[Ord. No. 564, 9-6-2000]
A.
Purpose. This district is established in recognition of the topographic
characteristics of the land so designated and its predominant use
for residential and agricultural purposes.
B.
Permitted uses.
(1)
Farm.
(2)
One single-family detached dwelling per lot.
(3)
Community residence for the developmentally disabled, community shelter
for victims of domestic violence, community residence for the terminally
ill, and community residence for persons with head injuries.
(5)
Family day-care home.
(6)
Municipal parks and playgrounds.
(7)
Accessory uses and structures incidental to a single-family detached dwelling or a farm, including the sale of farm products from a farm stand on a farm and including a home office, as defined in Article I, in conjunction with a single-family detached dwelling.
(8)
Groundwater remediation structures and equipment.
(9)
The taking in of not more than two roomers or boarders within a dwelling,
provided no cooking takes place within the guest room(s), and further
provided that the dwelling remains its owner's principal residence.
E.
Uses prohibited in R-1 Zone: any use not specifically permitted.
[Ord. No. 564, 9-6-2000]
A.
Purpose. This district is created in recognition of the established
character of Frenchtown's existing residential neighborhoods.
C.
Conditional uses (see § 50-309): all conditional uses allowed in the R-1 Zone, except that the conditional uses provided for in § 50-401C(4) through (7) shall only be permitted in conjunction with single-family detached dwellings.
D.
Area and yard requirements: as specified in the Schedule of Lot Area, Yard and Building Requirements (§ 50-203).
E.
Uses prohibited in R-2 Zone: any use not specifically permitted.
[Ord. No. 564, 9-6-2000; 9-12-2017 by Ord. No.
797]
A.
Purpose.
(1)
To provide appropriate locations for multifamily dwellings according
to specified design and development criteria as more fully set forth
herein.
(2)
To provide an enhanced opportunity for higher-density residential
development that will enable a developer to set aside and reserve
a portion of the total number of new dwelling units constructed for
occupancy by and affordability to qualified very low, low and moderate-income
households. Should the developer choose to market the affordable units
as rental units, a set-aside of at least 15% of the total number of
units constructed is required. Should the developer choose to market
the affordable units as for sale units, a set-aside of at least 20%
of the total number of units constructed is required.
B.
Permitted uses.
(1)
Existing single-family detached dwellings and customary accessory
uses as permitted and regulated in the R-1 Zone.
(2)
Multifamily dwellings consisting of apartment (flats).
C.
Conditional uses (see § 50-309). The conditional uses provided for in § 50-401C(4) through (7) shall be permitted in conjunction with existing single-family detached dwellings, as provided in Subsection B(1) above.
D.
Tract development requirements for multifamily development.
(1)
Density. There shall be not more than 16 dwelling units per gross
tract acre.
(2)
Tract area. There shall be a minimum tract area of two acres, except
that a smaller tract area may be permitted if the development is an
expansion of an existing development and will share common driveways
and facilities.
(3)
Tract frontage and depth. The minimum tract frontage shall be 100
feet.
(4)
Tract setbacks and buffer strips.
(a)
Front yards. No building, structure or parking lot shall be located closer than 50 feet to the public right-of-way line of an existing street, except for permitted signs as regulated in § 50-302.
(b)
Side and rear yards. No building shall be located closer to
any side or rear tract boundary than 25 feet.
(c)
Perimeter buffer strip. There shall be a landscaped buffer strip
along the entire perimeter of the tract at least 10 feet in width
as measured from the tract boundary, which buffer strip shall be suitably
landscaped with trees, shrubs, and other ground cover as may be appropriate.
(5)
Access. All buildings shall front on an interior street system. Trenton
Avenue shall be used to provide driveway or roadway access to the
development as a whole but shall not be used to provide direct access
to individual buildings or units within the development.
(6)
Impervious coverage. The area devoted to all buildings, accessory
structures, parking areas, driveways, walkways and other compacted
surfaces, whether paved or unpaved, shall not exceed 55% of the tract
area.
(7)
Common open space. The minimum common open space within the development
shall be 30% of the tract area. The land in the perimeter buffer strip
may be counted toward meeting this requirement.
(8)
Utility services and stormwater management. All development shall
be connected to public water and sanitary sewerage systems. The design
of the stormwater management plan shall incorporate water quality
measures, such as rain gardens and other filtration systems. All on-site
utility lines, including electric, cable and telephone service lines,
shall be placed underground.
E.
Building requirements.
(1)
Building height. No building or structure shall exceed 2.5 stories
and 38 feet in height, exclusive of chimneys or cupolas, with such
measurement taken at the front of the building. Accessory buildings
and structures shall not exceed 15 feet in height.
(2)
Distances between principal buildings.
(a)
There shall be a distance of not less than 12 feet between the
ends of principal buildings.
(b)
There shall be a distance of not less than 25 feet between the
ends of principal buildings where an access drive intervenes.
(c)
There shall be a distance of not less than 50 feet between front
and/or rear walls of principal buildings.
(d)
There shall be a distance of not less than 76 feet between principal
buildings where a parking lot intervenes.
(e)
The distance between an end wall of one building and a front
or rear wall of another shall be 50 feet.
(3)
Limitations on dwelling units.
(4)
Exterior design standards.
(a)
The exterior of each building shall be presented as a single
unified building with an articulated base and corners. Materials to
be used on each building and throughout the development shall be subject
to approval by the Board. The relative heights of various building
elements compared to their widths shall, to the extent feasible, achieve
a ratio of 1.618 vertical to 1.00 horizontal.
(b)
Each building shall have one or more roofed front porches with
painted railings supported by painted turned wood or wood-like synthetic
balusters. Each such porch shall be at least five feet deep. Porches
shall occupy at least 60% of the front facade of the building to which
it is attached. Porch floors shall be tongue and groove, may be made
of wood or a synthetic smooth material, and shall be painted or stained.
(c)
Each building shall be clad in traditional painted wood clapboard
or painted, smooth-surfaced wood-like synthetic material having the
appearance of traditional clapboard and shall have articulated corners
and base. Brick walls are also acceptable. All exposed foundations
shall have a finished surface.
(d)
Flat, shed, gambrel and mansard roofs shall be prohibited. Roofs
shall be gabled or hip roofs. Roofs shall be constructed of materials
designed to resemble slate shingles (which could include dimensional
asphalt shingles) or wood shingles or may be of standing seam metal
construction in a slate grey color. If an alternative color is proposed,
it shall be subject to a favorable recommendation from the Board's
Historical Architect and approval by the Board.
(e)
If shutters are provided, they shall be of painted wood or painted,
smooth-surfaced wood-like synthetic material and shall be proportioned
and hung so that, if and when closed, they would completely cover
the window. Shutters are not required. If shutters are not provided,
windows shall be trimmed out in painted wood or painted smooth-surfaced
wood-like synthetic material consistent with the architectural style
of the building.
(f)
Windows shall be double-hung (except where casement windows
are required for firesafety), and shall have simulated divided lights
on both the interior and exterior faces with spacers between the panes
of glass. The number of lights in each window shall be appropriate
to the architectural style of the building.
(g)
Windows on each floor shall all be of similar size and type,
unless an intervening smaller window serves an appropriate decorative
function, and shall all be similarly trimmed. Window placement shall
be such that there is balance and symmetry on all exterior facades.
Blank walls are prohibited. Windows, doors, porches, pilasters, cornices
and other horizontal and vertical building elements shall be used
to achieve a human scale and avoid monotony. Side and rear walls of
buildings shall have a composed pattern of windows appropriate to
the architectural style of the front facade of the building.
(h)
Exterior utility boxes, mechanical and electrical equipment,
and HVAC equipment shall be screened from view by architectural elements
and/or landscape plantings.
(i)
Each building shall be provided with a master cable or satellite
dish receiver system to avoid the necessity of individual receivers
being erected on the exterior of the building.
(j)
No structure or equipment of any kind shall be attached to the
finished exterior surface of the roof, walls or other portions of
any building unless specifically approved by the Board, except for
approved residential-style lighting fixtures; gutters and downspouts;
approved architectural features such as shutters and trim; structures,
fixtures or equipment required for compliance with the Uniform Construction
Code;[1] and/or a maximum of one satellite dish antenna per dwelling
unit, not exceeding one meter in diameter, located wholly within the
perimeter of an upper balcony or deck attached to and intended for
the exclusive use of the unit served by the dish antenna, and meeting
the following additional requirements:
[1]
No portion of the dish antenna may extend above the top of the
surrounding railing, unless the unit owner can demonstrate that in
the particular case of the unit in question, this requirement will
unduly impair reception; and
[2]
The satellite dish and all of its appurtenances must be painted
to blend with the background color of the area against which it is
mounted.
(k)
The architectural design and materials used in the construction
of garages, trash enclosures and other accessory structures shall
conform to the design and materials used in the construction of the
principal building(s).
(5)
Interior design standards.
(a)
Each dwelling unit shall contain complete kitchen facilities,
toilets, bathing and washing facilities for exclusive use by the occupants
as well as private living space. No portion of one dwelling unit shall
be shared with another.
(b)
Where practicable, and to maximize privacy within each unit,
bedrooms and living spaces in individual dwellings within the same
building shall be separated by such spaces as bathrooms, kitchens,
stairs or mechanical areas, and appropriate soundproofing shall also
be provided between units.
(c)
Space to accommodate a clothes washer and dryer and the hookups
for such facilities shall be provided within each dwelling unit.
(d)
Garages, where provided, shall include sufficient room for the
parking of at least one vehicle as well as bicycles, strollers, grills,
sporting equipment and the like. Where a garage is not provided for
a unit, that unit shall include an area for such storage that is accessible
to the ground level and that is separate and apart from any clothing,
linen, coat and cleaning closets provided.
F.
Energy efficiency. Development are encouraged to incorporate energy
efficient "green building" design to the extent practicable to reduce
long-term maintenance and utility costs. Suggestions for energy efficient
design may be found in the NJ Green Building Manual (greenmanual.rutgers.edu).
G.
Parking standards.
(1)
The parking requirements set forth in the Residential Site Improvement
Standards shall be applicable to all dwelling units. All required
parking spaces shall be provided on-site in designated garages and/or
parking spaces accessed from interior streets or driveways.
(2)
The parking of recreational vehicles and boats in driveways and common
parking lots shall be prohibited.
H.
Garbage disposal and recycling.
(1)
The owner or designated agent or the organization established to
own and maintain the open space(s) and other common elements within
the development shall provide and maintain in a neat and sanitary
condition, either outside of or within each apartment building, appropriate
containers for the orderly deposit, storage and removal of garbage
and recyclables. Said owner or designated agent or the organization
shall arrange and pay for the collection of garbage and recyclables
on a regular basis.
(2)
All containers located outside of the building shall be situated
and enclosed by masonry walls and landscaping so as to be obscured
from view from buildings, parking areas, streets and adjacent properties.
I.
Supervision and management of rental units. Developments that include
rental dwelling units shall have a designated management agent, which
agency may be located off-premises, provided that the name, address
and twenty-four-hour telephone contact numbers of said agent are posted
in several prominent locations within each building and registered
with the Borough Clerk and Borough Police Department.
J.
Signage.
(1)
Permitted signs shall be the same as for the R-1 and R-2 Zones.
(2)
All directional and nameplate signs shall be of wood or painted, smooth-surfaced wood-like synthetic material and shall be sized and placed in accordance with § 50-302 of this chapter.
(3)
No permanent development identification sign shall be permitted.
During construction only, a temporary sign announcing the development
and the names of the architect, builder, bank or other entity involved
in the development shall be permitted, provided such sign does not
exceed 32 square feet in area nor six feet in height and is placed
outside of any right-of-way line.
K.
Street furniture and lighting.
(1)
Appropriate site furnishings shall be incorporated into the site
plan for the development, which shall include bicycle racks and may
include flower boxes, arbors, planters, benches, fountains and decorative
pavement materials, as approved by the Board.
(2)
Site furnishings as listed above and lighting fixtures shall be consistent
in scale and architectural design with the buildings in the development
and constructed of materials reflecting the style of the buildings
on and adjacent to the property. Selection of site furnishings shall
consider durability, aesthetics, and long-term maintenance costs.
(3)
Lighting shall be residential in character, subdued and shielded
so as to prevent spillage into buildings and onto adjoining properties
and shall otherwise comply with the lighting requirements of the Land
Use Ordinance.
(4)
Lighting fixtures shall be mounted at the lowest appropriate height.
Freestanding lighting fixtures shall not exceed an overall height
of 12 feet.
L.
Fences, walls and hedges.
(1)
Fences and walls adjacent to a street or interior common driveway
or public sidewalk shall not exceed 2.5 feet in height. No interior
fence or wall shall be higher than 4.5 feet in height.
(2)
Fences shall be of a decorative metal in a traditional cast-iron
pattern or of decorative traditional wooden or simulated wood pickets.
The type of fence shall be selected to complement the architectural
style of the building(s). Fences shall be reinforced with larger posts
at corners, entrances and gates and at forty-foot intervals. No chain-link
fences shall be allowed.
(3)
Walls, if provided, shall be stucco, brick or local fieldstone or
faced with local fieldstone or a similar material as approved by the
Planning Board. If an alternative material is proposed, it shall be
reviewed and favorably recommended by the Planning Board's Historical
Architect and approved by the Planning Board.
M.
Affordable housing.
(1)
All new residential developments shall provide affordable housing
on-site at the rate of 20% of the total proposed dwelling units, if
the affordable units will be for sale, and at the rate of 15% of the
total proposed dwelling units, if the affordable units will be for
rent.
(2)
All affordable housing units shall be in full conformance with the Uniform Housing Affordability Controls (UHAC), except as to the percentage of very low-income housing units required, and with all regulations contained in Article XVI, Affordable Housing.
(3)
In the event that the applicable set-aside ratio results in a fraction
of an affordable unit being required, the developer shall round up
to the next whole number.
(4)
Where one affordable unit is provided, that unit shall be a low-income
unit. Where two affordable units are provided, one unit shall be a
very-low-income unit and one unit may be a moderate-income unit. Where
three affordable units are provided, one unit shall be a very-low-income
unit, one unit shall be a low-income unit, and one unit may be a moderate-income
unit.
N.
Landscaping.
(2)
Landscaping shall be used to soften the corners and edges of buildings.
(3)
Street frontages shall be planted with shade trees as recommended
on the Tree-Species-Planting-List.pdf and approved by the Borough's
Shade Tree Commission.
(4)
The landscaping plan shall be reviewed and shall receive a favorable
recommendation from the Planning Board's Landscape Architect and shall
be approved by the Planning Board. The landscaping plan shall consist
of native plants, trees and shrubs. Invasive species as defined by
the New Jersey Invasive Species Strike Team Do Not Plant List (https://www.fohvos.info/wp-content/uploads/2020/06/Strike_Team_Do_Not_Plant_List_2020_04_24-1.pdf)
shall be prohibited.
O.
Pedestrian circulation, bicycle racks.
(1)
All buildings shall have entrances accessed by means of a walkway
leading directly to the building from a common pedestrian walkway.
Walkways shall be provided along all streets and/or all interior driveways
and as needed to connect the buildings on the site to each other and
to any common parking areas and amenities provided. Sidewalks shall
also be provided as necessary both on- and off-site to facilitate
pedestrian movement and connections to the existing public sidewalk
system and to create opportunities for outdoor seating and gathering,
placement of street furniture, etc.
(2)
Parking areas and pedestrian walkways shall be designed as attractive
elements of the site in their own right with the use of trees, landscaping,
and various building materials and textures. The use of pervious or
partially pervious surfaces for walkways and parking areas is encouraged.
(3)
Bike racks shall be provided on the site to facilitate bicycle use.
P.
Ownership and management of common areas, common elements and open
space.
(1)
The areas, elements and/or open space in the development to be owned
and used in common by the individual owners in the development or
to be used in common by the occupants of the development but owned
by an independent corporate property owner or management agent, shall
have such common areas, common elements and/or common open space shown
on the site plan, fully dimensioned, and designated as to the area
of responsibility and the extent and type of ownership and such other
conditions of usage or occupancy which shall be legally established
and recorded therefor, and a description or plan of each such area
shall be filed separately or as part of the descriptive maps of the
development with the Tax Assessor. This requirement may be satisfied
by the filing of a master deed in connection with a condominium form
of ownership or by the filing of a declaration of covenants, conditions
and restrictions in connection with a homeowners' association, if
applicable.
(2)
The landowner shall provide for and establish an entity for the ownership
and maintenance or, if held under a condominium form of ownership,
for the maintenance alone, of all common areas, common elements and
open space for the benefit of residents of the development. Such entity
shall not be dissolved and shall not dispose of any open space, by
sale or otherwise (except to another entity conceived and established
to own and maintain the open space for the benefit of such development),
without first offering to dedicate same to the Borough of Frenchtown
or other government agency.
(3)
The regulations of N.J.S.A. 40:55D-43b. and c. shall be applicable
to the maintenance of any common open space.
(4)
As a condition of the approval of a proposed development, the Board
shall require the adoption of certain binding rules and regulations
or bylaws by the organization established to own and/or maintain common
open space and other common areas, elements and/or structures located
within the development. Such rules, regulations or bylaws shall not
be changed without prior approval of the Borough Council, to ensure
reasonable maintenance and adherence to any conditions of site plan
approval.
[Ord. No. 564, 9-6-2000]
A.
Purpose. This district is established in recognition of the historic
character and range of residential and nonresidential uses that already
exist in the Borough's downtown area; to encourage a continued mix
of uses which provides services and supplies to the immediate community
while retaining the attractiveness of the downtown area to tourists;
to retain and enhance the sense of place afforded by the Borough's
downtown area; and to promote pedestrian movement and activity within
and around the downtown. Standards for development are specifically
designed to promote the appropriate adaptive reuse of existing buildings
wherever possible and, when necessary, the construction of only complementary
new buildings compatible in scale and design with the character of
the historic district.
B.
Permitted uses.
[Amended 8-3-2016 by Ord.
No. 771; 9-5-2018 by Ord. No. 819; 11-7-2018 by Ord. No. 820; 6-5-2019 by Ord. No. 834]
(1)
The following retail uses, provided no single establishment shall
have a gross floor area exceeding 2,500 square feet or the area of
the first floor of any building existing as of January 1, 2000, whichever
is less:
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Antique shops
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Art/craft galleries and stores
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Artisan food and beverage production
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Bakery
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Bicycle/sporting goods shop
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Bookstore
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Camera shop
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Clothing store
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Coffee shop
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Computer supplies
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Cooking school
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Delicatessen
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Electronics store
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Fabric shop
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Florist
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Framing gallery
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Garden supply shop
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Gift shop/novelty store
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Gourmet food shop
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Grocery
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Health foods
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Hobby/craft supply shop
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Home furnishings/linens/tableware store
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Jewelry shop
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Lighting shop
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Liquor store
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Luggage/leather goods shop
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Music store
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Pet store
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Pharmacy
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Restaurant
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Secondhand store
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Shoe store
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Stationery store/office supply shop
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Tasting room
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Toy store
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Video rental
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(2)
The following service uses, provided no single establishment shall
have a gross floor area exceeding 2,500 square feet or the area of
the first floor of any building existing as of January 1, 2000, whichever
is less:
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Appliance repair
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Bank, savings and loan
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Barber/beautician
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Caterer
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Child-care center
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Dance school or studio
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Decorator
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Exercise studio
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Gymnastics school or studio
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Indoor entertainment
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Instructional use
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Laundromat
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Pet washing, self-service and full service, and pet grooming
shall be permitted along with the associated retail sales in the R-4A
Central Commercial Zone
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Photographer
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Printing/copy center
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Real estate brokers
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Shoe repair
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Travel agency
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Tattoo shop
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(3)
The following additional uses, provided such uses occupy only buildings
constructed prior to January 1, 2000:
(a)
Inn/hotel.
(4)
The following additional uses, provided such uses are located only above the ground level, unless expressly listed in Subsection B(1) or (2):
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Artisan food and beverage production
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Child-care center
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Coffee shop
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Digital makerspace
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Incubator space
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Instructional use
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Insurance agency
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Maker studio [see also Subsection C(3)]
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Medical office
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Office
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One- and two-bedroom apartments
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Restaurant
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(5)
The following uses if and only if such uses existed on the premises
as of January 1, 2000:
(a)
Dwellings (located wholly or partly on the ground level).
(6)
Permitted accessory uses.
(a)
One-story accessory buildings customarily incidental to the
business uses, including parking lots, parking garages for up to four
vehicles.
(b)
A cooking school may be an accessory use to an artisan food
or beverage production facility or a gourmet food shop.
(c)
Accessory uses permitted in the R-1 and R-2 Zones in conjunction
with any dwelling.
(7)
Municipal building, firehouse and other municipal public purpose
uses.
(8)
Municipal parks and playgrounds.
(9)
Groundwater remediation structures and equipment.
C.
Conditional uses.
[Amended 6-5-2019 by Ord.
No. 834]
D.
Area, yard and bulk requirements.
(1)
Yards for existing buildings.
(a)
Front: existing setbacks shall be maintained, provided that
no existing porch located along the front facade of a building shall
be enclosed or removed. Accessory buildings shall be set back at least
20 feet from the front building line.
(b)
Side: zero or, where a side yard is provided, a minimum of 12
feet for principal buildings; a minimum of three feet for accessory
buildings.
(c)
Rear: a minimum of 20 feet for principal buildings; a minimum
of three feet for accessory buildings.
(2)
Yards for new buildings.
(a)
Front: a maximum setback of not more than one foot from the
street line. An unenclosed porch may intervene between the street
line and the front facade of the main building, provided that the
front facade of the main building shall be not more than eight feet
from the street line. Accessory buildings shall be set back at least
20 feet from the front building line.
(b)
Side: zero or, where a side yard is provided, a minimum of three
feet for principal buildings; a minimum of three feet for accessory
buildings.
[Amended 6-5-2019 by Ord.
No. 834]
(c)
Rear: a minimum of 20 feet for principal buildings; a minimum
of three feet for accessory buildings.
(4)
Minimum required floor area for any new building: 2,500 square feet,
at least half of which shall be located above the first floor.
(5)
Maximum permitted floor area for any new or expanded building: 10,000
square feet, at least 2/3 of which shall be located above the first
floor. A lot may contain more than one principal building.
(6)
Maximum building height: three stories and 35 feet or, if erected
prior to January 1, 2000, the existing building height, whichever
is greater.
(7)
Minimum and maximum floor area ratios.
(a)
For lots of 5,000 square feet or less in area: a minimum sufficient to ensure compliance with Subsection D(4) and a maximum of 1.00.
(b)
For lots greater than 5,000 square feet and less than or equal to 10,000 square feet: a minimum sufficient to ensure compliance with Subsection D(4) and a maximum of 1.00 for the first 5,000 square feet of lot area and 0.70 for the balance of the lot area.
(c)
For lots greater than 10,000 square feet: a minimum sufficient to ensure compliance with Subsection D(4) and a maximum of 1.00 for the first 5,000 square feet of lot area, 0.70 for the second 5,000 square feet of lot area and 0.50 for the balance of the lot area.
(d)
The above provisions notwithstanding, where any existing building
is proposed to be restored and reused and the Board finds that the
restoration of the building will enhance the building's architectural
contribution to the Frenchtown National Register Historic District,
the existing floor area ratio on the lot, whether conforming or not,
may be permitted to be increased up to another 0.10 to facilitate
such restoration.
(e)
The above provisions notwithstanding, for any new or existing
building for which the applicant will provide the required parking
within an intra-block public or common parking lot to which a portion
of the subject property will be dedicated, up to an additional 0.10
floor area ratio shall be permitted on the lot and such additional
floor area shall be exempt from any parking requirements; provided,
however, that sufficient off-street parking spaces shall be provided
by the applicant to accommodate all of the rest of the floor area/uses
within the building. Alternatively, where the applicant will not be
constructing any additional floor area but nevertheless proposes to
provide the required parking within an intra-block public or common
parking lot to which a portion of the subject property will be dedicated,
20% of the nonresidential floor area of the existing building shall
be exempted from any parking requirement.
(f)
The above provisions notwithstanding, the area of any accessory
child-care center shall be exempted from the floor area ratio and
parking requirements of this chapter.
E.
Uses prohibited in R-4A Zone: any use not specifically permitted
including drive-through and drive-up windows.
[Amended 6-5-2019 by Ord.
No. 834]
H.
Special design standards. The special design standards set forth herein shall apply in addition to the standards set forth in Article VII, except that where there is a conflict between standards, the requirements of this section shall supersede. The standards presented herein recognize the unique heritage and historic character of development that has evolved in the Borough of Frenchtown. To preserve and enhance that character, the following guidelines for building design and facade treatment, lighting and street furniture shall be considered by the Board in its review of any proposed development or renovations within this district.
(1)
Building massing and scale.
(a)
Expansive blank walls and curtain walls are prohibited. Facades
shall be broken down into segments through the use of fenestration,
ornamentation and other design features.
(b)
Flat, shed, gambrel and mansard roofs are prohibited unless
preexisting or demonstrated to be consistent with the traditional
architectural style of buildings on the property and adjacent to it.
Otherwise, new roofs shall be gabled or hip roofs.
(c)
A human scale shall be achieved at ground level through the
use of design elements such as porches, windows, doors, columns, awnings
and canopies.
(d)
For new buildings, the ratio of the height of various building
elements to their widths shall be 1.618.
(e)
Side and rear elevations of buildings shall be given appropriate
architectural treatment, which shall be comparable to that of the
front façade if visible to the public.
(2)
Building materials.
(a)
Building materials shall be compatible with the predominant
materials already used on structures on the site and adjacent to it.
In the absence of such precedent, materials used shall be clapboard
with wood trim.
(b)
Original materials shall be retained or recycled wherever possible.
(c)
Aluminum siding, vinyl or vinyl-coated siding, metal panels
and mirrored glass exterior surfaces are prohibited.
(d)
Metal and vinyl awnings are prohibited. Awnings shall be of
solid or striped canvas, extending no more than four feet from the
building facade and located no less than eight feet above the ground.
(3)
Building details.
(a)
If several storefronts are located in one building, they shall
be unified in design treatment (e.g., the design of windows and door
openings; the use of materials and color).
(b)
All new storefronts shall include display windows with a sill
height not more than two feet above grade.
(c)
Surface detailing shall be integral with the structure and functional
rather than applied for decorative purposes. Original details shall
be retained and repeated in new construction.
(d)
Exterior-mounted mechanical and electrical equipment shall be
architecturally screened. Fire escapes shall be prohibited on the
front or street-facing facades of buildings.
(e)
The rhythm of entrances, storefronts, windows, canopies and
awnings of new or renovated facades shall be consistent with the prevailing
rhythm of such elements along the block.
(4)
Signs.
(a)
Signs shall be of wood and shall be sized and placed in accordance with § 50-302 of this chapter.
