, subject to the following requirements:

Tract and Lot Area. Minimum tract size for townhouse uses shall be five (5) acres.

Height. No building shall exceed a maximum of thirty-five (35) feet in height.

Yards. No building containing a single-family attached dwelling unit shall be closer than fifty (50) feet to any abutting street right-of-way line nor closer than fifty (50) feet to any other property line. Accessory structures and parking are permitted in the side and rear yard provided no accessory structure or parking area shall project closer than twenty (20) feet to any property line.

Minimum Distance Between Buildings. There shall be a minimum distance between dwelling structures as provided in the following schedule:

Front facing front	60 feet
Front facing rear	60 feet
Front facing side	30 feet
Rear facing rear	60 feet
Rear facing side	30 feet
Side facing side	30 feet

Density. The average density of any parcel of land shall not exceed six (6) single-family attached dwellings for every acre of the tract of land so developed. Building coverage shall not exceed twenty (20%) percent of the tract.

Units per Structure. No structure shall contain more than eight (8) single-family attached dwellings.

Rooms. All single-family attached dwellings shall contain at least one (1) bedroom separate from the living area.

Off-Street Parking. See Section 30-520.

Lighting. Reasonable yard lighting shall be provided to illuminate the premises at night. All wiring shall be laid underground. All lighting fixtures shall be so arranged so that the direct source of light is not visible from any residential areas as approved by the Board.

Partition Walls. There shall be between each single-family attached dwelling a firewall which shall be constructed pursuant to the following specifications as verified by the Construction Official. Such noncombustible wall shall have a sound transmission classification (STC) of not less than fifty-two (52) based on the laboratory test procedure specified in the ASTM (American Society of Testing Materials) recommended practice E-90-66T.

Landscaping. All outdoor areas shall be landscaped as approved by the Board. All parking and service areas shall be adequately screened and shielded from adjacent residential areas and located on the site as approved by the Board. Interior development roads and pedestrian walks shall be provided with shade trees. Open spaces adjacent to and between buildings, border strips along interior development roads, and areas along the sides of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material ground cover. Approaches to single family attached dwelling structures and entrance areas shall be attractively shrubbed.

Top soil shall not be removed from the site during construction but shall be stored and redistributed to areas within the development most exposed to view by occupants and the public and such areas shall be stabilized against erosion by seeding or planting.

Utilities. Every dwelling must be connected to the public sanitary sewer and water systems, as approved by the Board. Fire hydrants shall be installed by the developer in adequate numbers and at locations recommended by the Borough Engineer. All utilities such as electricity, telephone and the like shall be installed underground. Adequate provision for storm drainage must be made as approved by the Board after consultation with the Borough Engineer.

Traffic. The Board shall require entrances and exits to the site at locations and widths that will minimize traffic congestion and result in the best vehicular and pedestrian circulation pattern both on and abutting the site. The Board may require the applicant to submit a traffic engineering study prepared by a licensed professional traffic engineer which will indicate the impact that the development of the site will have on surrounding roads. This traffic study shall include the following elements:

Estimated peak hourly traffic to be generated by the proposal.

Assignment of estimated peak hourly traffic by percentage and volume to surrounding streets.

If the results of the survey indicate necessary off-site improvements of existing Borough streets, the applicant shall contribute a pro rated share of such improvements as determined by the Board.

Guarantees. The applicant shall furnish to the Board, as a condition of final site plan approval, agreements, covenants, master deeds, bylaws and other instruments deemed necessary by the Board to effectively guarantee and verify that:

The lands designated for open spaces and all common elements the condominium will be properly preserved and maintained in perpetuity.

That the condominium will meet all common expenses and properly assume all obligations and normal incidents of ownership.

Garden Apartment Standards. Garden apartments shall be allowed in the R-6 Zone only, subject to the requirements below. Customary accessory uses to the above permitted uses are also permitted.

Tract Area. Minimum tract size shall be nine (9) acres.

Project Size. There shall be at least sixty (60) dwelling units within each garden apartment project or any development section thereof.

Density. The number of dwelling units in the overall development area shall not exceed an average of ten (10) dwelling units per acre. Building coverage shall not exceed twenty (20%) percent of the tract.

Units per Structure. No structure shall contain more than twelve (12) dwelling units.

Utilities. Every garden apartment development must be connected to the public sanitary sewer and water systems, as approved by the Borough Engineer. Fire hydrants shall be installed by the developer in adequate numbers and at locations as approved by the Board. Telephone and electric wiring shall be laid underground.

Height. No building containing garden apartment units shall exceed thirty-five (35) feet in height.

Frontage. Every lot shall have a frontage of not less than one hundred (100) feet measured along the front street right-of-way line.

Setback. No building, structure or parking area shall be located within fifty (50) feet of any pre-existing public street as of the time of the initial application. Every building or structure shall have a minimum setback of twenty-five (25) feet from all interior development roads and shall have a setback of fifty (50) feet from adjoining property lines bounding the development area. Accessory structures and parking in the side and rear yards are permitted provided no accessory structure or parking area shall project closer than twenty (20) feet to any property line.

Minimum Distance Between Buildings. There shall be a minimum distance between dwelling structures as provided in the following schedule:

Front facing front	60 feet
Front facing rear	60 feet
Front facing side	30 feet
Rear facing rear	60 feet
Rear facing side	30 feet
Side facing side	30 feet

Superintendent. Each garden apartment project shall have a building superintendent residing on the premises.

Landscaping. All open spaces in any garden apartment project shall be adequately landscaped and maintained in good condition after approval by the Board. All parking and service areas shall be so screened that adjacent residential areas are shielded from said parking or service areas, and all ingress and egress driveways to and from said parking and service areas shall only be located within the R-6 Zone District.

Lighting and Wiring. Yard lighting shall be provided during the hours of darkness to provide illumination for the premises and all interior sidewalks, walkways and parking areas thereon. All electrical and telephone wiring shall be laid underground and all lighting fixtures shall be so arranged that the direct source of light is not visible from any street or adjacent residential areas.

Parking. All garden apartment development shall meet the off-street parking provisions of Section 30-520.

Location. No dwelling unit or any portion thereof shall be located below the first story or above the second story of any garden apartment structure.

15.

Facilities. Each dwelling unit shall contain complete cooking, toilet and bathing facilities; provided, however, that any garden apartment dwelling unit containing more than two (2) bedrooms shall have at least one and one-half (1 1/2) baths. For the purpose of administering this subsection, a half bath shall consist of at least a toilet and a sink.

All bedrooms shall be separately partitioned and enclosed.

Each garden apartment dwelling structure shall contain a readily accessible interior storage area in the basement of at least five hundred (500) cubic feet per dwelling unit. The height of any such storage area shall not be less than seven (7) feet.

Each garden apartment dwelling structure shall contain separately partitioned clothes washing and drying areas of at least ten (10) square feet of floor area per dwelling unit.

16.

Driveways. Private driveways, where approved by the Board, shall provide adequate access and circulation within the development as well as relative to public thoroughfares and shall be in harmony with the proposals of the Master Plan, the Official Map, and the requirements of the Board. All drives, access roadways and sidewalks shall be properly paved, curbed and drained as approved by the Borough Engineer and shall comply with the requirements of the ordinances of the Borough of Roseland. All driveways shall have a minimum pavement width of twenty-four (24) feet between curbs. However, access roadways shall have a minimum pavement width of thirty (30) feet between curbs. Private access roadways, where necessary, shall be designated as Emergency Vehicle Routes. Curb parking along these routes shall be prohibited and the prohibition enforced by the Borough.

Conversion of Residential Density. Nonresidential floor area may be substituted for residential density in the R-2A Zone, subject to the requirements below:

Both the OB-1 and the R-2A portions of a lot shall be under the same ownership.

F.A.R. on the R-2A portion shall be eighteen (18%) percent.

The R-2A portion shall be deed restricted against any further development.

§ 30-404.2 R-7/AH-1, R-8/AH-2, R-9/AH-3 Affordable Housing Zones.

[Ord. No. 20-1993; Ord. No. 9-1999; Ord. No. 10-2009 § 1]

The Borough of Roseland recognizes its obligation under the New Jersey Fair Housing Act to provide for its own indigenous need and its fair share of the regional need of low- and moderate-income (affordable) housing. According to data developed by the New Jersey Council on Affordable Housing (COAH), Roseland's precredited housing need is two hundred sixty (260) housing units consisting of an indigenous need of three (3) units and an inclusionary component of two hundred fifty-seven (257) units. Due to a lack of available, developable, vacant land, the Borough has sought an adjustment of the inclusionary component from COAH.

Permitted Principal Uses and Densities. Properties in the AH Districts may be developed only for townhouses and apartments subject to the following requirements and limitations:

In the R-7/AH-1 District, properties may be developed only for townhouses at a maximum density of six (6) housing units per acre, exclusive of any State or Federally designated wetland or other wetland area confirmed by professional investigation and any area containing slopes exceeding a grade of fifteen (15%) percent and subject to other requirements and limitations as may be imposed by this chapter, provided, however, that not less than thirty-six (36) housing units shall be designated for occupancy by low- and moderate-income households less any units as may be transferred under a regional contribution agreement. The units designated for low- and moderate-income households may be either townhouses or apartments.

In the R-8/AH-2 District, properties may be developed only for townhouses at a maximum density of six (6) housing units per acre, exclusive of any State or Federally designated wetland or other wetland area confirmed by professional investigation and any area containing slopes exceeding a grade of fifteen (15%) percent, and subject to other requirements and limitations as may be imposed by the chapter provided, however, that not less than twenty (20%) percent of the total number of housing units shall be designated for occupancy by low- and moderate-income senior citizen households. The units designated for low- and moderate-income senior citizen households may be either townhouses or apartments.

In the R-9/AH-3 District, properties may be developed only for townhouses at a maximum density of six (6) housing units per acre, exclusive of any State or Federally designated wetland or other wetland area confirmed by professional investigation and any area containing slopes exceeding a grade of fifteen (15%) percent, and subject to other requirements and limitations as may be imposed by this chapter provided, however, that not less than twenty (20%) percent of the total number of housing units shall be designated for occupancy by low- and moderate-income households.

Permitted Accessory Uses. The following accessory uses are permitted in all AH Districts:

Private garages.

Buildings for storage of maintenance equipment.

Off-street parking as regulated in Section 30-520.

Signs in accordance with subsection 30-403.17.

Private recreation buildings and facilities, including swimming pools, intended for use by residents of the premises.

Required Conditions. The following zoning standards shall apply to development in the AH Districts:

Minimum lot area - fifteen (15) acres.

Minimum setback from streets and tract boundary - fifty (50) feet.

Maximum building coverage - twenty (20%) percent of site.

Maximum height of building - No building shall exceed a height of two and one-half (2-1/2) stories or thirty-five (35) feet.

Maximum Number of Dwelling Units per Building:

Townhouses-eight (8);

Apartments - sixteen (16);

Townhouses and apartments-twelve (12).

Parking - Adequate provision shall be made for off-street parking in accordance with all applicable provisions of Section 30-520 of this chapter.

Dispersal of low- and moderate-income Housing Units: In the R-8/AH-2 and R-9/AH-3 Districts, low- and moderate-income housing units shall be interspersed with market rate units both throughout the development and within individual buildings. No building shall be devoted exclusively to low- and moderate-income housing units. In buildings containing low- and moderate-income housing units, not more than seventy-five (75%) percent of the total number of units shall be low- and moderate-income housing units.

Minimum Distances Between Buildings. There shall be a minimum distance between dwelling structures as provided in the following schedule:

	Minimum At Any Point	Minimum Average
Front facing front	60 feet	75 feet
Front facing rear	60 feet	75 feet
Front facing side	30 feet*	40 feet*
Rear facing rear	60 feet	75 feet
Rear facing side	20 feet*	25 feet*
Side facing side	20 feet*	25 feet*

*Note: Not less than (50) feet if driveway is located between buildings.

Accessory Buildings.

Setbacks. Accessory buildings shall meet the street and property line setbacks of the principal building. Swimming pools, tennis courts and other surfaced recreation facilities shall be at least one hundred (100) feet from a residential property line and at least fifty (50) feet from any other property line.

Height. The maximum height of an accessory building shall be sixteen (16) feet. Clubhouses shall be governed by height limitations for principal buildings.

Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.

Open Space and Recreation. Exclusive of internal roadways and parking areas, there shall be provided a minimum, of thirty (30%) percent of the entire tract for common open spaces and recreation facilities, of which not less than five (5%) percent of the entire tract shall be developed for active recreation purposes appropriate for the needs of the anticipated population of the development.

low- and moderate-income Housing Requirements.

Not less than fifty (50%) percent of the low- and moderate-income units in each development shall be made affordable and sold or rented to low income households.

In the R-7/AH-1 and R-9/AH-3 Districts, at least thirty-five (35%) percent of the low and thirty-five (35%) percent of the moderate income units shall be two (2) bedroom units. At least fifteen (15%) percent of the low and fifteen (15%) percent of the moderate income units shall be three (3) bedroom units, and no more than twenty (20%) percent of the low and twenty (20%) percent of the moderate income units shall be efficiency or studio units. In the R-8/AH-2 District, low- and moderate-income units need contain no more than one (1) bedroom; provided, however, that no more than twenty (20%) percent of the low and twenty (20%) percent of the moderate income units shall be efficiency or studio units.

Minimum floor area requirements for low- and moderate-income housing units shall be as follows:

Unit Type	Minimum Floor Area
0 bedroom (studio) unit	500 sq. ft.
1 bedroom unit	675 sq. ft.
2 bedroom unit	900 sq. ft.
3 bedroom unit	1,000 sq. ft. plus 150 sq. ft. for each bedroom in excess of 3 bedrooms.

All buildings containing low- and moderate-income units shall be comparable to those containing market units in terms of architectural design and quality of building materials. All site amenities, including recreation facilities, shall be available to low- and moderate-income households to the same extent that they are available to households occupying market units.

Phasing. A developer shall submit a phasing schedule for the construction of low- and moderate-income units. At least half the lower income units in each phase shall be low income units.

