[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).
(3) In the context of the uses permitted in Subsection
B(2) above, accessory recreation areas, such as swimming pools, sports courts, community buildings, playgrounds and picnic areas, provided such facilities are restricted for use by the residents of the development and their personal guests.
(4) In the context of the uses permitted in Subsection
B(2) above, accessory garages, sheds, maintenance buildings.
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.
(a)
There shall be not more than 16 multifamily dwelling units per
building.
(b)
The maximum length of any individual building shall not exceed
180 feet.
(c)
No dwelling unit shall be confined exclusively to a basement
or cellar nor to any floor above the second floor.
(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; 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.
(4) Alternatively, hedges may be planted. Plant material used for hedges shall be native [see Subsection
N(4) below for standards], shall be at least two feet high at the time of planting and allowed to grow no higher than four feet.
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.
(1) Landscaping, including the provision of street trees, shall be in conformance with §
50-707.
(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.
[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.
(3)
Within Overlay Zone A, mixed-use live/work buildings, subject to the additional requirements of Subsection
G below.
C. Conditional uses (see §
50-309).
(1)
Home occupations in Overlay Zone A only.
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.
(a)
The area devoted to all buildings and accessory structures shall
not exceed 50% of the lot area.
(b)
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.
(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:
(a)
Seamstress or tailor shop.
(c)
Sales of items made on the premises.
(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; 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.
(2)
Parking standards in Overlay Zone B.
(a)
The parking requirements set forth in the Residential Site Improvement
Standards shall be applicable to dwelling units in Overlay Zone B.
(b)
The parking of recreational vehicles and boats in common parking
lots shall be prohibited in Overlay Zone B.
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.
[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.
(5) Individual detached garages serving the uses set forth in Subsection
B(2) and
(3) above, provided such garages are located behind the front building line of the principal building served.
(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:
(f)
Photographer's studio/gallery.
(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.
(4) Alternatively, hedges may be planted. Plant material used for hedges shall be native [see Subsection
P(4) below for standards], shall be at least two feet high at the time of planting and allowed to grow no higher than four feet.
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.
(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.
(4) Alternatively, hedges may be planted. Plant material used for hedges shall be native [see Subsection
N(4) below for standards], shall be at least two feet high at the time of planting and allowed to grow no higher than four feet.
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.
(4) Alternatively, hedges may be planted. Plant material used for hedges shall be native [see Subsection
M(4) below for standards], shall be at least two feet high at the time of planting and allowed to grow no higher than four feet.
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.
(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.
B. Permitted principal and accessory uses.
(2) A parking lot, open space and passive or active recreational facilities,
as appropriate to a multifamily development.
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.
(4) Alternatively, hedges may be planted. Plant material used for hedges shall be native [see Subsection
N(4) below for standards], shall be at least two feet high at the time of planting and allowed to grow no higher than four feet.
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. 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.
(3) Individual attached or detached garages serving the uses set forth in Subsection
B(1) and
(2) above. Low-, very-low- and moderate-income units need not have individual garages provided.
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.
(1) Lot and yard requirements. Lots are not required to be created, but,
where created, such lots shall meet the following requirements:
(a)
The minimum lot size shall be 1,600 square feet.
(b)
The minimum lot width shall be 22 feet.
(c)
The minimum lot depth shall be 65 feet.
(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.
(3) Building height.
(a)
No principal building shall exceed 2 1/2 stories and 38
feet in height, exclusive of chimneys or cupolas.
(b)
The maximum building height of a detached garage shall not exceed
15 feet.
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.
(4) Alternatively, hedges may be planted. Plant material used for hedges shall be native [see Subsection
M(4) below for standards], shall be at least two feet high at the time of planting and allowed to grow no higher than four feet.
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.
(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".
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.