(b)
The design of a sign shall be subservient to and consistent
with the building it serves.
(c)
Where a building requires several different signs, they shall
be thematically linked and shall be similar in materials, color and
method of lighting.
(5)
Color. The painting of buildings in bold colors, patterns, trademark designs or other treatments of buildings as signs shall be prohibited except as artifacts of the building's past use or character if approved by the Board, subject to the requirements of § 50-302I.
(6)
Street furniture and lighting.
(a)
All street furniture (benches, newspaper boxes, phone booths,
trash receptacles, etc.) and lighting fixtures shall be consistent
in scale and architectural design and constructed of or enclosed with
materials reflecting the style of the buildings on and adjacent to
the property.
(b)
Lighting shall be subdued and shielded so as to prevent spillage
onto adjoining properties unless specifically approved for that purpose
by the Board.
(c)
Lighting fixtures shall be mounted at the lowest appropriate
height. No lighting fixture, whether mounted on a freestanding pole
or attached to the building, shall be placed above the soffit line
of the principal building.
[Ord. No. 564, 9-6-2000]
A.
Purpose. This district encompasses lots that are peripheral to the
Borough's downtown area and therefore provide a dual function. They
both offer any appropriate location for somewhat larger buildings
than contemplated for the R-4A Zone, which buildings need not necessarily
accommodate retail uses on the ground floor, and, due to their role
as transitional lots to abutting residential areas, require greater
setbacks and buffering from residential zones. The purpose for the
R-4A Zone with respect to the adaptive reuse of existing buildings
applies in the R-4B Zone as well.
B.
Permitted uses.
(2)
The following additional retail uses, provided no single establishment
shall have a gross floor area exceeding 5,000 square feet or the area
of any building existing as of January 1, 2000, whichever is less.
(3)
The following additional service uses, provided no single establishment
shall have a gross floor area exceeding 5,000 square feet or the area
of any building existing as of January 1, 2000, whichever is less.
D.
Area, yard and bulk requirements.
(1)
Yards for existing buildings shall be as provided at § 50-404D(1).
(2)
Yards for new buildings.
(a)
Front: a minimum setback of five feet from the street line and
a maximum setback not exceeding the average setback of the closest
building(s) on the same street. An unenclosed porch may intervene
between the street line and the front facade of the main building
within the minimum front yard setback.
(b)
Side: zero or, where a side yard is provided, a minimum of 12
feet for principal buildings; a minimum of three feet for accessory
buildings; and a minimum of 10 feet for both principal and accessory
buildings adjacent to a residential district.
(c)
Rear: a minimum of 20 feet for principal buildings; a minimum
of three feet for accessory buildings, except adjacent to a residential
district, where the minimum shall be 10 feet.
(3)
Minimum lot requirements for new lots shall be as provided at § 50-404D(3).
(4)
The requirements of § 50-404D(4) through (7) with respect to minimum and maximum floor areas for new buildings, maximum building height and minimum and maximum floor area ratios shall also be applicable in this district.
E.
Uses prohibited in R-4B Zone: any use not specifically permitted.
[Ord. No. 564, 9-6-2000]
A.
Purpose. This district encompasses properties in a satellite commercial
area located at the northern edge of the Borough of Frenchtown. In
view of this district's proximity to residential areas in Frenchtown,
the special design standards of the R-4A and R-4B Zones shall be applicable
to this district, but the bulk requirements shall differ. It is expected
that developments in the R-4C Zone will provide on-site off-street
parking.
D.
Area, yard and bulk requirements.
(1)
Yards.
(a)
For all new principal buildings or additions to existing principal
buildings, the minimum front yard setback shall be 20 feet.
(b)
For all new principal buildings or additions to existing principal
buildings, the minimum side yard setback shall be 12 feet on one side
and 16 feet combined for both sides.
(c)
For all new principal buildings or additions to existing principal
buildings, the minimum rear yard setback shall be 20 feet.
(d)
For all accessory buildings, the required setbacks shall be
three feet from a side or rear lot line and a minimum of 20 feet behind
the front building line.
(e)
For all existing principal and accessory buildings, the existing
setbacks may be continued, provided there is no further encroachment
into any of the required yards as set forth above.
(2)
Minimum lot requirements for new lots shall be as set forth at § 50-404D(3).
(3)
Minimum required floor area for any new building: 2,500 square feet,
of which at least half shall be located above the first floor.
(4)
Maximum permitted floor area for any new or expanded building: 10,000
square feet, at least half of which shall be located above the first
floor. A lot may contain more than one principal building.
(5)
Maximum building height: three stories and 35 feet, or, if erected
prior to January 1, 2000, the existing building height, whichever
is greater.
(6)
Minimum and maximum floor area ratios: the minimum floor area ratio shall be sufficient to ensure conformance with Subsection D(3) above and the maximum floor area ratio shall be 0.35, except that where an existing building causes the lot to deviate from the minimum or maximum, the floor area ratio as it existed on January 1, 2000, shall be permitted on the lot for as long as the existing building is retained.
(7)
Maximum impervious surface coverage: 70% of the lot area.
E.
Uses prohibited in R-4C Zone: any use not specifically permitted.
G.
Parking.
(1)
All uses shall provide required off-street parking on-site in accordance with § 50-306, provided that, where off-street parking will be located such that it will be visible from a street, said parking shall be screened from direct view by a hedge at least four feet in height at time of planting.
(2)
Adjoining parking areas shall be linked where possible.
[Ord. No. 564, 9-6-2000]
A.
Purpose. The purpose of this district is to acknowledge existing industrial sites and buildings in the Borough of Frenchtown which provide space for a number of small enterprises while regulating the reuse or redevelopment of these sites and buildings in a manner which will promote a more desirable visual environment, safeguard public health and safety, and include required off-street parking, loading, buffering and landscaping and low-level, nonintrusive lighting. Only uses considered to have a low impact relative to the performance standards set forth at § 50-308 shall be permitted in this district.
B.
Permitted uses.
(1)
Machine or woodworking shop.
(2)
Fabricating of light metals.
(3)
Electronic assembly.
(4)
Mechanical assembly.
(5)
Storage of personal or local business inventory.
(6)
Packaging.
(7)
Research and development laboratories not using or producing any
hazardous, toxic or noxious substances.
(8)
Medical laboratories.
(9)
Offices.
(10)
Electrical, painting and plumbing contractors.
(11)
Indoor commercial recreational uses.
(12)
Accessory uses and one-story accessory buildings customarily
incidental to the permitted business uses, including parking lots,
parking garages for up to four vehicles and child-care centers.
(13)
Municipal building, firehouse, public works garage and/or storage
yard or other municipal public purpose uses.
(14)
Municipal parks and playgrounds.
(15)
Groundwater remediation structures and equipment.
D.
Area, yard and bulk requirements. As specified in the Schedule of Area, Yard and Building Requirements (§ 50-203), in addition to the following:
(1)
One building may contain more than one use, provided that each use
occupies a minimum gross floor area of 500 square feet. Moreover,
the site may contain more than one principal building, provided that
the maximum floor area ratio and impervious surface coverage limits
for the zone are not exceeded.
(2)
The maximum floor area ratio on the site shall not exceed 0.50.
(3)
The maximum impervious surface coverage on the site shall not exceed
70%.
(4)
No principal building shall exceed 30 feet in height and two stories.
(5)
No principal building shall exceed 30,000 square feet in size.
E.
Special design standards.
(3)
Loading docks shall be located to the rear of principal buildings.
(4)
A minimum of one and maximum of three loading docks shall be provided
for each principal building.
(5)
Access to parking lots shall be separated from access to loading
docks to the extent possible.
(6)
All portions of the property not utilized by buildings or paved surfaces
shall be landscaped utilizing combinations such as fencing, shrubbery,
lawn area, ground cover, contours, existing foliage and the planting
of conifers and/or deciduous trees native to the area in order to
either maintain or reestablish the tone of vegetation in the area
and lessen the visual impact of the structures and paved areas. The
final grades on the site shall be planned for both aesthetic and drainage
purposes.
(7)
A buffer of 20 feet (minimum) shall be provided along any common lot line with a residential use or zone. Said buffer shall include screening in compliance with the requirements of § 50-707.
(8)
Buildings in this district shall be finished on all four sides with
equivalent materials and shall be painted in a subdued color. Each
building shall have one or more clearly demarcated public entrance(s)
with pedestrian walkways leading between the parking lot and the entrance(s)
and between the street and the entrance(s). Such pedestrian walkways
shall be a minimum of four feet in width and shall be constructed
of bituminous concrete or macadam unless a decorative paving alternative,
acceptable to the Borough Engineer, is proposed.
(9)
If a fence in excess of six feet in height is erected within a front
or side yard, evergreen shrubbery shall be planted between the fence
and the street or adjoining property line to soften its impact.
(10)
Metal and vinyl awnings, aluminum, vinyl or vinyl-coated siding,
metal panels and mirrored glass exterior surfaces shall be prohibited
in this zone. Masonry construction is preferred.
(11)
Exterior mechanical and electrical equipment and utility structures
shall be architecturally screened from public view.
[Added 5-6-2009 by Ord.
No. 663]
A.
Applicability and purpose.
(1)
Applicability. These overlay zone regulations are applicable
only to designated portions of the R-5 and R-2 Zones lying between
Harrison Street and the Delaware River and shown as overlay zones
on the Zoning Map for the Borough of Frenchtown.
(2)
Purpose.
(a)
The purpose of the overlay zone regulations is to allow the
existing uses of the land to continue to operate consistent with the
underlying R-2 or R-5 Zone regulations, as applicable, but to provide,
as well, for redevelopment opportunities of the land in the overlay
zones at such time as the sites in the overlay zones are no longer
used or considered by their owners to be viable for their current
purposes. To this end, the overlay zones will permit development/redevelopment
that achieves two objectives:
[1]
To promote redevelopment along Harrison Street
with residential uses, forms and densities that are consistent with
and complementary to the residential uses, forms and densities already
existing along Harrison Street; and
[2]
To create selective opportunities closer to the
Delaware River and away from Harrison Street for adaptive reuse of
existing industrial structures and/or construction of new structures
comparable in size and scale to existing industrial structures found
within the R-5 Zone that can house new residential uses at higher
densities than exist or are proposed along Harrison Street.
(b)
To achieve these objectives, two separate overlay zones have
been created. It is the express intention that all development and
redevelopment that occurs in these overlay zones will occur in an
organic and evolutionary manner so that new development will blend
seamlessly with older development within the Borough of Frenchtown.
To this end, developers and redevelopers are encouraged to subdivide
parcels for piecemeal development by multiple builders, subject to
an overarching design plan and architectural controls, rather than
create a single integrated development package.
B.
Permitted principal and accessory uses.
(1)
Within Overlay Zone A, each principal and accessory use allowed in the R-2 Zone, subject to the regulations of Subsection E below for such development.
(2)
Within Overlay Zone B:
(a)
Multifamily dwellings, townhouses and attached single-family
dwellings, which may include, within the principal building, structured
or garaged parking.
(b)
Parking lots, maintenance buildings and other common facilities
customarily incidental to a multifamily, townhouse or attached single-family
residential development.
(c)
Relocated existing wireless telecommunications "stealth" towers
and rooftop antennas, subject to site plan approval.
D.
Development requirements for both overlay zones.
(1)
Tract area. The tract area for any development under the overlay
zone requirements of this section shall encompass the entirety of
the land within any tax block having any overlay zone designation
and controlled by a single owner or developer.
(2)
Density.
(a)
In Overlay Zone A, the density of development shall not exceed
7.0 dwelling units per gross acre of land proposed to be developed
in Overlay Zone A.
(b)
In Overlay Zone B, the density of development shall not exceed
24 dwelling units per gross acre of land proposed to be developed
in Overlay Zone B.
(3)
Utility services. All development under the overlay zone requirements
shall be connected to public water and sanitary sewerage systems.
E.
Development requirements for Overlay Zone A.
(1)
Lot and yard requirements.
(a)
The minimum lot size for a single-family dwelling shall be 6,000
square feet and for each half of a two-family dwelling shall be 3,250
square feet.
(b)
The minimum lot width for a single-family dwelling shall be
55 feet and for each half of a two-family dwelling shall be 30 feet.
(c)
The minimum lot depth shall be 85 feet.
(d)
The minimum front yard setback shall be eight feet from the
right-of-way of the abutting street and 12 feet from the house edge
of the sidewalk line along the abutting street. The maximum front
yard setback shall be 15 feet from the right-of-way of the abutting
street and 20 feet from the house edge of the sidewalk line along
the abutting street. Setbacks are encouraged to be varied slightly
within these parameters. Porches shall be excluded from the measurement
of the front yard setback.
(e)
The minimum side yard setback for a principal building shall
be five feet where a setback is provided. The total of both side yards
shall be a minimum of 10 feet for single-family homes and a minimum
of five feet for each half of a two-family dwelling.
(f)
The minimum rear yard setback for a principal building shall
be 35 feet.
(g)
Eaves, fireplaces, cantilevered structures and similar features
shall be permitted to encroach a maximum of 18 inches into the front,
side and rear setbacks.
(2)
Building and impervious surface coverage.
(3)
Building height. No building shall exceed 2 1/2 stories
and 38 feet in height, exclusive of chimneys or cupolas.
F.
Development requirements for Overlay Zone B.
(1)
Building separations and setbacks.
(a)
There shall be a distance of not less than 20 feet between the
short walls of principal buildings.
(b)
There shall be a distance of not less than 50 feet between the
long walls of principal buildings.
(c)
Where a short wall faces a long wall, the minimum distance between
the buildings shall be 40 feet.
(d)
The above provisions notwithstanding, the minimum distance between
buildings on either side of the extension of Ninth Street toward the
Delaware River shall be 60 feet and the minimum building setback from
any public street shall be 30 feet.
(e)
The minimum building setback from a parking area or internal
street shall be 10 feet.
(f)
The minimum side or rear yard setback of any building from a
property line that is not a street shall be five feet.
(2)
Building and impervious surface coverage.
(a)
The area devoted to all buildings and structures shall not exceed
35% of the tract area in Overlay Zone B.
(b)
The area devoted to all buildings, structures, parking lots,
driveways, pathways and other compacted surfaces, whether paved or
unpaved, shall not exceed 60% of the tract area in Overlay Zone B.
(3)
Building height. No building shall exceed three residential
stories, provided that the residential stories may be constructed
over one level of structured parking, for a total of four stories,
and further provided that the uppermost residential level shall not
cover more than 75% of the roof surface of the level below. The maximum
height of the residential floors of the building above the garage
level shall be 40 feet measured from the finished floor elevation
of the first residential level. Elevator shafts, roof-mounted mechanicals,
cornices and parapets may be excluded from the calculation of building
height. Separate buildings sharing a common elevator/service core
may be separately measured.
(4)
Building sizes, scale and dimensions. The maximum width of any
individual building shall not exceed 190 feet, and the maximum depth
of any individual building shall not exceed 85 feet.
(5)
Locations of dwellings. No dwelling unit shall be confined exclusively
to a basement or cellar.
G.
Additional regulations for mixed-use live/work buildings in Overlay
Zone A.
(1)
The permitted nonresidential use within the live/work building
must occupy all or part of the ground floor level only and must face
either Harrison Street or Eighth Street.
(2)
Permitted nonresidential uses within the live/work building
shall be limited to the studio, workshop, office, showroom or gallery
of a residential occupant of the building and the following uses,
provided the business owner is also a residential occupant of the
building:
(3)
At least one entrance shall be provided to the building that
is exclusive to the residential use within the live/work building.
(4)
Parking need not be provided for the nonresidential use within
the live-work building, as long as the residential parking requirement
is met.
(5)
If the front of the building is designed to have a storefront
appearance, the first floor facade shall have a large, clear, glass
window or windows occupying 50% to 70% of the first floor wall area
to display goods. Large blank walls are prohibited. Storefront windows
may be either typical large, single-paned windows or may have multiple
smaller panes separated by mullions. All multiple-paned windows shall
have true divided lights.
(6)
A shop front should be separated from the second floor above
by a horizontal architectural element such as a cornice, frieze, molding,
etc. If awnings or canopies are provided, they shall be of canvas
or a modern material that mimics canvas with traditionally dyed colors
in solids or stripes. Metal and vinyl awnings are prohibited.
H.
Architectural standards.
(1)
Dwellings within Overlay Zone A.
(a)
Each lot shall have a clearly defined front yard using hedges,
walls or fencing.
(b)
Each building shall have a roofed front porch with balustrades.
The porch shall be at least five feet deep and shall occupy at least
75% of the front facade of the building.
(c)
Each dwelling shall be of clapboard or clapboard-like material
and shall have articulated corners and base. The ground floor of each
dwelling shall be raised off the ground plane a minimum of two feet,
and the exposed foundation shall have a finished surface.
(d)
Flat, shed, gambrel and mansard roofs are prohibited unless
preexisting or demonstrated to be consistent with the traditional
architectural style of the buildings already on the property or adjacent
to it. Otherwise, new roofs shall be gabled or hip roofs. Roofs shall
be constructed of materials designed to resemble slate or wood shingles
or may be of standing seam metal construction in a copper or bronze
color.
(e)
If shutters are provided, they shall be of wood or wood-like
cementitious or vinyl material and shall be proportioned and hung
so that, when closed, they will completely cover the window. If shutters
are not provided, windows shall be trimmed out in wood or wood-like
cementitious or vinyl material consistent with the architectural style
of the building.
(f)
Windows shall be double hung (except where casement windows
are required for firesafety), and shall have true divided lights,
with the number of lights in each window determined by the architectural
style of the building.
(g)
Windows shall all be of similar size and type, unless an intervening
smaller window serves an appropriate decorative function, and shall
all be similarly trimmed. Window placement shall be such that there
is balance and symmetry on all exterior facades.
(2)
Dwellings and buildings within Overlay Zone B.
(a)
Each dwelling unit shall contain complete kitchen facilities,
toilets, bathing and washing facilities for exclusive use by the occupants
as well as private living space. No portion of one dwelling unit shall
be shared with another.
(b)
Each dwelling unit shall have at least one exterior wall and
at least two means of access to the out of doors, one of which may
be an elevator plus a staircase from a common hallway, and one of
which shall be an exterior door, window or balcony from the unit itself.
(c)
Where practicable, and to maximize privacy within each unit,
individual dwellings shall be separated from one another by such spaces
as bathrooms, kitchens, stairs or mechanical areas within the unit.
(d)
Clothes-washing and drying facilities shall be provided within
each unit or, if not within each unit, on each floor.
(e)
Conveniently accessible, lockable individual storage areas for
bulky personal items, such as but not limited to bicycles, strollers,
grills, sporting equipment and the like, shall be provided on the
garage or ground floor level of each building at the rate of one such
storage area per unit within the building. Each individual storage
area shall contain a minimum of 300 cubic feet, excluding any space
required for the parking of vehicle(s), if located within a garage.
(f)
Except for existing buildings that are being adaptively reused,
building materials shall be of local stone, brick, wood or wood-like
cementitious or vinyl material. Aluminum siding, metal panels and
mirrored glass exterior surfaces are prohibited. Samples of the materials
to be used in construction shall be provided to the Board at the time
of site plan review.
(g)
Exterior or roof-mounted mechanical, electrical and HVAC equipment,
including elevator shafts, shall be architecturally screened from
view with parapets or rooflines.
(h)
Each building shall be provided with a master television antenna
cable or receiver system to avoid the necessity of individual television
antennas or receivers being erected on the exterior of the building.
(i)
Attachment of structure or equipment to exterior finished surfaces.
[1]
No structure or equipment of any kind shall be
attached to the finished exterior surface of the roof, walls or other
portions of any building other than: approved exterior or roof-mounted
mechanical, electrical and HVAC equipment, including elevator shafts;
approved residential-style lighting fixtures; gutters and downspouts;
approved architectural treatments such as shutters and trim; structures,
fixtures or equipment required for compliance with the Uniform Construction
Code;[1] and/or a maximum of one satellite dish antenna per unit,
not exceeding one meter in diameter, located wholly within the perimeter
of a deck, balcony or patio attached to and intended for the exclusive
use of the unit served by the dish antenna, and meeting the following
additional requirements:
[a]
Such deck, balcony or patio must be surrounded
by a railing not exceeding 36 inches in height or the minimum height
required by the Uniform Construction Code, whichever is greater;
[b]
No portion of the dish antenna may extend above
the top of the surrounding railing, unless the unit owner can demonstrate
that in the particular case of the unit in question, this requirement
will unduly impair reception; and
[c]
The satellite dish and all of its appurtenances
must be painted to blend with the background color of the area against
which it is mounted.
[2]
The provisions of this subsection shall not preclude
the relocation of an existing wireless telecommunications tower to
a "stealth" tower approved by the Planning/Zoning Board of Adjustment
during site plan review nor shall it preclude the relocation of existing
wireless communications antennas to the rooftop of any building in
Overlay Zone B.
(j)
The exteriors of all buildings shall be collectively designed
to provide a visual diversity that is nevertheless consistent with
local architectural styles.
(k)
Each individual building shall have its own unified design and
shall have quoined corners and an articulated base. The ground floor
of each new building shall be raised off the ground plane a minimum
of two feet, and the exposed foundation level shall be finished.
(l)
New buildings shall be designed to avoid unbroken lines. At
least two offsets of at least four feet each shall be provided along
all front and rear facades of new buildings, and such offsets shall
have quoined corners. Blank walls are prohibited. Windows, doors,
porches, pilasters, cornices and other horizontal and vertical building
elements shall be used to achieve a human scale and avoid monotony.
Side and rear walls of buildings shall be given appropriate architectural
treatment comparable to that used on the front facade of the building.
Window placement shall be such that there is balance and symmetry
on all exterior facades.
(m)
If ground floor entrances are provided to any of the residential
units, such entrances shall be clearly articulated with covered stoops
or porches and defined front yard areas using hedges, walls or low
fencing.
(n)
Flat, shed, gambrel and mansard roofs are prohibited unless
preexisting or demonstrated to be consistent with the traditional
architectural style of the buildings already on the property or adjacent
to it, except that buildings in excess of three stories may have a
flat roof. Otherwise, new roofs shall be gabled or hip roofs. Where
flat roofs are provided, they are encouraged to be designed and used
as "green" roofs available for use by all residents of the building
as a passive or active recreational amenity. Permitted gabled or hip
roofs shall be constructed of materials designed to resemble slate
or wood shingles or may be of standing seam metal construction in
a copper or bronze color.
(o)
For existing buildings that are being adaptively reused, original
building materials and trim shall be retained and recycled wherever
possible. Additions shall be designed to blend as closely as possible
with the architecture of the original building.
(p)
If shutters are provided, they shall be of wood or wood-like
material and shall be proportioned and hung so that, when closed,
they will completely cover the window. If shutters are not provided,
windows shall be trimmed out in wood or wood-like material consistent
with the architectural style of the building.
(q)
Windows shall be double hung (except where casement windows
are required for firesafety), and shall have true divided lights,
with the number of lights in each window determined by the architectural
style of the building.
(r)
Windows on all sides of the buildings shall be sized and trimmed
in a manner consistent with the architectural style of the building.
I.
Parking standards.
(1)
Parking standards in Overlay Zone A.
(a)
The parking requirements set forth in the Residential Site Improvement
Standards shall be applicable to dwelling units in Overlay Zone A.
(b)
A garage may either be provided as a separate structure or attached
to the principal structure, but in either case shall be located entirely
behind the rear plane of the principal building.
(c)
Required parking shall not be provided in the front yard of
a building. This shall not be construed to prohibit the use of a residential
driveway not exceeding 20 feet in width for the parking of vehicles
at any time.
J.
Accessory structures.
(1)
The architectural design and materials used in the construction
of garages and other accessory buildings shall conform to the design
and materials used in the construction of the principal buildings
to which such structures relate.
(2)
Setbacks for accessory structures in Overlay Zone A shall be
five feet from the rear lot line and two feet from the side lot line.
(3)
Setbacks for accessory structures in Overlay Zone B shall be
the same as for the principal buildings, and accessory structures
shall not be located closer to each other nor to any principal building
in Overlay Zone B than 20 feet.
(4)
No accessory structure shall exceed 1 1/2 stories and 22
feet in height.
K.
Garbage disposal and recycling (applicable to Overlay Zone B only).
(1)
The owner or designated agent or the organization established
to own and maintain the open space(s) and other common elements within
the Overlay Zone B portion of the development shall provide and maintain
in a neat and sanitary condition, either outside of the buildings
or within each building, appropriate containers for the orderly deposit,
storage and removal of garbage and recyclables. Said owner or designated
agent or the organization shall arrange and pay for the collection
of garbage and recyclables on a regular basis.
(2)
All containers located outside of the building shall be situated
and enclosed by masonry walls and landscaping so as to be obscured
from view from buildings, parking areas, streets and adjacent properties.
L.
Supervision and management of rental units (applicable to Overlay
Zone B only).
(1)
Developments of rental dwelling units shall have a designated
management agent, which agency may be located off-premises, provided
that the name, address and twenty-four-hour telephone contact numbers
of said agent are posted in several prominent locations within each
building and registered with the Borough Clerk and Borough Police
Department.
(2)
A condominium development in which an individual unit may be
separately rented by its owner shall not be subject to this requirement.
M.
Signage.
(1)
Permitted signs in Overlay Zone A shall be the same as for the
R-1 and R-2 Zones.
(2)
All directional and nameplate signs shall be of wood or wood-like materials and shall be sized and placed in accordance with § 50-302 of this chapter.
(3)
In Overlay Zone B, no permanent development identification sign
shall be permitted. During construction within Overlay Zone B, a temporary
sign announcing the development and the names of the architect, builder,
bank or other entity involved in the development shall be permitted,
provided such sign does not exceed 32 square feet in area nor six
feet in height and is placed outside of any right-of-way line.
N.
Street furniture and lighting (applicable to Overlay Zone B only).
(1)
Appropriate street and site furnishings shall be incorporated
into the site plan for the development including flower boxes, arbors,
planters, benches, waste and recyclable receptacles and decorative
pavement materials. All utility boxes and HVAC exterior equipment
shall be screened by architectural elements or landscape plantings.
(2)
Street furniture (benches, trash receptacles, etc.) and lighting
fixtures shall be consistent in scale and architectural design with
the buildings in the development and constructed of materials reflecting
the style of the buildings on and adjacent to the property. Selection
of street furniture shall also consider durability, aesthetics, and
long-term maintenance costs.
(3)
Lighting shall be subdued and shielded so as to prevent spillage
into buildings and onto adjoining properties and shall otherwise comply
with the lighting requirements of this Land Use Ordinance.
(4)
Lighting fixtures shall be mounted at the lowest appropriate
height. No freestanding lighting fixture shall be higher than 12 feet.
O.
Fences, walls and hedges.