Affordable housing units shall be constructed at a rate no less rapid than the following:

Percentage of Affordable Units Completed	Percentage of Market Rate Units Completed
0	25
10	25 + 1 unit
50	50
75	75
100	90
-—	100

Occupancy Selection.

[Amended 7-16-2019 by Ord. No. 13-2019]

The Administrative Agent shall designate an application period during which applications to purchase or rent units will be accepted.

Applications shall be accepted only if submitted on an application form prepared and approved by the Administrative Agent. Applications shall be completely filled out and notarized. Knowingly or intentionally making any false statement on a form shall be grounds for disqualifying an applicant even if the applicant is otherwise eligible. The following information shall be required to determine income eligibility for low- and moderate-income housing:

A copy of IRS Form 1040 (Tax Computation form) for each of the three years prior to the date of the application and a verified statement of income and assets on a form prepared by the Administrative Agent.

A letter from current employer(s) stating present annual income or four (4) consecutive paystubs dated within one hundred twenty (120) days of the interview date.

A letter or appropriate reporting form verifying benefits, including but not limited to, social security or pension.

A letter or appropriate reporting form verifying any other sources of income claimed by the applicant household.

Reports that verify income from assets to be submitted by banks or other financial institutions managing trust funds, money market accounts, stocks or bonds.

Reports that verify assets that do not earn regular income such as real estate and savings with delayed earnings provisions.

The Administrative Agent shall determine whether the applicant meets the income and other requirements established in these regulations. The review process shall also involve a credit background report. To be an eligible applicant, the applicant shall have an acceptable credit history such that there is a realistic possibility that he will be approved for a mortgage.

The Administrative Agent will determine which eligible applicants shall be offered the opportunity to purchase or rent units. Selection from among the eligible applicants shall be on a random basis subject only to the priority schedule established herein.

Eligibility. Sale or rental of low- and moderate-income dwelling units shall be on the basis of income of applying eligible households.

All applicants for the purchase or rental of low- and moderate-income units shall meet the income qualifications established within this subsection at the time the application is filed and shall be qualified at the time of taking title or occupancy.

Where the number of applicants exceeds the number of low- and moderate-income units available, the sale or rental of such units shall be determined by lottery.

Appeals. In the event that an applicant is determined to be ineligible for a low- or moderate-income unit by the Administrative Agent, the applicant may submit additional proofs and request reconsideration by the Affordable Housing Board. Such request for reconsideration shall be made within five days of receipt of notice of denial by the applicant.

[Amended 7-16-2019 by Ord. No. 13-2019]

Waiting List. The Administrative Agent may establish a waiting list for the remaining eligible applicants in the manner established herein. After all the units are occupied, the Administrative Agent, in consultation with the Council, may choose to accept new applications. If an applicant is deemed eligible, the applicant shall be placed on the waiting list at the bottom of the particular priority classification for which the applicant qualifies. The Administrative Agent shall periodically recertify the applicants on the waiting list to ensure that the list remains current and that the applicants are still qualified for the units to which they applied.

[Amended 7-16-2019 by Ord. No. 13-2019]

Income eligibility standards.

The Council shall adopt income eligibility ceilings for low- and moderate-income units for various sized households based upon United States Department of Housing and Urban Development "uncapped median income by family size" for the PMSA in which Roseland is located. No applicant with a household income in excess of these ceilings shall be eligible to rent the low- and moderate-income units.

[Amended 7-16-2019 by Ord. No. 13-2019]

Upon periodic publication of updated income standards by the United States Department of Housing and Urban Development, the Council shall modify its income eligibility ceilings accordingly.

[Amended 7-16-2019 by Ord. No. 13-2019]

Income shall include all sources of income, whether taxable or nontaxable including Social Security and pensions.

Imputed Income. For the purpose of determining eligibility and rents, interest on the present value of real property and extraordinary personal property owned by the applicant shall be imputed at the interest rate on ninety (90) day Treasury Bills at the end of the most recent calendar quarter.

The income and assets of all members of the household as well as the income and assets of any individual who is expected to occupy the unit for which the household is seeking to qualify shall be included in the determination of eligibility and of rents. The form used for verification of household income shall include an affidavit attesting that the application contains the complete income of all current or anticipated household members.

Initial Sales and Rental Price.

All units offered for sale or rent are to be affordable to a cross-section of low- and moderate-income households: with respect to low income households, that shall include households earning between thirty-five (35%) percent and fifty (50%) percent of median, adjusted for household size; and with respect to moderate income households, that shall include households earning between fifty (50%) percent and eighty (80%) percent of median, adjusted for household size.

The average price of low- and moderate-income units shall be, as best as practicable, affordable to household at fifty-seven and one-half (57.5%) percent of median annual income as contained in N.J.A.C. 5:92-12.4.

The following distribution of prices for every twenty (20) low- and moderate-income units is established:

Pricing Stratification
Low	1 unit	affordable at 40 through 42.5 percent
	3 units	affordable at 42.6 through 47.5 percent
	6 units	affordable at 47.6 through 50 percent
Moderate	1 unit	affordable at 50.5 through 57.5 percent
	1 unit	affordable at 57.6 through 64.5 percent
	1 unit	affordable at 64.6 through 68.5 percent
	1 unit	affordable at 68.6 through 72.5 percent
	2 units	affordable at 72.6 through 77.5 percent
	4 units	affordable at 77.6 through 80 percent

For initial occupancy, priority shall be given to households within a particular income category with flexibility based on N. J. Housing and Mortgage Finance Agency affordability controls criteria.

For purposes of assuring affordability of housing units to low- and moderate-income households of varying sizes, it shall be assumed that housing units of different sizes will be occupied by households of different optimum sizes as follows:

0 bedroom	1 person
1 bedroom	2 persons
2 bedrooms	3 persons
3 bedrooms	5 persons

Sales prices shall be considered affordable where the household purchasing the unit will not spend more than twenty-eight (28%) percent of gross household income for mortgage payments, property taxes, insurance, and homeowners association fees, if any. In making these calculations, the following considerations shall govern:

Mortgage payments shall be determined on the basis of a thirty (30) year fixed rate mortgage at interest rates realistically obtainable from at least two (2) major lenders active in Essex County.

Property taxes shall be determined by applying the equalized property tax rate in Roseland Borough currently in effect to the proposed selling price of the units.

The developer shall use the best available assumptions to determine the insurance and homeowners association fees to be applied to the units.

Rental prices shall be considered affordable where the household renting the unit will not spend more than thirty (30%) percent of gross household income for rent, excluding utilities. Maximum rent shall be calculated as a percentage of the uncapped Section 8 income limit or other recognized standard adopted by the COAH that applies to the rental housing unit.

The Administrative Agent shall submit all prices, including (where applicable) the proposed stratification, proposed affordability level, and documentation for all elements as set forth above to the Council which may modify the prices where necessary to comply with this rule. No representation with respect to the price of any low- and moderate-income unit may be made by the Administrative Agent until that price has been approved by the Council.

[Amended 7-16-2019 by Ord. No. 13-2019]

Procedure for resale transaction.

[Amended 7-16-2019 by Ord. No. 13-2019]

All resale transactions of affordable housing units shall be administered by the Administrative Agent. From the date on which the Administrative Agent receives a notice of intent to sell by the owner of a low- and moderate-income unit, the Borough shall have the exclusive right to purchase the unit or to refer prospective purchasers to that unit for a period of 90 days unless waived in writing by the Council. In the event that a contract for the unit is executed within the ninety-day period set above and the prospective buyer is unable to close, the period during which the Administrative Agent shall have the exclusive right to market the unit is automatically extended for a period of 21 days from the date it is notified of the buyer's inability to close.

In the event that no contract has been entered into for the unit at the end of a ninety-day period, the owner of the unit may seek approval to sell the unit directly. The Borough may choose not to purchase the unit only if, in its judgment, there is no purchaser willing to pay the resale price as determined here. If the Borough chooses at that point not to purchase the unit, it shall authorize the applicant to sell the unit as follows unless it determines that the failure to enter into a contract was the result of negligence, absence of good faith effort or lack of cooperation on the part of the seller:

In the case of a low income unit, to a low income buyer (unless sale to a moderate income buyer would not cause low income owners to be less than fifty (50%) percent of all low- and moderate-income owners in the Borough of Roseland) or

In the case of a moderate income unit, to a low- or moderate-income buyer.

Any subsequent sales shall be fully subject to the resale restrictions contained in these regulations. The deed to the above income purchaser shall specifically contain a deed restriction establishing that it is subject to all such controls.

Calculation of Resale Price. The resale price of the unit shall be the base price increased pursuant to paragraph n1 and n2, less any reductions pursuant to paragraph n3 herein.

Percentage increase in household income. The price approved by the Administrative Agent at which the seller acquired the property shall be the base price. The base price shall be multiplied by 100 plus the percentage increase in the H.U.D. uncapped median income by family size for the P.M.S.A. in which Roseland Borough is located from the time of acquisition of the property to the date that notice of intent to sell is given to the Administrative Agent divided by 100. For example, if the base price is $30,000 and the median income at the time of the acquisition is $32,000 and at the time of the resale transaction has increased 25% to $40,000 then the resale price is as follows:

100/1 ± 25/100 = 1.25

$30,000 x 1.25 = $37,500

[Amended 7-16-2019 by Ord. No. 13-2019]

Improvements. In addition, the seller shall be entitled to add to the selling price of the unit the cost of an eligible capital improvement which, pursuant to N.J.A.C. 5:92-12.8, renders the unit suitable for a larger household.

Upon request of an owner of a low- or moderate-income unit, the Administrative Agent shall consider within 30 days whether to grant prior approval of any improvement and to approve a specific dollar amount up to the amount actually expended for that improvement.

[Amended 7-16-2019 by Ord. No. 13-2019]

Deductions for repairs made necessary by owner. The Administrative Agent shall upon notice from the owner of an intent to sell have an inspection of the unit made. In the event that, as a result of the inspection, the Administrative Agent determines that the unit is in need of substantial repairs with respect to plumbing, heating, roof, electrical, structural or foundation defects or that the unit has been left in an infested condition, the Administrative Agent shall submit in writing to the owner a list of violations and/or necessary repairs. The estimated cost of any required repair or improvement not completed by the owner prior to the date of closing shall be deducted from the resale price, and the cost to complete these repairs shall be then placed in an escrow account to cover the cost of the repairs.

[Amended 7-16-2019 by Ord. No. 13-2019]

If the seller elects to retain his own attorney, that fee shall be borne by him.

Exempt sales. The following transactions shall not be deemed sales for the purpose of these regulations and the owner of the unit may receive a statement of exemption from the Administrative Agent. Transfer of ownership of an affordable sales unit between husband and wife or between a former husband and wife as the result of a judicial decree of divorce; this shall not include a sale to a third party as a result of divorce. A grant of exemption shall not eliminate the resale control restriction set forth in these regulations. Any subsequent sale shall be subject to all of the terms of these regulations.

[Amended 7-16-2019 by Ord. No. 13-2019]

Rental increases. All rerental transactions shall be administered by the Administrative Agent. The rents of affordable housing units may increase annually based on the percentage increase in median income for each housing region as determined from the uncapped Section 8. income limits, published by HUD, or other recognized standard adopted by the COAH that applies to the rental housing unit.

[Amended 7-16-2019 by Ord. No. 13-2019]

Repairs. Repairs may be performed after review and approval by the Administrative Agent.

[Amended 7-16-2019 by Ord. No. 13-2019]

Rental of low- and moderate-income sales unit. No owner of a lower-income unit may lease the unit to another without prior written approval of the Administrative Agent which shall not be granted except when justified by particular and unusual circumstances. Any owner seeking such approval shall submit a written request to the Administrative Agent setting forth the particular circumstances of the case including the reasons for the request to rent and the proposed duration of the tenancy. In the event the Administrative Agent approves the request, it shall notify the owner of the unit. The owner shall rent the unit only to a qualified low- or moderate-income tenant for the period approved by the Administrative Agent at a rent affordable to a low- or moderate-income tenant, whichever is applicable. If such permission is granted, the running of time for duration of controls as defined in § 30-404.2u below shall be suspended.

[Amended 7-16-2019 by Ord. No. 13-2019]

Conversion of Rental Units to Sales Units. Rental units may be converted for sale as condominium or fee simple units, but any sale of converted units shall continue to be restricted to persons meeting the income eligibility standards as set for the particular unit until the end of the restriction period set forth in paragraph v. below, unless COAH otherwise requires.

Exemption from Rent Control Ordinances. All rental units, both market and lower income, shall not be subject to any rent control ordinance which may be adopted in the Borough of Roseland during the time period in which affordable housing price controls are effective.

Duration of Controls. Except as otherwise provided in these regulations, all units subject to the provisions of this Article shall be subject to resale and rental controls for a period of twenty (20) years from the date of acquisition of the unit by any purchaser or lessee except as provided in paragraph r. above. Rehabilitation units shall be subject to affordability controls for at least ten (10) years.

All lower income dwelling units shall be covered by covenant to ensure that in all initial sales and rentals, and in all subsequent resales and rerentals, the units will continue to remain available and affordable to the lower income households for which they were intended for the period specified in this subsection in accordance with the requirements and standards established by COAH.

Expiration of controls. At the end of any twenty-year period (or ten-year period for rehabilitated units) of controls, the low- and moderate-income restrictions established in these regulations shall expire except as provided herein. In the event of the first sale of a low- and moderate-income unit after the controls expire, the unit may be sold to any purchaser at fair market value. However, at closing, 90% of the difference between the fair market value of the unit at the time of closing and the price at which the unit could be sold if it were subject to resale controls shall be paid to the Borough; the funds received by the Borough shall be dedicated by the Borough solely for the purpose of promotion of low- and moderate-income housing. The Borough may retain an appraiser to determine whether the unit is in fact being sold for fair market value. The municipality shall have the right to extend the affordability controls for a period of 30 years, or until released by the Borough of Roseland, whichever is later, in accordance with the rules of the Council on Affordable Housing and the Housing and Mortgage Finance Agency, by way of adoption of a resolution extending the affordability controls.