(1)
Fences or walls shall be used to delineate private front, side
and rear yard areas whether on individual lots or in multifamily or
townhouse buildings with ground floor entrances to the units. Fences
and walls located in front of the front building line shall be a maximum
of three feet high. No fence or wall shall be higher than five feet.
(2)
Fences shall be of a decorative metal in a traditional cast-iron
pattern or a decorative wooden picket type. The type of fence shall
be selected to complement the architectural style of the building(s).
Fences shall be reinforced with larger posts at corners, entrances
and gates and at forty-foot intervals. No chain-link fences shall
be allowed.
(3)
Walls shall be faced with fieldstone. Alternatively, hedges
may be planted. Plant material used for hedges shall be at least two
feet high at the time of planting and allowed to grow no higher than
four feet.
P.
Affordable housing.
(1)
All new residential developments shall provide affordable housing
on-site at the rate of 20% of the total proposed dwelling units, if
the affordable units will be for sale, and at the rate of 15% of the
total proposed dwelling units, if the affordable units will be for
rent. All affordable housing units shall be in full conformance with
the Rules of the Council On Affordable Housing (COAH) rules and Uniform
Housing Affordability Controls (UHAC).
(2)
In the event that the applicable set-aside ratio results in
a fraction of an affordable unit being required, the developer may
either provide an additional whole affordable unit on site or make
a proportional payment in lieu of the fractional obligation. The amount
of the payment in lieu shall be determined using the presumptive payment
in lieu for Region 3 in COAH's Rules as the multiplicand and the fraction
of a unit due as the multiplier. The result shall be the payment in
lieu.
(3)
Any required payment in lieu shall be made prior to the issuance
of the first construction permit for the development.
(4)
Frenchtown Borough shall deposit all payments in lieu of fractional
obligations into the Borough's dedicated Affordable Housing Trust
Fund and shall hold such payments in the trust fund until approval
of a spending plan is granted by COAH. Thereafter, such funds shall
be used for any purpose permitted by COAH in furtherance of the provision
of affordable housing within the Borough.
Q.
Open space, buffering and landscaping.
(1)
Landscaping, including the provision of street trees, shall be in conformance with § 50-707 of this chapter.
(2)
Landscaping shall be used to soften the corners and edges of
buildings.
(3)
Street frontages shall be planted with street trees of medium
height such as Amur maple (Acer ginnala), Japanese Scholar tree (Sophora
japonica), Green ash (Fraxinus caroliniana), etc., at an average spacing
of 25 feet to 30 feet.
R.
Views. Views from other properties through the site to the river
or to other open space adjacent to the overlay zones shall be maintained
and enhanced whenever possible through the arrangement of lots, streets
and buildings. Eighth and Ninth Streets shall be constructed where
not completed and shall be extended, where applicable, to facilitate
views and access; required setbacks shall be measured from the street
lines of such streets or extensions thereof.
S.
Pedestrian circulation.
(1)
All buildings are required to have entrances accessed by means
of a walkway leading directly to the building from a public or semipublic
pedestrian walkway. Within Overlay Zone B, pedestrian walkways shall
also be provided between all buildings and along all streets and/or
all interior driveways and as needed to connect the buildings on the
site to the surrounding neighborhood(s).
(2)
Parking areas and pedestrian walkways shall be designed as attractive
elements of the site in their own right with the use of trees, landscaping,
and various building materials and textures. The use of pervious or
partially pervious surfaces for walkways and parking areas is encouraged.
(3)
Existing sidewalks shall be connected wherever there are gaps
and missing links. Within Overlay Zone B, sidewalks shall extend from
the building facade or interior alleys or mews to the curb for the
purposes of facilitating pedestrian movement and creating opportunities
for outdoor seating and gathering, placement of street furniture,
etc.
T.
Ownership and management of common areas, common elements and open
space (applicable to Overlay Zone B only).
(1)
The areas, elements and/or open space in the development to
be owned and used in common by the individual owners in the development
or to be used in common by the occupants of the development but owned
by an independent corporate property owner or management agent, shall
have such common areas, common elements and/or common open space shown
on the site plan, fully dimensioned, and designated as to the area
of responsibility and the extent and type of ownership and such other
conditions of usage or occupancy which shall be legally established
and recorded therefor, and a description or plan of each such area
shall be filed separately or as part of the descriptive maps of the
development with the Tax Assessor. This requirement may be satisfied
by a master deed filed in connection with establishing a condominium
form of ownership for the development in question.
(2)
The Borough of Frenchtown may, at any time and from time to
time, accept the dedication of land, or any interest therein, for
public use and maintenance, but no land proposed to be set aside for
common open space shall be required to be dedicated or made available
to public use as a condition of the approval of a site plan.
(3)
The landowner shall provide for and establish an organization
for the ownership and maintenance or, if held under a condominium
form of ownership, for the maintenance alone, of all common areas,
common elements and open space for the benefit of residents of the
development. Such organization shall not be dissolved and shall not
dispose of any open space, by sale or otherwise (except to an organization
conceived and established to own and maintain the open space for the
benefit of such development), without first offering to dedicate same
to the Borough of Frenchtown or other government agency.
(4)
The regulations of N.J.S.A. 40:55D-43b and c shall be applicable
to the maintenance of any common open space.
(5)
As a condition of the approval of a proposed development, the
Board may require that the organization established to own and/or
maintain common open space and other common areas or elements or the
structures located within the development adopt certain binding rules
and regulations or bylaws, not subject to change without prior Borough
approval, to ensure reasonable maintenance and adherence to any conditions
of site plan approval.
[Ord. No. 564, 9-6-2000]
A.
Purpose. This district encompasses a large tract of environmentally
sensitive land located in the southeast quadrant of the Borough. Development
on this tract is intended to be tightly clustered on the more readily
developable portions of the tract with most of the land remaining
undeveloped and undisturbed. The preservation of natural features,
such as steep slopes, mature woodlands, wetlands and floodplains,
which lend this tract its natural beauty, are ensured by the low-density,
low-impact development contemplated. Additionally, Frenchtown's evolution
as an area that is attractive to tourists and its proximity to the
recreational opportunities afforded by the Delaware River and the
rural areas surrounding it, consistent with the Borough's planning
area designation in the State Plan, suggest the appropriateness of
developing this unique tract of land as a planned retirement village
for active adults.
B.
Permitted uses.
(1)
Single-family detached dwellings, patio homes, side-by-side attached
two-family dwellings, townhouses, and/or flats (apartments or condominiums)
within the context of a planned retirement village as regulated herein.
(2)
Municipal parks and playgrounds.
(4)
Private recreational facilities for the exclusive use of the residents
of a planned retirement village and their personal guests, which facilities
may include sports courts, swimming pool(s), a community building,
bocce and horseshoe courts, a putting green, picnic areas, bicycle
and pedestrian paths and indoor and outdoor exercise facilities. Equipment
storage, maintenance and utility structures shall also be permitted
as part of a planned retirement village.
(5)
Community residence for the developmentally disabled, community shelter
for victims of domestic violence, community residence for the terminally
ill and community residence for persons with head injuries, on a lot
meeting all of the requirements for the R-1 Zone.
(6)
Accessory uses and structures customarily incidental to the principal
permitted uses in the R-6 Zone.
(7)
Groundwater remediation structures and equipment.
C.
Tract development requirements for a planned retirement village.
(1)
The minimum gross tract area for a planned retirement village shall
be 100 acres.
(2)
The maximum permitted residential density of a planned retirement village shall be one dwelling unit per acre of developable tract area (see § 50-310).
[Amended 12-30-2003 by Ord. No. 606]
(3)
A minimum of 70% of the site shall be left as open space. This open
space shall be configured so as to leave a buffer of at least 100
feet between the proposed development and adjacent properties and
to leave a substantial "greenbelt" to the southeast of the development
area.
(4)
Development shall be prohibited in floodplains and in minimum riparian corridors and on wetlands and wetlands transition areas, except as may be permitted by NJDEP, and on slopes over 20%. Development on steep slopes shall be subject to the regulations of § 50-310. To the extent possible, areas of unique and mature vegetation shall be preserved from development. The foregoing critical areas and natural features shall be included in the required open space except as may be necessary to gain access to the development area of the site.
[Amended 12-30-2003 by Ord. No. 606; 10-3-2012 by Ord. No. 718]
(5)
A minimum of one acre of the required open space shall be located
in the center of the planned retirement village and shall be designed
for use as a village green, surrounded by roadways on all four sides.
The landscaping plan for the village green shall permit unobstructed
views to and through the green. The green may contain a gazebo, band
shell, patio and play areas, walkways and other similar improvements,
but not buildings and parking areas, provided such improvements do
not cover more than 25% of the village green area.
(6)
At least three different types of dwelling units shall be constructed
within the planned retirement village, with a minimum of 20% and a
maximum of 40% in any one unit type, except that single-family detached
dwellings shall not comprise more than 30% of the units constructed.
For each unit type, a range of unit sizes appropriate to an age-restricted
community shall be provided as well, such that at least two different
unit sizes are provided for each unit type.
(7)
The minimum net density in the development area shall be five dwelling
units per acre, and the maximum net density shall be 10 dwelling units
per acre, with at least 80% of the dwelling units located within one
quarter mile of the village green.
(8)
All of the dwelling units within the planned retirement village shall
be designed for occupancy by adult households having at least one
member aged 55 years or older, except as otherwise provided herein,
and with no children under the age of 19 years. An array of facilities
and services specifically designed to meet the physical and social
needs of adult households shall be provided as part of the development
as further set forth herein.
(9)
Through its corporation, association or owners, the land and buildings
within the planned retirement village shall be restricted, by bylaws,
rules, regulations and restrictions of record, to use, ownership and
occupancy by persons of 55 years of age or older, subject to the following
exceptions, consistent with the requirements of the Federal Fair Housing
Act, as amended:
(a)
A member of a couple under the age of 55 years who is residing
with his/her partner, which partner is 55 years of age or over, may
reside in the planned retirement village.
(b)
Twenty percent of the units in the planned retirement village
may be occupied by households whose oldest member is aged 45 to 55
years, provided all other requirements of this section are met.
(c)
An adult under 55 years of age may reside in the planned retirement
village if it is established that the presence of such person is essential
to the physical care of one or more of the adult occupants of the
same unit, which adult occupant(s) shall be 55 years of age or older.
(d)
Children under the age of 19 shall not be permitted to reside
in any unit in the planned retirement village regardless of the age(s)
of the parent(s) with whom they reside.
(e)
One unit in any such development may be occupied by a resident
manager and family not meeting any of the above criteria.
(10)
The planned retirement village shall comply with all applicable
requirements of the Federal Fair Housing Act and all amendments thereto
and all applicable rules and regulations of the U.S. Department of
Housing and Urban Development (HUD) regarding such use, ownership
and occupancy and shall further comply with all applicable HUD rules
and regulations for self-certification of compliance with the Act
and with HUD's rules and regulations. The residency restrictions applicable
to the development shall be reviewed by the Board Attorney for compliance
with this section.
(11)
A planned retirement village development shall be served by
a public water system and by a public or NJDEP-approved on-site sewage
collection and treatment system. Where adequate sewage treatment capacity
is not available in the existing public system, the developer shall
have the option of either installing a separate sewage treatment facility
to serve the development which shall meet all NJDEP requirements and
all requirements of N.J.A.C. 5:21, the Residential Site Improvement
Standards, or may elect to upgrade the Borough's existing sewage treatment
plant and sewerage facilities to accommodate the effluent from the
development.
D.
Special design requirements for a planned retirement village.
(1)
Garages.
(a)
Garages shall not be located on the same front plane as the
street facade of the house, and shall either be set back a minimum
of 10 feet from the front facade or shall be located in the rear yard
area of the lot and connected to the street with a driveway set back
a minimum of two feet from side property lines.
(b)
Garages located in the rear yard shall be set back a minimum
of five feet from a rear lot line and two feet from a side lot line.
Windows are encouraged on garage facades facing rear and side yards.
Garage doors shall be partially screened from view from the street
with vegetation or latticework or a fence which is at least 50% visually
impervious, or by the placement of the garage doors.
(c)
Garages shall be architecturally complementary to the principal
buildings.
(2)
Fences.
(a)
Fencing shall be used to delineate private front, side and rear
yard areas on individual lots. Fences located in front of the front
building line shall be a maximum of three feet high. No fence shall
be higher than five feet high.
(b)
Fences used on individual lots shall be of a decorative metal
in a traditional cast-iron pattern or a decorative wooden picket type
using pressure-treated wood. Fences shall be reinforced with larger
posts at corners, entrances and gates and at forty-foot intervals.
No chain-link fences shall be allowed.
(c)
Alternatively, hedges or a series of bushes creating a hedgerow
may be permitted. Such vegetation shall be at least two feet high
at the time of planting and allowed to grow no higher than four feet.
The fences or hedges or both shall be designed to complement the architectural
style of the building(s).
(d)
Other fences used throughout the development may be of the types
specified above or may be solid or board-on-board fences, provided
that the style selected is compatible with the architecture of the
building(s) to which the fencing is related.
(3)
Decks and porches.
(a)
Decks may be provided at the rear of individual dwelling units
other than flats. For townhouses, patio homes and side-by-side attached
two-family dwellings, the area of each individual deck shall not exceed
100 square feet, which shall intrude not more than 10 feet into the
required rear yard. For single-family detached dwellings, the area
of each individual deck shall not exceed 200 square feet, which may
intrude not more than 12 feet into the required rear yard.
(b)
Porches are encouraged and may intrude up to six feet into required
front yards.
(4)
Trash and recycling.
(a)
All units shall include provision for the enclosed storage of
household trash and recyclables. Such facilities shall be of adequate
size to meet the projected volume of solid waste and to provide for
ease of separation of recyclables.
(b)
For buildings containing flats, solid waste disposal and recycling
of household materials shall be the exclusive responsibility of the
property owner or the condominium association. In such cases, at least
one solid waste pickup location shall be provided for each 20 units,
which location shall be totally enclosed by a seven-foot-high masonry
wall compatible with the architectural styling of the building(s),
landscaped and with a gate or entry on one side. Such enclosure(s)
shall provide suitably sized containers approved by the Borough for
the collection of solid waste and recyclables.
(c)
The individual property owners within the development, or the
organization established to maintain the common elements, shall be
responsible for arranging for the removal of all solid waste and recyclables.
(5)
Recreation vehicle and boat storage. A separate area shall be created
in the development for the at-grade parking and storage of recreation
vehicles and boats belonging to residents of the development. Such
area shall be completely screened from view from roadways and from
the residential uses within and adjacent to the development. Such
storage area may be located within a portion of the required open
space on the tract.
(6)
Open space, buffering and landscaping.
(a)
All portions of the open space which will not be utilized for
active recreational purposes shall be deed restricted against future
development with a conservation easement and held in common ownership
by the owners of the planned retirement village.
(b)
A minimum buffer of 100 feet shall be provided between the development
on the site and any adjacent properties. The buffer shall include
existing vegetation, new plantings, or both, sufficient to create
a 75% visually impervious year round screen. To the extent that the
75% visually impervious screen criterion cannot be met, the width
of the buffer shall be increased as follows:
|
% Visually Impervious
|
Width of Buffer
(feet)
|
|---|---|
|
65%
|
150
|
|
50%
|
200
|
|
Other
|
By interpolation
|
(c)
The visually impervious screening requirement may be waived
by the Board where the entire 100-foot buffer will consist of existing
mature woodlands.
(7)
Pathways. The design of the development shall include provisions
for bicycle paths and pedestrian pathways, in addition to the sidewalks
required by N.J.A.C. 5:21, the Residential Site Improvement Standards
(RSIS), as part of the recreational amenities of the development.
The sidewalk system in the vicinity of all of the units and around
the village green shall be completely barrier-free.
(8)
Street furniture.
(a)
Street furniture such as trash receptacles, benches and the
like, shall be located and sized in accordance with their anticipated
use.
(b)
Street furniture elements shall be compatible in form, material
and finish. Style shall be coordinated with that of the site architecture
and decorative streetlighting.
(c)
Selection of street furniture shall also consider durability,
aesthetics, and long-term maintenance costs.
(9)
(10)
Building materials and design.
(a)
A consistent architectural theme shall be used throughout the
development. The Design Vocabulary, which consists of the style, materials
and colors to be used throughout the planned retirement village, shall
be presented to the Board for review prior to the preparation of detailed
architectural drawings, as part of an informal review.
(b)
Building mass and spatial relationships shall emulate the existing
historic character of the Borough of Frenchtown through the layout
of streets, building scale, building spacing, materials used, colors,
facade modulations, and fencing and landscaping of private yards.
(c)
The following principles shall be used in the arrangement of
dwelling units on the tract:
[1]
Dwellings adjacent to and across the street from each other
shall differ, at least as to their style, facade treatment, colors
and/or materials used, to insure variation in the streetscape.
[2]
The smallest dwelling units and highest net densities shall
be located in the center of the community, around the village green,
with lower densities reached at the periphery of the development.
[3]
All buildings shall have similar pitched roofs. The roof pitches
shall have a minimum 9 on 12 pitch when a pitched roof is integral
to the design and style of the building. Flatter roofs shall have
articulated cornices.
[4]
All windows shall be of vertical rectangular configuration with
muntins and be constructed of wood, aluminum and/or vinyl clad.
[5]
The exterior building surface materials shall be of wood, brick
or local stone. Vinyl or aluminum siding shall be avoided.
[6]
Roof material shall be slate or wood or shall emulate the look
of these materials.
[7]
Facades shall be consistent with the historic character of Frenchtown
in their style and detailing. Front porches or covered entranceways
shall be encouraged and may intrude up to six feet into required front
yards.
E.
Bulk requirements for permitted dwelling unit types.
(1)
Buildings on individual lots:
|
Single-Family Detached
|
Patio Homes
|
Attached Side-by-Side Two-Family
|
Townhouses
|
Building Containing Flats
| |
|---|---|---|---|---|---|
|
Area (square feet)
|
8,800
|
5,500
|
5,000 per unit
|
2,000
|
20,000
|
|
Width (feet)
|
80 feet
|
55
|
45 per unit
|
22 (interior unit)
40 (end unit)
|
200
|
|
Depth (feet)
|
110
|
100
|
110
|
90
|
150
|
|
Front yard1 (feet)
|
20
|
20
|
20
|
15
|
30
|
|
Side yard2 (feet)
|
20 feet each
|
5 (one side)
25 (both sides)
|
20 (one side only)
|
20 (end unit only)
|
25 each
|
|
Rear yard (feet)
|
50
|
50
|
50
|
35
|
50
|
|
Height3 (feet)
|
35
|
35
|
35
|
35
|
35
|
|
NOTES:
| |
|---|---|
|
1
|
The area in front of the front building line shall be enclosed
by a wood picket or decorative metal fence, hedge or stone wall. No
parking shall be permitted in any front yard. Porches may extend into
required front yards by up to six feet.
|
|
2
|
There shall be a minimum of two feet between any driveway and
the nearest property line.
|
|
3
|
The height shall not include chimneys or cupolas.
|
(2)
Condominium ownership. Buildings of the above types which will be
held in condominium rather than fee simple ownership shall be designed
such that the building separations would accommodate the subdivision
of individual lots meeting the above requirements.
(3)
Additional parameters for each dwelling unit type.
(a)
Single-family detached dwelling.
[1]
Each lot shall have clearly defined front and rear yards using
a hedge, wall or fencing.
[2]
Each dwelling shall have an unenclosed front porch at least
five feet deep along at least 75% of the front of the house.
[3]
The ground floor of each dwelling shall be raised off the ground
plane a minimum of two feet.
[4]
Each dwelling shall have articulated corners and base.
[5]
A garage shall either be provided as a separate structure in
the rear yard or attached to the principal structure, with an additional
front yard setback from the street of 10 feet.
(b)
Patio home.
[1]
Each patio home lot shall have clearly defined front and rear
yards using a hedge, wall or fencing.
[2]
Each dwelling shall have a separate entrance articulated with
a covered stoop or porch.
[3]
The ground floor of each dwelling shall be raised off the ground
plane a minimum of two feet.
[4]
Each dwelling shall have articulated corners and base.
[5]
A garage shall either be provided as a separate structure in
the rear yard or attached to the principal structure, with an additional
front yard setback from the street of 10 feet.
(c)
Attached side-by-side two-family dwelling.
[1]
Each lot shall have clearly defined front and rear yards using
a hedge, wall or fencing.
[2]
Each dwelling shall have a separate entrance articulated with
a covered stoop or porch, which porch may be shared by both units
if it covers 75% of the entire width of the structure.
[3]
The ground floor of the building shall be raised off the ground
plane a minimum of two feet.
[4]
Each building shall have articulated corners and base.
[5]
A garage shall either be provided as a separate structure in
the rear yard or attached to the principal structure, with an additional
front yard setback from the street of 10 feet.
(d)
Townhouse.
[1]
There shall not be more than six townhouses in a single building.
[2]
Each townhouse unit shall have clearly defined front and rear
yards using a hedge, wall or fencing.
[3]
Each townhouse unit shall have a separate entrance articulated
with a covered stoop or porch.
[4]
The ground floor of each townhouse building shall be raised
off the ground plane a minimum of two feet.
[5]
No more than two units shall be on a single plane. A minimum
four-foot front facade setback shall be provided between each pair
of units.
[6]
The exterior of the townhouse building shall be of unified design
articulated as a single building and shall be constructed of wood,
brick, or local stone with quoined corners and an articulated base.
[7]
Parking for townhouses may be provided in a common off-street
parking area or in garages accessed from a rear alley.
(e)
Flats (apartments or condominiums).
[1]
A maximum of 12 units shall be located in each building.
[2]
Entrances to each of the units shall be clearly articulated
with covered stoops or porches and defined front yard areas using
a hedge, wall or fencing.
[3]
No more than four units (two first floor and two second floor)
shall be on a single plane. Minimum four-foot front facade setbacks
shall be provided between each set of four units.
[4]
The ground floor of each building shall be raised off the ground
plane a minimum of two feet.
[5]
The exterior of the building shall be of unified design articulated
as a single building and shall be constructed of wood, brick or local
stone with quoined corners and articulated base.
[6]
Parking for these units shall be provided in a common off-street
parking area which shall not be located closer to the front street
line than the front building line and may be accessed by a rear alley.
[7]
All buildings containing flats shall face the village green.
(4)
Coverage by buildings and impervious surfaces. The maximum tract
coverage by all buildings shall not exceed 8%. The maximum tract coverage
by all impervious surfaces, inclusive of buildings but exclusive of
drainage and stormwater detention or retention features, shall not
exceed 25%.
F.
Amenities and recreation requirements.
(1)
A planned retirement village shall provide common recreational and
community facilities for the exclusive use of its adult residents.
(2)
Areas set aside for recreational purposes shall provide facilities
for active and passive recreation particularly suitable for adults
aged 55 years or older. Such recreation shall include, as a minimum,
a swimming pool and a multipurpose clubhouse building containing a
minimum of 20 square feet per dwelling unit as well as two or more
of the following: outdoor sitting areas; walking and bicycling paths;
exercise trails; tennis, bocce, shuffleboard or horseshoe courts;
chipping and putting greens; and similar appropriate active and passive
recreational areas and facilities.
(3)
The clubhouse building shall be designed and equipped to meet the
social and recreational needs of the anticipated residents. This may
include hobby and craft rooms, lounge areas, meeting rooms, card rooms,
exercise rooms, rooms providing support facilities for outdoor recreational
facilities or other similar facilities, all as required to meet the
needs of persons 55 years of age and older.
(4)
The development plan for the site, its developed facilities and the
interior of residential units in a planned retirement village shall
be specifically designed to meet the potential physical and social
needs of the residents, specifically addressing the visual, auditory,
ambulatory and other impairments that may affect older persons as
residents age in place.
(a)
Each dwelling unit shall be equipped with central heating and
air-conditioning systems with independent controls for each.
(b)
Each dwelling unit shall contain its own clothes washer and
dryer.
(d)
On-site security and maintenance service systems may be provided,
which may include an entrance gatehouse, fences, walls and support
services buildings.
G.
Ownership and management of common areas, elements and open space.
(1)
The areas, elements and/or open space in the development to be owned
and used in common by the individual owners in the development or
to be used in common by the occupants of the development but owned
by an independent corporate property owner or management agent, shall
have such areas, elements and/or open space shown on the site plan,
fully dimensioned, and designated as to the area of responsibility
and the extent and type of ownership and such other conditions of
usage or occupancy which shall be legally established and recorded
therefor, and a description or plan of each such area shall be filed
separately or as part of the descriptive maps of the development with
the Tax Assessor. This requirement may be satisfied by a master deed
filed in connection with establishing a condominium form of ownership
for the development in question.
(2)
The Borough of Frenchtown may, at any time and from time to time,
accept the dedication of land, or any interest therein, for public
use and maintenance, but no land proposed to be set aside for common
open space shall be required to be dedicated or made available to
public use as a condition of the approval of a site plan.
(3)
The landowner shall provide for and establish an organization for
the ownership and maintenance or, if held under a condominium form
of ownership, for the maintenance alone, of all common areas, elements
and open space for the benefit of residents of the development. Such
organization shall not be dissolved and shall not dispose of any open
space, by sale or otherwise (except to an organization conceived and
established to own and maintain the open spaces for the benefit of
such development), without first offering to dedicate the same to
the Borough of Frenchtown or other government agency.
(4)
The regulations of N.J.S.A. 40:55D-43b and c shall be applicable
to the maintenance of the open space.
(5)
If any open space, wetlands or common areas on the tract are dedicated
to and accepted by the Borough, the area of such portions of the tract
shall nonetheless be included in calculating the permitted density
of the development.
(6)
As a condition of the approval of a proposed development, the Board
shall require of the organization established or to be established
to own and/or maintain common open space and other common areas or
elements or the structures located within the development that it
adopt certain binding rules and regulations or bylaws, not subject
to change without prior Borough approval, with respect to ensuring
the objectives and purposes of reasonable maintenances. Said requirements
of the Board may vary as to particular applications and the buildings,
structures, and uses proposed therein; provided, however, that any
such variation of requirements shall not be inconsistent with each
other.
H.
Conditions of preliminary approval.
(1)
As a condition of preliminary approval of the development, the Board
may provide for final approval of the plan and construction of the
project in whole or in one or more sections or stages. If the development
will occur in stages, such stages shall be:
(a)
Substantially and functionally self-contained and self-sustaining
with regard to access, parking, utilities, open spaces and similar
physical features and capable of substantial occupancy, operation
and maintenance upon completion of construction and development, and
no section shall exceed the overall maximum density permitted for
the entire plan unless such density is offset by a smaller concentration
of density in any completed prior stage or by an appropriate reservation
of common open space on the remaining land by a grant of easement
or by a covenant approved by the Board and running in favor of the
Borough. Such reservation, shall, as far as practicable, defer the
precise location of such common open space until an application for
final approval is filed so that maximum flexibility will be maintained.
(b)
Properly related to other services within the development as
a whole and to those facilities and services yet to be provided in
the full execution and implementation of the development.
(c)
Provided with such temporary or permanent transitional features,
buffers or protective areas as the Board may require with appropriate
conditions of ownership and maintenance so as to prevent damage or
detriment to any completed sections or stages and to adjoining properties
during construction of subsequent sections or stages.
(2)
Plans and specifications showing each section or stage shall be filed
with the Board and shall be of sufficient detail and at such scale
as to fully demonstrate the arrangement and locations of all proposed
structures, uses, parking, driveways, roadways, landscaping, public
and private utilities and service facilities and the proposed forms
of ownership of all areas on the site.
(3)
The Board shall make the specific findings of fact set forth at N.J.S.A.
40:55D-45 in its resolution approving the development.
I.
Tract development requirements for a golf course.
(1)
The tract on which the golf course is to be constructed shall comprise
at least 125 acres.
(2)
The length of the golf course shall not be less than 6,500 yards
per 18 holes.
(3)
The golf course shall be the sole principal use on the tract. In
particular, there shall be no residential uses developed on the tract,
whether in conjunction with the golf course or otherwise.
(4)
No portion of any golf tee, fairway or green shall be located closer
than 100 feet to any tract boundary or public road right-of-way, except
that cart paths may be located no closer than 50 feet to such boundaries
or roads.
(5)
There shall be a direct driveway access to the golf course, over
the tract, from a state road.
(6)
A vegetated buffer at least 100 feet wide, consisting of native trees,
shrubs and ground cover, shall be provided and maintained between
any turf area which will be treated with fertilizers or pesticides
and the closest point of any 100-year floodplain; or if there is no
floodplain, the top of bank of any permanent, nonseasonal stream or
open water body, on or off site; except that up to 35% of such stream
or pond frontage shall be exempt from this requirement, upon a showing
of good cause by the applicant.
(7)
Gasoline-powered golf carts shall be prohibited on any golf course.
(8)
The golf course may include principal and accessory structures for
the enjoyment of members and guests and for the maintenance of the
golf course and golf-related facilities. The clubhouse may include
a dining or grill room not exceeding 100 seats and a bar with a club
license.
(9)
Area, yard and bulk regulations for the golf course shall be as follows:
(10)
Assurances shall be provided to the Board that all necessary
utilities and services are available and adequate for the proposed
development, including wastewater treatment, potable water and irrigation
water.
J.
Special design requirements for a golf course.
(1)
The golf course shall be designed and situated to minimize conflicts
with existing and future land uses, and the layout of the course shall
provide safe locations for tees, fairways, greens and practice areas
in relation to adjacent land uses and roadways, both on- and off-site.
(2)
The golf course shall be designed to minimize the opportunity for
golf balls to be hit beyond the tract boundaries.
(3)
No more than 50% of the wooded area (as shown on the most recent
aerial photographs available) shall be cleared, and any clearing beyond
35% of the wooded acreage of the tract shall be mitigated by replacement
with native trees and shrubs elsewhere on the tract. Priority for
such replacement shall be given to locations where stream corridors
are not shaded by vegetation at the time of development.
(4)
No clearing, grading or site improvements related to the golf course
shall be conducted in areas of 20% slope or greater, except that areas
of play (tees, greens, bunkers, fairways and practice facilities)
created as part of the golf course which result in new areas of steep
slope shall not be deemed to violate this requirement.
(5)
An Integrated Turf Management Plan and Integrated Pesticide and Pest
Management Plan shall be provided, which are specific to the operation
and maintenance of the proposed golf course. These plans shall be
prepared in accordance with guidelines established by the New Jersey
Department of Environmental Protection (NJDEP), and shall take into
account guidelines promulgated by the United States Golf Association
(USGA) and the Golf Course Superintendents' Association of America
(GCSAA). These plans shall use best management practices (BMPs) to
prevent and/or minimize adverse impacts of the golf course on groundwater
and surface water resources.
(6)
Assurances shall be provided that the owner/operator will take all
steps to avoid any adverse impacts on surface water and groundwater
which result from the operation of the golf course. Should any adverse
impact result, the owner/operator shall correct the problem and mitigate
the impacts. Monitoring of surface water and groundwater quality and
quantity shall be provided by the owner(s) according to a plan prepared
specifically for the proposed golf course and approved by the Board
in consultation with the Borough Board of Health and in consultation
with the Pesticide Control Program of the New Jersey Department of
Environmental Protection (NJDEP). Such monitoring program shall detail
the type, timing and frequency of testing, as well as identify the
specific chemical parameters to be tested, and shall be established
at the time the Integrated Turf Management Plan and the Integrated
Pesticide and Pest Management Plans are approved by the Board. A continuing
monitoring program shall be established by the New Jersey Department
of Environmental Protection (NJDEP). The results of such water quality
monitoring shall be submitted by the owner(s) to the Borough Board
of Health and the Board within 30 days of receipt of such results
by the owner(s). Also, continuous water table monitoring equipment
(data log) shall be installed and maintained as specified by the Borough
Board of Health. Test results of such water quality monitoring shall
be submitted by the owner(s) to the Board of Health within 30 days
of receipt of such results by the owner(s).
(7)
A water use budget and water recycling plan shall be prepared and
submitted to the approving authority, which budget and plan shall
be specific to the proposed golf course. The water use budget and
water recycling plan shall detail the source(s) of potable and irrigation
water, the projected amounts which will be required and the water
supply capacity of any aquifer from which such water will be withdrawn,
as outlined in "Water for the 21st Century: The Vital Resource - New
Jersey Statewide Water Supply Plan," prepared by the New Jersey Department
of Environmental Protection, Office of Environmental Planning (August
1996). The aquifer test plan shall be submitted to the Borough Planning/Zoning
Board of Adjustment and Borough Board of Health at the same time it
is submitted to the regulatory authority.
(8)
Following the installation of any well intended to serve as a water
supply source for the golf course, and prior to the issuance of a
construction permit, a pump test shall be conducted at the maximum
projected pumping rate, according to Borough Board of Health standards,
to assess the impact(s) on other well users in the vicinity, both
within and outside of the Borough of Frenchtown. If significant well
interference is demonstrated during interference tests on an existing
well (observation well), the new well shall not be certified for use.
In such instances, the applicant may be required to demonstrate why
the documented well interference is not significant. If a significant
adverse impact of interference cannot be remedied, certification of
the new well may be denied by the Board of Health.
(9)
Wherever a waterway crossing is proposed, such crossing shall be
designed to minimize the removal of trees and other shading vegetation;
and all crossings shall be bridged, and not designed with culverts,
except for access driveways.
(10)
Clearing, grading and other disturbances shall be designed to
avoid the nesting, breeding and feeding areas of endangered and threatened
animal species, and to avoid the locations of endangered and threatened
plant species.
(11)
Construction of runoff collection ponds is encouraged for use
as stormwater management devices and as sources of irrigation water.
(12)
Grasses selected for use on a golf course shall be drought and
pest and disease resistant to minimize the use of chemicals and irrigation.
(13)
Soil erosion and sedimentation shall be minimized through golf
course design which minimizes the need for mass grading for greens,
tees and fairways; coordinated soil erosion and sediment control measures;
and construction phasing which limits the extent of clearing and soil
exposure, prior to revegetation.
(14)
Exterior site lighting shall be limited to safety and security
needs and there shall be no spillover of lighting beyond the tract
boundaries. The site lighting shall otherwise conform to the lighting
requirements of this chapter.
(15)
Sufficient on-site parking shall be provided to satisfy the
Board that the demand for parking can be met at the facility, and
all areas designated for parking shall be located at least 200 feet
from any tract boundary.
(16)
Best management practices shall be employed to maximize recharge
of surface runoff where appropriate.
(17)
The golf course shall be designed to preserve the character
of the viewshed and to minimize the visual impact of the golf course
on the landscape.
(18)
Site plan approval shall be required for the golf course.
[Ord. No. 564, 9-6-2000]
A.
Purpose. This district is established in recognition of land that
is already owned by a public entity (Borough, county, state or federal)
and is intended to continue in public ownership.
B.
Permitted uses.
(1)
Parks and playgrounds which may contain active recreational facilities.
(2)
Public parking areas, as either an accessory or a principal use.
(3)
Conservation lands and areas.
(4)
Agricultural activities and gardens authorized by the public entity
owning the land.
(5)
Boat-launching ramps.
(6)
Concessions authorized by the public entity owning the land.
(7)
Gazebos, band shells, bicycle paths, benches, picnic areas, pedestrian
trails, water fountains, trash receptacles, public rest rooms, lighting
fixtures and similar improvements specifically designed to enhance
the public enjoyment of such lands.
(8)
Public uses and buildings, including but not limited to sewage treatment
plants and public works facilities, operated by or for the Borough
of Frenchtown.
[Added 10-6-2010 by Ord.
No. 690]
(9)
Any privately owned lot existing as of June 1, 2011 in the R-7 Zone,
may be used in accordance with the requirements for the R-2 Zone,
and such lot may be further developed in accordance with the requirements
for the R-2 Zone, subject to a demonstration pursuant to N.J.S.A.
40:55D-35 and 36 as to the adequacy of the access provided in the
case of a landlocked lot and further subject to compliance with all
applicable environmental protection regulations of the State of New
Jersey and the Borough of Frenchtown, including but not by way of
limitation, steep slopes, wetlands and wetlands transition areas,
floodplains and C-1 stream buffers.
[Added 8-3-2011 by Ord.
No. 701]
C.
Area and yard requirements. There shall be no minimum or maximum
requirements applicable to this zone.
[Added 10-6-2010 by Ord.
No. 690]
D.
Uses prohibited in R-7 Zone: any use not specifically permitted.
[Added 9-12-2017 by Ord.
No. 797]
A.
Purpose. The purpose of this zone is to allow the former ceramics
plant site and two adjacent properties to be redeveloped by the private
sector to achieve the following objectives:
(1)
To promote private sector redevelopment of a former industrial site
located along Harrison Street for mixed residential purposes, using
forms and densities that are consistent with and complementary to
the residential uses, forms and densities already existing along Harrison
Street and Eight Street; and
(2)
To provide an opportunity for higher-density residential development
on a substantial portion of the site that will enable a developer
to set aside and reserve a portion of the total number of units constructed
for occupancy by and affordability to qualified very-low-, low- and
moderate-income households. Should the developer choose to market
the affordable units as rental units, a set-aside of at least 15%
of the total number of units constructed is required. Should the developer
choose to market the affordable units as for sale units, a set-aside
of at least 20% of the total number of units constructed is required.
B.
Permitted principal and accessory uses.
(1)
Multifamily dwellings in apartment buildings containing up to three
residential stories erected over an enclosed parking garage, provided
that no such building shall be erected within 200 feet of the right-of-way
of Harrison Street nor within 150 feet of the right-of-way of Eighth
Street for a distance of 250 feet west of its intersection with Harrison
Street.
(2)
Small lot detached single-family dwellings in the portions of the
site lying within at least the first 85 feet adjacent to the right-of-way
of Harrison and Eighth Streets for a distance of 250 feet west of
its intersection with Harrison Street.
(3)
Attached single-family dwellings in buildings containing not more
than two dwellings each lying within at least the first 85 feet adjacent
to the right-of-way of Harrison and Eighth Streets for a distance
of 250 feet west of its intersection with Harrison Street.
(4)
Mixed-use live/work buildings, in the portions of the site lying within at least the first 85 feet adjacent to the right-of-way of Harrison and Eighth Streets for a distance of 250 feet west of its intersection with Harrison Street, subject to the additional requirements of Subsection F below.
(6)
Parking lots, private roads, maintenance buildings, open space and passive or active recreational facilities, and other common facilities customarily incidental to a multifamily development, provided such facilities are located beyond the area that is required to be developed with the uses set forth in Subsection B(2) and (3) above.
(7)
The existing water tower shall be maintained on the site, although
it may be relocated within the site to facilitate the overall design
plan. The wireless telecommunications antennas and equipment located
on and near the water tower, respectively, may also be retained.
C.
Tract development requirements.
(1)
Minimum tract area. The minimum tract area shall be six acres, exclusive
of any portions of the Eighth Street right-of-way not vacated as of
September 1, 2017. Lots of less than six acres that are not merged
with a tract having the required minimum acreage shall be developed
in accordance with the R-2 Zone requirements.
(2)
Overall density and maximum number of units. The density of development
for this zone shall not exceed 16.25 dwelling units per gross acre
of land excluding any portions of the Eighth Street right-of-way not
vacated as of September 1, 2017, nor more than 111 total units. Lots
in this zone of less than the required minimum acreage shall be developed
in accordance with the R-2 Zone requirements. Nothing herein shall
be construed to prevent the merger of lots within this zone to create
a larger tract area.
(3)
Utility services and stormwater management. All development shall
be connected to public water and sanitary sewerage systems. Regardless
of whether water quantity attenuation is required for the development,
the design of the stormwater management plan shall incorporate water
quality measures, such as rain gardens and other filtration systems.
All on-site utility lines, including electric, cable and telephone
service lines, shall be placed underground.
D.
Lot, yard, height and building and impervious coverage requirements
for single-family detached and single-family attached dwellings.
(1)
Lot and yard requirements.
(a)
The minimum lot size for a single-family dwelling shall be 6,000
square feet and for each half of a two-family dwelling shall be 3,250
square feet.
(b)
The minimum lot width for a single-family dwelling shall be
55 feet and for each half of a two-family dwelling shall be 30 feet.
(c)
The minimum lot depth shall be 85 feet.
(d)
The minimum front yard setback shall be eight feet from the
right-of-way of the abutting street and 12 feet from the house edge
of the sidewalk line along the abutting street. The maximum front
yard setback shall be 15 feet from the right-of-way of the abutting
street and 20 feet from the house edge of the sidewalk line along
the abutting street. Setbacks are encouraged to be varied slightly
within these parameters. Porches shall be excluded from the measurement
of the front yard setback.
(e)
The minimum side yard setback for a principal building shall
be five feet where a setback is provided. The total of both side yards
shall be a minimum of 10 feet for single-family homes and a minimum
of five feet for each half of a two-family dwelling.
(f)
The minimum rear yard setback for a principal building shall
be 35 feet.
(g)
Eaves, fireplaces, cantilevered structures and similar features
shall be permitted to encroach a maximum of 18 inches into the front,
side and rear setbacks.
(2)
Building height. No building shall exceed 2 1/2 stories and
38 feet in height, exclusive of chimneys or cupolas.
(3)
Building coverage. The area devoted to all buildings and accessory
structures shall not exceed 50% of the lot area.
(4)
Impervious surface coverage. The area devoted to all buildings, accessory
structures, parking areas, driveways, walkways and other compacted
surfaces, whether paved or unpaved, shall not exceed 60% of the lot
area.
E.
Yard, height and building and impervious coverage requirements for
multifamily apartment buildings.
(1)
Building separations and setbacks.
(a)
There shall be a distance of not less than 20 feet between the
short walls of principal buildings.
(b)
There shall be a distance of not less than 50 feet between the
long walls of principal buildings.
(c)
Where a short wall faces a long wall, the minimum distance between
the buildings shall be 40 feet.
(d)
The above provisions notwithstanding, the minimum distance between
buildings on either side of the extension of Ninth Street toward the
Delaware River shall be 60 feet and the minimum building setback from
any public street shall be 30 feet.
(e)
The minimum building setback from a parking area or internal
street shall be 10 feet.
(f)
The minimum side or rear yard setback of any building from a
property line that is not a street shall be five feet.
(2)
Building height. No building shall exceed three residential stories,
provided that the residential stories may be constructed over one
level of structured parking, for a total of four stories, and further
provided that the uppermost residential level shall not cover more
than 75% of the roof surface of the level below. The maximum height
of the residential floors of the building above the garage level shall
be 40 feet measured from the finished floor elevation of the first
residential level. Elevator shafts, roof-mounted mechanicals, cornices
and parapets may be excluded from the calculation of building height.
Separate buildings sharing a common elevator/service core may be separately
measured.
(3)
Building coverage. The area devoted to all buildings and structures
shall not exceed 35% of the area remaining to the site after deducting
the portion of the site to be devoted to single-family detached and
single-family attached dwellings.
(4)
Impervious surface coverage. The area devoted to all buildings, structures,
parking lots, driveways, pathways and other compacted surfaces, whether
paved or unpaved, shall not exceed 60% of the area remaining to the
site after deducting the portion of the site to be devoted to single-family
detached and single-family attached dwellings.
(5)
Building sizes, scale and dimensions. The maximum width of any individual
building shall not exceed 190 feet, and the maximum depth of any individual
building shall not exceed 85 feet.
F.
Additional regulations for mixed-use live/work buildings.
(1)
The permitted nonresidential use within the live/work building must
occupy all or part of the ground floor level only and must face either
Harrison Street or Eighth Street.
(2)
Permitted nonresidential uses within the live/work building shall
be limited to the studio, workshop, office, showroom or gallery of
a residential occupant of the building and the following uses, provided
the business owner is also a residential occupant of the building:
(3)
At least one entrance shall be provided to the building that is exclusive
to the residential use within the live/work building.
(4)
Parking need not be provided for the nonresidential use within the
live-work building, as long as the residential parking requirement
is met.
(5)
The building shall retain its residential appearance.
G.
Design standards.
(1)
Exterior design.
(a)
Buildings shall be designed to be compatible with nearby architectural
styles. The exterior of each building shall be presented as a single
unified building with an articulated base and corners. Individual
units within the building shall be delineated with entrances, porches
and fenestration. Materials to be used on each building and throughout
the development shall be subject to approval by the Board. The relative
heights of various building elements compared to their widths shall,
to the extent, feasible, achieve a ratio of 1.618 vertical to 1.00
horizontal.
(b)
Yard spaces for single-family detached and attached dwellings
shall be clearly defined using hedges, walls or fencing.
(c)
Each single-family detached or attached dwelling shall have
a roofed front porch with painted railings supported by painted turned
wood or wood-like synthetic balusters. The porch shall be at least
five feet deep and shall occupy at least 75% of the front facade of
the unit or building to which it is attached. Porch floors shall be
tongue and groove, may be made of wood or a synthetic smooth material,
and shall be painted or stained.
(d)
Each single-family detached or attached building shall be clad
in traditional painted wood clapboard or painted, smooth-surfaced
wood-like synthetic material having the appearance of traditional
clapboard and shall have articulated corners and base. All exposed
foundations shall have a finished surface.
(e)
Flat, shed, gambrel and mansard roofs shall be prohibited on
buildings containing single-family detached or attached dwellings
and shall be prohibited on all other buildings unless preexisting
or demonstrated to be consistent with the traditional architectural
style of the buildings already on the property or adjacent to it.
Otherwise, new roofs shall be gabled or hip roofs. Roofs shall be
constructed of materials designed to resemble slate shingles (which
could include dimensional asphalt shingles) or wood shingles or may
be of standing seam metal construction in a slate grey color. If an
alternative color is proposed, it shall be subject to a favorable
recommendation from the Board's Historical Architect and approval
by the Board.
(f)
If shutters are provided, they shall be of painted wood or painted,
smooth-surfaced wood-like synthetic material and shall be proportioned
and hung so that, if and when closed, they would completely cover
the window. Shutters are not required. If shutters are not provided,
windows shall be trimmed out in painted wood or painted smooth-surfaced
wood-like synthetic material consistent with the architectural style
of the building.
(g)
Windows shall be double hung (except where casement windows
are required for firesafety), and shall have simulated divided lights
on both the interior and exterior faces with spacers between the panes
of glass. The number of lights in each window shall be appropriate
to the architectural style of the building.
(h)
Windows on each floor shall all be of similar size and type,
unless an intervening smaller window serves an appropriate decorative
function, and shall all be similarly trimmed. Window placement shall
be such that there is balance and symmetry on all exterior facades.
Blank walls are prohibited. Windows, doors, porches, pilasters, cornices
and other horizontal and vertical building elements shall be used
to achieve a human scale and avoid monotony. Side and rear walls of
buildings shall have a composed pattern of windows appropriate to
the architectural style of the front facade of the building.
(i)
Exterior utility boxes, mechanical and electrical equipment,
and HVAC equipment shall be screened from view by architectural elements
and/or landscape plantings.
(j)
Each building shall be provided with a master cable or satellite
dish receiver system to avoid the necessity of individual receivers
being erected on the exterior of the building.
(k)
No structure or equipment of any kind shall be attached to the
finished exterior surface of the roof, walls or other portions of
any building unless specifically approved by the Board, except for
approved residential-style lighting fixtures; gutters and downspouts;
approved architectural features such as shutters and trim; structures,
fixtures or equipment required for compliance with the Uniform Construction
Code; and/or a maximum of one satellite dish antenna per dwelling
unit, not exceeding one meter in diameter, located wholly within the
perimeter of an upper balcony or deck attached to and intended for
the exclusive use of the unit served by the dish antenna, and meeting
the following additional requirements:
[1]
No portion of the dish antenna may extend above the top of the
surrounding railing, unless the unit owner can demonstrate that in
the particular case of the unit in question, this requirement will
unduly impair reception; and
[2]
The satellite dish and all of its appurtenances must be painted
to blend with the background color of the area against which it is
mounted.
(2)
Interior design.
(a)
Each dwelling unit shall contain complete kitchen facilities,
toilets, bathing and washing facilities for exclusive use by the occupants
as well as private living space. No portion of one dwelling unit shall
be shared with another.
(b)
Where practicable, and to maximize privacy within each unit,
bedrooms and living spaces in individual dwellings within the same
building shall be separated by such spaces as bathrooms, kitchens,
stairs or mechanical areas, and appropriate soundproofing shall also
be provided between units.
(c)
Space to accommodate a clothes washer and dryer and the hookups
for such facilities shall be provided within each dwelling unit.
(d)
Garages, where provided, shall include sufficient room for the
parking of at least one vehicle as well as bicycles, strollers, grills,
sporting equipment and the like. Where a garage is not provided for
a unit, that unit shall include an area for such storage that is accessible
to the ground level and that is separate and apart from any clothing,
linen, coat and cleaning closets provided.
(3)
Energy efficiency. Developments are encouraged to incorporate energy
efficient "green building" design to the extent practicable to reduce
long-term maintenance and utility costs. Suggestions for energy efficient
design may be found in the NJ Green Building Manual (greenmanual.rutgers.edu).
H.
Parking standards.
(1)
The parking requirements set forth in the Residential Site Improvement
Standards shall be applicable to all dwelling units. All required
parking spaces shall be provided on-site in designated garages and/or
parking spaces accessed from interior streets and driveways.
(2)
For single-family detached or attached dwellings, a garage may either
be provided as a separate structure or within or attached to the principal
structure, but in any case shall be located entirely behind the rear
plane of the principal building. No garage doors shall be permitted
to face Harrison Street, Eighth Street or the extension of Ninth Street.
(3)
Parking for single-family detached or attached dwellings may be provided
in residential driveways not exceeding 20 feet in width and having
a length of at least 18 feet clear of any roadway, interior common
driveway or sidewalk area.
(4)
The parking of recreational vehicles and boats in driveways and common
parking lots shall be prohibited.
I.
Accessory structures.
(1)
The architectural design and materials used in the construction of
garages, trash enclosures and other accessory buildings shall conform
to the design and materials used in the construction of the principal
building(s) to which such structures relate.
(2)
Minimum required setbacks for accessory structures shall be the same
as those for principal structures.
(3)
No accessory structure shall exceed 1 1/2 stories and 22 feet
in height. The existing water tower shall not be subject to this limitation.
J.
Garbage disposal and recycling.
(1)
Garbage and recycling containers for single-family detached and attached
dwellings shall be able to be stored and shall be stored within garages
(where provided) or within enclosed storage closets and shall be put
out at the curb on collection days.
(2)
For multifamily dwellings in apartment buildings, the owner or designated
agent or the organization established to own and maintain the open
space(s) and other common elements within the development shall provide
and maintain in a neat and sanitary condition, either outside of or
within each apartment building, appropriate containers for the orderly
deposit, storage and removal of garbage and recyclables. Said owner
or designated agent or the organization shall arrange and pay for
the collection of garbage and recyclables on a regular basis.
(3)
All containers located outside of the building shall be situated
and enclosed by masonry walls and landscaping so as to be obscured
from view from buildings, parking areas, streets and adjacent properties.
K.
Supervision and management of rental units. Developments that include
rental dwelling units shall have a designated management agent, which
agency may be located off-premises, provided that the name, address
and twenty-four-hour telephone contact numbers of said agent are posted
in several prominent locations within each building and registered
with the Borough Clerk and Borough Police Department.
L.
Signage.
(1)
Permitted signs shall be the same as for the R-1 and R-2 Zones.
(2)
All directional and nameplate signs shall be of wood or painted, smooth-surfaced wood-like synthetic material and shall be sized and placed in accordance with § 50-302 of the Land Use Ordinance.
(3)
No permanent development identification sign shall be permitted.
During construction only, a temporary sign announcing the development
and the names of the architect, builder, bank or other entity involved
in the development shall be permitted, provided such sign does not
exceed 32 square feet in area nor six feet in height and is placed
outside of any right-of-way line.
M.
Street furniture and lighting.
(1)
Appropriate street and site furnishings shall be incorporated into
the site plan for the development, which shall include bicycle racks,
and may include flower boxes, arbors, planters, benches, fountains
and decorative pavement materials as approved by the Planning Board.
(2)
Site furnishings as listed above and lighting fixtures shall be consistent
in scale and architectural design with the buildings in the development
and constructed of materials reflecting the style of the buildings
on and adjacent to the property. Selection of site furnishings shall
consider durability, aesthetics, and long-term maintenance costs.
(3)
Lighting shall be subdued and shielded so as to prevent spillage
into buildings and onto adjoining properties and shall otherwise comply
with the lighting requirements of the Land Use Ordinance.
(4)
Lighting fixtures shall be mounted at the lowest appropriate height.
No on-site freestanding lighting fixture shall be higher than 12 feet.
N.
Fences, walls and hedges.
(1)
Fences or walls shall be used to delineate private front, side and
rear yard areas whether on individual lots or in multifamily buildings
with ground floor entrances to the units. Fences and walls adjacent
to a street or interior common driveway or public sidewalk shall not
exceed 2.5 feet in height. No interior fence or wall shall be higher
than 4.5 feet in height.
(2)
Fences shall be of a decorative metal in a traditional cast-iron
pattern or of decorative traditional wooden or simulated wood pickets.
The type of fence shall be selected to complement the architectural
style of the building(s). Fences shall be reinforced with larger posts
at corners, entrances and gates and at forty-foot intervals. No chain-link
fences shall be allowed.
(3)
Walls, if provided, shall be of brick or stucco or local fieldstone
or faced with local fieldstone or a similar material as approved by
the Planning Board. If an alternative material is proposed, it shall
be reviewed and favorably recommended by the Planning Board's Historical
Architect and approved by the Planning Board.