For example, if the unit could be sold for $60,000 subject to the resale controls and the fair market value is $110,000, the difference is $50,000. Ninety percent of $50,000 equals $45,000. This payment shall be paid to the Borough on the day of closing of the first sale after the resale controls expire.

[Amended 7-16-2019 by Ord. No. 13-2019]

Foreclosure. Any mortgage for a low- and moderate-income unit shall contain a provision requiring the holder of a mortgage on the property to inform the Borough at any time that the purchaser of a unit is 45 days or more in arrears on payment of his mortgage payments. The Borough shall further be notified by the mortgagee in the event of institution of a foreclosure action.

The Borough shall at all times have the right to intervene in any foreclosure action. In addition, the Borough shall have the right to advance and pay all sums necessary to cure any arrears, to cure any other default or exercise any right of redemption or pay and satisfy any first mortgage or other lien so that the unit may be preserved and retained as a low- and moderate-income unit. All sums advanced by the Borough shall become a lien against the unit and shall have a higher priority than any lien except that of a first mortgage and tax or other liens held by any government agencies. The Borough is required to advance and pay all sums necessary to cure any default or exercise any right of redemption unless in its judgment there is no other purchaser willing to pay the resale price as determined in § 303-404.2o above.

[Amended 7-16-2019 by Ord. No. 13-2019]

Foreclosure exemption from resale controls. In the event of a foreclosure by an institutional first mortgagee, the unit shall be exempt from all further resale restrictions provided that the following conditions have been satisfied:

[Amended 7-16-2019 by Ord. No. 13-2019]

The first mortgage did not exceed 100% of the authorized sales price of the unit by the current occupant (unless written authorization was given by the Borough for the owner to enter into a mortgage for a higher amount).

The Borough has been given both notice of the default by the mortgagee, as well as notice of the institution of foreclosure. In addition, the Borough has not exercised its rights to cure the default.

The lender who is the foreclosing mortgagee is the successful bidder at a sheriff's sale and takes title by deed from the sheriff; or the Borough has given written approval for a deed in lieu of foreclosure.

Second mortgages. No second mortgage shall be placed upon the property without the prior written approval of the Borough. The sum of the first and second mortgage shall not exceed 95% of the resale value of the unit provided herein. In determining whether to grant an approval for the second mortgage, the Borough shall consider the need for the second mortgage and the impact that the second mortgage shall have upon the ability of the Borough to maintain this unit as a low- and moderate-income unit. Under no circumstances shall a foreclosure of a second mortgage constitute grounds for eliminating the resale controls provided for in this regulation. Prior written approval shall be denied unless second mortgages are specifically authorized by the COAH regulations and the application is consistent with those regulations.

[Amended 7-16-2019 by Ord. No. 13-2019]

Sale of Personal Items. Items of personal property which are not permanently affixed to the unit (e.g. refrigerator, freezer, washer, dryer) and which are not included when the unit was purchased may be the subject of separate negotiations between the parties subsequent to the signing of the contract for the purchase of the house. Any agreed price for the purchase of any item or items of personal property shall be reasonable considering the original cost, nature, age and condition of the item. The price to be paid for items of personal property shall not be used as a mechanism to avoid or circumvent the limitations on the resale price of the unit itself. In no event shall the right to purchase the unit be conditioned upon the buyer's willingness to agree to purchase any item or items of personal properties of the seller.

aa.

Certificate of occupancy. No certificate of occupancy for a low- or moderate-income unit shall be issued until the developer shall have submitted and have approved by the Borough Attorney, a deed restriction encompassing all the provisions of these regulations.

No certificate of occupancy shall be issued for a resale unit unless the Administrative Agent shall certify that the resale complies with the terms of these regulations.

No low- and moderate-income unit may be occupied by an initial purchaser or resale purchaser without a certificate of occupancy.

[Amended 7-16-2019 by Ord. No. 13-2019]

bb.

Affirmative marketing. The Administrative Agent shall develop and implement an affirmative marketing program for affordable housing units that shall include the following:

[Amended 7-16-2019 by Ord. No. 13-2019]

An announcement that specifies eligibility requirements, and a request for application for low- and moderate-income units shall be placed in the following newspapers:

The Star Ledger

The Progress

Newspaper articles announcing the availability of low- and moderate-income housing units shall be submitted to the foregoing newspapers.

The availability and eligibility requirements of low- and moderate-income housing shall be announced to the Essex County Division of Housing and Community Development, the Essex County Division of Welfare, the Essex County Division on Aging, local church groups and other appropriate local and areawide groups and the cable television local access channel.

The purchase and rental of affordable housing units shall be prioritized as per paragraph j. above.

The marketing program will commence at least ninety (90) days before issuance of either temporary or permanent certificates of occupancy and shall continue until all low- and moderate-income housing units are under contract of sale and/or lease.

cc.

Waiver. In the event of a special hardship or in the event that a minor technical modification of these regulations is necessary to effectively implement the policy of this subsection, the Administrative Agent, after consultation with the Council, may waive or modify those regulations relating to occupancy selection, sale or resale prices, or income eligibility standards provided that such waiver of modification is (a) consistent with the intent of these regulations and the Development Regulations; and (b) does not violate the COAH policy, regulations or statute.

[Amended 7-16-2019 by Ord. No. 13-2019]

dd.

Regional Contribution Agreement (RCA). In the event that the Borough enters into a Regional Contribution Agreement (RCA) with another municipality for the transfer to that municipality of any portion of its precredited fair share housing obligation, the number of market units to be constructed in a development from which units are transferred may be increased by the number of low- and moderate-income units so transferred provided that there is a written agreement allowing this between the Borough and the developer.

ee.

Funding. In any inclusionary development, the developer shall be responsible to pay a pro rata share of all affordable housing related costs incurred by the Borough, including, but not limited to, administrative costs, overhead, legal fees and all other costs. These responsibilities for payment, at the discretion of the Mayor and Council, may be included in any payments made by the developer pursuant to a developer's agreement, or otherwise, for affordable housing purposes; provided however that no credit shall be given for payments made pursuant to a developer's agreement, for costs associated with administering initial and subsequent sales or other dispositions of affordable units. The pro rata share of payment due from the developer shall be based on the ratio between the total number of affordable units designated to be built in the affordable housing zone of a developer and the total number of affordable housing units designated to be built in all affordable zones in the Borough.

ff.

In the event of any inconsistencies between regulations contained within this subsection and any other regulations contained within the Land Development Ordinance, the regulations set forth in this subsection shall prevail.

§ 30-404.3 B-1, B-2 Business Zone.

[Ord. No. 20-1993; Ord. No. 23-1997 § II; Ord. No. 13-2000; Ord. No. 6-2001 § XI; Ord No. 21-2003; Ord. No. 07-2017 § 2]

Permitted Principal Uses.

Retail sales and services with the exception that convenience stores are permitted in the B-2 Business Zone only and are permitted as a conditional use in the B-1 Business Zone only.

[Ord. No. 07-2017 § 2]

Business and professional offices.

In the B-1 Business Zone only, all uses as permitted in the R-4 Residential Zone, provided that such use shall meet the greater (more restrictive) of the lot and yard requirements of the R-4 Residential Zone or B-1 Business Zone.

Traditional full service restaurants. No restaurant of any kind shall include drive-in or drive-through service; ordering and pickup of food shall not be permitted to take place from a vehicle, nor shall exterior playgrounds or play areas be permitted. For the purposes of this chapter, a bar or tavern shall be considered a restaurant. A snack bar at a public or a nonprofit playground playfield, park, or swimming club, maintained solely by the agency or group operating the recreational facilities and for the sole use of the patrons of the facility, shall not be deemed to be a restaurant.

Fast-service restaurants, B-1 Zone only.

Fast service restaurants shall be permitted only as an integral part of a retail complex, such as a strip center or shopping center, and shall not be a freestanding or stand alone use. The floor area of a fast service restaurant, in combination with all other restaurant uses, shall not exceed twenty (20%) percent of the gross floor area of the retail complex.

Off-Street Parking. Off-street parking for a retail center containing any fast-service restaurant use shall be provided at a rate of six (6) parking spaces per one thousand (1,000) square feet of gross floor area of the entire retail center.

No restaurant of any kind shall include drive-in or drive-through service; ordering and pickup of food shall not be permitted to take place from a vehicle, nor shall exterior playgrounds or play areas be permitted.

[Ord. No. 07-2017 § 2]

Banks.

Clubs, lodges, and fraternal, civic and charitable organizations.

Child care centers. Where the child care center is provided as an accessory to other uses on the same premises, the space it occupies will be exempt from any parking or density calculations required by this chapter.

Permitted Accessory Uses and Structures.

Off-street parking and other accessory uses customarily incidental to the permitted principal use.

Apartments above the first floor, in the B-1 Zone only.

Permitted Conditional Uses.

Church or other place of worship.

Public and private schools.

Municipal uses.

Board of education uses.

Public utility facilities.

Profit-making private schools and trade schools.

Public garages and gasoline service stations.

Fast service restaurants, B-2 Zone only.

Wireless telecommunication antennas and equipment, in the B-2 Zone only.

Convenience stores in the B-1 Zone.

[Ord. No. 07-2017]

Lot, Yard and Height Regulations. See Schedule I.

Editor's Note: Schedule I, referred to herein, may be found at the end of this chapter.

General Provisions.

Permitted principal buildings shall not be erected closer than fifty (50) feet to any other principal building situated on the same lot.

Curbed pedestrian walks, not less than ten (10) feet wide, shall be provided along the entire length of any wall of stores which contain public entrance or exit ways and/or display windows.

Emergency Provision for the B-1 Zone to Temporarily Operate in the RM Zone. At such time as the Mayor of the Borough, with the advice and consent of two-thirds (2/3) of the Council members present, formally, proclaims that in the judgment of the Mayor and Council an emergency condition exists to structures caused by fire, explosion, act of God, or the like resulting in the temporary closure of a retail business or businesses located in a B-1 Zone, the Council herewith determines as a matter of public policy that while such structures are being repaired and restored said retail business or businesses may temporarily operate in a RM Zone for a period not to exceed six (6) months from the date of the commencement of such emergency condition, which time may be extended for up to an additional six (6) months if the Construction Official determines that the structures in the B-1 Zone are being repaired and restored in a timely and diligent manner.

§ 30-404.4 OB-1, OB-2, OB-3 Office Building Zones.

[Ord. No. 20-1997; Ord. No. 13-2000; Ord. No. 6-2001 § XII]

Permitted Principal Uses.

Offices for professional or business use, including executive, engineering, accounting, scientific, research and development, statistical and financial purposes.

Laboratories, devoted exclusively to research, product development and testing, engineering development and sales development.

Clubs, lodges, and fraternal, civic and charitable organizations.

Permitted Accessory Uses and Structures.

Off-street parking and other accessory uses customarily incidental to the permitted principal use, including garages for storage of company motor vehicles; parking facilities; maintenance and utility shops for the upkeep and repair of buildings and structures on the site and equipment used on the site; central heating and power plants for furnishing heat and energy to structures on the site only, water, drainage, sewerage, fire protection and other utility facilities; educational facilities for training and study connected with the operation and activities of the owner or tenant; buildings for storage of documents, records, testing research and experimental equipment; communication facilities including antenna masts; clinics; cafeterias, sundry shops for the retail sale of articles to trainees and employees limited to one thousand five hundred (1,500) square feet of gross floor area; recreational facilities; living quarters for custodians or caretakers.

Banks, contained totally within the permitted principal use.

Permitted Conditional Uses.

Church or other place of worship.

Public and private trade schools.

Municipal uses.

Board of Education uses.

Public utility facilities.

Profit-making private schools and trade schools.

Nursing homes in OB-2 and OB-3 Zones only.

Eating clubs.

Wireless telecommunication antennas and equipment.

Lot, Yard and Height Regulations. See Schedule I.

Editor's Note: Schedule I, referred to herein, may be found in the Appendix located at the end of this chapter.

§ 30-404.5 Research/Manufacturing (R/M) Zone.

[Ord. No. 20-1993; Ord. No. 13-2000; Ord. No. 6-2001 §§ XIII, XIV; Ord. No. 8a-2004 § III; Ord. No. 16-2011]

Permitted Principal Uses.

Research laboratories.

Limited manufacturing, assembly and light industrial operations.

Clubs, lodges, and fraternal, civic and charitable organizations, as regulated in the OB-3 Zone District.

Offices for professional or business use, including executive, engineering, accounting, statistical and financial purposes, provided that such office use(s) shall be limited to a maximum of twenty (20%) percent of the total floor area of a building(s) on a site and shall not exceed a total of twenty-five thousand (25,000) square feet. Such calculation shall exclude office space ancillary to a research or manufacturing use; however, such ancillary office space shall not exceed twenty (20%) percent of the gross floor area of the research or manufacturing use.

Child care centers. Where the child care center is provided as an accessory to other uses on the some premises, the space it occupies will be exempt from any parking or density calculations required by this chapter.

Permitted Accessory Uses and Structures.

Office space, accessory to a permitted principal use.

Accessory storage, limited to goods and materials necessary for and related to the principal use, within a wholly enclosed permanent building.

Off-street parking and loading, facilities and other customary buildings and uses accessory to the permitted principal use or building.

Permitted Conditional Uses.

Self-storage facility.

Public and private trade schools.

Municipal uses.

Public passive and active outdoor recreational facilities.

Neighborhood shopping centers.

Board of Education uses.

Public utility facilities.

Public garages or gasoline service stations.

Wireless telecommunication antennas and equipment.

Shopping centers.

Multi-Family Housing.

Lot, Yard and Height Regulations. See Schedule I.

Editor's Note: Schedule I, referred to herein, may be found in the Appendix located at the end of this chapter.

Performance Standards.

Screening, landscaping or fencing shall be provided along the property lines of the tract, adjacent to any residential zone or residential use, in accordance with subsection 30-403.9 and Section 30-516.

Compliance with Section 30-505 and all applicable State and Federal environmental regulations, including air quality, water quality, noise, radiation, hazardous waste storage, handling and disposal, site clean-up and past pollution remediation.