O.
Affordable housing.
(1)
All new residential developments shall provide affordable housing
on-site at the rate of 20% of the total proposed dwelling units, if
the affordable units will be for sale, and at the rate of 15% of the
total proposed dwelling units, if the affordable units will be for
rent.
(2)
All affordable housing units shall be in full conformance with the
Uniform Housing Affordability Controls (UHAC), except as to the percentage
of very-low-income housing units required, and with all regulations
contained in the Borough's adopted Affordable Housing Ordinance.[1]
[1]
Editor's Note: See Art. XVI, Affordable Housing.
(3)
In the event that the applicable set-aside ratio results in a fraction
of an affordable unit being required, the developer shall round up
to the next whole number.
P.
Landscaping.
(1)
Landscaping, including the provision of street trees, shall be in conformance with § 50-707 of the Land Use Ordinance.
(2)
Landscaping shall be used to soften the corners and edges of buildings.
(3)
Street frontages shall be planted with shade trees as recommended
on the Tree-Species-Planting-List.pdf and as approved by the Borough's
Shade Tree Commission.
(4)
The landscaping plan shall be reviewed and shall receive a favorable
recommendation from the Planning Board's Landscape Architect and shall
be approved by the Planning Board. The landscaping plan shall consist
of native plants, trees and shrubs. Invasive species as defined by
the New Jersey Invasive Species Strike Team Do Not Plant List (https://www.fohvos.info/wp-content/uploads/2020/06/Strike_Team_Do_Not_Plant_List_2020_04_24-1.pdf)
shall be prohibited.
Q.
Views. Views from other properties through the site to the Delaware
River or to other open space adjacent to the tract shall be maintained
and enhanced whenever possible through the arrangement of lots, alleys,
streets and buildings. Eighth and Ninth Streets shall be constructed
where not completed and shall be extended, where applicable, to facilitate
views and access; required setbacks shall be measured from the street
lines of such streets or extensions thereof.
R.
Pedestrian and bicycle circulation.
(1)
All buildings shall have entrances accessed by means of a walkway
leading directly to the building from a public or semipublic pedestrian
walkway. Walkways shall be provided along all streets and/or all interior
driveways and as needed to connect the buildings on the site to the
surrounding neighborhood(s). Existing sidewalks shall be connected
wherever there are gaps and missing links. Sidewalks shall also be
provided as necessary to facilitate pedestrian movement and create
opportunities for outdoor seating and gathering, placement of street
furniture, etc.
(2)
Parking areas and pedestrian walkways shall be designed as attractive
elements of the site in their own right with the use of trees, landscaping,
and various building materials and textures. The use of pervious or
partially pervious surfaces for walkways and parking areas is encouraged.
(3)
If the developer intends to seek the Borough Council's approval of
the vacation of a portion of Eighth Street, and such vacation is approved
by the Borough Council, it will result in an impediment to the existing
public access to the towpath along the Delaware River. Consequently,
to ensure continued public access to the towpath, bike accessways
and pedestrian accessways shall be provided through the development
to the towpath via the extensions of Eighth, Ninth and Tenths Streets
or as approved by the Board and shall be protected by permanent public
access easement(s). Ramps shall be constructed as needed to facilitate
such public access over the bike accessways and pedestrian accessways.
(4)
Bike racks shall be provided on the site to facilitate bicycle use.
(5)
One or more crosswalks shall be provided between the development
and the elementary school on the opposite side of Harrison Street.
The placement of the crosswalk(s) shall be determined by the Borough
Council in consultation with the Police Department and the Board of
Education.
S.
Ownership and management of common areas, common elements and open
space.
(1)
The areas, elements and/or open space in the development to be owned
and used in common by the individual owners in the development or
to be used in common by the occupants of the development but owned
by an independent corporate property owner or management agent, shall
have such common areas, common elements and/or common open space shown
on the site plan, fully dimensioned, and designated as to the area
of responsibility and the extent and type of ownership and such other
conditions of usage or occupancy which shall be legally established
and recorded therefor, and a description or plan of each such area
shall be filed separately or as part of the descriptive maps of the
development with the Tax Assessor. This requirement may be satisfied
by the filing of a master deed in connection with a condominium form
of ownership or by the filing of a declaration of covenants, conditions
and restrictions in connection with a homeowners' association, if
applicable.
(2)
The Borough Council may, at any time and from time to time, accept
the dedication of land, or any interest therein, for public use and
maintenance, but no land proposed to be set aside for common open
space shall be required to be dedicated or made available to public
use as a condition of the approval of a site plan, except that public
bicycle and pedestrian access shall be provided through the development
to the towpath over existing streets and extensions of existing streets.
(3)
The landowner shall provide for and establish an entity for the ownership
and maintenance or, if held under a condominium form of ownership,
for the maintenance alone, of all common areas, common elements and
open space for the benefit of residents of the development. Such entity
shall not be dissolved and shall not dispose of any open space, by
sale or otherwise (except to another entity conceived and established
to own and maintain the open space for the benefit of such development),
without first offering to dedicate same to the Borough of Frenchtown
or other government agency.
(4)
The regulations of N.J.S.A. 40:55D-43b and c shall be applicable
to the maintenance of any common open space.
(5)
As a condition of the approval of a proposed development, the Board
shall require the adoption of certain binding rules and regulations
or bylaws by the organization established to own and/or maintain common
open space and other common areas, elements and/or structures located
within the development. Such rules, regulations or bylaws shall not
be changed without prior approval of the Borough Council, to ensure
reasonable maintenance and adherence to any conditions of site plan
approval.
[Added 9-12-2017 by Ord.
No. 797]
A.
Purpose. The purpose of this zone is to allow lots fronting on lower
Sixth and lower Seventh Streets to be redeveloped and/or adaptively
reused by the private sector to achieve the following objectives:
(1)
To promote private sector redevelopment/adaptive reuse of former
industrial sites for multifamily residential purposes at densities
high enough to enable the developer to reserve a portion of the total
number of residential units created for occupancy by and affordability
to qualified very-low-, low- and moderate-income households. Should
the developer choose to market the affordable units as rental units,
a set-aside of at least 15% of the total number of units constructed
is required. Should the developer choose to market the affordable
units as for sale units, a set-aside of at least 20% of the total
number of units constructed is required.
B.
Permitted principal and accessory uses.
(1)
Multifamily dwellings in apartment buildings containing up to three
residential stories that may be erected over an enclosed parking garage
(for a total of four stories) or that may be served by surface parking.
(2)
Parking lots, private roads, maintenance buildings, open space and
passive or active recreational facilities, and other common facilities
customarily incidental to a multifamily development.
C.
Tract development requirements.
(1)
Minimum tract area. The minimum tract area shall be 24,000 square
feet.
(2)
Overall density and maximum number of units. The density of development
for this zone shall not exceed 14 dwelling units per gross acre of
land.
(3)
Utility services and stormwater management. All development shall
be connected to public water and sanitary sewerage systems. Regardless
of whether water quantity attenuation is required for the development,
the design of the stormwater management plan shall incorporate water
quality measures, such as rain gardens and other filtration systems.
All on site utility lines, including electric, cable and telephone
service lines shall be placed underground.
D.
Yard, height and building and impervious coverage requirements.
(1)
Building separations and setbacks. These standards apply to new construction
only and shall not apply to existing buildings that are adapted for
residential development, which buildings may retain their existing
setbacks and distances between buildings.
(a)
There shall be a distance of not less than 20 feet between the
short walls of principal buildings.
(b)
There shall be a distance of not less than 50 feet between the
long walls of principal buildings.
(c)
Where a short wall faces a long wall, the minimum distance between
the buildings shall be 40 feet.
(d)
The minimum building setback from a parking area or internal
street shall be 10 feet.
(e)
The minimum side or rear yard setback of any building from a
property line that is not a street shall be five feet.
(2)
Building height. No building shall exceed three residential stories,
provided that the residential stories may be constructed over one
level of structured parking, for a total of four stories, and further
provided that the uppermost residential level shall not cover more
than 75% of the roof surface of the level below. The maximum height
of the residential floors of the building above the garage level shall
be 40 feet measured from the finished floor elevation of the first
residential level. Elevator shafts, roof-mounted mechanicals, cornices
and parapets may be excluded from the calculation of building height.
Separate buildings sharing a common elevator/service core may be separately
measured.
(3)
Building coverage. The area devoted to all buildings and structures
shall not exceed 50% of the area of the site, except that, where existing
buildings already cover a larger area and are being retained and adaptively
reused, the existing building coverage may be continued.
(4)
Impervious surface coverage. The area devoted to all buildings, structures,
parking lots, driveways, pathways and other compacted surfaces, whether
paved or unpaved, shall not exceed 75% of the area of the site, except
that, on a site where the existing buildings are being retained and
adaptively reused, any existing impervious surface coverage that already
exceeds the 75% limit may be continued.
(5)
Building sizes, scale and dimensions. The maximum width of any individual
building shall not exceed 190 feet, and the maximum depth of any individual
building shall not exceed 85 feet, except that, where an existing
building is being adaptively reused for residential purposes and has
dimension(s) in excess of these maximums, these maximum dimensions
shall not apply.
E.
Design standards.
(1)
Exterior design of new or substantially altered buildings.
(a)
Buildings shall be designed to be compatible with prevailing
architectural styles within Frenchtown and/or the style of the existing
building(s) located on the site. The exterior of each building shall
be presented as a single unified building with an articulated base
and corners. Materials to be used on the building(s) shall be subject
to approval by the Board. On new or substantially altered buildings,
the relative heights of various building elements compared to their
widths shall, to the extent, feasible, achieve a ratio of 1.618 vertical
to 1.00 horizontal.
(b)
Flat, shed, gambrel and mansard roofs shall be prohibited unless
preexisting or demonstrated to be consistent with the architectural
style of the buildings already on the property or adjacent to it.
Otherwise, new roofs shall be gabled or hip roofs. Pitched roofs shall
be constructed of materials designed to resemble slate shingles (which
could include dimensional asphalt shingles) or wood shingles or may
be of standing seam metal construction in a slate grey color. If an
alternative color is proposed, it shall be subject to a favorable
recommendation from the Board's Historical Architect and approval
by the Board.
(c)
Windows shall be trimmed out in painted wood or painted smooth-surfaced
wood-like synthetic material consistent with the architectural style
of the building. Shutters are not required, but, if provided, they
shall be of painted wood or painted, smooth-surfaced wood-like synthetic
material and shall be proportioned and hung so that, if and when closed,
they would completely cover the window.
(d)
Windows shall be double hung (except where casement windows
are required for firesafety), and shall have simulated divided lights
on both the interior and exterior faces with spacers between the panes
of glass. The number of lights in each window shall be appropriate
to the architectural style of the building.
(e)
Windows on each floor shall all be of similar size and type,
unless an intervening smaller window serves an appropriate decorative
function, and shall all be similarly trimmed. Window placement shall
be such that there is balance and symmetry on all exterior facades.
Blank walls are prohibited. Windows, doors, porches, pilasters, cornices
and other horizontal and vertical building elements shall be used
to achieve a human scale and avoid monotony. Side and rear walls of
buildings shall have a composed pattern of windows appropriate to
the architectural style of the front facade of the building.
(f)
Exterior utility boxes, mechanical and electrical equipment,
and HVAC equipment shall be screened from view by architectural elements
and/or landscape plantings.
(g)
Each building shall be provided with a master cable or satellite
dish receiver system to avoid the necessity of individual receivers
being erected on the exterior of the building.
(h)
No structure or equipment of any kind shall be attached to the
finished exterior surface of the roof, walls or other portions of
any building unless specifically approved by the Board, except for
approved residential-style lighting fixtures; gutters and downspouts;
approved architectural features such as shutters and trim; structures,
fixtures or equipment required for compliance with the Uniform Construction
Code; and/or a maximum of one satellite dish antenna per dwelling
unit, not exceeding one meter in diameter, located wholly within the
perimeter of an upper balcony or deck attached to and intended for
the exclusive use of the unit served by the dish antenna, and meeting
the following additional requirements:
[1]
No portion of the dish antenna may extend above the top of the
surrounding railing, unless the unit owner can demonstrate that in
the particular case of the unit in question, this requirement will
unduly impair reception; and
[2]
The satellite dish and all of its appurtenances must be painted
to blend with the background color of the area against which it is
mounted.
(2)
Interior design.
(a)
Each dwelling unit shall contain complete kitchen facilities,
toilets, bathing and washing facilities for exclusive use by the occupants
as well as private living space. No portion of one dwelling unit shall
be shared with another.
(b)
Where practicable, and to maximize privacy within each unit,
bedrooms and living spaces in individual dwellings within the same
building shall be separated by such spaces as bathrooms, kitchens,
stairs or mechanical areas, and appropriate soundproofing shall also
be provided between units.
(c)
Space to accommodate a clothes washer and dryer and the hookups
for such facilities shall be provided within each dwelling unit.
(d)
Garages, where provided, shall include sufficient room for the
parking of at least one vehicle as well as bicycles, strollers, grills,
sporting equipment and the like. Where a garage is not provided for
a unit, that unit shall include an area for such storage that is accessible
to the ground level and separate and apart from any clothing, linen,
coat and cleaning closets provided.
(3)
Energy efficiency. Developments are encouraged to incorporate energy
efficient "green building" design to the extent practicable to reduce
long-term maintenance and utility costs. Suggestions for energy efficient
design may be found in the NJ Green Building Manual (greenmanual.rutgers.edu).
F.
Parking standards.
(1)
The parking requirements set forth in the Residential Site Improvement
Standards shall be applicable to all dwelling units. All required
parking spaces shall be provided on-site in designated garages and/or
parking spaces accessed from interior driveways.
(2)
The parking of recreational vehicles and boats in driveways and common
parking lots shall be prohibited.
G.
Accessory structures.
(1)
The architectural design and materials used in the construction of
garages, trash enclosures and other accessory buildings shall conform
to the design and materials used in the construction of the principal
building(s) to which such structures relate.
(2)
Minimum required setbacks for accessory structures shall be the same
as those for principal structures.
(3)
No accessory structure shall exceed 1 1/2 stories and 22 feet
in height.
H.
Garbage disposal and recycling.
(1)
For multifamily dwellings in apartment buildings, the owner or designated
agent or the organization established to own and maintain the open
space(s) and other common elements within the development shall provide
and maintain in a neat and sanitary condition, either outside of or
within each apartment building, appropriate containers for the orderly
deposit, storage and removal of garbage and recyclables. Said owner
or designated agent or the organization shall arrange and pay for
the collection of garbage and recyclables on a regular basis.
(2)
All containers located outside of the building shall be situated
and enclosed by masonry walls and landscaping so as to be obscured
from view from buildings, parking areas, streets and adjacent properties.
I.
Supervision and management of rental units. Developments that include
rental dwelling units shall have a designated management agent, which
agency may be located off-premises, provided that the name, address
and twenty-four-hour telephone contact numbers of said agent are posted
in several prominent locations within each building and registered
with the Borough Clerk and Borough Police Department.
J.
Signage.
(1)
Permitted signs shall be the same as for the R-1 and R-2 Zones.
(2)
All directional and nameplate signs shall be of wood or painted, smooth-surfaced wood-like synthetic material and shall be sized and placed in accordance with § 50-302 of the Land Use Ordinance.
(3)
No permanent development identification sign shall be permitted.
During construction only, a temporary sign announcing the development
and the names of the architect, builder, bank or other entity involved
in the development shall be permitted, provided such sign does not
exceed 32 square feet in area nor six feet in height and is placed
outside of any right-of-way line.
K.
Street furniture and lighting.
(1)
Appropriate street and site furnishings shall be incorporated into
the site plan for the development, which shall include bicycle racks,
and may include flower boxes, arbors, planters, benches, fountains
and decorative pavement materials, if appropriate and feasible, as
approved by the Planning Board.
(2)
Site furnishings as listed above and lighting fixtures shall be consistent
in scale and architectural design with the buildings in the development
and constructed of materials reflecting the style of the buildings
on and adjacent to the property. Selection of site furnishings shall
consider durability, aesthetics, and long-term maintenance costs.
(3)
Lighting shall be subdued and shielded so as to prevent spillage
into buildings and onto adjoining properties and shall otherwise comply
with the lighting requirements of the Land Use Ordinance.
(4)
Lighting fixtures shall be mounted at the lowest appropriate height.
No on-site freestanding lighting fixture shall be higher than 12 feet.
L.
Fences, walls and hedges.
(1)
Fences and walls adjacent to a street or interior common driveway
or public sidewalk shall not exceed 2.5 feet in height. No interior
fence or wall shall be higher than 4.5 feet in height.
(2)
Fences shall be of a decorative metal in a traditional cast iron
pattern or of decorative traditional wooden or simulated wood pickets.
The type of fence shall be selected to complement the architectural
style of the building(s). Fences shall be reinforced with larger posts
at corners, entrances and gates and at forty-foot intervals. No chain-link
fences shall be allowed.
(3)
Walls, if provided, shall be of brick or stucco or local fieldstone
or faced with local fieldstone or a similar material as approved by
the Board. If an alternative material is proposed, it shall be reviewed
and favorably recommended by the Board's Historical Architect and
approved by the Board.
M.
Affordable housing.
(1)
All new residential developments shall provide affordable housing
on-site at the rate of 20% of the total proposed dwelling units, if
the affordable units will be for sale, and at the rate of 15% of the
total proposed dwelling units, if the affordable units will be for
rent.
(2)
All affordable housing units shall be in full conformance with the
Uniform Housing Affordability Controls (UHAC), except as to the percentage
of very low-income housing units required, and with all regulations
contained in the Borough's adopted Affordable Housing Ordinance.
(3)
In the event that the applicable set-aside ratio results in a fraction
of an affordable unit being required, the developer shall round up
to the next whole number.
(4)
Where one affordable unit is provided, that unit shall be a low-income
unit. Where two affordable units are provided, one unit shall be a
very-low-income unit and one unit may be a moderate-income unit. Where
three affordable units are provided, one unit shall be a very low-income
unit, one unit shall be a low-income unit, and one unit may be a moderate-income
unit.
N.
Landscaping.
(1)
Landscaping, including the provision of street trees, shall be in conformance with § 50-707 of the Land Use Ordinance.
(2)
Landscaping shall be used to soften the corners and edges of buildings.
(3)
Street frontages shall be planted with shade trees as recommended
on the Tree-Species-Planting-List.pdf and as approved by the Borough's
Shade Tree Commission.
(4)
The landscaping plan shall be reviewed and shall receive a favorable
recommendation from the Planning Board's landscape architect and shall
be approved by the Planning Board. The landscaping plan shall consist
of native plants, trees and shrubs. Invasive species as defined by
the New Jersey Invasive Species Strike Team Do Not Plant List (https://www.fohvos.info/wp-content/uploads/2020/06/Strike_Team_Do_Not_Plant_List_2020_04_24-1.pdf)
shall be prohibited.
O.
Views. Views from other properties through the site to the Delaware
River or to other open space adjacent to the tract shall be maintained
and enhanced whenever possible through the arrangement of lots, alleys,
streets and buildings.
P.
Pedestrian and bicycle circulation.
(1)
All buildings shall have entrances accessed by means of a walkway
leading directly to the building from a public or semipublic pedestrian
walkway. Walkways shall be provided along all streets and/or all interior
driveways and as needed to connect the buildings on the site to the
surrounding neighborhood(s). Existing sidewalks shall be connected
wherever there are gaps and missing links. Sidewalks shall also be
provided as necessary to facilitate pedestrian movement and create
opportunities for outdoor seating and gathering, placement of street
furniture, etc.
(2)
Parking areas and pedestrian walkways shall be designed as attractive
elements of the site in their own right with the use of trees, landscaping,
and various building materials and textures. The use of pervious or
partially pervious surfaces for walkways and parking areas is encouraged.
(3)
If the developer intends to seek the Borough Council's approval of
the vacation of a street, and such vacation is approved by the Borough
Council, it will result in an impediment to the existing public access
to the towpath along the Delaware River. Consequently, to ensure continued
public access to the towpath, bike accessways and pedestrian accessways
shall be provided through the development to the towpath as approved
by the Board and shall be protected by permanent public access easement(s).
Ramps shall be constructed as needed to facilitate such public access
over the bike accessways and pedestrian accessways.
(4)
Bike racks shall be provided on the site to facilitate bicycle use.
Q.
Ownership and management of common areas and common elements.
(1)
The areas and elements in the development to be owned and used in
common by the individual owners in the development or to be used in
common by the occupants of the development but owned by an independent
corporate property owner or management agent, shall have such common
areas and common elements shown on the site plan, fully dimensioned,
and designated as to the area of responsibility and the extent and
type of ownership and such other conditions of usage or occupancy
which shall be legally established and recorded therefor, and a description
or plan of each such area shall be filed separately or as part of
the descriptive maps of the development with the Tax Assessor. This
requirement may be satisfied by the filing of a master deed in connection
with a condominium form of ownership or by the filing of a declaration
of covenants, conditions and restrictions in connection with a homeowners'
association, if applicable.
(2)
The Borough Council may, at any time and from time to time, accept
the dedication of land, or any interest therein, for public use and
maintenance, but no land proposed to be set aside for open space or
other purposes shall be required to be dedicated or made available
to public use as a condition of the approval of a site plan, except
that public bicycle and pedestrian access shall be provided through
the development to the towpath over existing streets and extensions
of existing streets.
(3)
The landowner shall provide for and establish an entity for the ownership
and maintenance or, if held under a condominium form of ownership,
for the maintenance alone, of all common areas and common elements
for the benefit of residents of the development. Such entity shall
not be dissolved, by sale or otherwise except to another entity conceived
and established to own and maintain such common elements for the benefit
of such development.
(4)
The regulations of N.J.S.A. 40:55D-43b and c shall be applicable
to the maintenance of common open space, if provided.
(5)
As a condition of the approval of a proposed development, the Board
shall require the adoption of certain binding rules and regulations
or bylaws by the organization established to own and/or maintain common
areas and common elements and/or structures located within the development.
Such rules, regulations or bylaws shall not be changed without prior
approval of the Borough Council, to ensure reasonable maintenance
and adherence to any conditions of site plan approval.
[Added 9-12-2017 by Ord.
No. 797]
A.
Purpose. The purpose of this zone is to allow a partially developed/partially
vacant site located along a residential street to be redeveloped by
the private sector to achieve the following objectives: to promote
private sector development of the site for two-family residential
purposes, using forms and densities that are consistent with and complementary
to the residential uses, forms and densities already existing along
Eighth Street, but at a higher density so as to enable a developer
to set aside and reserve a portion of the total number of units constructed
for occupancy by and affordability to qualified very-low-, low- and
moderate-income households. Should the developer choose to market
the affordable units as rental units, a set-aside of at least 15%
of the total number of units constructed is required. Should the developer
choose to market the affordable units as for sale units, a set-aside
of at least 20% of the total number of units constructed is required.
B.
Permitted principal and accessory uses.
(1)
Attached single-family dwellings in buildings containing not more
than two dwellings each.
(2)
Individual attached or detached garages serving the uses set forth in Subsection B(1) above, provided such garages are located behind the front building line of the principal building served and further provided that detached garages shall be accessed from the alley rather than from Eighth Street.
C.
Tract development requirements.
(1)
Minimum tract area. The minimum tract area shall be 20,000 square
feet, exclusive of land in the public right-of-way.
(2)
Overall density and maximum number of units. The density of development
for this zone shall not exceed 12 dwelling units per gross acre of
land, excluding land in the public right-of-way, nor more than six
total units.
(3)
Utility services and stormwater management. All development shall
be connected to public water and sanitary sewerage systems. The design
of the stormwater management plan shall incorporate water quality
measures, such as rain gardens and other filtration systems. All on-site
utility lines, including electric, cable and telephone service lines,
shall be placed underground.
D.
Yard, setback, height and building and impervious coverage requirements
for single-family attached dwellings.
(1)
Yard and setback requirements.
(a)
The minimum front yard setback from Eighth Street shall be eight
feet from the public right-of-way and 12 feet from the house edge
of the sidewalk line along the abutting street. The maximum front
yard setback shall be 15 feet from the right-of-way of the abutting
street and 20 feet from the house edge of the sidewalk line along
the abutting street. The minimum front yard setback from Milford Road
shall be 25 feet from the public right-of-way. Setbacks are encouraged
to be varied slightly within these parameters. Porches shall be excluded
from the measurement of the front yard setback.
(b)
The minimum side yard setback for a principal building shall
be 10 feet.
(c)
The minimum rear yard setback for a principal building shall
be 25 feet.
(d)
The minimum setback for a detached garage shall be 10 feet from
a side lot line and 18 feet from a rear lot line.
(e)
The minimum distance between the sides of any two buildings
shall be 12 feet.
(f)
The minimum distance between the rear of one building and the
side of another shall be 40 feet.
(g)
Eaves, fireplaces, cantilevered structures and similar features
shall be permitted to encroach a maximum of 18 inches into the front,
side and rear setbacks.
(2)
Building height.
(a)
The maximum building height of a principal building shall be
2 1/2 stories and 35 feet in height, exclusive of chimneys or
cupolas. Such measurements shall be taken between the ground at the
front of the building and the highest point of the roof.
(b)
The maximum building height of a detached garage shall not exceed
15 feet.
(3)
Impervious surface coverage. The area devoted to all buildings, accessory
structures, parking areas, driveways, walkways and other compacted
surfaces, whether paved or unpaved, shall not exceed 35% of the lot
area.
E.
Design standards.
(1)
Exterior design.
(a)
Buildings shall be designed to be compatible with nearby architectural
styles. The exterior of each building shall be presented as a single
unified building with an articulated base and corners. Individual
units within the building shall be delineated with entrances, porches
and fenestration. Materials to be used on each building and throughout
the development shall be subject to approval by the Board. The relative
heights of various building elements compared to their widths shall,
to the extent, feasible, achieve a ratio of 1.618 vertical to 1.00
horizontal.
(b)
Yard spaces for single-family attached dwellings shall be clearly
defined using hedges, walls or fencing.
(c)
Each single-family attached dwelling shall have a roofed front
porch with painted railings supported by painted turned wood or wood-like
synthetic balusters. The porch shall be at least five feet deep and
shall occupy at least 75% of the front facade of the unit or building
to which it is attached. Porch floors shall be tongue and groove,
may be made of wood or a synthetic smooth material, and shall be painted
or stained.
(d)
Each single-family attached building shall be clad in traditional
painted wood clapboard or painted, smooth-surfaced wood-like synthetic
material having the appearance of traditional clapboard and shall
have articulated corners and base. All exposed foundations shall have
a finished surface.
(e)
Flat, shed, gambrel and mansard roofs shall be prohibited. Roofs
shall be gabled or hip roofs. Roofs shall be constructed of materials
designed to resemble slate shingles (which could include dimensional
asphalt shingles) or wood shingles or may be of standing seam metal
construction in a slate grey color. If an alternative color is proposed,
it shall be subject to a favorable recommendation from the Board's
Historical Architect and approval by the Board.
(f)
If shutters are provided, they shall be of painted wood or painted,
smooth-surfaced wood-like synthetic material and shall be proportioned
and hung so that, if and when closed, they would completely cover
the window. Shutters are not required. If shutters are not provided,
windows shall be trimmed out in painted wood or painted smooth-surfaced
wood-like synthetic material consistent with the architectural style
of the building.
(g)
Windows shall be double hung (except where casement windows
are required for firesafety), and shall have simulated divided lights
on both the interior and exterior faces with spacers between the panes
of glass. The number of lights in each window shall be appropriate
to the architectural style of the building.
(h)
Windows on each floor shall all be of similar size and type,
unless an intervening smaller window serves an appropriate decorative
function, and shall all be similarly trimmed. Window placement shall
be such that there is balance and symmetry on all exterior facades.
Blank walls are prohibited. Windows, doors, porches, pilasters, cornices
and other horizontal and vertical building elements shall be used
to achieve a human scale and avoid monotony. Side and rear walls of
buildings shall have a composed pattern of windows appropriate to
the architectural style of the front facade of the building.
(i)
Exterior utility boxes, mechanical and electrical equipment,
and HVAC equipment shall be screened from view by architectural elements
and/or landscape plantings.
(j)
Each building shall be provided with a master cable or satellite
dish receiver system to avoid the necessity of individual receivers
being erected on the exterior of the building.
(k)
No structure or equipment of any kind shall be attached to the
finished exterior surface of the roof, walls or other portions of
any building unless specifically approved by the Board, except for
approved residential-style lighting fixtures; gutters and downspouts;
approved architectural features such as shutters and trim; structures,
fixtures or equipment required for compliance with the Uniform Construction
Code; and/or a maximum of one satellite dish antenna per dwelling
unit, not exceeding one meter in diameter, located wholly within the
perimeter of an upper balcony or deck attached to and intended for
the exclusive use of the unit served by the dish antenna, and meeting
the following additional requirements:
[1]
No portion of the dish antenna may extend above the top of the
surrounding railing, unless the unit owner can demonstrate that in
the particular case of the unit in question, this requirement will
unduly impair reception; and
[2]
The satellite dish and all of its appurtenances must be painted
to blend with the background color of the area against which it is
mounted.
(l)
The architectural design and materials used in the construction
of garages and other accessory buildings and structures shall conform
to the design and materials used in the construction of the principal
building(s) to which such buildings and structures relate.
(2)
Interior design.
(a)
Each dwelling unit shall contain complete kitchen facilities,
toilets, bathing and washing facilities for exclusive use by the occupants
as well as private living space. No portion of one dwelling unit shall
be shared with another.
(b)
Where practicable, and to maximize privacy within each unit,
bedrooms and living spaces in individual dwellings within the same
building shall be separated by such spaces as bathrooms, kitchens,
stairs or mechanical areas, and appropriate soundproofing shall also
be provided between units.
(c)
Space to accommodate a clothes washer and dryer and the hookups
for such facilities shall be provided within each dwelling unit.
(d)
Garages, where provided, shall include sufficient room for the
parking of at least one vehicle as well as bicycles, strollers, grills,
sporting equipment and the like. Where a garage is not provided for
a unit, that unit shall include an area for such storage that is accessible
to the ground level and that is separate and apart from any clothing,
linen, coat and cleaning closets provided.
(3)
Energy efficiency. Developments are encouraged to incorporate energy
efficient "green building" design to the extent practicable to reduce
long-term maintenance and utility costs. Suggestions for energy efficient
design may be found in the NJ Green Building Manual (greenmanual.rutgers.edu).
F.
Parking standards.
(1)
The parking requirements set forth in the Residential Site Improvement
Standards shall be applicable to all dwelling units.
(2)
Garages may either be provided as a separate structure or within
or attached to the principal structure, but in any case shall be located
entirely behind the rear plane of the principal building. No garage
doors shall be permitted to face Eighth Street or Milford Road.
(3)
Parking may be provided in residential driveways not exceeding 12
feet in width and having a length of at least 18 feet clear of any
alley, roadway, interior common driveway or sidewalk area.
(4)
The parking of recreational vehicles and boats in driveways and common
parking lots shall be prohibited.
G.
Garbage disposal and recycling. Garbage and recycling containers
shall be able to be stored and shall be stored within garages or within
enclosed storage closets and shall be put out at the curb on collection
days.
H.
Supervision and management of rental units. Developments that include
rental dwelling units shall have a designated management agent, which
agency may be located off-premises, provided that the name, address
and twenty-four-hour telephone contact numbers of said agent are posted
in several prominent locations within each building and registered
with the Borough Clerk and Borough Police Department.
I.
Signage.
(1)
Permitted signs shall be the same as for the R-1 and R-2 Zones.
(2)
All directional and nameplate signs shall be of wood or painted, smooth-surfaced wood-like synthetic material and shall be sized and placed in accordance with § 50-302 of the Land Use Ordinance.
(3)
No permanent development identification sign shall be permitted.
During construction only, a temporary sign announcing the development
and the names of the architect, builder, bank or other entity involved
in the development shall be permitted, provided such sign does not
exceed 32 square feet in area nor six feet in height and is placed
outside of any right-of-way line.
J.
Street furniture and lighting.
(1)
Appropriate site furnishings shall be incorporated into the site
plan for the development, which shall include bicycle racks and may
include flower boxes, arbors, planters, benches, fountains and decorative
pavement materials, as approved by the Board.
(2)
Site furnishings as listed above and lighting fixtures shall be consistent
in scale and architectural design with the buildings in the development
and constructed of materials reflecting the style of the buildings
on and adjacent to the property. Selection of site furnishings shall
consider durability, aesthetics, and long-term maintenance costs.
(3)
Lighting shall be residential in character, subdued and shielded
so as to prevent spillage into buildings and onto adjoining properties
and shall otherwise comply with the lighting requirements of the Land
Use Ordinance.
(4)
Lighting fixtures shall be mounted at the lowest appropriate height.
Freestanding lighting fixtures are discouraged in this zone, but,
if deemed necessary by the Board, shall not exceed an overall height
of 12 feet.
K.
Fences, walls and hedges.
(1)
Fences or walls shall be used to delineate private front, side and
rear yard areas. Fences and walls adjacent to a street or interior
common driveway or public sidewalk shall not exceed 2.5 feet in height.
No interior fence or wall shall be higher than 4.5 feet in height.
(2)
Fences shall be of a decorative metal in a traditional cast-iron
pattern or of decorative traditional wooden or simulated wood pickets.
The type of fence shall be selected to complement the architectural
style of the building(s). Fences shall be reinforced with larger posts
at corners, entrances and gates and at forty-foot intervals. No chain-link
fences shall be allowed.
(3)
Walls, if provided, shall be of brick or stucco or local fieldstone
or faced with local fieldstone or a similar material as approved by
the Planning Board. If an alternative material is proposed, it shall
be reviewed and favorably recommended by the Planning Board's Historical
Architect and approved by the Planning Board.
L.
Affordable housing.
(1)
All new residential developments shall provide affordable housing
on-site at the rate of 20% of the total proposed dwelling units, if
the affordable units will be for sale, and at the rate of 15% of the
total proposed dwelling units, if the affordable units will be for
rent.
(2)
All affordable housing units shall be in full conformance with the
Uniform Housing Affordability Controls (UHAC), except as to the percentage
of very-low-income housing units required, and with all regulations
contained in the Borough's adopted Affordable Housing Ordinance.[1]
[1]
Editor's Note: See Ch. XVI, Affordable Housing.
(3)
In the event that the applicable set-aside ratio results in a fraction
of an affordable unit being required, the developer shall round up
to the next whole number.
(4)
Where one affordable unit is provided, that unit shall be a low-income
unit. Where two affordable units are provided, one unit shall be a
very-low-income unit and one unit may be a moderate-income unit. Where
three affordable units are provided, one unit shall be a very-low-income
unit, one unit shall be a low-income unit, and one unit may be a moderate-income
unit.
M.
Landscaping.
(1)
Landscaping, including the provision of street trees, shall be in conformance with § 50-707 of the Land Use Ordinance.
(2)
Landscaping shall be used to soften the corners and edges of buildings.
(3)
Street frontages shall be planted with shade trees as recommended
on the Tree-Species-Planting-List.pdf and as approved by the Borough's
Shade Tree Commission.
(4)
The landscaping plan shall be reviewed and shall receive a favorable
recommendation from the Planning Board's landscape architect and shall
be approved by the Planning Board. The landscaping plan shall consist
of native plants, trees and shrubs. Invasive species as defined by
the New Jersey Invasive Species Strike Team Do Not Plant List (https://www.fohvos.info/wp-content/uploads/2020/06/Strike_Team_Do_Not_Plant_List_2020_04_24-1.pdf)
shall be prohibited.
N.
Pedestrian circulation; bike racks.
(1)
All buildings shall have entrances accessed by means of a walkway
leading directly to the building from a public or semipublic pedestrian
walkway. Walkways shall be provided along all streets and/or all interior
driveways and as needed to connect the buildings on the site to the
surrounding neighborhood(s). Existing sidewalks shall be connected
wherever there are gaps and missing links. Sidewalks shall also be
provided as necessary to facilitate pedestrian movement and create
opportunities for outdoor seating and gathering, placement of street
furniture, etc.
(2)
Parking areas and pedestrian walkways shall be designed as attractive
elements of the site in their own right with the use of trees, landscaping,
and various building materials and textures. The use of pervious or
partially pervious surfaces for walkways and parking areas is encouraged.
(3)
Bike racks shall be provided on the site to facilitate bicycle use.
O.
Ownership and management of common areas and common elements.
(1)
The areas and elements in the development to be owned and used in
common by the individual owners in the development or to be used in
common by the occupants of the development but owned by an independent
corporate property owner or management agent, shall have such common
areas and common elements shown on the site plan, fully dimensioned,
and designated as to the area of responsibility and the extent and
type of ownership and such other conditions of usage or occupancy
which shall be legally established and recorded therefor, and a description
or plan of each such area shall be filed separately or as part of
the descriptive maps of the development with the Tax Assessor. This
requirement may be satisfied by the filing of a master deed in connection
with a condominium form of ownership or by the filing of a declaration
of covenants, conditions and restrictions in connection with a homeowners'
association, if applicable.
(2)
The landowner shall provide for and establish an entity for the ownership
and maintenance or, if held under a condominium form of ownership,
for the maintenance alone, of all common areas, common elements and
common open space for the benefit of residents of the development.
Such entity shall not be dissolved, by sale or otherwise, except to
another entity conceived and established to own and maintain such
common areas, elements and open space for the benefit of such development.
(3)
The regulations of N.J.S.A. 40:55D-43b and c shall be applicable
to the maintenance of common open space, if any.
(4)
As a condition of the approval of a proposed development, the Board
shall require the adoption of certain binding rules and regulations
or bylaws by the organization established to own and/or maintain common
open space and other common areas, elements and/or structures located
within the development. Such rules, regulations or bylaws shall not
be changed without prior approval of the Borough Council, to ensure
reasonable maintenance and adherence to any conditions of site plan
approval.
[Added 9-12-2017 by Ord.
No. 797]
A.
Purpose. The purpose of this zone is to provide an opportunity for
the adaptive reuse of an historic church that is no longer being used
for religious purposes, and the dwelling located on the same lot,
by permitting the conversion of such buildings for multifamily residential
purposes at a density that is high enough to enable the developer
to reserve a portion of the total number of residential units created
for occupancy by and affordability to qualified very-low-, low- and
moderate-income households. Should the developer choose to market
the affordable units as rental units, a set-aside of at least 15%
of the total number of units constructed is required. Should the developer
choose to market the affordable units as for sale units, a set-aside
of at least 20% of the total number of units constructed is required.
C.
Site development requirements.
(1)
Minimum site area. The minimum site area shall be 25,000 square feet
of land.
(2)
Overall density and maximum number of units. The density of development
permitted for this zone shall be 16 dwelling units per gross acre
of land, not to exceed 10 dwelling units.
(3)
Utility services and stormwater management. All development shall
be connected to public water and sanitary sewerage systems.
D.
Yard, height and building and impervious coverage requirements. The
following standards apply to new construction only and shall not apply
to sites with existing buildings that are adapted for residential
development:
(1)
Building separation requirements.
(a)
There shall be a distance of not less than 20 feet between the
short walls of principal buildings.
(b)
There shall be a distance of not less than 50 feet between the
long walls of principal buildings.
(c)
Where a short wall faces a long wall, the minimum distance between
the buildings shall be 40 feet.
(d)
The minimum building setback from a parking area or internal
street shall be 10 feet.
(e)
The minimum front building setback shall be at least 10 feet
but not more than 15 feet from the house side of the abutting sidewalk.
(f)
The minimum side or rear yard setback of any building from a
property line that is not a street shall be 10 feet.
(g)
The minimum parking setback from an adjacent lot line shall
be eight feet.
(2)
Building height. No new building shall exceed three residential stories.
The maximum height of a principal building shall not exceed 40 feet
from the ground level at the front of the building to the highest
point of the roof. Elevator shafts, roof-mounted mechanicals, cornices
and parapets may be excluded from the calculation of building height.
Separate buildings sharing a common elevator/service core may be separately
measured.
(3)
Building coverage. The area devoted to all buildings and accessory
structures shall not exceed 40% of the area of the site.
(4)
Impervious surface coverage. The area devoted to all buildings, structures,
parking lots, driveways, pathways and other compacted surfaces, whether
paved or unpaved, shall not exceed 80% of the area of the site.
(5)
Building sizes, scale and dimensions. The maximum dimensions of any
individual new building shall not exceed 160 feet by 40 feet.
E.
Design standards.
(1)
Exterior design of new or substantially altered buildings.
(a)
Buildings shall be designed to be compatible with local architectural
styles and/or the existing building(s) located on the site. The exterior
of each building shall be presented as a single unified building with
an articulated base and comers. Materials to be used on the building(s)
shall be subject to approval by the Board. On new or substantially
altered buildings, the relative heights of various building elements
compared to their widths shall, to the extent, feasible, achieve a
ratio of 1.618 vertical to 1.00 horizontal.
(b)
Shed, gambrel and mansard roofs shall be prohibited unless preexisting
or demonstrated to be consistent with the architectural style of the
buildings already on the property or adjacent to it. Otherwise, new
roofs shall be gabled or hip roofs or may be flat roofs with architectural
treatment of cornice lines around the entire perimeter of the building.
Pitched roofs shall be constructed of materials designed to resemble
slate shingles (which could include dimensional asphalt shingles)
or wood shingles or may be of standing seam metal construction in
a slate grey color. If an alternative color is proposed, it shall
be subject to a favorable recommendation from the Board's Historical
Architect and approval by the Board.
(c)
Windows shall be trimmed out in painted wood or painted smooth-surfaced
wood-like synthetic material consistent with the architectural style
of the building. Shutters are not required, but, if provided, they
shall be of painted wood or painted, smooth-surfaced wood-like synthetic
material and shall be proportioned and hung so that, if and when closed,
they would completely cover the window.
(d)
Windows shall be double hung (except where casement windows
are required for firesafety), and shall have simulated divided lights
on both the interior and exterior faces with spacers between the panes
of glass. The number of lights in each window shall be appropriate
to the architectural style of the building.
(e)
Windows on each floor shall all be of similar size and type,
unless an intervening smaller window serves an appropriate decorative
function, and shall all be similarly trimmed. Window placement shall
be such that there is balance and symmetry on all exterior facades.
Blank walls are prohibited. Windows, doors, porches, pilasters, cornices
and other horizontal and vertical building elements shall be used
to achieve a human scale and avoid monotony. Side and rear walls of
buildings shall have a composed pattern of windows appropriate to
the architectural style of the front facade of the building.
(f)
Exterior utility boxes, mechanical and electrical equipment,
and HVAC equipment shall be screened from view by architectural elements
and/or landscape plantings.
(g)
Each building shall be provided with a master cable or satellite
dish receiver system to avoid the necessity of individual receivers
being erected on the exterior of the building.
(h)
No structure or equipment of any kind shall be attached to the
finished exterior surface of the roof, walls or other portions of
any building unless specifically approved by the Board, except for
approved residential-style lighting fixtures; gutters and downspouts;
approved architectural features such as shutters and trim; structures,
fixtures or equipment required for compliance with the Uniform Construction
Code; and/or a maximum of one satellite dish antenna per dwelling
unit, not exceeding one meter in diameter, located wholly within the
perimeter of an upper balcony or deck attached to and intended for
the exclusive use of the unit served by the dish antenna, and meeting
the following additional requirements:
[1]
No portion of the dish antenna may extend above the top of the
surrounding railing, unless the unit owner can demonstrate that in
the particular case of the unit in question, this requirement will
unduly impair reception; and
[2]
The satellite dish and all of its appurtenances must be painted
to blend with the background color of the area against which it is
mounted.
(2)
Interior design.
(a)
Each dwelling unit shall contain complete kitchen facilities,
toilets, bathing and washing facilities for exclusive use by the occupants
as well as private living space. No portion of one dwelling unit shall
be shared with another.
(b)
Where practicable, and to maximize privacy within each unit,
bedrooms and living spaces in individual dwellings within the same
building shall be separated by such spaces as bathrooms, kitchens,
stairs or mechanical areas, and appropriate soundproofing shall also
be provided between units.
(c)
Space to accommodate a clothes washer and dryer and the hookups
for such facilities shall be provided within each dwelling unit.
(d)
An area shall be provided for each unit for the storage of bicycles,
strollers, grills, sporting equipment and the like. Such storage area
shall be accessible to the ground floor and shall be separate and
apart from any clothing, linen, coat and cleaning closets provided.
(3)
Energy efficiency. Developments are encouraged to incorporate energy-efficient
"green building" design to the extent practicable to reduce long-term
maintenance and utility costs. Suggestions for energy-efficient design
may be found in the NJ Green Building Manual (greenmanual.rutgers.edu).
F.
Parking standards.
(1)
The parking requirements set forth in the Residential Site Improvement
Standards shall be applicable to all dwelling units. All required
parking spaces shall be provided on-site in designated parking spaces
accessed from interior driveways, except that tandem parking is permitted
in connection with the adaptive reuse of the existing buildings on
the site.
(2)
The parking of recreational vehicles and boats in driveways and common
parking lots shall be prohibited.
G.
Accessory structures.
(1)
The architectural design and materials used in the construction of
trash enclosures and other accessory buildings, if any, shall conform
to the design and materials used in the construction of the principal
building(s) to which such structures relate.
(2)
Minimum required setbacks for accessory structures shall be the same
as those for principal structures.
(3)
No accessory structure shall exceed one story and 15 feet in height.
H.
Garbage disposal and recycling.
(1)
The owner or designated agent or the organization established to
own and maintain the open space(s) and other common elements within
the development shall provide and maintain in a neat and sanitary
condition, either outside of or within each building, appropriate
containers for the orderly deposit, storage and removal of garbage
and recyclables. Said owner or designated agent or the organization
shall arrange and pay for the collection of garbage and recyclables
on a regular basis.
(2)
All containers located outside of the building shall be situated
and enclosed by masonry walls and landscaping so as to be obscured
from view from buildings, parking areas, streets and adjacent properties.
I.
Supervision and management of rental units. Developments that include
rental dwelling units shall have a designated management agent, which
agency may be located off-premises, provided that the name, address
and twenty-four-hour telephone contact numbers of said agent are posted
in several prominent locations within each building and registered
with the Borough Clerk and Borough Police Department.
J.
Signage.
(1)
Permitted signs shall be the same as for the R-1 and R-2 Zones.
(2)
All directional and nameplate signs shall be of wood or painted, smooth-surfaced wood-like synthetic material and shall be sized and placed in accordance with § 50-302 of the Land Use Ordinance. Historic signs on existing buildings shall be permitted to remain.
(3)
No permanent development identification sign shall be permitted.
During construction only, a temporary sign announcing the development
and the names of the architect, builder, bank or other entity involved
in the development shall be permitted, provided such sign does not
exceed 32 square feet in area nor six feet in height and is placed
outside of any right-of-way line.
K.
Street furniture and lighting.
(1)
Street and site furnishings shall be incorporated into the site plan
for the development, as appropriate, which site furnishings shall
include bicycle racks and may include flower boxes, arbors, planters,
benches, fountains and decorative pavement materials as approved by
the Planning Board.
(2)
Site furnishings as listed above and lighting fixtures shall be consistent
in scale and architectural design with the buildings in the development
and constructed of materials reflecting the style of the buildings
on and adjacent to the property. Selection of site furnishings shall
consider durability, aesthetics, and long-term maintenance costs.
(3)
Lighting shall be subdued and shielded so as to prevent spillage
into buildings and onto adjoining properties and shall otherwise comply
with the lighting requirements of the Land Use Ordinance.
(4)
Lighting fixtures shall be mounted at the lowest appropriate height.
No on-site freestanding lighting fixture shall be higher than 12 feet.
L.
Fences, walls and hedges.
(1)
Fences or walls shall be used to delineate yard areas. Fences and
walls adjacent to a street or interior common driveway or public sidewalk
shall not exceed 2.5 feet in height. No interior fence or wall shall
be higher than 4.5 feet in height.
(2)
Fences shall be of a decorative metal in a traditional cast-iron
pattern or of decorative traditional wooden or simulated wood pickets.
The type of fence shall be selected to complement the architectural
style of the building(s). Fences shall be reinforced with larger posts
at corners, entrances and gates and at forty-foot intervals. No chain-link
fences shall be allowed.
(3)
Walls, if provided, shall be of brick or stucco or local fieldstone
or faced with local fieldstone or a similar material as approved by
the Planning Board. If an alternative material is proposed, it shall
be reviewed and favorably recommended by the Board's Historical Architect
and approved by the Planning Board.
M.
Affordable housing.
(1)
All new residential developments shall provide affordable housing
on-site at the rate of 20% of the total proposed dwelling units, if
the affordable units will be for sale, and at the rate of 15% of the
total proposed dwelling units, if the affordable units will be for
rent.
(2)
All affordable housing units shall be in full conformance with the
Uniform Housing Affordability Controls (UHAC), except as to the percentage
of very-low-income housing units required, and with all regulations
contained in the Borough's adopted Affordable Housing Ordinance.[1]
[1]
Editor's Note: See Art. XVI, Affordable Housing.
(3)
In the event that the applicable set-aside ratio results in a fraction
of an affordable unit being required, the developer shall round up
to the next whole number.
(4)
Where one affordable unit is provided, that unit shall be a low-income
unit. Where two affordable units are provided, one unit shall be a
very-low-income unit and one unit may be a moderate-income unit. Where
three affordable units are provided, one unit shall be a very-low-income
unit, one unit shall be a low-income unit, and one unit may be a moderate-income
unit.
N.
Landscaping.
(1)
Landscaping, including the provision of street trees, shall be in conformance with § 50-707 of the Land Use Ordinance.
(2)
Landscaping shall be used to soften the corners and edges of buildings.
(3)
Street frontages shall be planted with shade trees as recommended
on the Tree-Species-Planting-List.pdf and as approved by the Borough's
Shade Tree Commission.
(4)
The landscaping plan shall be reviewed and shall receive a favorable
recommendation from the Planning Board's Landscape Architect and shall
be approved by the Planning Board. The landscaping plan shall consist
of native plants, trees and shrubs. Invasive species as defined by
the New Jersey Invasive Species Strike Team Do Not Plant List (https://www.fohvos.info/wp-content/uploads/2020/06/Strike_Team_Do_Not_Plant_List_2020_04_24-1.pdf)
shall be prohibited.
O.
Pedestrian circulation, bicycle racks.
(1)
All buildings shall have entrances accessed by means of a walkway
leading directly to the building from a public or semipublic pedestrian
walkway. Walkways shall be provided along all streets and/or all interior
driveways and as needed to connect the buildings on the site to the
surrounding neighborhood(s). Existing sidewalks shall be connected
wherever there are gaps and missing links. Sidewalks shall also be
provided as necessary to facilitate pedestrian movement and create
opportunities for outdoor seating and gathering, placement of street
furniture, etc.
(2)
Parking areas and pedestrian walkways shall be designed as attractive
elements of the site in their own right with the use of trees, landscaping,
and various building materials and textures. The use of pervious or
partially pervious surfaces for walkways and parking areas is encouraged.
(3)
Bike racks shall be provided on the site to facilitate bicycle use.
P.
Ownership and management of common areas and common elements.
(1)
The areas and elements in the development to be owned and used in
common by the individual owners in the development or to be used in
common by the occupants of the development but owned by an independent
corporate property owner or management agent, shall have such common
areas and common elements shown on the site plan, fully dimensioned,
and designated as to the area of responsibility and the extent and
type of ownership and such other conditions of usage or occupancy
which shall be legally established and recorded therefor, and a description
or plan of each such area shall be filed separately or as part of
the descriptive maps of the development with the Tax Assessor. This
requirement may be satisfied by the filing of a master deed in connection
with a condominium form of ownership or by the filing of a declaration
of covenants, conditions and restrictions in connection with a homeowners'
association, if applicable.
(2)
The landowner shall provide for and establish an entity for the ownership
and maintenance or, if held under a condominium form of ownership,
for the maintenance alone, of all common areas and common elements
for the benefit of residents of the development. Such entity shall
not be dissolved by sale or otherwise except to another entity conceived
and established to own and maintain the common elements for the benefit
of such development.
(3)
As a condition of the approval of a proposed development, the Board
shall require the adoption of certain binding rules and regulations
or bylaws by the organization established to own and/or maintain common
areas, elements and/or structures located within the development.
Such rules, regulations or bylaws shall not be changed without prior
approval of the Borough Council, to ensure reasonable maintenance
and adherence to any conditions of site plan approval.
[Added 9-12-2017 by Ord.
No. 797]
A.
Purpose. The purpose of this zone is to allow a vacant site having
access from Kingwood Avenue and lying within the Borough's sewer service
area to be developed in a manner that will achieve the following objectives;
to promote development of the site for single-family attached (townhouse-type)
dwellings, using forms and densities that are compatible with and
complementary to the residential uses, forms and densities already
existing in Frenchtown, but at a higher density so as to enable a
developer to set aside and reserve a portion of the total number of
units constructed for occupancy by and affordability to qualified
very-low-, low- and moderate-income households. Should the developer
choose to market the affordable units as rental units, a set-aside
of at least 15% of the total number of units constructed is required.
Should the developer choose to market the affordable units as for-sale
units, a set-aside of at least 20% of the total number of units constructed
is required.
B.
Permitted principal and accessory uses.
(1)
Attached single-family dwellings in buildings containing two to eight
dwellings each.