Truck arrivals and departures and unloading and loading activities on site shall be limited to weekday daytime hours, between 8:00 a.m. and 6:00 p.m. Trucks on-site overnight shall be parked in designated, approved parking areas and shall not be left running. Truck arrivals and departures should be scheduled, to the extent possible, for off peak traffic times.

§ 30-404.6 C Conservation and C-R Conservation-Recreation Zone.

[Ord. No. 13-2000; Ord. No. 6-2001 § XV]

Permitted Principal Uses.

Outdoor commercial and noncommercial recreational uses; including horseback riding and jumping schools, bridle trails, hiking and nature trails, bicycle paths, picnicking, camping, field trails for dogs, wild life preserves, archery, tennis, ice skating, bird watching, ecology, nature classes, parks and playgrounds, and other recreational uses not inconsistent with the foregoing. In the C-R Zone only tennis courts, golf courses, miniature golf courses, commercial and noncommercial swim club.

These activities shall take place in designated areas only and are subject to all other applicable regulations.

Permitted Accessory Uses. None.

Permitted Conditional Uses.

In the C-R Zone only:

Municipal uses.

Board of Education uses.

In the C Zone only:

Wireless telecommunication antennas, telecommunication towers and equipment compounds.

Lot, yard and height regulations. See Schedule I.[1]

[1]

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

General provisions.

Suitable screening, landscaping or fencing shall be provided along the boundaries of any outdoor athletic or recreation areas to protect adjacent properties from physical damage, noise, excessive light and to shield any adjacent area from the activities conducted on such areas.

Improvements shall be designed to result in the minimal degradation of and risk to unique or irreplaceable land types, historical or archaeological areas, and existing scenic and aesthetic attributes of the site.

§ 30-404.7 Prohibited Use – All Zones.

[Added 9-17-2017 by Ord. No. 20-2019]

No land or building in any zoning district within the Borough of Roseland shall be used or allowed to be used for the retail sale of or service of electronic smoking devices, liquid electronic smoking solutions, liquid electronic smoking containers or vapor products.

§ 30-404.8 Prohibited Use: Marijuana – All Zones.

[Added 10-15-2019 by Ord. No. 24-2019]

Retail or wholesale establishments, businesses, persons or entities (i) selling or offering for sale (a) marijuana or marijuana products, whether for medicinal and/or recreational use, or (b) paraphernalia that facilitates any use of marijuana, including, but not limited to, inhalation, ingestion or injection of any substance which contains or is derived from marijuana; and/or (ii) growing, cultivating or harvesting any type of marijuana plant, including, but not limited to, cannabis stiva, cannabis indica, and cannabis ruderalis, are prohibited in all zones within the Borough of Roseland.

§ 30-404.9 R-10/AH-4 Affordable Housing Zone.

[Added 5-19-2020 by Ord. No. 10-2020]

Permitted Principal Uses and Densities. Properties in the R-10/AH-4 District may be developed for townhouses and apartments subject to the following requirements and limitations:

In the R-10/AH-4 District, properties may be developed for townhouses and apartments at a maximum development yield of 211 housing units. Not less than 32 housing units shall be designated for occupancy by very-low-, low- and moderate income households. The units designated for very-low-, low- and moderate-income households shall be in the multifamily buildings. All affordable units shall comply with the Borough's Affordable Housing Ordinance, the Uniform Housing Affordability Controls ("UHAC"), applicable COAH affordable housing regulations including, but not limited to, phasing requirements, any applicable order of the Court, and other applicable laws.

Permitted Accessory Uses. The following accessory uses are permitted in the R-10/AH-4 District:

Private garages.

Buildings for storage of maintenance equipment.

Off-street parking as regulated by § 30-520 of the Borough Code.

Signs in accordance with Subsection 30-403.17.

Private recreation buildings and facilities, including swimming pools, intended for use by residents of the premises.

Electric automobile charging stations shall be provided.

Required Conditions. The following zoning standards shall apply to development in the R-10/AH-4 District:

Minimum lot area: 18 acres.

NOTE: A tract may be subdivided to accommodate the construction of a townhome condominium development which shall otherwise conform to the requirements set forth in the R-10/AH-4 Affordable Housing Zone. The area of the new lot shall not be less than five acres. The bulk standards shall be based on the entire tract.

Minimum setback from public streets: 40 feet.

Minimum setback from tract boundary: 50 feet.

Maximum building coverage: 20% of site.

Maximum height of building: No multifamily building shall exceed four stories. No townhome building shall exceed three stories.

Parking: Adequate provision shall be made for off-street parking in accordance with § 30-520.

Low- and Moderate-Income Housing Units: In the R-10/AH-4 District, low- and moderate-income housing units shall be interspersed with market-rate apartment units. No townhouse building shall contain very-low-, low- and moderate-income housing units. All affordable units shall comply with the Borough's Affordable Housing Ordinance, the Uniform Housing Affordability Controls ("UHAC"), applicable COAR affordable housing regulations including but not limited to phasing requirements, any applicable order of the Court, and other applicable laws.

Minimum Distances Between Buildings. There shall be a minimum distance between dwelling structures as provided in the following schedule:

	Minimum at any
Front facing front	50 feet
Front facing rear	50 feet
Front facing side	25 feet
Rear facing rear	50 feet
Rear facing side	20
Side facing side	20

Accessory Buildings.

Setbacks. Accessory buildings shall meet the street and property line setbacks of the principal building. Swimming pools, tennis courts and other surfaced recreation facilities shall be at least 100 feet from a residential property line and at least 50 feet from any other property line.

Height. The maximum height of an accessory building shall be 16 feet. Clubhouses shall be governed by height limitations for principal buildings.

Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.

Open Space. Exclusive of internal roadways and parking areas, there shall be provided a minimum of 15% of the entire tract for common open space.

§ 30-404.10 R-11/AH-5 Affordable Housing Zone.

[Added 5-19-2020 by Ord. No. 09-2020]

Permitted Principal Uses and Densities. Properties in the R-11/AH-5 District may be developed for age-restricted apartments subject to the following requirements and limitations:

In the R-11/AH-5 District, properties may be developed for age-restricted apartments (in accordance with NJAC 5:80-26.1 et. seq.) at a maximum density of 12.5 housing units per acre. Not less than 12 housing units shall be designated for occupancy by very-low-, low- and moderate-income households. The units designated for very-low-, low- and moderate-income shall be in a multifamily, age-restricted building. All affordable units shall comply with the Borough's Affordable Housing Ordinance, the Uniform Housing Affordability Controls ("UHAC"), applicable COAH affordable housing regulations including, but not limited to, phasing requirements, any applicable order of the Court, and other applicable laws.

Permitted Accessory Uses. The following accessory uses are permitted in the R-11/AH-5 District:

Private garages.

Buildings for storage of maintenance equipment.

Off-street parking.

Signs in accordance with Subsection 30-403.17.

Private recreation facilities, including swimming pools, intended for use by residents of the premises.

Electric automobile charging stations shall be provided.

Common outdoor public and private spaces.

Required Conditions. The following zoning standards shall apply to development in the R-10/AH-5 District:

Minimum lot area: four acres.

Maximum tract density: 12.5 units per acre.

Minimum percentage of affordable units: 18%.

Minimum front yard building setback: 50 feet.

Minimum side yard building setback: 35 feet.

Minimum rear yard building setback: 35 feet.

Minimum setback from tract boundary: 35 feet.

Minimum building setback from public roads: 45 feet.

Maximum impervious coverage: 70% of the site.

Maximum building coverage: 20% of the site.

Maximum height of building: three stories/45 feet.

Parking: Adequate provision shall be made for off-street parking in accordance with the State's Residential Site Improvement Standards (R.S.I.S.).

Very-Low-, Low- and Moderate-Income Housing Units: In the R-11/AH-5 District, very-low-, low- and moderate-income housing units shall be interspersed with market-rate apartment units. All affordable units shall comply with the Borough's Affordable Housing Ordinance, the UHAC, applicable COAH affordable housing regulations including, but not limited to, phasing requirements, any applicable order of the Court, and other applicable laws.

Accessory Buildings.

Setbacks. Accessory buildings shall meet the street and property line setbacks of the principal building. Swimming pools, tennis courts and other surfaced recreation facilities shall likewise meet the street and property line setbacks of the principal building.

Height. The maximum height of an accessory building shall be 16 feet. Clubhouses shall be governed by height limitations for principal buildings.

Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.

Open Space. Exclusive of internal roadways and parking areas, there shall be provided a minimum of 15% of the entire tract for common open space.

§ 30-404.11 R-12/AH-6 Affordable Housing Zone.

[Added 5-19-2020 by Ord. No. 08-2020]

Permitted Principal Uses and Densities. Properties in the R-12/AH-6 District may be developed with inclusionary housing subject to the following requirements and limitations:

In the R-12/AH-6 District, properties may be developed for townhouses and age-restricted multifamily apartments at a maximum development yield of 108 market-rate stacked townhouse units and a thirty-unit age-restricted multifamily affordable housing building (22% set aside), for a total of 138 dwelling units. Not less than 30 housing units shall be designated for occupancy by very-low-, low- and moderate-income households. The units designated for very-low-, low- and moderate-income households shall be in the multifamily buildings. All affordable units shall comply with the Borough's Affordable Housing Ordinance, the Uniform Housing Affordability Controls ("UHAC"), applicable COAH affordable housing regulations including but not limited to phasing requirements, any applicable order of the Court, and other applicable laws.

Permitted accessory uses.

Parking areas and lots as required by Chapter 30;

Loading areas as required by Chapter 30;

Landscaping as permitted by Chapter 30, except that the Planning Board may grant waivers from §§ 30-403.9 and 30-516.3;

Signage as permitted by Chapter 30, except that, notwithstanding § 30-403.17c7 and 8, a temporary sales sign not to exceed 32 square feet in area shall be permitted until the date of issuance of the first certificate of occupancy for the inclusionary development, and except that, notwithstanding § 30-403.17f2, a permanent entry sign not to exceed 32 square feet in area shall be permitted;

Refuse and recycling enclosures as regulated by Chapter 30;

Satellite antennae as regulated by Chapter 30 and/or federal law;

Fences and walls as regulated by Chapter 30, except that retaining walls may be higher than six feet, subject to review and approval by the Borough Engineer;

Driveways and utilities as regulated by Chapter 30;

Private attached garages to be used by occupants of the inclusionary housing development in this zone;

Trailers as regulated by Chapter 30, except that, notwithstanding § 30-403.12, temporary sales trailers shall be permitted until the date of issuance of the first certificate of occupancy for the inclusionary development, and temporary construction trailers shall be permitted until the date of issuance of the final certificate of occupancy for the inclusionary development; and

ASSISTED-LIVING/INDEPENDENT-LIVING/MEMORY-CARE FACILITY

Any other customarily incidental accessory use, as determined by the Planning Board.

Required Conditions. The following zoning standards shall apply to development in the R-12/AH-6 District:

Minimum lot area shall be two acres.

Minimum lot width shall be 75 feet.

Maximum gross residential density for the R-12/AH-6 District shall be 14 dwelling units per acre and the maximum amount of total dwelling units shall not exceed 138 dwelling units.

Minimum front, rear and side yards from a lot boundary line for permitted principal and accessory uses shall be 10 feet.

Maximum impervious coverage is 75%.

Maximum height for principal structures shall be 3 1/2 stories or 55 feet.

Maximum Building Length: Each stacked townhome dwelling building shall not exceed 225 feet in length.

The market-rate dwelling units may be located on a separate lot from the affordable dwelling units.

Parking requirements.

Although parking is governed by the Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq., the Borough of Roseland recognizes that, due to local conditions, an alternative parking standard of one space per residential unit (for a total of 138 parking spaces) is appropriate for the inclusionary development on the property, in accordance with N.J.A.C. 5:21-4.1(c).

§ 30-404.12 R-13/AH-7 Affordable Housing Zone.

[Added 2-16-2021 by Ord. No. 06-2021]

Applicability. The following standards shall apply to development within the R-13/AH-7 Affordable Housing Zone. Various exceptions from certain provisions of Chapter 30, Land Development, of the Roseland Borough Code as applied to the R-13/AH-7 Affordable Housing Zone are indicated herein. No overlay zoning shall apply to the tract. Sections 30-520.1 and 20-5b2(h) of the Borough Code shall not apply to permitted uses in the R-13/AH-7 Affordable Housing Zone.

Definitions. The definitions provided in § 30-202, Chapter 30, Article II, of the Borough of Roseland Code shall apply in the R-13/AH-7 Affordable Housing Zone, except as provided herein. The following definitions shall apply only within the R-13/AH-7 Affordable Housing Zone, shall supplement any nonconflicting definitions within Chapter 30 of the Borough Code, and shall supersede any conflicting definitions in the Borough Code:

AFFORDABLE APARTMENT

A dwelling unit located on one or more floors of a building containing similar units, adjoining said similar units above, below or to the side, which units may share in common facilities, such as entryways, hallways, and utility systems affordable to very-low-income, low-income or moderate-income households. Affordable apartments shall not be senior citizen housing. All affordable apartments shall comply with the Borough's Affordable Housing Ordinance, the Uniform Housing Affordability Controls ("UHAC"), applicable COAH affordable housing regulations, including, but not limited to, phasing requirements, any applicable order of the Court, and other applicable laws.

A housing development which is a facility providing apartment-style housing and congregate dining and to assure that memory-care and/or assisted-living services are available when needed. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance assisted-living/independent-living/memory-care facilities may include assisted-living apartments, memory-care apartments and/or independent senior citizen housing apartments. Assisted-living/independent-living/memory-care facilities may include amenities to serve residents, including a fitness center and/or classes, gym, day spa, salon, barber, indoor and outdoor sale of food and beverages, including alcohol, retail sale of pantry and pharmacy items, and/or membership sales office. Assisted-living/independent-living/memory-care facilities are not subject to the dwelling unit mix requirements of § 30-504.3.

ASSISTED-LIVING/INDEPENDENT-LIVING/MEMORY-CARE UNIT

A dwelling unit containing one or two beds in one or two rooms, with a lockable door on the unit entrance.

Application requirements.