(2)
Apartment (flats) units for low-, very-low- and moderate-income households created within the types of structures permitted in Subsection B(1) above such that, from the exterior of the building, such units will be indistinguishable from the market-priced units. The low- and moderate-income units may be in addition to the maximum of eight units otherwise permitted in the building.
C.
Tract development requirements.
(1)
Minimum tract area. The minimum tract area shall be two acres.
(2)
Density. The density of development for this zone shall not exceed
eight dwelling units per gross acre of land and a maximum of 18 units.
(3)
Utility services and stormwater management. All development shall
be connected to public water and sanitary sewerage systems. The design
of the stormwater management plan shall incorporate water quality
measures such as rain gardens and other nonstructural filtration systems.
All on-site utility lines, including electric, cable and telephone
service lines, shall be placed underground.
(4)
Access. All buildings shall front on an interior street system. Kingwood
Avenue shall be used to provide driveway or roadway access to the
development as a whole but shall not be used to provide direct access
to individual units within the development.
(5)
Perimeter buffer. A twenty-foot perimeter setback for landscaping
and buffering purposes shall be provided along all tract boundaries,
which may be pierced along Kingwood Avenue for purposes of creating
access. This perimeter setback shall be in addition to the required
setbacks from any individual lot lines created within the development.
(6)
Impervious coverage. The area devoted to all buildings, accessory
structures, parking areas, driveways, walkways and other compacted
surfaces, whether paved or unpaved, shall not exceed 55% of the tract
area.
(7)
Common open space. The minimum common open space within the development
shall be 30% of the tract area. The land in the perimeter buffer may
be counted toward meeting this requirement.
D.
Lot, yard, height and building and impervious coverage requirements.
(2)
Yards, setbacks and impervious coverage on individual lots (if applicable);
distances between buildings.
(a)
The minimum front yard setback shall be 15 feet from the house
edge of the sidewalk line in front of the building. The maximum front
yard setback shall be 20 feet from the house edge of the sidewalk
line in front of the building. Setbacks may be varied slightly within
these parameters. Porches shall be excluded from the measurement of
the front yard setback.
(b)
The minimum side to side distance between any two buildings
shall be 12 feet, except where there is an intervening street or driveway,
in which case, the minimum side-to-side distance shall be 25 feet.
(c)
The minimum rear yard setback for a principal building on its
own lot shall be 15 feet.
(d)
Eaves, fireplaces, cantilevered structures and similar features
shall be permitted to encroach a maximum of 18 inches into the front,
side and rear setbacks.
(e)
On individual lots, where provided, the area devoted to all
buildings, accessory structures, parking areas, driveways, walkways
and other compacted surfaces, whether paved or unpaved, shall not
exceed 65% of the lot area.
E.
Design standards.
(1)
Exterior design.
(a)
The exterior of each building shall be presented as a single
unified building with an articulated base and corners. Individual
units within the building shall be delineated with entrances, porches
and fenestration. Materials to be used on each building and throughout
the development shall be subject to approval by the Board. The relative
heights of various building elements compared to their widths shall,
to the extent, feasible, achieve a ratio of 1.618 vertical to 1.00
horizontal.
(b)
Yard spaces shall be clearly defined using hedges, walls or
fencing.
(c)
Each townhouse unit shall have a roofed front porch with painted
railings supported by painted turned wood or wood-like synthetic balusters.
The porch shall be at least five feet deep and shall occupy at least
75% of the front facade of the unit or building to which it is attached.
Porch floors shall be tongue and groove, may be made of wood or a
synthetic smooth material, and shall be painted or stained.
(d)
Each building shall be clad in traditional painted wood clapboard
or painted, smooth-surfaced wood-like synthetic material having the
appearance of traditional clapboard and shall have articulated corners
and base. All exposed foundations shall have a finished surface.
(e)
Flat, shed, gambrel and mansard roofs shall be prohibited. Roofs
shall be gabled or hip roofs. Roofs shall be constructed of materials
designed to resemble slate shingles (which could include dimensional
asphalt shingles) or wood shingles or may be of standing seam metal
construction in a slate grey color. If an alternative color is proposed,
it shall be subject to a favorable recommendation from the Board's
Historical Architect and approval by the Board.
(f)
If shutters are provided, they shall be of painted wood or painted,
smooth-surfaced wood-like synthetic material and shall be proportioned
and hung so that, if and when closed, they would completely cover
the window. Shutters are not required. If shutters are not provided,
windows shall be trimmed out in painted wood or painted smooth-surfaced
wood-like synthetic material consistent with the architectural style
of the building.
(g)
Windows shall be double hung (except where casement windows
are required for firesafety), and shall have simulated divided lights
on both the interior and exterior faces with spacers between the panes
of glass. The number of lights in each window shall be appropriate
to the architectural style of the building.
(h)
Windows on each floor shall all be of similar size and type,
unless an intervening smaller window serves an appropriate decorative
function, and shall all be similarly trimmed. Window placement shall
be such that there is balance and symmetry on all exterior facades.
Blank walls are prohibited. Windows, doors, porches, pilasters, cornices
and other horizontal and vertical building elements shall be used
to achieve a human scale and avoid monotony. Side and rear walls of
buildings shall have a composed pattern of windows appropriate to
the architectural style of the front facade of the building.
(i)
Exterior utility boxes, mechanical and electrical equipment,
and HVAC equipment shall be screened from view by architectural elements
and/or landscape plantings.
(j)
Each building shall be provided with a master cable or satellite
dish receiver system to avoid the necessity of individual receivers
being erected on the exterior of the building.
(k)
No structure or equipment of any kind shall be attached to the
finished exterior surface of the roof, walls or other portions of
any building unless specifically approved by the Board, except for
approved residential-style lighting fixtures; gutters and downspouts;
approved architectural features such as shutters and trim; structures,
fixtures or equipment required for compliance with the Uniform Construction
Code; and/or a maximum of one satellite dish antenna per dwelling
unit, not exceeding one meter in diameter, located wholly within the
perimeter of an upper balcony or deck attached to and intended for
the exclusive use of the unit served by the dish antenna, and meeting
the following additional requirements:
[1]
No portion of the dish antenna may extend above the top of the
surrounding railing, unless the unit owner can demonstrate that in
the particular case of the unit in question, this requirement will
unduly impair reception; and
[2]
The satellite dish and all of its appurtenances must be painted
to blend with the background color of the area against which it is
mounted.
(l)
The architectural design and materials used in the construction
of garages and other accessory buildings and structures shall conform
to the design and materials used in the construction of the principal
building(s) to which such buildings and structures relate.
(2)
Interior design.
(a)
Each dwelling unit shall contain complete kitchen facilities,
toilets, bathing and washing facilities for exclusive use by the occupants
as well as private living space. No portion of one dwelling unit shall
be shared with another.
(b)
Where practicable, and to maximize privacy within each unit,
bedrooms and living spaces in individual dwellings within the same
building shall be separated by such spaces as bathrooms, kitchens,
stairs or mechanical areas, and appropriate soundproofing shall also
be provided between units.
(c)
Space to accommodate a clothes washer and dryer and the hookups
for such facilities shall be provided within each dwelling unit.
(d)
Garages, where provided, shall include sufficient room for the
parking of at least one vehicle as well as bicycles, strollers, grills,
sporting equipment and the like. Where a garage is not provided for
a unit, that unit shall include an area for such storage that is accessible
to the ground level and that is separate and apart from any clothing,
linen, coat and cleaning closets provided.
(3)
Energy efficiency. Developments are encouraged to incorporate energy
efficient "green building" design to the extent practicable to reduce
long-term maintenance and utility costs. Suggestions for energy efficient
design may be found in the NJ Green Building Manual (greenmanual.rutgers.edu).
F.
Parking standards.
(1)
The parking requirements set forth in the Residential Site Improvement
Standards shall be applicable to all dwelling units.
(2)
Garages may either be provided as a separate structure or within
or attached to the principal structure, but in any case shall be stepped
back behind the front plane of the principal building.
(3)
Parking may be provided in residential driveways not exceeding 12
feet in width and having a length of at least 18 feet clear of any
alley, roadway, interior common driveway or sidewalk area.
(4)
The parking of recreational vehicles and boats in driveways and common
parking lots shall be prohibited.
G.
Garbage disposal and recycling. Garbage and recycling containers
shall be able to be stored and shall be stored within garages or within
enclosed storage closets and shall be put out at the curb on collection
days.
H.
Supervision and management of rental units. Developments that include
rental dwelling units shall have a designated management agent, which
agency may be located off-premises, provided that the name, address
and twenty-four-hour telephone contact numbers of said agent are posted
in several prominent locations within each building and registered
with the Borough Clerk and Borough Police Department.
I.
Signage.
(1)
Permitted signs shall be the same as for the R-1 and R-2 Zones.
(2)
All directional and nameplate signs shall be of wood or painted, smooth-surfaced wood-like synthetic material and shall be sized and placed in accordance with § 50-302 of the Land Use Ordinance.
(3)
No permanent development identification sign shall be permitted.
During construction only, a temporary sign announcing the development
and the names of the architect, builder, bank or other entity involved
in the development shall be permitted, provided such sign does not
exceed 32 square feet in area nor six feet in height and is placed
outside of any right-of-way line.
J.
Street furniture and lighting.
(1)
Appropriate site furnishings shall be incorporated into the site
plan for the development, which shall include bicycle racks and may
include flower boxes, arbors, planters, benches, fountains and decorative
pavement materials, as approved by the Board.
(2)
Site furnishings as listed above and lighting fixtures shall be consistent
in scale and architectural design with the buildings in the development
and constructed of materials reflecting the style of the buildings
on and adjacent to the property. Selection of site furnishings shall
consider durability, aesthetics, and long-term maintenance costs.
(3)
Lighting shall be residential in character, subdued and shielded
so as to prevent spillage into buildings and onto adjoining properties
and shall otherwise comply with the lighting requirements of the Land
Use Ordinance.
(4)
Lighting fixtures shall be mounted at the lowest appropriate height.
Freestanding lighting fixtures shall not exceed an overall height
of 12 feet.
K.
Fences, walls and hedges.
(1)
Fences or walls shall be used to delineate private front, side and
rear yard areas. Fences and walls adjacent to a street or interior
common driveway or public sidewalk shall not exceed 2.5 feet in height.
No interior fence or wall shall be higher than 4.5 feet in height.
(2)
Fences shall be of a decorative metal in a traditional cast-iron
pattern or of decorative traditional wooden or simulated wood pickets.
The type of fence shall be selected to complement the architectural
style of the building(s). Fences shall be reinforced with larger posts
at corners, entrances and gates and at forty-foot intervals. No chain-link
fences shall be allowed.
(3)
Walls, if provided, shall be of brick or stucco or local fieldstone
or faced with local fieldstone or a similar material as approved by
the Planning Board. If an alternative material is proposed, it shall
be reviewed and favorably recommended by the Planning Board's Historical
Architect and approved by the Planning Board.
L.
Affordable housing.
(1)
All new residential developments shall provide affordable housing
on-site at the rate of 20% of the total proposed dwelling units, if
the affordable units will be for sale, and at the rate of 15% of the
total proposed dwelling units, if the affordable units will be for
rent.
(2)
All affordable housing units shall be in full conformance with the
Uniform Housing Affordability Controls (UHAC), except as to the percentage
of very-low-income housing units required, and with all regulations
contained in the Borough's adopted Affordable Housing Ordinance.[1]
[1]
Editor's Note: See Art. XVI, Affordable Housing.
(3)
In the event that the applicable set-aside ratio results in a fraction
of an affordable unit being required, the developer shall round up
to the next whole number.
(4)
Where one affordable unit is provided, that unit shall be a low-income
unit. Where two affordable units are provided, one unit shall be a
very-low-income unit and one unit may be a moderate-income unit. Where
three affordable units are provided, one unit shall be a very-low-income
unit, one unit shall be a low-income unit, and one unit may be a moderate-income
unit.
M.
Landscaping.
(1)
Landscaping, including the provision of street trees, shall be in conformance with § 50-707 of the Land Use Ordinance.
(2)
Landscaping shall be used to soften the corners and edges of buildings.
(3)
Street frontages shall be planted with shade trees as recommended
on the Tree-Species-Planting-List.pdf and as approved by the Borough's
Shade Tree Commission.
(4)
The landscaping plan shall be reviewed and shall receive a favorable
recommendation from the Planning Board's Landscape Architect and shall
be approved by the Planning Board. The landscaping plan shall consist
of native plants, trees and shrubs. Invasive species as defined by
the New Jersey Invasive Species Strike Team Do Not Plant List (https://www.fohvos.info/wp-content/uploads/2020/06/Strike_Team_Do_Not_Plant_List_2020_04_24-1.pdf)
shall be prohibited.
N.
Pedestrian circulation, bicycle racks.
(1)
All buildings shall have entrances accessed by means of a walkway
leading directly to the building from a common pedestrian walkway.
Walkways shall be provided along all streets and/or all interior driveways
and as needed to connect the buildings on the site to each other and
to any common parking areas and amenities provided. Sidewalks shall
also be provided as necessary to facilitate pedestrian movement and
create opportunities for outdoor seating and gathering, placement
of street furniture, etc.
(2)
Parking areas and pedestrian walkways shall be designed as attractive
elements of the site in their own right with the use of trees, landscaping,
and various building materials and textures. The use of pervious or
partially pervious surfaces for walkways and parking areas is encouraged.
(3)
A sidewalk connection shall be provided from the development to Kingwood
Avenue and thence west to the intersection of Kingwood Avenue and
Ridge Road.
(4)
Bike racks shall be provided on the site to facilitate bicycle use.
O.
Ownership and management of common areas, common elements and open
space.
(1)
The areas, elements and/or open space in the development to be owned
and used in common by the individual owners in the development or
to be used in common by the occupants of the development but owned
by an independent corporate property owner or management agent, shall
have such common areas, common elements and/or common open space shown
on the site plan, fully dimensioned, and designated as to the area
of responsibility and the extent and type of ownership and such other
conditions of usage or occupancy which shall be legally established
and recorded therefor, and a description or plan of each such area
shall be filed separately or as part of the descriptive maps of the
development with the Tax Assessor. This requirement may be satisfied
by the filing of a master deed in connection with a condominium form
of ownership or by the filing of a declaration of covenants, conditions
and restrictions in connection with a homeowners' association, if
applicable.
(2)
The landowner shall provide for and establish an entity for the ownership
and maintenance or, if held under a condominium form of ownership,
for the maintenance alone, of all common areas, common elements and
open space for the benefit of residents of the development. Such entity
shall not be dissolved and shall not dispose of any open space, by
sale or otherwise (except to another entity conceived and established
to own and maintain the open space for the benefit of such development),
without first offering to dedicate same to the Borough of Frenchtown
or other government agency.
(3)
The regulations of N.J.S.A. 40:55D-43b and c shall be applicable
to the maintenance of any common open space.
(4)
As a condition of the approval of a proposed development, the Board
shall require the adoption of certain binding rules and regulations
or bylaws by the organization established to own and/or maintain common
open space and other common areas, elements and/or structures located
within the development. Such rules, regulations or bylaws shall not
be changed without prior approval of the Borough Council, to ensure
reasonable maintenance and adherence to any conditions of site plan
approval.
[Adopted by the Frenchtown Borough Council: December 29,
2004; Amendment #1: June 15, 2006; Amendment #2: June 28, 2006; Amendment
#3: July 1, 2009; Amendment #4: September 5, 2018; Amendment #5: November
7, 2018; Amendment #6: June 5, 2019 by Ord. No. 835. Amended 8-4-2021 by Ord. No. 867. Additional
amendments noted where applicable.]
This Rehabilitation Plan is based on the designation of Frenchtown
Borough's historic Central Business District and a portion of its
Transitional Business District as an "Area in need of Rehabilitation"
pursuant to the Local Housing and Redevelopment Law (LRHL). The purpose
of the Frenchtown Village Center Plan is to set forth design standards
that will support and maintain the historic nature of the Borough's
Central Business District and serve as the basis for new zoning in
the Borough. This plan will also provide the foundation for the Borough
to enter into Redeveloper Agreements for the redevelopment and/or
rehabilitation of certain parcels without needing to designate officially
the targeted parcels as "Areas in Need of Redevelopment".
A.
The Borough Council adopted a Resolution on November 10, 2004 declaring
Census Tract 115, Block Group 1 an "Area in need of Rehabilitation".
This Census Block Group includes the core Central Business District
of the Borough and a portion of the Borough's Transitional Business
District. Within this "Area in Need of Rehabilitation" are several
properties that require a substantially greater level of improvement
than rehabilitation can provide and may be prime targets for actual
redevelopment.
B.
The Frenchtown Borough Village Center Plan has been prepared to guide
the revitalization of properties described below, as designated by
resolution of the Frenchtown Borough Council. This plan has been developed
to meet the requirements of Section 7 and Section 14 of the Local
Redevelopment and Housing Law.
A.
Frenchtown Borough is located in Hunterdon County along the Delaware
River. The Borough is 1.2 square miles in size with a population of
approximately 1,500 people. This small town was founded in the late
1700's, and obtained its status as a Borough in 1867. Originally an
isolated ferry landing, Frenchtown began its transformation into a
village when Thomas Lowrey built a gristmill and sawmill in 1785.
Over time, the ferries were replaced with bridges which made crossing
between New Jersey and Pennsylvania much easier. Following the opening
of a wooden covered bridge in 1844, Frenchtown's growth was boosted
and continued to expand rapidly in the 1840's and 1850's. Another
factor that impacted the Borough's growth significantly was the expansion
of the Belvidere and Delaware Railroad through Frenchtown. Over time,
the mills ceased to exist, and the town is now known as a specialized
shopping town. Visitors from New York, New Jersey, and Pennsylvania
travel to Frenchtown to shop at its antique stores, art galleries,
and craft shops, to dine at its restaurants and cafes, and to walk
along the towpath to enjoy the beauty of the Delaware River.
B.
Although quite a picturesque town, the Borough's transformation has
left some unexplored opportunities for fully productive economic use
of its land. The purpose of this plan is to identify the areas of
the Borough that will benefit from rehabilitation and redevelopment
and return unproductive sites to productive use.
C.
The borders of the Rehabilitation Area encompass the Borough's Central
Business District and a portion of the Borough's Transitional Business
District. These boundaries are generally Third and Second Streets
to the north, the Delaware River and the towpath to the west, the
southern boundary of the R-4A Zone to the south, and Trenton Avenue/Race
Street and the eastern boundary of the R-4B zone to the east.
D.
This Village Center Plan applies potentially to all sits within the
designated Rehabilitation Area. Within the Rehabilitation Area, there
are certain sites that are particularly ripe for rehabilitation or
redevelopment and that have been so identified on the Zoning Map.
There are 13 sites within the Rehabilitation Area, each a separate
tax lot. (See Table 1). Although each of these 13 lots is separately
identified in this document, the plan applies equally to all lots
in the Rehabilitation Area. Some of the 13 identified redevelopment
lots are contiguous to one another, while others are scattered about
within the Rehabilitation Area. The lots that are contiguous to one
another will facilitate assemblages of land into larger parcels, making
their rehabilitation/redevelopment easier.
E.
Five of the lots are currently vacant, seven contain commercial uses,
and one contains an apartment building. Review of historic data, including
Sanborn maps and aerial photos as well as local resources, indicate
that until the mid-1900's there had been commercial uses on the lots
that are currently vacant. However, by 1970, the businesses that had
once occupied those lots were no longer there and have remained vacant
since then. These conditions suggest that these areas could qualify
as Redevelopment Areas, subject to further studies in the future.
Photographs of these vacant lots can be found in Appendix C.
Editor's Note: Appendix C, Vacant Lots, may be found as Attachment
8 to this chapter.
F.
Table 1, Redevelopment Properties.
|
Table 1
Redevelopment Properties
| |||
|---|---|---|---|
|
Redevelopment Properties
|
Block
|
Lot
|
Address
|
|
1
|
34
|
1
|
53rd Street
|
|
2
|
35
|
1
|
73rd Street
|
|
3
|
36
|
1
|
72nd Street
|
|
4
|
38
|
1
|
5 Bridge Street
|
|
5
|
38
|
2
|
11 Bridge Street
|
|
6
|
52
|
1
|
26 Race Street
|
|
7
|
52
|
2
|
22-24 Race Street
|
|
8
|
55
|
14
|
7 Lott Street
|
|
9
|
55
|
15
|
7 Front Street
|
|
10
|
55
|
16
|
12 Front Street
|
|
11
|
57
|
1
|
13 Front Street
|
|
12
|
52
|
9
|
Kingwood Avenue
|
|
13
|
17
|
5
|
Kingwood Avenue
|
The general location of the parcels is illustrated in
the Frenchtown Rehabilitation Area Map.
Editor's Note: The Frenchtown Rehabilitation Area Map may be
found as Attachment 5 to this chapter.
G.
Table 2, Land Use. Table 2 below provides a description of the current
use of each parcel and adjoining land uses, which is also shown on
the Frenchtown Rehabilitation Area Map.
|
Table 2
Land Use
| ||
|---|---|---|
|
Parcel
|
Existing Use
|
Adjoining Uses
|
|
1*
|
Vacant lot
|
Towpath and Vacant lot
|
|
2*
|
Vacant lot
|
Vacant lot and Residential
|
|
3*
|
Vacant lot
|
Vacant lot and Residential
|
|
4
|
Commercial
|
Towpath and Vacant lot
|
|
5
|
Vacant lot
|
Commercial (on both sides)
|
|
6**
|
Commercial
|
Commercial
|
|
7**
|
Commercial
|
Commercial
|
|
8***
|
Commercial
|
Commercial and Vacant lot
|
|
9***
|
Vacant
|
Commercial and Apartment
|
|
10***
|
Apartment
|
Vacant lot and Commercial
|
|
11***
|
Commercial
|
Residential and Commercial
|
|
12
|
Commercial
|
Residential and Commercial
|
|
13
|
Commercial
|
Residential and Public
|
|
*
|
=
|
Adjoining lots on 3rd and 2nd Streets
|
|
**
|
=
|
Adjoining lots on Race Street
|
|
***
|
=
|
Adjoining lots on Lott and Front Streets
|
A.
It is important to understand that although this is a Rehabilitation Area, this plan is referred to as a Redevelopment Plan, according to the Local Redevelopment and Housing Law (LRHL). The limits of a municipality's powers within a designated Rehabilitation Area are explained in further detail in § 50-416.5 of this report. However, the types of activities that are allowed by the LRHL and often occur within Rehabilitation Areas are often the same as those in Redevelopment Areas. The activities envisioned for the Frenchtown Rehabilitation Area are described below.
A.
The redevelopment plan is based on the following smart growth planning
principles:
(1)
Revitalizing the commercial district;
(2)
Preservation of existing historic buildings and historic character
of the downtown district;
(3)
Strengthening neighborhoods;
(4)
Providing economic development opportunities;
(5)
Providing a broader range of housing and business opportunities;
(6)
Providing a mixture of land uses;
(7)
Providing a pedestrian oriented environment; and
(8)
Utilizing high quality design standards.
B.
The goal of the redevelopment plan is to return vacant, non-productive
properties to full productivity by creating new development opportunities
for private and public-private investment. The plan will provide a
range of quality commercial and residential uses that will capitalize
on each property's strategic location.
C.
The objectives of the redevelopment plan are to:
(1)
Assemble parcels of land of sufficient size and dimension to
enable an orderly arrangement of new land uses.
(2)
Ensure appropriate rehabilitation of existing historic buildings
as well as new infill development through design standards.
(3)
Provide opportunities for new neighborhood retail services.
(4)
Provide new housing opportunities, including affordable housing.
(5)
Develop land use and building requirements specific to the redevelopment
parcels that are sensitive to the adjoining neighborhoods.
(6)
Undertake infrastructure improvements involving streets, curbs,
sidewalks, and parking.
(7)
Ensure a long-term productive reuse of each of the redevelopment
parcels.
A.
Frenchtown Master Plan. The Frenchtown Master Plan Land Use Element
was reexamined most recently in July, 2000, with several subsequent
amendments to the 2000 Reexamination Report. The redevelopment plan
supports at least the following goals and objectives in the Master
Plan Reexamination Report:
(1)
Promote an expanded retail economy by creating locations for
new or improved commercial opportunities.
(2)
Create opportunities for new residential and commercial space,
and additional public and private parking areas.
(3)
Replace or reuse obsolete industrial buildings with other uses.
(4)
Identify ownership of the vacant parcels and the most appropriate
uses for these sites.
Based on the above, the goals and objectives of the Frenchtown
Village Center Plan are substantially consistent with the Frenchtown
Master Plan.
B.
Frenchtown Land Use Ordinance.
(1)
The "R-4A Central Commercial District" covers all but two of
the 13 targeted parcels (See Table 3). The R-4A District permits a
variety of retail, service, residential, food, and professional establishments
with residences above the first floor. The R-4B Transitional Commercial
District is similar to the R-4A District, but permits retail uses
having a larger floor area.
(2)
The Village Center Plan envisions similar uses on the redevelopment
parcels and its parameters are, therefore substantially consistent
with the Frenchtown Land Use Ordinance.
|
Table 3
Existing Zone Districts
| ||
|---|---|---|
|
Parcel
|
Address
|
Zone District
|
|
1
|
53rd Street
|
R-4A
|
|
2
|
73rd Street
|
R-4A
|
|
3
|
72nd Street
|
R-4A
|
|
4
|
5 Bridge Street
|
R-4A
|
|
5
|
11 Bridge Street
|
R-4A
|
|
6
|
26 Race Street
|
R-4A
|
|
7
|
22-24 Race Street
|
R-4A
|
|
8
|
7 Lott Street
|
R-4A
|
|
9
|
7 Front Street
|
R-4A
|
|
10
|
12 Front Street
|
R-4A
|
|
11
|
13 Front Street
|
R-4A
|
|
12
|
Kingwood Avenue
|
R-4B
|
|
13
|
Kingwood Avenue
|
R-4B
|
Each parcel is to be redeveloped in a manner that is complementary
to the surrounding environment. To that end, the proposed land uses
will contain an appropriate mixture of commercial and residential
uses designed in accordance with the standards contained in this redevelopment
plan.
A.
General. The Frenchtown Village Center Plan is intended to be construed
as an overlay zone to sites in the existing R-4A and the R-4B Districts.
This means that existing uses in existing buildings in these districts
may be continued, and if they are already conforming to the zoning
requirements for the R-4A or R-4B Zones, as applicable, they will
continue to be so even if they do not conform to the overlay requirements
of the Village Center Plan. Any alteration, repair, or change of use
that does not require site plan approval may proceed in conformance
with the existing R-4A and R-4B requirements. Where site plan approval
is required, however, for any exterior change to an existing building
or for any new construction, conformance with the standards in the
Frenchtown Village Center Plan will be mandatory and will supersede
the requirements for the R-4A and R-4B Districts (unless specified
to the contrary within the Village Center Plan itself). Any developer
in the Rehabilitation Area, whether or not he/she has a Redeveloper
Agreement with the Borough, may submit an application for development
to the Frenchtown Borough Planning Board, Construction Official or
other approval entity under this Village Center Plan.