Any application for development for any portion or the entirety of the R-13/AH-7 Affordable Housing Zone shall be submitted in accordance with the requirements of Articles III, VI, and VIII of Chapter 30 of the Borough of Roseland Code, except as provided herein. Consistent with N.J.A.C. 5:93-10.1(b), no unnecessary cost generative requirements shall apply to any development of permitted uses within the R-13/AH-7 Affordable Housing Zone, including, but not limited to, the requirements of §§ 30-302.3, 30-302.4, 30-307.3a(20), 30-307.3a(37), 30-308.4, 30-308.9, and 30-309.4f of the Borough of Roseland Code. Applicants shall not be required to submit materials pursuant to §§ 30-311.2d1(f) and (g), 30-311.2d2 through 4, or 30-509.4 if such materials have not yet been prepared by the applicants or to the extent comparable information has been depicted on the applicants' site plans or architectural plans, and the Planning Board may condition approval upon the submission of such materials. For R-13/AH-7 tracts, the standards for off-tract development contributions provided by N.J.S.A. 40:55D-42 shall supersede and replace the requirements of §§ 30-310 through 30-310.4 of the Borough of Roseland Code.

Notwithstanding § 30-702.3, the initial escrow fee due at the time of initial filing of an application for development in the R-13/AH-7 Affordable Housing Zone shall be $15,000, to be replenished by the applicant as required by the Borough.

For the avoidance of doubt, development of principal permitted uses in the R-13/AH-7 Affordable Housing Zone shall constitute an affordable housing development and be exempt from payment of development fees pursuant to Chapter 30, Article X and/or § 30-1004 of the Borough Code. Other than the affordable housing set-aside standard specified for the R-13/AH-7 tract by the Borough Fair Share Plan and Housing Plan Element, no affordable housing set-aside shall be applied to the assisted-living/independent-living/memory-care facility.

It is the intent of this subsection for the Planning Board to expedite its review of any application for development submitted for this overlay zone within the time frames established under N.J.S.A. 40:55D-1 et seq. Notwithstanding §§ 30-303, 30-311.1, and 30-311.3b, the Planning Board may simultaneously consider waiver requests and an application for development at a single meeting, if so requested by an applicant. To that end, notwithstanding § 30-305.5, an application may be deemed complete despite the pendency of an applicant's waiver request. Section 30-305.5b shall not apply to any application conforming with the R-13/AH-7 Zone requirements. A conforming application shall not be expected to submit a sketch plan or conceptual site plan for review by the Planning Board pursuant to § 30-306.

Application may be made simultaneously for preliminary and final major or minor subdivision and/or major or minor site plan approval. In the event application for preliminary and final approval is made simultaneously, §§ 30-307.1, 30-307.5b through 30-307.8, 30-308.3, 30-308.5, 30-309.2, 30-309.3, 30-311.2c5, d10 and d11 shall not apply to such applications; however, these provisions shall apply for applications seeking only preliminary approval.

Sections 30-308.6, 30-308.7 and 30-308.12 shall not apply. Instead, the applicant shall provide a performance guarantee and maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

Notwithstanding § 30-403.19, the front, side, and rear yards for the tract shall be as follows:

All yards abutting any street shall be construed as front yards and shall be subject to the front yard setback requirements.

The property line opposite and parallel to Livingston Avenue shall be the side lot line and shall be subject to the side yard setback requirements.

The property line opposite and parallel to Becker Farm Road shall be the rear lot line and shall be subject to the rear yard setback requirements.

Permitted principal uses and densities. No building, structure, or premises in the R-13/AH-7 Affordable Housing Zone shall be used and no building shall be erected or altered except for the following uses:

In the R-13/AH-7 District, properties may be developed multifamily residential dwellings at a maximum density of 260 total dwelling units. Up to 218 market-rate units are permitted to be age-restricted, assisted-living, independent-living, or memory-care units. Not less than 42 housing units shall be designated for occupancy by very-low-, low- and moderate-income family households. All affordable units shall be family-rental units and shall comply with the Borough's Affordable Housing Ordinance, the Uniform Housing Affordability Controls ("UHAC"), applicable COAH affordable housing regulations, including, but not limited to, phasing requirements, any applicable order of the Court, and other applicable laws.

A maximum of 6,000 square feet of commercial use shall be permitted. Such uses may include retail sales and services and traditional full-service restaurants, either within the principal structure or within a separate building on the property. No restaurant of any kind shall include drive-in or drive-through service; ordering and pickup of food shall not be permitted to take place from a vehicle, nor shall exterior playgrounds or play areas be permitted. For the purposes of this section, a bar or tavern shall be considered a restaurant. Such uses may be similar or duplicative of resident amenities included within the assisted-living/independent-living/memory-care facility.

Notwithstanding § 30-403.6, multiple principal permitted uses and buildings shall be permitted on a single parcel within the R-13/AH-7 District. Furthermore, the 42 affordable apartments shall be in a separate 100% affordable structure from the assisted-living/independent-living/memory-care facility; or shall be integrated with the non-age-restricted multifamily market-rate units.

Permitted accessory uses. The following accessory uses are permitted in the R-13/AH-7 District:

Private garages.

Buildings for storage of maintenance equipment.

Off-street parking, including surface parking.

Parking garages for automobiles.

Signs in accordance with § 30-403.17. For the avoidance of doubt, signs for the assisted-living/independent-living/memory-care facility and affordable apartments shall conform to § 30-403.17f2, with each such use constituting a separate development. Notwithstanding the foregoing, each sign permitted pursuant to § 30-403.17f2(a) shall be permitted to be 60 square feet in area. Signs for the R-13/AH-7 commercial use shall conform to § 30-403.17g governing the B-2 Zone. Each permitted use within the R-13/AH-7 Zone shall be permitted separate signage pursuant to this section, regardless of whether the R-13/AH-7 Zone is subdivided.

Private recreation facilities, which may include swimming pools; clubhouse; recreational facilities; sports facilities, including, but not limited to, fields, courts, putting greens; lobbies; fitness facilities; outdoor barbecues; firepits; gazebos; indoor and outdoor sale of food and beverages, including alcohol; retail sale of pantry and pharmacy items; leasing and management offices; club rooms; lounges; libraries; business centers; day spas; salons; barbers; game rooms; pool rooms; community gardens; rec rooms; children's play rooms; private theater rooms; community kitchens for tenant use; locker rooms; mail rooms; package storage areas; valet spaces; or related mechanical equipment; and/or similar interior tenant amenities, intended for use by residents of the Assisted-Living/Independent-Living/Memory-Care facility and/or the affordable apartments and their guests.

Dog park or dog run.

Earth station antennas.

Storage spaces unattached to affordable apartments, but used by occupants of affordable apartments, which are incorporated into the affordable apartments building.

Storage spaces unattached to Assisted-Living/Independent-Living/Memory-Care units, but used by occupants of such units, which are incorporated into the Assisted-Living/Independent-Living/Memory-Care facility.

Maintenance facilities.

Common outdoor public and private spaces.

Fences, retaining walls.

Trash, wastes, and recycling receptacles and dumpster enclosures.

15.

Electric automobile charging stations with the capacity to charge two vehicles in total shall be provided.

Required conditions. The following zoning standards shall apply to development within the R-13/AH-7 District:

Minimum tract area: nine acres.

Maximum residential density: not to exceed 260 dwelling units. Permitted commercial uses shall not be counted towards residential density.

Minimum affordable units: a minimum of 42 family-rental dwelling units shall be deed restricted for very-low-, low- and moderate-income households.

Minimum front yard building setback from tract boundary: 60 feet. A freestanding commercial building may be set back a minimum of 20 feet from the tract boundary.

Minimum side yard building setback from tract boundary: 40 feet, except that a freestanding non-age-restricted multifamily apartment building may be set back a minimum of five feet from the side property line.

Minimum rear yard building setback from tract boundary: 45 feet.

Maximum building coverage: 30% of tract.

Maximum impervious coverage: 60% of tract.

Maximum building height: four stories/65 feet for assisted-living/independent-living/memory-care facility and four stories/56 feet for non-age-restricted multifamily apartments.

Parking: Adequate provision shall be made for off-street parking in accordance with the state's Residential Site Improvement Standards. Commercial uses shall provide adequate parking spaces in accordance with § 30-520.1, including the provision of at least one loading space. No additional parking spaces shall be required for amenities within the Assisted-Living/Independent-Living/Memory-Care facility.

The tract may be subdivided into a maximum of three lots. To the extent necessary, access, drainage, and utilities to subdivided lots within the tract may be provided for via cross-easements. The requirements of § 30-403.18 shall not apply to lots created via subdivision.

Accessory structures.

Setbacks. Section 30-403.7 shall not apply. Instead, accessory building shall meet the R-13/AH-7 tract minimum front yard, side yard, and rear yard building setbacks. Swimming pools, tennis courts and other surfaced recreation facilities shall likewise meet the R-13/AH-7 tract minimum front yard, side yard, and rear yard building setbacks. 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, aboveground and below-ground storm water detention basins and/or facilities, and underground utilities as needed, landscaping, and lighting shall be permitted within the R-13/AH-7 tract minimum front yard, side yard, and rear yard building setbacks.

Height. The maximum height of an accessory building, including, but not limited to, a clubhouse, shall be 30 feet.

Design. Architectural design and materials used in construction of accessory buildings shall conform to those used in the construction of principal buildings.

Open space. Exclusive of internal roadways and parking areas, there shall be provided a minimum of 15% of the entire tract for common open space.

Affordable apartments.

In the event of any conflict between the R-13/AH-7 Affordable Housing zoning and the Borough's Affordable Housing Ordinance or UHAC, the zoning for the Borough's Affordable Housing Ordinance shall control. This includes, but is not limited to, phasing requirements under N.J.A.C. 5:93-5.6(d), proper bedroom mix (at least 20% three-bedroom units and no more than 20% one-bedroom units), and proper unit income breakdown (13% very-low-, 37% low- and 50% moderate-income).

Deed restriction period. All affordable apartments shall be deed restricted as affordable to very-low-, low-, or moderate-income households for a period of at least 30 years from the date of the initial occupancy of each affordable unit (the "deed-restriction period"), so that the Borough may count each affordable unit against its obligation to provide affordable housing. As per N.J.A.C. 5:80-26.11(b), the affordability controls shall continue in effect until the date on which the individual affordable apartment shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. If, at any time after the deed-restriction period, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of the next scheduled lease renewal or 60 days.

The Borough shall not require that the units in the Assisted-Living/Independent-Living/Memory-Care facility or multifamily market-rate units be deed restricted as affordable.

The affordable apartments shall be required to comply with the requirements of the R-13/AH-7 Zone. Sections 30-404.2 and 30-405.9 shall not apply.

The requirements of § 20-9b shall not apply to the non-age-restricted multifamily apartment building. However, the applicant shall comply with all other provisions of the Borough's Soil and Soil Moving Ordinance.

Circulation.

Roadways shall comply with Residential Site Improvement Standards. Driveways shall not be considered private streets.

Residential Site Improvement Standards. To the extent any waiver, exemption, or exception is required from the Residential Site Improvement Standards due to an inconsistency with this zoning or otherwise, 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.

Retaining walls. No single retaining wall or retaining wall tier shall exceed a height of 15 feet. There shall be a minimum of four feet between retaining wall tiers. The use of retaining wall tiers to accommodate severe grade changes shall be permitted.

Drainage and stormwater management. Applications for development in the R-13/AH-7 Affordable Housing Zone shall comply with the Residential Site Improvement Standards and N.J.A.C. 7:8, as may be modified and/or supplemented by the State of New Jersey or Borough Code.

Lighting. Exterior lighting shall comply with § 30-510.

Buffers and screens shall not be required for conforming uses in the R-13/AH-7 Zone, notwithstanding § 30-403.9.

Grading and topsoil removal shall be consistent with the standards provided by § 30-517.1 unless otherwise waived by the Planning Board or Borough Engineer.

Solid waste disposal.

Requirements set forth in the Borough of Roseland Municipal Ordinance Number 28-1986, the amendments, and the New Jersey Statewide mandatory Source Separation and Recycling Act and subsequent revisions shall be complied with.

§ 30-404.13 MU/AH Mixed Use Affordable Housing Overlay Zone.

[Added 10-20-2020 by Ord. No. 21-2020]

Permitted Conditional Uses. Properties in the MU/AH District may be developed or redeveloped for mixed-use development, subject to the following requirements and limitations:

In the MU/AH Mixed Use Affordable Housing Overlay Zone, properties may be developed or redeveloped with mixed-use development consisting of commercial uses as permitted in the underlying zone district with two additional stories of multifamily residential dwellings.

The maximum density shall be 15 housing units per acre.

Not less than 20% of the housing units on each property shall be designated for occupancy by very-low-, low- and moderate-income households.

The units designated for very-low-, low- and moderate-income housing units shall be interspersed with market rate units. All affordable units shall comply with the Borough's Affordable Housing Ordinance, the UHAC, applicable COAH affordable housing regulations including, but not limited to, phasing requirements, any applicable order of the Court, and other applicable laws.

Mixed-use development shall comply with the bulk requirements applicable to the underlying B-1 Zone District.

The maximum permitted building height shall be three stories/45 feet.

Adequate off-street parking shall be provided on site in accordance with § 30-520. Alternatively, parking which cannot be accommodated on site may meet the requirement by providing the required spaces off site, but within 1,000 feet of the proposed use, in a lot owned or leased by the developer of the proposed use.

§ 30-405 CONDITIONAL USES.

§ 30-405.1 Uses Permitted.

Pursuant to N.J.S.A. 40:55D, the Board may grant conditional uses as may be permitted and regulated in the zone.

Application for a permitted conditional use shall be made in accordance with procedures set forth in Article III of this chapter, and the Board shall act on the application in accordance with said procedures. No conditional use shall be granted unless the same will not be detrimental to the health, safety and general welfare of the Borough, is not likely to involve unusual risks of traffic safety or traffic congestion, and is reasonably necessary for the convenience of the community. In reviewing every application for a conditional use, the Board shall give reasonable consideration to:

Character of the neighborhood.

Conservation of property values.

Health and safety of residents and workers on adjacent properties in the surrounding neighborhood.

Potential congestion of vehicle traffic or creation of undue hazard.

Adequacy of site access and traffic circulation on and adjacent to the site.

Pedestrian safety.

Effect on the use and enjoyment of adjacent properties.

The nature and intensity of the use.

Adequacy of utility, drainage and other facilities.

Stated principles and objectives of this chapter and the Master Plan of the Borough of Roseland.

In reviewing, an application for any conditional use as herein provided, the Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangements of entrances and exits to assure public safety. Requirements for conditional uses shall take precedence over any regulations for the zone in which said use is located.

§ 30-405.2 General Provisions for Conditional Uses.

[Ord. No. 20-1993; Ord. No. 23-1997 § II]

More Than Two Conditional Uses on a Lot. Whenever an application for a conditional use is made to the Board which, in the opinion of the Board, involves or could reasonably be anticipated to involve more than one of the conditional uses as herein permitted and regulated, the Board shall apply the conditions and standards for the use and location which will result in the largest lot size, the smallest lot coverage by the building and, in total, the largest front, side, and rear yard setbacks, the greatest number of parking spaces and the largest lot frontage. In applying these conditions and standards to such mixed use, the Planning Board shall not be limited to the conditions and standards of any one of the conditional uses involved but may apply a specific standard or condition for either or any of the uses involved.

Mixed Use of Conditional Use and Nonconditional Use on the Same Lot. A combination of conditional uses and other uses shall be permitted on the same lot in a particular zoning district only on the condition that:

Both the conditional use and the other use are permitted in that district by this chapter.

Each such use considered separately meets the requirements for the use proposed provided in this chapter for that zone.

Part-Time Schools Not a Mixed Use. It is not intended that part-time schools which are conducted as an adjunct or supplement to the activities of a church, religious organization, or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism, Hebrew schools, adult education, and the like, create a mixed use as defined herein for the premises on which they are conducted.

Time Frames for Board Action on Conditional Uses. Action by the Board shall be in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. The Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the Secretary to the Board, or within such further time as may be consented to by the applicant.

The review by the Board of a conditional use shall include any required site plan review. The time period for action by the Board on conditional uses shall apply to such site plan review. Failure of the Board to act within the period prescribed shall constitute approval of the application and a certificate of the Secretary to the Board as to the failure of the Planning Board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the municipal Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

Findings of Fact for Conditional Uses. The Planning Board shall not grant a permit for a conditional use unless it shall, in each specific case, make specific written findings of fact directly based upon the particular evidence presented to it that support the conclusion that:

The proposed conditional use complies With all the applicable regulations of this chapter.

The proposed use at the specified location will not impair the welfare or convenience of the public.

The proposed conditional use will not cause undue depreciation of property values in the neighborhood.

The location and size of the conditional use and the nature and intensity of the operation will not dominate the immediate neighborhood as to prevent the development and use of neighboring property in accordance with the applicable zoning regulations. In determining the foregoing, consideration shall be given to the adequacy of:

The location, nature and height of structures, walls, and fences on the site.

The nature and extent of landscaping and screening on the site.

The safety and convenience of vehicular and pedestrian access and circulation to and within the site.

Anticipated volumes and destinations of traffic generated by the proposed use.

The proposed conditional use is needed by the residents of the Borough of Roseland and/or the State of New Jersey, for their convenience or general welfare and that this need cannot be reasonably satisfied by any other means.

Where a conditional use is part of a mixed use development, the conditions of the conditional use shall be applied to that portion of the development related to the conditional use.

Conditional use requirements for permitted conditional uses shall be contained in the following subsections of this Article IV.

§ 30-405.3 Nonprofit Institutional Uses.

[Ord. No. 13-2000; Ord. No. 6-2001 § XVII]

Certain nonprofit institutional uses may be permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:

Public and Private Schools. Public schools covering any or all grades pre-kindergarten through grade 12 and full-time private schools covering any or all grades pre-kindergarten through grade 12 which are operated by charitable, religious or eleemosynary organizations to satisfy State mandated educational requirements, where permitted as a conditional use provided said conditional use shall meet all of the following requirements:

Charter. The application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material as may be required to guarantee to the satisfaction of the Board, the following:

The organization is or will be a bonafide nonprofit school organized for educational purposes and such other activities normally carried on by such schools.

The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.

The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:

The premises may be made available on a rental basis for meetings of other groups, private social functions and the like.

The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside a building or structure. Such activities shall only be permitted outside of a building or structure under the authority of a special license granted by the Borough Council of the Borough of Roseland, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This paragraph shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fundraising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee.

The sale of items, products or materials required for the educational programs or welfare of the students, or accessory to and having a relation to the activities conducted on the premises, such as, but not limited to, books, art materials and school supplies, or tickets for student activities, or other school related events, or food for school lunches, are permitted on a continuous basis, provided such sales are conducted inside the building or structure.

Minimum Lot Size. The lot or site on which the proposed use is to be located shall have a minimum area of ninety thousand (90,000) square feet, plus an additional forty-five thousand (45,000) square feet for every one hundred (100) pupils or portion thereof of maximum capacity, and the lot or site shall have a minimum street frontage of two hundred twenty-five (225) feet.

Lot Coverage. The coverage of the lot by buildings and structures will not exceed fifteen (15%) percent, and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, or other improvements, shall not exceed forty (40%) percent of the total area of the lot.

Setbacks. Any building or structure shall be set back from the front street line, a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or shall conform to the front yard setback requirements of the zone in which it is located, whichever is greater.

Any building or structure shall be set back from the side property lines a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or forty (40) feet, whichever is greater.

Any building or structure shall be set back from the rear property line, a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or fifty (50) feet, whichever is greater.

Exclusions. This subsection is not intended to apply to part time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism or Hebrew schools, adult education, or the like, or as an adjunct or supplement to the activities or programs of chartered membership organizations, but is intended to apply to educational institutions, whether or not operated in conjunction with religious organizations, churches, or places of worship, or chartered membership organizations which are operated on a full time basis, which offer general academic instruction or training in a skill, trade or vocation, and which are intended to fulfill State mandated educational requirements.

Public Utility Facilities. Public utility facilities and uses may be permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:

Proof of Need. Proof shall be furnished that the proposed installation in the specific location is necessary for the efficiency of the public utility system and to the satisfactory and convenient provision of service to the neighborhood in which the facility is to be located.

Building Design. The design of any building or structure required for such use shall conform to the general character of the area in which the facility is to be located.

Fencing. Adequate fencing and landscaping shall be provided, maintained and replaced as required.

Site Requirements. The lot on which the facility is to be located shall be sufficient in size to adequately accommodate the proposed facility together with any parking space required to serve the facility so that the total coverage of the lot by all buildings, sidewalks, parking areas, driveways, or other improvements, does not exceed fifty (50%) percent of the total area. Parking space shall not be located within the front yard area, not within twenty-five (25) feet of a property line, and shall otherwise comply with all general requirements of this chapter concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height and maintained and replaced as required, to preclude to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude to the maximum extent possible, the view of the parking area from a public street.

Setbacks. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located or a distance equal to the height of the building, whichever is greater.

Any building or structure shall be set back from the side property lines a distance not less than the height of the structure, or twenty-five (25) feet, whichever is greater.

Any building or structure shall be set back from the rear property, line a distance not less than the height of the structure or fifty (50) feet whichever is greater.

Churches. Churches and similar places of worship and rectories or parish houses or convents of religious groups on the same tract are permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:

The organization is or will be a bonafide nonprofit religious group organized primarily for the benefit of its membership, and such other activities normally carried on by religious groups.

The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.

The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:

The premises may be made available on a rental basis for meetings of other groups, private social functions and the like and;

The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside of a building or structure. Such activities shall also be permitted outside of a building or structure under the authority of a special license granted by the Borough Council of the Borough of Roseland, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This paragraph shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fundraising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee, and;

Sale of religious articles, or items having a relation to the cultural or ethnic background of the members of the faith are permitted on a continuous basis, provided that such sales are conducted inside the building or structure.

Minimum Lot Size. The lot on which the proposed use is to be located shall have a minimum area of seventy-five thousand (75,000) square feet, and shall have a minimum street frontage of two hundred twenty-five (225) feet.

Lot Coverage. The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, and other improvements, shall not exceed fifty (50%) percent of the total lot area.

Setbacks. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.

Any building or structure shall be set back from the side property lines a distance not less than the height of the structure or twenty-five (25) feet, whichever is greater. Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or fifty (50) feet, whichever is greater.

Exclusion. It is not intended that part time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization, or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism, Hebrew schools, adult education, and the like, be classified as a mixed use as defined herein for the premises on which they are conducted.

Nonprofit Chartered Membership Eating Clubs. Eating clubs operated by chartered membership organizations for the benefit of their members and not for profit are permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:

The organization is, or will be, a bona-fide nonprofit group organized for the benefit and enjoyment of its members who shall be either (1) persons having a business residence, such as owners, tenants or occupants of any building located in an OB Zone District in the Borough of Roseland, or (2) residents of the Borough of Roseland. For purpose of this paragraph a, resident is defined as a person who has permanently resided in the Borough of Roseland for a period exceeding three (3) months and is eligible to vote in the general election.

The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity; however, the sale to members and their guests of food and beverages and other products or materials related to or accessory to those sales and to the primary function or activity of the eating club conducted on the premises is permitted. Club facilities may include rooms for conferences and seminars conducted by and/or for the benefit of members, but no overnight accommodations shall be permitted or provided.

The owner or operator shall not permit any member to enter the restaurant before 7:00 a.m. on any day of the week, or after 11:00 p.m. Monday through Friday, after midnight on Saturday, or after 9:00 p.m. on Sunday.

There shall be one (1) parking space for each five (5) patron seats; provided, however, that this requirement may be waived by the Planning Board if applicant can show there is sufficient substitute on-site/off-street parking available within a reasonable walking distance of the lot on which the club premises are located.

Nonprofit chartered eating clubs shall be located only within a principal building or structure and shall not be permitted to operate in an accessory building or structure and all activities of the club will be carried on within the building or structure in which the club is located.

§ 30-405.4 Profit-Making Institutional Uses.

Certain profit-making institutional uses may be permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:

Nursing Homes. Nursing homes are permitted in the OB-2 and OB-3 Zones as a conditional use and shall meet the following minimum standards:

Lot Area. There shall be a minimum lot area of five (5) acres.

Need. Proof of Certificate of Need and compliance with all applicable State regulations.

Setbacks. No structure shall be permitted closer than one hundred (100) feet to any abutting property line or street right-of-way line.

Profit-Making Private Schools and Trade Schools. Private schools covering any or all grades pre-kindergarten through grade 12 or trade schools, if approved by the State approving agency and which are conducted as a business, are permitted as a conditional use in all zone districts provided said conditional use shall meet all of the following requirements:

Proof of State Approval. A license or similar document from the State approving agency attesting to approval of the school shall accompany the application.

Public Utility Facilities. Public utility facilities and uses may be permitted as a conditional use provided the following requirement are met:

Building Design. The design of any building or structure required for such use shall conform to the general character of the area in which the facility is to be located.

Fencing. Adequate fencing and landscaping shall be provided, maintained and replaced as required.

Setbacks. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located or a distance equal to the height of the building, whichever is greater.

Any building or structure shall be set back from the side property lines a distance not less than the height of the structure, or twenty-five (25) feet, whichever is greater.

Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or fifty (50) feet whichever is greater.

§ 30-405.5 Conditional Commercial Uses.

[Ord. No. 20-1993; Ord. No. 23-1997 § II; Ord. No. 13-2000; Ord. No. 6-2001 § XVIII; Ord. No. 8a-2004 § IV; Ord. No. 8-2012; Ord. No. 07-2017 § 3]

Certain commercial uses as described below may only be permitted as conditional uses subject to the following requirements:

Neighborhood Shopping Centers. Shopping centers are permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:

Minimum Lot Size. There shall be a minimum lot area of five (5) acres measured within six hundred (600) feet of the front street right-of-way line.

Allowed Uses. Specific uses allowed will be those allowed as permitted principal uses in the B-2 Zone. There shall be a minimum of five (5) stores, and no one (1) store shall occupy more than forty (40%) percent of the allowed gross floor area. The stores shall provide a variety of goods and services, catering to the daily needs of the local community.

Street Access. The proposed use shall have frontage on not less than two (2) arterial streets (State and/or County roads) and shall provide safe and adequate access to both. Access must provide direct entrance from and egress to all directions possible within the intersection without "doubling back".

Lot Coverage. The floor area ratio shall not exceed twenty (20%) percent and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, or other improvements shall not exceed seventy (70%) percent of the total area of the lot.

Building height shall not exceed thirty-five (35) feet or one (1) story, whichever is less.

Lot Width. Lot width measured at the street setback line shall be a minimum of three hundred fifty (350) feet for each frontage.

No building shall be permitted closer than:

Minimum front yard: 70 feet

Minimum side yard: 40 feet

Minimum rear yard: 50 feet

Off-Street Parking. Off-street parking shall be provided at a rate of one (1) parking space for each two hundred (200) square feet of gross floor area. Parking spaces and aisles shall be setback a minimum of twenty-five (25) feet from the property line and right-of-way line. Landscape plantings shall be provided in sufficient quantity, location and height and maintained or replaced as required, to preclude to the maximum extent possible headlight glare onto adjacent properties and roadways and to screen parking and loading areas from view.

Fast Service Restaurants. Fast service restaurants are permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met.

Minimum Lot Size and Size Limit. Fast service restaurants shall be permitted only as part of a multi-use retail complex, such as a strip center or shopping center, where such a complex is located on a lot having a minimum lot size of five (5) acres measured within six hundred (600) feet of the front street right-of-way line. The total floor area of all restaurant uses within a multi-use retail complex shall not exceed twenty (20%) percent of the gross floor area of the retail complex.

Off-Street Parking. Off-street parking for a retail center containing any fast service restaurant use shall be provided at a rate of six (6) parking space per one thousand (1,000) square feet of gross floor area of the entire retail center.

No restaurant of any kind shall include drive-in or drive through service; ordering and pickup of food shall not be permitted to take place from a vehicle, nor shall exterior playgrounds or play areas be permitted.