B.
Definitions. All terms used herein shall have the same meaning as
defined in the Frenchtown Zoning Ordinance, the Municipal Land Use
Law and the Local Redevelopment and Housing Law (NJSA 40A:12A-3) unless
otherwise specified in this redevelopment plan (see also Appendix
B).
Editor's Note: Appendix B, Architectural Definitions, may be
found as Attachment 7 to this chapter.
C.
Waivers.
(1)
Variation from the requirements set forth in this redevelopment
plan may be necessary in certain unusual circumstances or to meet
state or federal permit requirements.
(2)
A designated redeveloper may seek a waiver from the design standards,
and the Planning Board may waive compliance with certain bulk, parking
and/or design requirements if the designated redeveloper demonstrates
that such waiver will not substantially impair the intent of the redevelopment
plan, and will not present a substantial detriment to the public health,
safety and welfare.
D.
Use Requirements Applicable in the Village Center Plan.
(1)
Permitted Uses in the Village Center Rehabilitation Area:
(a)
The following retail uses, provided no single establishment
shall have a gross floor area exceeding 2,500 square feet or the area
of the first floor of any building existing as of January 1, 2000,
whichever is less:
[1]
Antique shops.
[2]
Art/craft galleries and stores.
[3]
Artisan food and beverage production.
[4]
Bakery.
[5]
Bicycle/sporting goods shop.
[6]
Bookstore.
[7]
Camera shop.
[8]
Clothing store.
[9]
Coffee shop.
[10]
Computer supplies.
[11]
Cooking school.
[12]
Delicatessen/coffee shop.
[13]
Electronics store.
[14]
Fabric shop.
[15]
Florist.
[16]
Framing gallery.
[17]
Garden supply shop.
[18]
Gift shop/novelty store.
[19]
Gourmet food shop.
[20]
Grocery.
[21]
Health foods.
[22]
Hobby/craft supply shop.
[23]
Home furnishings/linens/tableware store.
[24]
Jewelry shop.
[25]
Lighting shop.
[26]
Liquor store.
[27]
Luggage/leather goods shop.
[28]
Music store.
[29]
Pet Store.
[30]
Pharmacy.
[31]
Restaurant.
[32]
Second-hand store/consignment shop.
[33]
Shoe store.
[34]
Stationery store/office supply shop.
[35]
Tasting room.
[36]
Toy store.
[37]
Video rental.
(b)
The following services uses, provided no single establishment
shall have a gross floor area exceeding 2,500 square feet or the area
of the first floor of any building existing as of January 1, 2000,
whichever is less:
[1]
Appliance repair.
[2]
Bank, savings and loan.
[3]
Barber/beautician.
[4]
Caterer.
[5]
Child care center.
[6]
Dance school or studio.
[7]
Decorator.
[8]
Exercise studio.
[9]
Gymnastics school or studio.
[10]
Indoor entertainment.
[11]
Instructional use.
[12]
Laundromat.
[13]
Pet washing, self-service and full service, and
pet grooming shall be permitted along with the associated retail sales
in the Frenchtown Village Center Plan.
[14]
Photographer.
[15]
Printing/copy center.
[16]
Real estate brokers.
[17]
Shoe repair.
[18]
Travel agency.
[19]
Tattoo shops.
(c)
The following additional uses, provided such uses occupy only
buildings constructed prior to January 1, 2000, or are part of a mixed
use redevelopment of a Potential Redevelopment Parcel identified in
this Village Center Plan and on the Borough's Zoning Map:
[1]
Inn/hotel.
(d)
The following additional uses, provided such uses are located
only above the ground level (unless expressly listed in paragraphs
D(1)(a) or D(1)(b) above), except that newly constructed or substantially
rehabilitated buildings not directly fronting on Bridge Street, Race
Street, Lott Street, Trenton Avenue, or Kingwood Avenue may contain
residential uses on the ground floor level if developed as part of
a larger project that includes other buildings with ground floor level
retail space on such streets, subject to the Planning Board's approval
of the orientation of the building(s) containing ground floor residential
uses:
[1]
Artisan food and beverage production.
[2]
Child care center.
[3]
Coffee shop.
[4]
Digital makerspace.
[5]
Dwellings, consisting of apartments, townhouses
or rowhouses containing up to three bedrooms each; and detached dwellings
containing up to four bedrooms each. At least 20% of all affordable
housing units provided, regardless of housing type, shall have three
bedrooms.
[6]
Incubator space.
[7]
Instructional use.
[8]
Insurance agency.
[9]
Maker studio.
[10]
Medical office.
[11]
Office.
[12]
Real estate broker.
[13]
Restaurant.
(e)
The following uses are permitted to be continued only if such
uses existed on the premises as of January 1, 2000:
[1]
Dwellings (located wholly or partly on the ground
level in locations other than set forth in paragraph (d) above).
(f)
Permitted accessory uses.
[1]
One-story accessory buildings customarily incidental
to the business uses, including parking lots, parking garages for
up to four vehicles and child care centers.
[2]
A cooking school may be an accessory use to an
artisan food or beverage production facility or a gourmet food shop.
[3]
Accessory uses permitted in the R-1 and R-2 zones
in conjunction with any dwelling.
(g)
Municipal building, firehouse and other municipal public purpose
uses.
(h)
Municipal parks and playgrounds.
(i)
Groundwater remediation structures and equipment.
(j)
In the R-4B zone only, the additional retail and services business uses permitted under § 50-405B are also permitted in addition to the uses set forth in paragraphs (a) - (i) above.
(k)
Exercise studio/gymnasium occupying more than 2,500 square feet,
but not exceeding 3,500 square feet, in the R-4B zone only.
(3)
Uses prohibited in the R-4A zone. Any use not specifically permitted
including drive-through and drive-up windows.
(4)
Area, Yard and Bulk Requirements.
(a)
Yards for existing buildings:
[1]
Front - existing setbacks shall be maintained provided
that no existing porch located along the front facade of a building
shall be enclosed or removed. Accessory buildings shall be set back
at least 20 feet from the front building line.
[2]
Side - zero or, where a side yard is provided,
a minimum of 12 feet for principal buildings; a minimum of three feet
for accessory buildings.
[3]
Rear - a minimum of 20 feet for principal buildings;
a minimum of three feet for accessory buildings.
(b)
Yards for new buildings: See Table 6.
E.
Uses Prohibited in the Village Center Plan:
[Added 8-4-2021 by Ord.
No. 867]
(1)
All classes of cannabis businesses as said terms are defined
in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis
items and related supplies by a delivery service.
F.
Design Standards. The following design standards shall govern appropriate
infill development of vacant land and the innovative adaptive reuse
of the vacant buildings in the Rehabilitation Area. Rehabilitation
and redevelopment activities should mirror the style and building
context of the neighboring buildings and those on the site in the
past, to the greatest extent possible. Any activities or elements
not covered by these standards shall be subject to other appropriate
provisions of this Plan and/or the Frenchtown Land Use Ordinance.
All redevelopment activities are also subject to applicable state
and federal requirements.
G.
General.
(1)
There are many buildings in Frenchtown's Central Business District
that date back to the 19th and early 20th century. The standards presented
herein recognize the unique heritage and historic character of development
that has evolved in Frenchtown and seek to preserve the Borough's
character and charm.
(2)
Notwithstanding the height and floor area ratio standards set
forth in this Village Center Plan, no building found by the Planning
Board to be a contributing or eligible structure in the Frenchtown
National Historic District shall be demolished nor shall any such
building be expanded or modified in a manner that is inappropriate
to the building's architectural style and historic context. The objective
of this Village Center Plan is to enhance the existing historic character
of the Borough, and any development or redevelopment permitted under
its terms shall be conditioned on the satisfaction of this objective.
(3)
All new buildings shall conform to the scale and architectural
character of the surrounding neighborhood. Any portion of a parcel
that is not necessary for building or parking purposes shall be appropriately
landscaped. The existing views of neighboring properties should be
considered in the planning and design of new infill development sites.
(4)
Any change of use or interior modifications of buildings within the Village Center Rehabilitation Area shall conform with the applicable requirements of the underlying zoning district (R-4A or R-4B), provided that no exterior changes requiring site plan review are proposed. Rehabilitation of existing buildings and new in-fill construction requiring site plan review within the Rehabilitation Area shall be subject to the area, yard and bulk requirements specified by the Borough Zoning Ordinance which are applicable to buildings situated in the R-4A Central Commercial Zone and R-4B Transitional Commercial Zone as set forth in Article IV of the Frenchtown Borough Land Use Ordinance, except as modified by Table 6.
|
Table 6
Schedule of Supplementary Bulk Regulations
| |
|---|---|
|
Requirement
|
Required
|
|
Min. lot size*
|
15,000 square feet
|
|
Min. lot width*
|
80 feet
|
|
Min. lot depth*
|
150 feet
|
|
Min front yard*
|
1 foot from the street line. 20 feet for accessory buildings
|
|
Min. side yard*
|
0 or 3 feet where a side yard is provided for principal buildings;
3 feet for accessory buildings
|
|
Min. rear yard*
|
20 feet for principal buildings; 3 feet for accessory buildings
|
|
Max. building height (measured from the average grade of the
abutting walkway or street used for the main pedestrian entrance to
the building to the highest point of the roof, excluding cornices
an parapets.)
|
35 feet and 3 stories, except that where the first habitable
floor is elevated above the regulatory base flood elevation, the permitted
building height may be increased to 38 feet and 3 stories, and 1 or
more buildings that exceed this limit may be permitted at the discretion
of the Frenchtown Planning Board to promote the historic character
of the Village Center by encouraging the heights of newly constructed
buildings to be varied within the Village Center Rehabilitation Area
|
|
Max. FAR**/***/****
|
For lots of 5,000 square feet or less in area - 1.0;
|
|
For lots of 5,0001-10,000 square feet - 1.0 for first 5,000
square feet and 0.70 for the second 5,000 square feet. For lots of
10,000+ square feet - 1.0 for first 5,000 square feet, 0.70 for the
second 5,000 square feet, and 0.50 for the balance of the lot area.
| |
|
*
|
The minimum lot area, dimensional, and setback requirements
for single-family detached dwellings proposed as part of a redevelopment
project may be modified at the discretion of the Frenchtown Planning
Board if the Board determines that such modification will promote
the historic character of the Village Center.
|
|
**
|
On all lots or tracts, the maximum FAR shall be permitted
to be increased by an additional 10% of the base allowable FAR in
recognition of the requirement to provide affordable housing within
the development at the rate of 20% of the total proposed dwelling
units, if any of the affordable units are for sale, or at a rate of
15% of the total proposed dwelling units, if all the affordable units
are for rent.
|
|
On lots or tracts of 35,000 square feet or more, the
Planning Board, at its discretion, may approve additional increases
in the base allowable FAR based on a finding that the additional FAR
will promote a better design, affordable housing in excess of 20%
of the total proposed dwelling units, if any the affordable units
are for sale, or affordable housing in excess of 15% of the total
proposed dwelling units, if all of the affordable units are for rent,
creation of public parking opportunities (whether on tract or off
tract), other public amenities or public open space, but the FAR shall
not, in such cases, exceed 0.80, calculated as provided herein.
| |
|
***
|
Areas of garages and structured parking and of garage
level storage areas, if such storage areas are below the design flood
elevation, shall be excluded in the calculation of the FAR. In any
development receiving preliminary approval after January 1, 2009,
where the developer will be providing more than 15% of the total proposed
dwelling units as rental affordable units, or more than 20% of the
total proposed dwelling units as affordable units for sale, the Planning
Board may permit attics (see definition in Appendix B) to be excluded
in the calculation of the FAR. The FAR calculation shall be based
on the entire area of the tract being redeveloped within the R-4A
or R-4B zone, as applicable. If lots are to be subdivided from the
tract, the deed to each lot shall state the calculated share of the
permitted FAR allowed on that lot.
|
|
****
|
By way of explanation, assuming a 35,000 square foot
lot, the base allowable FAR is 0.60. Each additional permitted 10%
increase over the base allowable FAR would bring the total FAR up
another 0.06, to a total of 0.72.
|
H.
Parking Standards.
(1)
All uses shall provide required off-street parking in accordance with all of the provisions set forth in § 50-306 of the Borough Zoning Ordinance. No parking shall be permitted in the front yard area (between the principal building and the street line).
(2)
In all cases, redevelopers are required to submit a parking
plan for approval by the Frenchtown Planning Board during the course
of the site plan review process. The parking plan shall address the
required number of parking spaces and how the proposed parking plan
will accommodate the required parking.
(3)
Redevelopment of lots of 35,000 square feet or more in area
shall require that at least 80% of the required parking be provided
in enclosed structures and in a form that blends with the character
of the historic district and with the architecture of the principal
buildings and is hidden from view from public ways and adjacent properties.
I.
Facades.
(1)
The rhythm of entrances, store fronts, windows, canopies, and
awnings of new or renovated facades shall be consistent with the prevailing
rhythm of such elements along the block. Building materials shall
be compatible with the predominant materials already used on structures
on and adjacent to the site. In the absence of such precedent, the
exterior walls of buildings shall be made of traditional building
materials such as stone, brick, wood, or stucco. Aluminum siding,
vinyl, or vinyl coated siding, metal panels, and mirrored glass exterior
surfaces are prohibited. Pole barns or prefabricated metal buildings
are prohibited.
(2)
All exterior walls of buildings shall be designed to provide
a visual diversity that is consistent with the architecture found
throughout the Borough. Exterior walls shall include windows, doors,
porches, pilasters, horizontal/vertical building elements and/or other
similar architectural features to relieve the monotony of a blank
wall and to achieve a human scale. Side and rear elevations of buildings
shall be given appropriate architectural treatment which shall be
comparable to that of the front facade, if visible to the public,
and shall be otherwise compatible with the front facade, if not visible
to the public.
(3)
Awnings/canopies should be made of canvas or modern materials
that mimic canvas with traditionally dyed colors in solids or stripes.
Metal and vinyl awnings are prohibited. For new buildings, the ratio
of the height of various building elements to their widths shall be
1.618.
(4)
First floor facades intended for retail use must have large,
clear storefront glass areas (50% to 70% of the area) to display the
nature of the business and produce an interesting streetscape. Large
blank walls are prohibited along any street. Storefront windows may
be either typical large, single pane or multiple smaller panes separated
by mullions. All multiple paned windows shall have true divided lights.
(5)
Each street-level shop shall have its own shop front. If several
shop fronts are located in one building, they shall be unified in
design treatment (e.g. the design of windows and door openings, the
use of materials and colors). A shop front should be separated from
the roofline or a second floor by a horizontal architectural element
such as a cornice, frieze, molding, etc.
(6)
Upper floor uses are to be provided with separate exterior entrances
unless a large common lobby or atrium is provided.
(7)
Flat, shed, gambrel, and mansard roofs are prohibited unless
preexisting or demonstrated to be consistent with the traditional
architectural style of buildings on and adjacent to the property.
Otherwise, new roofs shall be gabled or hip roofs.
J.
Street Furniture and Lighting.
(1)
All street furniture (benches, newspaper boxes, phone booths,
trash receptacles, etc.) shall be consistent in scale and architectural
design and constructed of or enclosed with materials reflecting the
style of the buildings on and adjacent to the property. Lighting shall
be subdued and shielded so as to prevent spillage onto adjoining properties
unless specifically approved for that purpose by the Board. Lighting
fixtures shall be mounted at the lowest appropriate height.
(2)
Street and site furnishings shall be incorporated into the development
including flower boxes, arbors, planters, benches, and waste receptacles.
All utility boxes and HVAC exterior equipment shall be screened by
architectural elements or landscape plantings.
K.
Signage. Signs shall be of wood or wood-like materials and shall be sized and placed in accordance with § 50-302 of the Frenchtown Ordinance. Where a building requires several different signs, they shall be thematically linked and shall be similar in materials, color, and method of lighting. The area surrounding ground signs shall be landscaped and shall be kept clean and neat.
L.
Landscaping and Street Trees.
(1)
Landscaped buffers between non-residential and residential uses
shall be provided. Landscaping shall be used to soften the corners
and edge of the buildings.
(2)
All street frontages should be planted with street trees of
medium height such as Amur Maple (Acer ginala), Japanese Scholar Tree
(Sophora japonica), Green Ash (Fraxinus caroliniana), etc. at an average
spacing of 25 to 30 feet. Light foliaged trees such as honey locust,
ash and ginko are encouraged in front of commercial uses to increase
visibility of signage.
M.
Views. Views from other properties through a redevelopment site to
the River or to other open space on or adjacent to the tract shall
be maintained and enhanced whenever possible.
N.
Vehicular/Pedestrian Circulation. All buildings are required to have
entrances accessed directly from a public or semi-public pedestrian
walkway. Pedestrian walkways shall be provided between all commercial
buildings and along all streets and/or all interior driveways and
as needed to connect the site to the surrounding neighborhood(s).
Parking lots and pedestrian walkways shall be designed as attractive
elements of the site by their own right with the use of trees, landscaping,
and various building materials and textures. Sidewalks shall be connected
where there are gaps and missing links. Sidewalks shall extend from
the building facade or interior alleys or mews to the curb for the
purpose of facilitating pedestrian movement and creating opportunities
for outdoor eating and shopping areas, placement of street furniture,
etc.
O.
Affordable Housing Component.
(1)
New residential and mixed-use development that includes dwelling
units shall provide affordable housing at the rate of 20% of the total
proposed dwelling units, if any of the affordable units are for sale,
or at the rate of 15% of the total proposed dwelling units, if all
of the affordable units will be for rent. In the event that the applicable
set- aside ratio results in a fraction of an affordable unit being
required, the developer shall make a Payment in Lieu of Set-aside
to cover such fraction in the following manner:
(2)
The Payment in Lieu of Set-aside shall be calculated at the
current rate for In Lieu Payments et forth in COAH's Rules for Housing
Region 3 times the applicable fraction. By way of example, using COAH's
2008 rate for In Lieu Payments for Housing Region 3, if 1/2 of an
affordable unit is due under the formula set forth above (i.e. 20%
or 15% of all proposed dwellings, depending on the tenure of the affordable
units to be provided), the Payment in Lieu of Set-Aside shall be 0.5
times $145,903, or a payment of $72,951.50.
(3)
No payment in lieu shall be permitted to be made for any whole
units the developer is required to provide. All whole affordable units
required to be provided shall be constructed on-site as part of the
development/redevelopment, or they may be constructed or created off-site
but within the Borough of Frenchtown, as long as such off-site affordable
unit(s) comply with al requirements of COAH's Rules (N.J.A.C. 5:97-1,
et seq.) UHAC (N.J.A.C. 5:80-26.1, et seq.), including the phasing
requirements, and the Borough's Affordable Housing Ordinance and Land
Use Ordinance. All proposals for off-site affordable housing units
shall be approved by the Frenchtown Planning/Zoning Board as part
of site plan approval of the development/redevelopment proposal.
(4)
New non-residential development within the Borough, including
new non-residential development within a mixed use development, shall
be subject to the terms of the Bourgh's Development Fee Ordinance.
(5)
Any required Payment in Lieu shall be made prior to the issuance
of the first Construction Permit required under the Uniform Construction
Code Act.
(6)
Frenchtown Borough shall deposit all Payments in Lieus in the
Borough's Affordable Housing Trust Fund to be used only for affordable
housing activities identified in the Borough's adopted Spending Plan.
(7)
All costs to the Borough, including professional fees associated
with assisting the Borough in addressing the impact of a development/redevelopment
or rehabilitation project on the Borough's affordable housing obligation,
shall be paid by the developer.
P.
Regulations for Flood Hazard Areas.
(1)
All redevelopment and rehabilitation uses shall comply with
the regulations for Flood Hazard Areas as set forth in § 410
of the Borough Zoning Ordinance, with the following exception:
(a)
Notwithstanding § 410.D.2.a which requires the lowest
floor to be built at least one foot above base flood elevation, a
garage may be built below the base flood elevation, provided that
the finished floor elevation of all living space shall be at least
one foot above base flood elevation and further provided the garage
shall comply with the flood proofing requirements for nonresidential
construction as set forth in § 410.D.2.b.1 through 3 of
the Borough Zoning Ordinance.
Editor's Note: Flood Hazard Areas, previously contained in § 410 of the Zoning Ordinance are now codified in Chapter 23, Flood Damage Prevention, of the Borough Code.
A.
The designated redeveloper of a redevelopment parcel covered by this
redevelopment plan shall be responsible for his/her fair share of
any installation or upgrade of infrastructure related to the project
whether on-site, off-site, on tract, or off-tract, in accordance with
the executed Redeveloper Agreement between the designated redeveloper
and the Borough. Infrastructure items include, but are not limited
to, gas, electric, water, sanitary and storm sewers, telecommunications,
streets, curbs, sidewalks, street lighting and street trees.
B.
For developers not subject to a Redeveloper Agreement, off-tract improvement responsibilities will be determined during site plan review in accordance with the off-tract improvement provisions of § 50-603 of Frenchtown's Land Use Ordinance and N.J.S.A. 40:55D-42 and shall be consistent with the Utility Services Plan Element of the Borough's Master Plan. All other improvements, whether on-site, off-site or on-tract, shall be provided as required by applicable provisions of the Borough's Land Use Ordinance.
C.
All infrastructure improvements shall comply with applicable local,
state and federal codes including the Americans With Disabilities
Act. All utilities shall be placed underground.
A.
Certain redevelopment activities proposed in this plan may be subject
to state and federal standards, regulations and permit requirements.
The redeveloper is responsible for ensuring compliance with all applicable
standards and obtaining necessary state and federal permits.
A.
This redevelopment plan shall constitute an overlay zoning district
for the entire Rehabilitation Area. All construction, reconstruction,
alteration, rehabilitation or other activities requiring site plan
review shall be done in conformance with the standards contained herein.
In the case where a particular land use or site standard is not covered
in this redevelopment plan, compliance with the Frenchtown Zoning
Ordinance or other applicable Frenchtown Code or ordinance will be
required.
A.
The Local Redevelopment and Housing Law does not allow a municipality
to acquire private property through eminent domain/condemnation under
a Rehabilitation Plan unless it is for a conventional public purpose
such as for a road, park, or community facility.
B.
All development requiring site plan review within the Village Center
Rehabilitation Area shall be in accordance with this Plan and any
development requiring specific action by the Borough shall be developed
through the execution of a Redeveloper Agreement that effectuates
this Plan. However, should parcels targeted for rehabilitation remain
vacant, the Borough Council may recommend to the Planning Board that
these parcels be investigated to determine if they meet the criteria
for Redevelopment. If they do, then this Village Center plan may be
amended at a later date to identify these parcels for acquisition
by a designated Redeveloper.
A.
A redeveloper of a Potential Redevelopment Parcel shall execute a
Redeveloper Agreement with the Borough of Frenchtown. The Redeveloper
Agreement may be executed at any time following the designation of
the redeveloper and shall cover all aspects of the proposed redevelopment,
but shall not preclude the imposition of additional conditions or
modifications to the Plan consistent with the Redeveloper Agreement
arising from the Planning Board's review and approval of the site
plan.
A.
The Borough of Frenchtown is located in Hunterdon County and is bordered
by the Delaware River, and the Townships of Kingwood and Alexandria.
As the redevelopment parcels are relatively small in scale, the Village
Center Plan is unlikely to have a notable impact on either of the
adjacent municipalities.
A.
Hunterdon County last adopted their Master Plan in 1986. The County
is currently going through the cross-acceptance planning process and
will use the results to update their County Master Plan. Since the
1986 plan is the most recently adopted plan, this plan was used to
compare consistency between the County's and Frenchtown's plans. The
Master Plan's Land Use Element includes goals and objectives for guiding
development in the County. This Village Center Rehabilitation Plan
is consistent with the following goal statements:
(1)
Develop land management techniques to accommodate local and
regional commercial growth that discourage strip commercial development.
(2)
Promote infill in areas where appropriate infrastructure is
available.
(3)
Encourage preservation and revitalization of historic and existing
housing.
(4)
Maintain and enhance a business climate supportive of local
village enterprises.
(5)
Encourage new development to be sensitive to and harmonious
with the historic assets of the County.
A.
The State Development and Redevelopment Plan (SDRP) places the Borough
of Frenchtown within the Rural/Environmentally Sensitive Planning
Area (PA-4B) and as an Identified Village Center. Villages are defined
by the SDRP as compact, primarily residential communities that offer
basic consumer services for residents of the Village and its environs.
A Village Center must offer a compact Core of mixed-uses, such as
commercial, resource-based industrial, office, and cultural, offering
employment, basic personal and shopping services, and community activities.
If the Borough chooses to undertake the process to become a Designated
Village Center, Frenchtown would be eligible to receive priority assistance
from state agencies for funding and permitting along with technical
assistance. In the Borough's 2000 Reexamination Report, it is recommended
that the Borough undertake a Strategic Master Plan for Development
and Redevelopment, an outcome of which would be to seek Village Center
designation. This Village Center plan will help to develop further
Frenchtown Borough's core.
B.
This plan also furthers the following State Plan policy objectives:
(1)
Land Use. Utilize creative land use and design techniques to
ensure that development and redevelopment do not exceed the capacity
of natural and infrastructure systems.
(2)
Housing. Provide a full range of housing choices primarily in
Centers at appropriate densities to accommodate projected growth.
(3)
Economic Development. Locate economic development opportunities
in Centers that are responsive to the needs of the surrounding region
and the travel and tourism industry in Centers.
(4)
Redevelopment. Encourage environmentally appropriate redevelopment
in existing Centers and existing developed areas that have the potential
to become Centers. Redevelop with intensities sufficient to support
transit, a broad range of uses and efficient use of infrastructure.
Promote design that enhances public safety, encourages pedestrian
activity and reduces dependency on the automobile.
C.
This plan is compatible with and will help realize the SDRP's vision
of a Village Center and policy objectives.
A.
This plan may be amended from time to time in accordance with the
procedures of the Redevelopment and Housing Law, except that amendments
affecting a redevelopment parcel addressed in an agreement, duly executed
by a redeveloper and the Borough of Frenchtown's redevelopment entity,
shall be contingent on the written approval of such redeveloper.
A.
Upon the inspection and verification by the Borough of Frenchtown's
redevelopment entity that the redevelopment of a parcel subject to
a redeveloper agreement has been completed, a Certificate of Completion
and Compliance shall be issued to the redeveloper and such parcel
shall be deemed no longer in need of redevelopment.
B.
This redevelopment plan shall remain effective until all of the redevelopment
area has been redeveloped and deemed no longer in need of redevelopment
by the Borough of Frenchtown Council.