[Ord. No. 07-2017 § 3]

Wireless Telecommunication Antennas and Equipment and Wireless Telecommunication Towers and Equipment Compounds. This paragraph shall regulate the location and placement of wireless telecommunication antennas and equipment and wireless telecommunication towers and equipment compounds. It is also the purpose of this paragraph to recognize that the installation of new towers to support such antennas has a negative impact on the scenic and historic character of the community which the Master Plan seeks to protect. This paragraph seeks to meet the mandate of the Telecommunications Act of 1996, while at the same time limiting the proliferation of wireless communication towers and antennas. Wireless telecommunication antennas and equipment and wireless telecommunication towers and equipment compounds shall be allowed in certain zone districts within the Borough, subject to the following conditions:

Wireless Telecommunication Antennas:

Wireless telecommunication antennas shall be permitted in all nonresidential zones, except the B-1 Zone. They shall be limited to whip-type antennas and no building or other structure shall host more than three (3) such antennas.

Wireless telecommunication antennas may be located on any existing structure (e.g., building, silo, steeple) which is permitted in the zone. Such antennas shall not exceed ten (10) feet in height above the highest point of the structure nor shall they exceed ten (10) feet above the maximum height limit of the zone. Such antennas shall be suitably finished and/or painted so as to minimize their visual impact on the area.

Wireless telecommunication antennas located on an existing structure shall be subject to site plan approval.

Wireless telecommunication antennas, in any district where allowed, shall meet the following:

Demonstration of need for a wireless telecommunication antenna at the proposed location. Such evidence shall describe in detail: (i) the wireless telecommunication network layout and its coverage area requirements, and (ii) the need for new wireless telecommunication facilities at a specific location within the Borough.

Report from a qualified expert certifying that the wireless telecommunication antenna and the building to which it is attached will comply with the structural and wind loading requirements as set forth in the BOCA Code; or the Electronic Industries Association/ Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.

Wireless telecommunication equipment may be installed in support of an antenna. Such equipment shall be contained either directly within the structure the antenna is mounted on or within another existing structure on site.

Wireless Telecommunication Towers and Equipment Compounds.

Wireless telecommunication towers and equipment compounds shall be permitted in the Conservation (C) Zone only.

Only monopoles shall be permitted. Tower heights shall not exceed a maximum of one hundred (100) feet for towers designed for a single user, one hundred twenty (120) feet for two (2) users and one hundred forty (140) feet for three (3) or more users. Any antennas or lightening rods attached to the tower shall not exceed ten (10) feet beyond the top of the tower. No individual carrier, shall have more than three (3) antennas on any tower.

Wireless telecommunication towers shall be subject to major site plan approval. Carriers not approved with the original site plan approval shall be subject to additional site plan review prior to installation of additional antennas and equipment.

Wireless telecommunication towers and equipment compounds shall meet the following:

Demonstration of need for a wireless telecommunication tower at the proposed location. Such evidence shall describe in detail: 1) the wireless telecommunication network layout and its coverage area requirements, and 2) the need for new wireless telecommunication facilities at a specific location within the Borough.

Proof that the applicant has exercised its best efforts to locate the wireless telecommunication antennas on an existing building or structure, rather than on the proposed tower. Evidence demonstrating that no existing wireless telecommunications tower or building or structure can accommodate the provider's proposed antenna may consist of any of the following:

(i)

No existing towers or structures are located within the geographic area that is necessary to meet the provider's radio frequency engineering requirement to provide reliable coverage.

(ii)

Existing towers or structures are not of sufficient height and cannot be made to be of sufficient height to meet the provider's radio frequency engineering requirements.

(iii)

The provider's proposed antenna would cause electromagnetic interference with antennas on existing towers or structures or the antennas on the existing towers or structures would cause interference with the provider's proposed antenna.

(iv)

The fees, cost, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are patently unreasonable. Actual, direct costs exceeding new tower design, development, and construction are presumed to be patently unreasonable.

(v)

The provider demonstrates that there are other limiting factors that render existing towers or structures unsuitable.

Wireless telecommunication towers and equipment compounds shall be located with the compound having a minimum setback from the property line as required for accessory buildings in the zone in which it is located. The tower shall have a minimum setback from any property line of ten (10%) percent more than the height of the tower, but not less than one thousand (1,000) feet from any existing residence. The equipment compound shall be situated behind existing structures, buildings or terrain features which will shield the compound from public view, where possible. When a location out of public view is not possible, a landscape buffer of twenty (20) feet in depth shall be provided around the compound to shield it from public view. The equipment compound shall not exceed one thousand five hundred (1,500) square feet. The equipment for all carriers at a site shall be contained within a single structure, which structure shall not exceed one hundred forty-four (144) square feet of gross floor area, nor exceed ten (10) feet in height.

Equipment compounds shall be designed to accommodate the maximum number of carriers designed for the tower. Authorization for the construction for a new telecommunications tower shall be conditioned upon agreement by the tower owner that other telecommunication service providers will be permitted to co-locate on the proposed tower within the limits of the structural and engineering requirements and at rates which reflect the fair market price for such services.

Design Requirements.

Wireless telecommunication facilities should be located to minimize the number of facilities needed in the community, while insuring effective and efficient telecommunication services; to encourage the use of existing buildings and structures to the maximum extent possible; to minimize the visual impact through careful siting, design, landscaping, screening and innovative camouflaging techniques, to make the facility compatible with any neighboring residences and with the character of the community as a whole. Facilities should be placed to ensure that historic and architecturally significant areas, buildings and structures and significant views, landscapes and streetscapes are not visually impaired.

Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information, and safety instructions. Such sign shall not exceed two (2) square feet in area. No commercial advertising shall be permitted on any wireless telecommunication facility.

No lighting is permitted except as follows:

Wireless telecommunications equipment compounds enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and

No lighting is permitted on a wireless telecommunications tower, except as may be required by government regulation.

Wireless telecommunication antennas and towers shall be maintained to assure their continued structural integrity. The owner of the tower or antenna shall also perform such other maintenance of the structure and of the site as to assure that it does not create visual nuisances.

Wireless telecommunication towers shall be of a color appropriate to the tower's location and to make it as unobtrusive as possible, unless otherwise required by government regulation.

Wireless telecommunication facilities shall be surrounded by a fence and/or other approved security features. All towers shall be designed with anti-climbing devices, to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed and as approved by the applicable Board.

No equipment shall be operated so as to produce noise in excess of the limits of this ordinance or any other applicable noise regulations, except for emergency situations requiring the use of a backup generator.

Wireless telecommunication towers and equipment compounds shall be appropriately landscaped in accordance with an approved landscaping plan that enhances the appearance of the project, as seen from the surrounding area and shall include native evergreen and deciduous trees, providing an average buffer height of at least six (6) feet at the time of planting.

Electric High Voltage Transmission Towers: This paragraph shall regulate the location and placement of electric high voltage transmission towers by public utilities regulated by the New Jersey Board of Public Utilities ("BPU") pursuant to Title 48 of the New Jersey Statutes. Electric high voltage transmission towers proposed by public utilities regulated by the BPU shall be allowed to be constructed in all zoning districts within the Borough, subject to the following conditions:

New Electric High Voltage Transmission Towers within existing electric transmission rights-of-way shall not require site plan approval if they meet the following conditions:

The public utility shall provide proof that the towers are being located within an existing transmission right-of-way.

Demonstration of need for new electric high voltage transmission towers within the public right-of-way. Such evidence shall describe in detail (i) the reliability concerns to the transmission system, and (ii) why existing structures cannot be used.

Evidence that the National Electric Safety Code and National Electric Code shall be followed at all times.

Tower heights shall not exceed a maximum of one hundred fifty (150) feet.

New Electric high voltage transmission towers within new or expanded electric transmission rights-of-way shall require major site plan approval. The public utility shall show the following:

Proof that the applicant has exercised its best efforts to locate the high voltage transmission tower on an existing right-of-way. Evidence demonstrating that no existing right-of-way can accommodate the provider's proposed antenna may consist of any of the following:

No transmission rights-of-way are located within the geographic area that is necessary to meet the need for the project.

Existing rights-of-way are currently fully occupied by existing towers and structure and the existing towers or structures cannot accommodate additional facilities.

The fees or costs required by the public utility in order to occupy an existing tower or structure or to adapt an existing tower or structure for use are patently unreasonable. Actual, direct costs exceeding new tower design, development, and construction are presumed to be patently unreasonable.

(4)

The public utility demonstrates that there are other limiting factors that render existing towers or structures unsuitable.

(5)

The need for new electric high voltage transmission towers at the specific location within the Borough as opposed to other locations within the Borough.

(6)

Demonstration of need for new electric high voltage transmission towers. Such evidence shall describe in detail the reliability concerns to the transmission system.

(7)

Evidence that the National Electric Safety Code and National Electric Code shall be followed at all times.

(8)

Tower heights shall not exceed a maximum of one hundred fifty (150) feet. Towers at heights exceeding 150 feet will require a variance pursuant to N.J.S.A. 40:55D-70(d).

Self-Storage Facility. Self-Storage facilities are permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:

Conditional Use Requirements.

Individual storage spaces shall not exceed four hundred (400) square feet in area.

Barbed wire fencing shall not be permitted. Fencing in the front yard shall not be permitted. Fencing greater than eight (8) feet in height shall not be permitted.

On-site residences for caretakers or guards shall not be permitted.

The types of materials permitted to be stored in the facility shall be limited to those that are non-combustible, inert and will not putrefy. The storage of flammable or hazardous chemicals or materials and explosives is strictly prohibited.

Outdoor storage shall be prohibited.

Building height shall not exceed thirty-five (35) feet or two and one-half (2.5) stories, whichever is less.

Off-street parking shall be provided at a rate of one (1) parking space for each seven hundred fifty (750) square feet of gross floor area. All building, parking, spaces and aisles shall be set back a minimum of twenty-five (25) feet from all property lines, and shall comply with the additional standards in Article V, Section 30-501 et seq.

Auctions, commercial, wholesale or retail sales, garage sales, or miscellaneous sales shall be prohibited on site.

(i)

Utilization of self-storage areas as contractor staging areas shall be prohibited.

Additional Standards. The following supplemental design and operational standards shall be applicable to self-storage facilities:

On-site security shall be provided in levels that are sufficient to serve the facility. Applicant shall demonstrate to the Board's satisfaction that the Borough's police services will not be unduly taxed by emergency calls to the facility.

Careful consideration shall be paid to the aesthetics of all building's and fencing that are visible from both public view sheds and adjacent lots. Overhead doors shall be located facing toward the interior of the site to the extent possible. Exterior building materials shall be of a high quality, and should consist of split-face block or other finished masonry material, drivet or other material. Metal buildings are strongly discouraged, as are gimmicky building and fencing features such as mock lighthouses, oversized padlocks and the like. Roofs on buildings shall be pitched to provide visual interest.

Building colors shall be from a neutral palate, and should be similar to those used in office/research building applications.

Signage colors shall be from a neutral palate, and should be similar to those used in office/research building applications. Signage design shall also be similar to that used for general office/research applications, rather than retail applications. That is, signs shall be no greater than ten (10) feet in height and fifty (50) square feet in area. One freestanding sign per street frontage shall be permitted. Signage materials shall be of an aesthetically pleasing, high quality. All other sign requirements of the RM Zone and this Land Development chapter shall be applicable.

Landscape plantings shall be provided in sufficient quantity, location and height and maintained or replaced as required, to preclude to the maximum extent possible headlight flare onto adjacent properties and roadways and to provide substantial visual breaks between building, parking and loading areas and public roadways and adjoining uses.

Loading spaces shall be provided in logical locations and in sufficient quantity to serve the facility.

Lighting levels shall not exceed those permitted in this or other applicable chapters of the Borough Code.

§ 30-405.6 Public Garages or Gasoline Service Stations.

[Ord. No. 25-2003]

Public garages or gasoline service stations are permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:

Minimum Lot Size. A minimum lot area of thirty thousand (30,000) square feet measured within two hundred (200) feet of the front street right-of-way line.

Frontage. Every lot shall have a minimum street frontage of one hundred fifty (150) feet.

In addition, if the Planning Board finds that the nature of the particular use proposed, either by virtue of scale, intensity of use, hazard, or other such considerations is such that a larger site is in the public interest, then it shall impose such additional requirements.

Boundary Restrictions. The nearest boundary line of the lot or parcel of land to be used must be at least three hundred (300) feet measured in a straight line from any boundary line of property which is used as, or upon which is located:

A public or private school or playground.

A church or other place of worship.

A hospital.

A public library, public art museum, civic center, or other public building or structure or similar place of public assembly.

A theater or other building or structure used or intended to be used for motion pictures, theatrical, or operatic productions, or for public entertainment.

A fire house or fire station.

Front Yard. No pump island shall be closer to the front street side line than thirty-five (35) feet.

Coverage. The building coverage of the lot shall not exceed twenty (20%) percent.

Maximum Height. No building height shall exceed one (1) story.

Screening. All public garages and gasoline service stations shall be screened by a buffer area not less than five (5) feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both. Such buffer screen shall have a minimum height of six (6) feet above finished grade. The materials used shall be in keeping with the character of the adjacent area and be maintained and replaced as required.

Access. Entrance and exit driveways shall be limited to two (2) for each one hundred fifty (150) feet of frontage. Such driveways shall not be less than sixteen (16) feet nor more than twenty-four (24) feet in width and at least fifteen (15) feet from any adjoining property and at least thirty (30) feet from the corner of any intersecting public streets.

Parking on Lot. No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the parking requirements of this section.

Outdoor Display. Accessory goods for sale may be displayed out-of- doors on the pump island end and the building island only and shall be stored in a suitable rack or container.

Prohibited Uses.

Retail Sales Prohibited. A lot containing a public garage or gasoline service station shall not be devoted to any other uses, except as specifically provided for herein, including but not limited to retail sales and services not involving automobile parts or accessories. This restriction is intended to preclude a convenience store or other multiple use, but shall not preclude incidental retail sales through vending machines subject to the following: vending machines must be designed and used only for the sale of cigarettes, candy, soft drinks, newspapers, or other such merchandise; they shall be coin operated and shall not be beyond three (3) feet of the outside of the principle structure in which the primary activity is carried on; no more than three vending machines shall be outside the principle structure and no more than five (5) vending machines inside the principle structure; the height of the machine and the enclosure in which it is installed shall not be in excess of ten (10) feet and there shall be end walls in the back with the wall extending the full height of the machine; machines shall be substantially the same height as other machines on the property; the widths of the machines are no more than three and one-half (3-1/2) feet and the depths of the machines are no more than three and one-half (3-1/2)feet; all vending machines shall comply with all other requirements of the zone district in which they are located.

Exemption for Existing Establishments. The provisions of this paragraph k. are prospective only and they shall not restrict any public garage or gasoline service station from continuing to provide retail sales and services, limited, however, to the same volume, amount, type, and manner of retail sales and services not involving automobile parts or accessories that the public garage or gasoline service station has provided prior to the effective date of this section.

§ 30-405.7 Residential Professional Offices.

[Ord. No. 20-1993]

Residential professional offices are permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:

Location. Residential professional offices shall be limited to lots having frontage on one of the following streets: Harrison Avenue, Eagle Rock Avenue, Livingston Avenue, Roseland Avenue, Passaic Avenue, Laurel Avenue and Eisenhower Parkway.

Minimum Lot Requirements. A residential professional office may only be located on a lot which currently conforms with the requirements of Schedule I, Schedule of Zone Districts, for the district in which it is located. The use of the lot for a home professional office shall not create any new nonconformities.

Editor's Note: Schedule I referred to herein may be found in the Appendix located at the end of this chapter.

Off-Street Parking. All required parking shall be provided on-site. It shall meet the required front yard setback for the zone and shall be set back a minimum of fifteen (15) feet from side and rear property lines. All parking shall be screened from adjacent uses by a year round buffer at least five (5) feet high, which may consist of evergreen vegetation, berms and/or fences.

Size of Operation. The residential professional office shall only be located on the first floor of the principal residence and shall occupy no more than fifty (50%) percent of the first floor or one thousand (1,000) square feet, whichever is the lesser.

In addition to the residents of the premises no more than two (2) other persons may be employed by the residential professional office.

Appearance. Use of a residence for a home professional office shall not cause a change in the residential appearance or character of the premise. Signs shall be limited to those allowed in subsection 30-403.17f1.

§ 30-405.8 Standards for Municipal Uses and Board of Education Uses.

[Ord. No. 13-2000; Ord. No. 6-2001 § XVII]

Municipal Uses. Municipal uses, other than parks, are permitted under this subsection as a conditional use in all zones provided said conditional use shall meet all of the following requirements:

Lot Coverage. The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways and other improvements, shall not exceed fifty (50%) percent of the total lot area.

Setbacks. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.

Off-Street Parking. Sufficient off-street parking space shall be provided to insure that the use will not cause parking on a public street during the course of normal activities.

Board of Education Uses. Roseland Board of Education uses are permitted under this subsection as a conditional use in all zones provided said conditional uses shall meet all of the following requirements:

Lot Coverage. The lot coverage by buildings and structures shall not exceed fifteen (15%) percent.

Setbacks. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located. Any building or structure shall be set back from the side or rear property line a distance not less than the height of the structure or twenty-five (25) feet, whichever is greater.

Off-Street Parking. Sufficient off-street parking shall be provided to insure that the use will not cause parking on a public street during the course of normal activities.

§ 30-405.9 Multi-Family Housing.

[Ord. No. 7-2005; Ord. No. 16-2011]

A multi-family housing development is permitted as a conditional use in the RM Zone.

Conditional use requirements shall include the following:

Minimum Tract Size. A minimum tract size of twelve (12) acres.

Access. The tract shall have frontage on a local road only.

Buffer. A perimeter buffer area no less than forty (40) feet in width shall be provided along all adjoining property lines.

Density. The number of dwelling units shall not exceed ten (10) units per acre.

The number of units in a building shall not exceed eight (8).

Common Areas. A plan indicating the ownership and maintenance of the common areas shall be submitted and approved by the Board.

Parking. Parking shall comply with the requirements of the Residential Site Improvement Standards.

Proximity to Multi-Family Development. The multi-family development shall directly abut an R-6 Zone.

Additional Standards. A multi-family housing development shall be subject to the following supplemental design and bulk standards:

No construction, including the placement of fences, shall occur within the buffer area except for the following, only if specifically approved by the Board.

Drainage improvements.

Underground utilities.

Crossing of access roads and access driveways.

No removal of existing vegetation shall occur in the buffer area, unless the removal consists of selective thinning that is necessary for site improvements or supplemented to create a more effective buffer area. The buffer area shall provide screening through landscaping or other means as approved by the Board.

A minimum of twenty-five (25%) percent of the site shall be devoted to active and/or passive outdoor recreational use. Such uses may include, but shall not be limited to: landscape areas incorporating sitting areas and walking trails, shuffleboard courts, swimming pools and bocce courts.

The underlying bulk regulations set forth in Schedule I, Schedule of Zone Districts, subsection 30-402.2 of the Land Development chapter, shall not apply to a multi-family housing. The following bulk requirements shall specifically apply:

Frontage. The lot shall have a minimum street frontage of five hundred (500) feet.

Setbacks. No principal or accessory building shall be permitted closer than sixty (60) feet from the front property line. No principal or accessory building shall be permitted closer than fifty (50) feet from any side property line.

No principal or accessory building shall be permitted closer than fifty (50) feet from the real property line.

No surface parking area, excluding driveways to private garages, shall be permitted closer than twenty (20) feet to a principal building.

Lot Coverage. The coverage of the lot by buildings and structures shall not exceed thirty-five (35%) percent, and the total coverage of the lot by all buildings, structures, sidewalks, parking area, driveways or other improvements, shall not exceed sixty (60%) percent of the total area of the lot.

Building Height. Building height shall not exceed thirty-five (35) feet.

Minimum Distance Between Buildings. The minimum distance between buildings shall be twenty-five (25) feet.

§ 30-405.10 Convenience Store.

[Ord. No. 07-2017 § 3]

Convenience stores are permitted as a conditional use in the B-1 Business Zone subject to the following conditions:

Minimum lot size requirements: 25,000 square feet

Minimum lot frontage at the street line: one hundred fifty (150) feet

Maximum building coverage: fifteen (15%) percent

Maximum impervious coverage: seventy (70%) percent

There shall be no provisions made for on-site consumption of food or beverages. Tables inside or outside the convenience store are prohibited.

§ 30-406 NONCONFORMING USES AND STRUCTURES.

§ 30-406.1 Continuance of Nonconforming Uses or Structures.

Any nonconforming use or structure which lawfully existed at the time of the passage of this chapter may be continued and any such existing nonconforming building or structure may be reconstructed or structurally altered provided it shall meet the requirements of this Article.

§ 30-406.2 Alteration, Extension or Enlargement of Nonconforming Uses or Structures.

Nonconforming uses or structures in all zone districts shall conform to the following requirements:

Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsoever.

There shall be no structural alterations made to any nonconforming building or structure that is nonconforming because of use. Structural alterations may be made in a building which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter, so long as the structural alteration does not extend, enlarge or aggravate the nonconformance.

A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use, but nothing hereinbefore stated shall prevent the strengthening or restoring to a safe and lawful condition of any part of any building declared unsafe by the Construction Official, the Borough Fire Official or the Borough Engineer.

In the event that there shall be a cessation of operation or occupancy of any nonconforming use for a period of twelve (12) consecutive calendar months, the same shall be presumed an abandonment of such nonconforming use. Any subsequent attempt to rely upon, exercise or reinstate such abandoned nonconforming use (the provisions of subsection 30-406.1 of this chapter notwithstanding) shall be presumptively deemed a violation of the terms of this chapter.

Nothing in this chapter shall require any change in plans, construction or designated use of a structure or building if construction has been started and diligently pursued at the time of the adoption of this chapter.

Nothing in this chapter shall be construed as authorization for an approval of the continuance of the use of a building, structure or premises in violation of any zoning ordinances, rules or regulations in effect immediately preceding the time of the effective date of this chapter.

Any nonconforming use that is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter shall not be changed or altered to enlarge the nonconformance.

§ 30-406.3 Restoration of Existing Buildings Which Are Nonconforming Because of Use.

Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because of its use and which is partially destroyed by fire, explosion, act of God, any public enemy, or the like.

§ 30-406.4 Restoration of Existing Buildings Which are Nonconforming Because of Reasons Other Than Use.

Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because it fails to comply with any height, area, yard, off-street parking or other like requirements of this chapter and which is partially destroyed by fire, explosion, act of God, any public enemy, or the like; provided, however, that any restoration of any such building or structure shall not extend, enlarge or aggravate the previously existing nonconformance.

§ 30-407 STANDARDS AND REGULATIONS FOR TELECOMMUNICATIONS ANTENNAS AND TOWERS.

[Ord. No. 16-2005]

Purpose.

The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to:

Provide guidelines which allow for the siting of cellular towers within the boundaries of the Borough of Roseland.

Provide for the ever-expanding communications needs of the Borough of Roseland, its residents and the business community.

Within those goals the objectives of this section are to:

Protect residential areas and land uses from potential adverse impacts of towers and antennas.

Minimize the total number of towers throughout the community.

Encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, and siting.

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

Consider the public health and safety of communication towers.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

Applicability.

Wireless telecommunication antennas.

Wireless telecommunication towers and equipment compounds.

Exemptions. The following are exemptions from the provisions of this section:

Amateur Radio Station Operators/Receive Only Antennas. This section shall not govern the installation of any antenna owned and operated by an amateur radio operator and used exclusively for receive only antennas and for private noncommercial purposes.

AM Array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

Wireless Telecommunication antennas, equipment and towers not expressly permitted in this section are hereby prohibited.

Satellite antennas for television and the Internet.

General Requirements.

Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For the purpose of determining whether the installation of a tower or antenna complies with zoning regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure (protection from expanding a nonconforming use or structure).

Not Essential Services. Wireless telecommunication facilities, towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.

Multiple Antenna/Tower Plans. The Borough of Roseland encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

Reserved.

Editor's Note: Paragraph e not provided by Ordinance No. 16-2005.

Wireless Telecommunication Antennas.

Wireless telecommunication antennas shall be a principally permitted use on all Borough-owned land, buildings or structures. Such antennas are exempt from the provisions of the conditional use requirements.

Wireless telecommunication antennas shall be permitted as a conditional use in all nonresidential zones, except the B-1 Zone.

Wireless telecommunication antennas located on an existing structure shall be subject to site plan approval.

Conditional Use Standards. Wireless telecommunication antennas located as a conditional use shall meet the following:

Report from a qualified expert certifying that the wireless telecommunication antenna and the building to which it is attached will comply with the structural and wind loading requirements as set forth in the BOCA Code; or the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standards, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.

Antennas may be located on any existing structure (e.g., building, silo, steeple) which is permitted in the zone. Such antennas shall not exceed ten (10) feet in height above the highest point of the structure or ten (10%) percent above the maximum height limit of the zone, whichever is greater. Such antennas shall be suitably finished and/or painted so as to minimize their visual impact on the area.

The antenna must comply with applicable FCC and FAA regulations.

The antenna must comply with the applicable building codes.

Location Priorities for New Antennas.

The first priority shall be on an existing building or structure or land owned or leased by the Borough of Roseland.

The second priority shall be on an existing building or structure owned by either a public or private utility within or near the Borough of Roseland.

The third priority shall be those sites where wireless telecommunication antennas are permitted as a conditional use, subject to the conditional use standards.

Wireless Telecommunication Towers and Equipment Compounds.

Principal Permitted Use. Wireless telecommunication towers and equipment compounds are permitted on all property owned, leased or otherwise controlled by the Borough of Roseland, provided that a license or lease authorizing such tower has been approved by the Borough of Roseland. The Borough may, as a condition of such lease, require site plan approval.

Maximum Height.

Wireless telecommunication towers shall be subject to site plan approval. Carriers not approved with the original site plan approval shall be subject to additional site plan review prior to installation of additional antennas and equipment.

Setbacks. On all property owned, leased or otherwise controlled by the Borough of Roseland, the tower shall have a minimum setback from any existing residence of one hundred (100) feet or at least one hundred (100%) percent of the tower height, whichever is greater.

To the extent possible, equipment compounds shall be shielded from public view. When a location out of public view is not possible, a landscape buffer of at least five (5) feet in depth shall be provided around the compound to shield it from public view. The equipment compound shall not exceed two thousand eight hundred (2,800) square feet. The equipment for all carriers at a site shall be contained within a single structure, which structure shall not exceed three hundred sixty (360) square feet of gross floor area, nor exceed ten (10) feet in height.

Conditional Use Standards. Wireless telecommunication towers and equipment compounds as a conditional use shall meet the following:

Location. Within the Conservation (C) Zone, subject to the conditional use standards set forth in this section.

Demonstration of need for a wireless telecommunication tower at the proposed location. Such evidence shall describe in detail: (i) the wireless telecommunication network layout and its coverage area requirements, and (ii) the need for new wireless telecommunication facilities at a specific location within the Borough.

No existing towers or structures are located within the geographic area that is necessary to meet the provider's radio frequency engineering requirement to provide reliable coverage.

Existing towers or structures are not of sufficient height and cannot be made to be of sufficient height to meet the provider's radio frequency engineering requirements.

(4)

The fees, cost or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are patently unreasonable. Actual, direct costs exceeding new tower design, development, and construction are presumed to be patently unreasonable.

(5)

The provider demonstrates that there are other limiting factors that render existing towers or structures unsuitable.

Setbacks.

Wireless telecommunication towers and equipment compounds as a conditional use shall have a minimum setback from any property line of ten (10%) percent more than the height of the tower, but not less than one thousand (1,000) feet from any existing residence.

Location Priorities.

The first priority shall be on lands owned or leased by the Borough of Roseland.

The second priority shall be on lands within the Conservation (C) district.

Design Requirements.

No lighting is permitted except as follows: