The following regulations shall apply in the R-1A Zone:
A.
Permitted uses. No building, structure or premises shall be used
and no building shall be erected or altered except for the following
uses:
(1)
Single-family detached.
(2)
Parks and playgrounds.
(3)
A use by the Borough of any property owned or leased by it,
including any use of property owned or leased by the Borough by any
lessee of the Borough; provided, however, that such use by a lessee
shall be, in whole or in part, in furtherance of a municipal purpose.
(4)
Accessory uses customarily incident to the above principal uses,
provided that they shall not include any activity commonly conducted
for gain unless specifically permitted in this section.
(5)
Private garages as an accessory use. Structures used for garaging,
as an accessory use, of not more than four motor vehicles, may be
erected or used on a single lot.
(7)
Signs, as regulated by this chapter.
C.
Minimum lot area, yard and setback requirements shall be subject
to all restrictions and limitations hereinafter set forth and contained
in the Schedule of Bulk and Coverage Controls.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
The following regulations shall apply in the R-1 Zone:
A.
Permitted uses. No building, structure or premises shall be used
and no building shall be erected or altered except for the following
uses:
(1)
Single-family detached.
(2)
Parks and playgrounds.
(3)
A use by the Borough of any property owned or leased by it,
including any use of property owned or leased by the Borough by any
lessee of the Borough; provided, however, that such use by a lessee
shall be, in whole or in part, in furtherance of a municipal purpose.
(4)
Accessory uses customarily incident to the above principal uses,
provided that they shall not include any activity commonly conducted
for gain unless specifically permitted in this section.
(5)
Private garages as an accessory use. Structures used for garaging,
as an accessory use, of not more than four motor vehicles may be erected
or used on a single lot.
(7)
Signs, as regulated by this chapter.
C.
Minimum lot area, yard and setback requirements shall be subject
to all restrictions and limitations hereinafter set forth and contained
in the Schedule of Bulk and Coverage Controls.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
The following regulations shall apply in the R-2 Zone:
A.
Permitted uses. No building, structure or premises shall be used
and no building shall be erected or altered except for the following
uses:
(1)
Single-family detached.
(2)
Two-family detached.
(3)
Single-family semiattached.
(4)
Two-family semiattached.
(5)
Parks and playgrounds.
(6)
A use by the Borough of any property owned or leased by it,
including any use of property owned or leased by the Borough by any
lessee of the Borough; provided, however, that such use by a lessee
shall be, in whole or in part, in furtherance of a municipal purpose.
(7)
Accessory uses customarily incident to the above principal uses,
provided that they shall not include any activity commonly conducted
for gain unless specifically permitted in this section.
(8)
Private garages as an accessory use. Structures used for garaging,
as an accessory use, of not more than four motor vehicles may be erected
or used on a single lot.
(10)
Signs, as regulated by this chapter.
C.
Minimum lot area, yard and setback requirements shall be subject
to all restrictions and limitations hereinafter set forth and contained
in the Schedule of Bulk and Coverage Controls.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
The following regulations shall apply in the R-3 Zone:
A.
Permitted uses. No building, structure or premises shall be used
and no building shall be erected or altered except for the following
uses:
(1)
Uses permitted in R-1A, R-1 and R-2 Residential Zone Districts,
provided that bulk, area, coverage, setback and all other restrictions
and regulations applicable to uses in R-2 Zones shall govern.
(2)
Medium-density multifamily apartment uses, subject to all restrictions
and limitations hereinafter set forth and contained in the Schedule
of Bulk and Coverage Controls for the R-3 Zone.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
B.
Permitted maximum density. The maximum density permitted shall not
exceed 24 dwelling units per net acre, excluding streets and interior
driveways.
C.
Screening and buffers. Along any and all side and rear lot lines,
a visual screen not less than four feet in height consisting of evergreens
or evergreen-type hedges, shrubs or bushes or other suitable natural
planting of trees shall be located and maintained in good condition
within 10 feet of the property line and shall be so spaced as to eliminate
any glare from or into adjoining properties.
D.
Required facilities. Arrangements shall be made for the following:
(1)
To provide each dwelling unit with an adequate receptacle for
the storage of garbage and to further provide, in a suitable and adequately
protected area, adequate space for the storage of excess garbage.
(2)
To provide in some portion of the structure, outside of the
dwelling unit or garbage unit, at least 500 cubic feet of secure and
adequate bulk storage area for the designated use of each dwelling
unit.
(3)
To provide adequate lighting for all parking areas, interior
walks and hallways, all in such manner that the direct source of light
is not reflected into any residential area.
The following regulations shall apply in the R-4 Zone:
A.
Permitted uses. No building, structure or premises shall be used
and no building shall be erected or altered except for the following
uses:
(1)
Uses permitted in R-1 and R-2 Residential Zone Districts, subject
to the bulk, area, coverage, setback and all other restrictions and
regulations applicable to uses in R-2 Zones shall govern.
(2)
Garden apartment uses, subject to all restrictions and limitations
hereinafter set forth and as regulated in the Schedule of Bulk and
Coverage Controls for such use within the R-4 Zone.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
B.
Setup of units. Units shall be arranged as follows:
(1)
No more than 20 dwelling units shall be contained in any one
continuous structure except where garden apartments consist only of
one-bedroom units, in which case, the total number of dwelling units
in a continuous structure may be 22.
(2)
There shall be no more than 12 dwelling units in any unbroken
building line. A setback of not less than four feet shall be deemed
a satisfactory break in the building line. However, in no event shall
any structure exceed 200 feet in length measured against the face
of any broken or unbroken building line.
C.
Front yards. Front yards shall be provided as follows:
(1)
Minimum depth. No apartment building, its walls, covered porches
or accessory structure shall be erected nearer than 50 feet to the
street line of any through street or nearer than 25 feet to the street
line of any interior street or interior driveway, except that garages
may front directly on interior streets.
(2)
Maximum depth. No requirements.
D.
Building area. No more than 15% of the net lot area, excluding streets
and interior driveways, shall be occupied by structures, which building
area may not be enlarged by abandonment of streets.
E.
Open space. At least 10% of the site area, excluding public streets
and interior driveways, shall be set aside and equipped for recreation
areas. Paved parking areas and access drive areas shall not be considered
to constitute recreation spaces. Recreation spaces shall be such as
to provide for common open spaces and facilities suitable to serve
the residents of the garden apartment development and may include
playgrounds, areas for active recreation, gardens and sitting areas.
No such recreation space shall be located in any front or side yard
areas required under the regulations established by this chapter.
F.
Side and rear yards. Side and rear yards shall be subject to the
following:
(1)
Each garden apartment dwelling shall have a side yard on each
side of each structure. The side yards of principal structures shall
be 50 feet each in width, and the side yards for accessory structures
shall be 10 feet each in width.
(2)
Each garden apartment dwelling shall have a rear yard on the
rear of each structure, which said rear yard shall, in every instance,
be a minimum of 50 feet in depth, exclusive of parking areas.
G.
Proximity of units. In no event shall any garden apartment dwelling
be located within 50 feet of any part of any other garden apartment
dwelling.
H.
Inner courts. There shall be a minimum open area of 50 feet between
the front of any garden apartment building and the rear of any other
garden apartment buildings and a minimum distance of 50 feet from
the side of any garden apartment building and the front, side or rear
of any other garden apartment building. Courts bounded on three sides
by the walls of the same building shall not be less than 30 feet in
width along any building line.
I.
Density. The maximum density permitted shall not exceed 14 dwelling
units per acre.
J.
Off-street parking. Off-street parking spaces shall be provided for
each dwelling unit in accordance with RSIS, of which at least 20%
shall be in garages. No off-street parking shall be located in any
area required hereunder nor shall any off-street parking be permitted
within 25 feet of any apartment building structure. Each parking space
shall be not less than 180 square feet in area and nine feet in width
along the least dimension of clear area with suitable access provided
to the same. Where detached garages are provided, no such detached
garages shall exceed a capacity of 15 automobiles.
K.
Screening and buffers. Along any and all side and rear lot lines,
a visual screen consistent with the requirements of this chapter,
consisting of evergreens or evergreen-type hedges, shrubs or bushes
or other suitable natural plantings of trees, shall be located and
maintained in good condition within 10 feet of the property line and
shall be so spaced as to eliminate any glare from or into adjoining
properties.
L.
Basement and cellar apartments. No cellar or basement apartments
shall be permitted. A "basement or cellar apartment" shall mean any
apartment, the ceiling of which extends less than five feet above
the curb level. Any apartment the ceiling of which extends five feet
or more above the curb level shall be counted as a story within the
maximum height regulations of this chapter.
M.
Required facilities. Arrangements shall be made for the following:
(1)
To provide each dwelling unit with an adequate receptacle for
the storage of garbage and to further provide, in a suitable and adequately
protected area, adequate space for the storage of excess garbage.
(2)
To provide in some portion of the structure, outside of the
dwelling unit or garbage unit, at least 500 cubic feet of secure and
adequate bulk storage area for the designated use of each dwelling
unit.
(3)
To provide adequate lighting for all parking areas, interior
walks and hallways, all in such manner that the direct source of light
is not reflected into any residential areas.
(4)
To provide a resident superintendent.
The following regulations shall apply in the R-5 Zone:
A.
Use regulations. To the extent permitted in this article, a planned
unit residential development, as regulated herein, shall be permitted
in only those areas of the Borough of Hawthorne which are zoned R-5,
provided that the area of land controlled by a landowner making application
therefor in said zone so to be developed as a single entity is not
less than five contiguous gross acres. All land within such R-5 Zone
Districts may, exclusive of any provisions contained in this article,
be utilized for R-1A uses, subject to all requirements of the R-1A
Zone, and any land so utilized need not be considered a part or section
of a planned unit residential development requiring review and approval
as provided in this article.
C.
Schedule of requirements.
(1)
Single-family detached, semiattached, groups of semiattached
or clustered dwelling units:
(a)
Minimum lot width: 100 feet.
(b)
Minimum lot frontage: 100 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum lot area: 10,000 square feet.
(e)
Minimum front setback: 40 feet.
(f)
Minimum rear setback: 30 feet.
(g)
Minimum side setback: 10 feet; combined: 25 feet.
(i)
Maximum building height: 2 1/2 stories, not to exceed 35
feet.
(j)
Maximum density: 2.5 dwelling units per acre.
(k)
Minimum percentage of total area devoted to single-family dwelling
units: 40%.
(l)
Single-family, semiattached units shall be permitted in groups
or clusters of not more than four residences, provided that the attachment
is a separate nonessential wall, fence, screen or partition and provided
further that the minimum distance between such units shall be eight
feet. Distance between groups or clusters of semiattached dwelling
units shall be a minimum of 50 feet.
(m)
No building, existing or proposed, shall be set back less than
20 feet from a dead-end or cul-de-sac street nor less than 50 feet
from a through street.
(2)
Townhouses.
(a)
Minimum front setback: 60 feet from an interior street, 100
feet from a major street.
(b)
Minimum rear setback: 50 feet.
(c)
Minimum side setback: 50 feet.
(d)
Maximum density: 10 townhouse dwelling units per acre.
(e)
Maximum percentage of total area devoted to townhouses: 25%.
A structure shall be deemed to be a townhouse where it is a self-contained
single-family residence having a separate utility system and exterior
entrances or exits and shall share a common roof or party wall with
a similar type unit.
(f)
Maximum building height: 2 1/2 stories, not to exceed 35
feet.
(g)
No townhouse unit shall have more than two bedrooms.
(h)
Occupancy shall be only residential, but noncommercial facilities
shall be permitted for recreation or social activities which are solely
for the residents of the project and are not operated for profit.
(i)
Concrete curbing and sidewalks shall be constructed along existing
and proposed street frontages; curbing only on access streets or driveways
or parking areas.
(j)
No building, existing or proposed, shall be located closer than
25 feet from any curbline on site for driveway or parking areas.
(k)
Garbage and refuse pickup stations at townhouses shall be situated
and constructed so as to prevent unsanitary and unsightly conditions.
All garbage and refuse facilities shall be appropriately screened
or fenced from view.
(l)
A screening strip shall be provided along the entire perimeter
of the property on which townhouse units or two-family units are erected
of at least 20 feet in width, measured inward from the property line
and suitably landscaped with grass and/or ground cover, shrubs and
trees. No parking shall be allowed in this area.
(m)
No commercial, business or professional use shall be permitted
in any residential building.
(n)
No building shall be located closer than 100 feet to any building
on the same site or lot which is in a linear continuation, parallel
to or within 30° of being parallel to said building. This distance
can be reduced to not less than 50 feet for buildings situated other
than above. No building shall be located closer than 100 feet from
any building on an adjoining lot or site.
(o)
There shall be no continuous structure of townhouses or attached
dwellings containing more than eight dwelling units, 50% of which
shall contain no more than six dwelling units.
(p)
The facades of all dwelling units shall be varied by changed
front yard setbacks and variation of materials or design so that no
adjacent buildings will have the same front yard setback and no two
of any three buildings the same or essentially the same architectural
treatment of facades and rooflines.
(q)
Buildings or groups of buildings shall be placed on the site
such that they are located in a non-uniform pattern (grid pattern
to be omitted). Distances between buildings are to be varied.
(r)
Each unit shall have two exterior walls. No common hallways
will be permitted except foyers at exterior entrances for two-family
buildings, provided that no safety hazard is created by doors with
common or conflicting opening areas. Window openings on the exterior
walls shall comply with the existing Building Code of the Borough.
(s)
No dwelling unit shall be constructed with any portion of the
height below ground or finished grade.
(t)
Each dwelling unit shall be considered a one-family living unit.
Combining separate households into a unit, regardless of relationship,
shall be prohibited.
(u)
Landscaping.
[2]
The existing and proposed finished landscaping to comply with
this requirement shall be shown on the final site plans or separate
landscaped plans.
[3]
Whenever screening is necessary for the planned unit, the requirement
thereof shall not be included as part of the landscaping requirement
hereinbefore set forth.
(v)
Outdoor lighting fixtures shall be provided for walks, steps,
parking areas and driveways to assure safe and convenient nighttime
use.
(w)
Existing trees, shrubs, evergreens, and ground cover shall be
retained.
D.
Facilities to comply. All public facilities, such as streets, highways,
sidewalks, streetlights, parks, playgrounds, stormwater drainage,
water supply and distribution and sanitary sewers, shall be in accordance
with the standards and requirements of the ordinances of the Borough
of Hawthorne.
E.
Intent of requirements. It is the intention of this section to incorporate
by reference as part of the standards for any planned unit residential
development all requirements applicable to other subdivisions in this
municipality, and the final approval of any such plan hereunder shall
be deemed to incorporate the requirement of compliance with such ordinances
of the municipality pertaining to any other subdivision during the
development of said plan.
F.
Flexibility of requirements. In cases of planned unit residential
development proposed to be developed over a period of years, deviations
may be authorized from the density or intensity of use established
for the entire planned community development. To encourage flexibility
of bounding density design and type intended by the planned community
enabling legislation, the Planning Board may recommend a greater concentration
of density or intensity of land use within some section or sections
of development, whether it be earlier or later in the development,
than upon others. The approval and recommendation of the Planning
Board of greater concentration of density or intensity of land use
for any section to be developed must be offset by a smaller concentration
in any completed prior stage, or there must be an appropriate reservation
of common open space on the remaining land by a grant or easement
or covenant in favor of the owner's organization. Such reservation
shall, as far as practicable, defer the precise location of such common
open space until an application for final approval is filed.
G.
Common open space. Common open space shall comply with the following:
(1)
The amount, location or locations, types, configurations, topography
and maintenance of common open space in any proposed planned unit
residential development shall be reviewed by the Planning Board. It
shall make detailed findings concerning the adequacy or inadequacy
of the aforementioned items in conformance with the provisions of
the enabling legislation.
(2)
There shall be devoted within the planned unit residential development
a minimum of 25% of the total area to open spaces, excluding roadways,
rights-of-way and open easements, at least 10% of which shall be allocated
to recreation areas. Recreation areas shall provide for playground
areas, outdoor grills and benches or sitting areas or such other items
subject to approval of the Planning Board.
(3)
In order to secure proper improvement and maintenance of all
common open space in any proposed planned unit residential development,
the developer shall provide for and establish an organization for
the ownership and maintenance of any common open space, to which organization
said open space shall be deeded absolutely. Such organization shall
not be dissolved, nor shall it dispose of any common space, by sale
or otherwise (except to an organization conceived and established
to own and maintain the common open spaces), without first offering
to dedicate the same to the Borough or a governmental agency designated
by the Borough. The Planning Board shall make findings concerning
the operation of the organization for the ownership and maintenance
of any common open space. It shall require the following assurances,
in form and substance approved by the Planning Board:
(a)
Time when organization is to be created; form of bylaws; deed
covenants for protection of all parties concerned.
(b)
Mandatory or automatic nature of membership in the organization
by the resident or successor.
(c)
Permanence of open space safeguards.
(d)
Liability of the organization for insurance, taxes and maintenance
of all facilities.
(e)
Provision for pro rata sharing of costs and assessments.
(f)
Capacity of the organization to administer common facilities
and preserve the benefits of common open space.
(4)
In the event that the organization to own and maintain common
open space or any successor organization shall, at any time after
establishment of the planned unit residential development, fail to
maintain the common open space, streets, walks, drainage and other
site improvements in reasonable order and condition in accordance
with the plan, the Borough may serve written notice upon such organization
or upon the residents and owners of the planned unit residential development
setting forth the manner in which the organization has failed to maintain
the common open space in reasonable condition, and said notice shall
include a demand that such deficiencies of maintenance be cured within
30 days thereof and shall state the date and place of a hearing thereon
which shall be held within 14 days of the notice. At such hearing,
the Borough may modify the terms of the original notice as to the
deficiencies and may give an extension of time within which they shall
be cured. If the deficiencies set forth in the original notice or
in the modification thereof shall be cured within said 30 days or
any extension thereof, the Borough, in order to preserve the taxable
value of the properties within the planned unit residential development
and to prevent the common open space from becoming a public nuisance,
may enter upon said common open space and maintain the same for a
period of one year. Said entry and maintenance shall not vest in the
public any rights to use the common open space except when the same
is voluntarily dedicated to the public by the residents and owners.
Before the expiration of said year, the Borough shall, upon its initiative
or upon the request of the organization theretofore responsible for
the maintenance of the common open space, call a public hearing, upon
notice to such organization or to the residents and owners of the
planned unit residential development, to be held by the Borough, at
which hearing such organization or the residents and owners of the
planned unit residential development shall show cause why such maintenance
by the Borough shall not, at the election of the Borough, continue
for a succeeding year. If the Borough shall determine that such organization
is ready and able to maintain such common open space in reasonable
condition, the Borough shall cease to maintain said common open space
at the end of said year. If the municipality shall determine such
organization is not ready and able to maintain said common open space
in a reasonable condition, the Borough may, in its discretion, continue
to maintain said common open space during the next succeeding year
and, subject to a similar hearing and determination, in each year
thereafter. The decision of the Borough in any such case shall constitute
a final administrative decision, subject to judicial review.
H.
The cost of such maintenance by the Borough shall be assessed ratably
against the properties within the planned unit residential development
that have a right of enjoyment of the common open space and shall
become a tax lien on said properties. The Borough, at the time of
entering upon said common open space for the purpose of maintenance,
shall file a notice of such lien in the office of the County Clerk
upon the properties affected by such lien within the planned unit
residential development.
I.
Additional standards and requirements.
(1)
The average density shall not exceed in any event three dwelling
units per acre throughout any planned unit residential development.
(2)
The ratio of approved single-family dwelling units versus multifamily
units shall not exceed 15 multifamily units to one single unit.
(3)
The recreation areas shall be developed prior to the completion
of 10% of the dwelling units, or a surety bond posted to cover the
cost for completing same.
(4)
There shall be off-street parking facilities which shall provide
parking areas for each use and which shall be in accord with parking
requirements specified in other sections of this chapter or amendments
thereto, unless otherwise amended herein.
(5)
Sidewalks and curbs shall be installed on all streets, except
only curbs shall be required on access streets, driveways or parking
areas in townhouse areas of the development. The Planning Board shall
have the right to require certain streets in the development to be
dedicated to the public where traffic conditions exist and proposed
streets outside the development make necessary such dedication.
(6)
The distance between streets running in the same general direction
shall be no less than 200 feet apart.
(7)
All projects shall provide and connect public water supplies
and public sanitary collection systems to the nearest existing Borough
facility.
(8)
A drainage assessment shall be made to defray the future off-site
drainage cost which may be caused by the proposed project in the drainage
basin in which the project lies as determined by the Borough Engineer.
(9)
Performance guaranties shall be required to ensure construction of curbing, streets, sidewalks, accessways, monuments, shade trees, screening, drainage, streetlighting, sanitary sewers, water and all other public improvements. To cover all costs in processing, supervising, reviewing and inspecting the planned unit, the applicant shall pay to the Borough, at the time of final approval, a fee equal to 5% of the estimated cost of construction of said improvements as determined by the Borough Engineer. In no case shall the fee be less than as set forth in Chapter 220, Fees. This fee is in addition to the application fee as set forth in Chapter 220, Fees.
(10)
If the site adjoins or includes existing, in part or in whole,
or proposed dedicated streets which are not improved, the developer
shall construct same to the extent of such joiner or inclusion in
accordance with Borough requirements in effect at time of application.
Where the developer does not have complete control over both sides
of said right-of-way, he shall be assessed his proportionate share
of said improvement costs in order to defray the Borough's cost
of construction.
(11)
Application can be made by the same applicant to affix additional
lands immediately adjacent to an approved site plan subject to the
approval of the Planning Board, and said addition shall conform in
all respects to the requirements of this article and achieve the maximum
of coordination with uses, streets, patterns, topography and site
development and appearance of the project and otherwise is made part
of the original plan of the development.
(12)
In the event that right-of-way lines are not established, minimum
building setbacks and distances shall be from the curb lines.
(13)
Architectural renderings showing color and materials shall be
required for all structures to be erected on the site, and construction
plans showing floor layout and wall cross sections shall also be submitted.
(14)
Each site or area for single-family residences, townhouses or
attached housing shall be clearly delineated on the site plan or separate
plan submitted for approval showing these limits and the individual
area of each site for such use.
(15)
Off-street parking for two vehicles for each dwelling unit shall
be required and shall be placed or screened from direct vision from
existing or proposed streets.
(16)
Street patterns within and around proposed dwelling unit sites
shall conform to the proposed plans of the Borough as to right-of-way
locations and pavement widths, considering traffic demands.
(17)
The distance between curbs shall not be less than 30 feet on
all through accessways or streets. The minimum radius of the outside
curb line of any cul-de-sac shall be 50 feet.
J.
Criteria for evaluation of design and location. The standards and
criteria by which design, location, use and buildings shall be evaluated
are as follows:
(1)
Location of land for housing:
(a)
Demand for the type of housing in the proposed location.
(b)
Probable impact on municipal services, utilities and facilities.
(c)
Effect on and from land use, form and character of adjacent
development.
(d)
Effect on the site resulting from the transportation network,
transit facilities and traffic densities.
(e)
Relationship of the site to an existing or probable source of
danger.
(2)
Physical characteristics of the site:
(a)
The final topography of the site and its drainage must be suitable
for the proposed development.
(b)
Natural features such as lakes, streams, topsoil, trees and
shrubs shall be preserved and incorporated into the final landscaping
of the development whenever possible and desirable.
(c)
The effects of prevailing winds, seasonable temperatures and
hours of sunlight on the physical layout and form of the proposed
land use and building shall be taken into account.
(3)
Visual considerations:
(a)
The design of residential and nonresidential uses and buildings,
community facilities, parks and landscape and the design of street
furniture and the nature, size, shape, lighting and style of all outdoor
signs must be found to be in harmony with the purposes of this chapter.
(b)
Skillful treatment of vegetation in the development of sites
shall be encouraged.
(c)
Favorable aesthetic and community appearance factors will be
encouraged by the Planning Board.
(d)
The visual relationships between buildings shall be examined
by the Planning Board.
(e)
The space between buildings as it relates to the visual character
of an area shall be examined by the Planning Board.
(f)
Care shall be taken in the siting of buildings so that advantage
may be taken of desirable views.
(4)
Siting of housing:
(a)
All housing shall be designed with regard to the topography
and natural features of the site and the focal points of the project.
(b)
To create identity and interest in the layout of housing fronting
streets, variations in setbacks shall be encouraged.
(c)
All housing shall be sited so as to preserve privacy and to
ensure natural light.
(d)
Orientation for sun and wind shall be considered.
(e)
Routes for vehicular and pedestrian access and parking areas
shall be convenient without creating nuisances or detracting from
privacy.
(5)
Grading and drainage:
(a)
Seeding, sodding and other planting shall be applied to stabilize
topsoil and enhance the appearance of open areas.
(b)
Where adequate surface drainage is not possible by grading alone,
a supplementary drainage system approved by the Borough Engineer will
be required.
(c)
Where streams are improved or altered or lakes and ponds created,
adequate provisions will be made to protect the slopes along the water
to prevent erosion. Approval of such method of slope protection is
required before granting site plan approval.
(6)
Supplementary project facilities:
(a)
Swimming pools, skating rinks and all recreational areas shall
be located so as to avoid nuisance to adjacent dwelling units. All
recreational or other areas must be properly fenced or screened as
appropriate to the use and enjoyment of residential development.
(b)
Refuse stations, where required, must be designed and located
to be convenient for garbage removal and inoffensive to the occupants
of adjacent dwelling units.
(c)
Adequate lighting must be provided to the outdoor areas used
by occupants after dark. Appropriate lighting fixtures must be provided
for walkways and to identify steps, ramps, directional changes and
signs. Lighting shall be located to avoid shining directly into habitable
room windows in the project or into private outdoor open space which
is associated with dwelling units.
(7)
Site preparation:
(a)
Desirable trees shall be preserved wherever possible. The location
of trees must be considered when planning the location of buildings,
underground services, walks, paved areas, playgrounds, parking areas
and finished grade levels.
(b)
The Planning Board will inquire into the means whereby trees
and other natural features will be protected during construction.
(8)
Street and land use. Streets must be designed with regard to
topography, natural features, function, clarity of movement and economy
of street length. In the design of any street system, the following
criteria must be followed:
(a)
The street system must be integrated with the existing network
of streets so that there are at least two points of access. Where
an area is to be developed in phases, each phase must provide two
points of access.
(b)
The layout must be designed to take advantage of the existing
contours in order to provide satisfactory road gradients and suitable
building lots and facilitate the provision of piped services.
(c)
Where possible, natural features such as watercourses and trees
should be preserved so that they may be incorporated into the layout
to enhance the overall design of the planned unit development.
(d)
The overall clarity of vehicular movement within the planned
community must be evident, and the function of all streets must be
easily identified.
(e)
Lots fronting on more than one street are prohibited.
(f)
Street widths must reflect the function of the road. Due consideration
must be given to special street width construction. The Planning Board
shall decide street width, construction, paving and other pertinent
street consideration above the minimum requirements.
K.
Timing of development. In the timing of the development, which shall
be controlled through the issuance of building permits, the Planning
Board shall determine the schedule of the various stages of the planned
unit residential development and make it a condition of tentative
and final approval of said plan. Performance of stages of development
may be guaranteed by the Planning Board requiring the posting of a
bond or bonds to cover the cost of construction of public facilities,
roads or recreation areas, which are to be developed later than the
immediate stage, at the time of the final approval of such immediate
stage.
L.
Enforcement and modifications of plan. The enforcement and modification
of the provisions of the plan as finally approved, whether recorded
by plat, covenant, easement or otherwise, shall be subject to the
following provisions:
(1)
Enforcement.
(a)
Enforcement by Borough. The provisions of the plan relating
to the use of land and the use, bulk and location of buildings and
structures, the quality and location of common open space and the
intensity of use or the density of residential units shall run in
favor of the Borough and shall be enforceable in law or in equity
by the Borough without limitations on any powers or regulation otherwise
granted the municipality by law.
(b)
Enforcement by residents and owners. All provisions of the plan
shall run in favor of the residents and owners of the planned community,
but only to the extent expressly provided in the plan and in accordance
with the terms of the plan, and to that extent, said provisions, whether
recorded by plat, covenant, easement or otherwise, may be enforced
at law or equity by said residents and owners, acting individually,
jointly or through an organization designated in the plan to act on
their behalf; provided, however, that no provisions of the plan shall
be implied to exist in favor of residents and owners of the planned
unit residential development except as to those portions of the plan
which have been finally approved and have been recorded.
(2)
Modification.
(a)
Modification of plan by Borough. All those provisions of the
plan authorized to be enforced by the Borough this section may be
modified, removed or released by the Borough (except grants or easements
relating to the service or equipment of a public utility unless expressly
consented to by the public utility), subject to the following conditions:
[1]
No such modifications, removal or release of the provisions
of the plan by the Borough shall affect the rights of the residents
and owners of the planned unit residential development to maintain
and enforce those provisions, at law or equity, as provided in this
chapter.
[2]
No modification, removal or release of the provisions of the
plan by the Borough shall be permitted except upon finding by the
Planning Board following a public hearing that the same is consistent
with the efficient development and preservation of the entire planned
unit residential development, does not adversely affect either the
enjoyment of land abutting upon or across a street from the planned
unit residential development or the public interest and is not granted
solely to confer a special benefit upon any person.
(b)
Residents and owners of the planned unit residential development
may, to the extent and in the manner expressly authorized by the provisions
of the plan, modify, remove or release their rights to enforce the
provisions of the plan, but no such action shall affect the right
of the Borough to enforce the provisions of the plan in accordance
with the provisions of this chapter.
This section shall hereafter be known and cited for purposes
of reference, amendment or otherwise as the "R-6 Affordable Housing
Zone of the Zoning Ordinance of the Borough of Hawthorne." The following
regulations shall apply in the R-6 Zone:
A.
Purpose. The purpose of the R-6 Zone is as follows:
(1)
The R-6 Zone is intended to fulfill the mandate of Mount Laurel
II and comply with the rules and regulations of the New Jersey Council
on Affordable Housing (COAH).
(2)
The R-6 Zone is intended solely to meet the terms of the settlement
agreement between the Borough of Hawthorne and Lafayette Realty Company
and Delford Gardens, Inc., the terms of the same being incorporated
herein by reference.
B.
Permitted principal uses. A building may be erected or used, and
the lot may be used or occupied for the following purpose: multifamily
residential housing, in buildings with three or more dwelling units,
in which units may be located one over another and on more than one
floor, including but not limited to rental apartments.
C.
Permitted accessory uses.
(1)
Recreation areas for passive and active recreation solely for
the residents of the development, including, but not limited to, a
swimming pool and clubhouse.
(2)
A single project identification sign, with an aggregate area
of not more than 30 square feet, is permitted. In addition to the
permanent development identification sign referenced above, the developer
is permitted temporary construction and sales signs as necessary to
safely guide visitors and properly separate construction traffic from
customer traffic having total area of not greater than 50 feet. No
temporary sign shall be illuminated, and all such temporary signs
shall be installed and located in accordance with good traffic engineering
practices. All temporary signs shall be removed from the property
prior to the issuance of certificates of occupancy for that particular
section or phase of the development.
(3)
An office for a resident or nonresident project manager; provided,
however, that not more than 750 square feet of floor area on the ground
floor may be utilized for this purpose. Further, a temporary construction/sales
trailer is permitted on site during construction.
(4)
Additional customary accessory structures and uses are permitted
if they serve and are incidental to the primary permitted use and
include off-street parking facilities, stormwater detention/retention
facilities, one-story maintenance buildings, mail kiosks and fences
and walls.
D.
Maximum number of dwelling units. The total number of dwelling units
in the R-6 Zone shall not exceed 108.
E.
Maximum tract density. A maximum of 12 dwelling units per acre shall
be permitted, provided that under no circumstances shall the tract
contain more than 108 dwelling units.
F.
Bulk, coverage and other requirements. The following requirements
shall apply:
(1)
Minimum lot area, yard and setback requirements shall be subject
to all restrictions and limitations hereinafter set forth and contained
in the Schedule of Bulk and Coverage Controls.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
(2)
Minimum building setbacks: 30 feet from all other property lines
except that a patio or deck, having a height of not more than three
feet, extending not more than 12 feet from the building and having
a total area of not more than 120 square feet, shall be permitted
in the rear yard of any residential unit. In addition, a balcony,
extending not more than four feet from the building and having a total
area of not more than 40 square feet, shall be permitted in the rear
yard of any residential unit.
G.
Minimum parking requirements.
(1)
Per New Jersey Residential Site Improvement Standards (RSIS)
(N.J.A.C. 5:21-1.1 et seq.), every dwelling unit shall be provided
with one garage space. Driveways in front of a garage may be included
in the satisfaction of the parking requirements, provided that the
driveway located in front of the garage is used by the garage occupant,
and further provided that minimum driveway length of the space in
front of the garage is 18 feet.
(2)
No parking area or access roadway, except for driveways and
aprons providing garage access, shall be located closer than six feet
to any principal building.
(3)
No parking areas shall be located closer to the property line
of any residential lot outside the boundaries of the R-6 Zone than
the required setback for principal buildings. No parking areas shall
be located closer than five feet to an adjacent industrial zone.
(4)
Each parking space shall be at least nine feet in width and
18 feet in length.
I.
Perimeter buffer.
(1)
Screening shall be provided along the entire perimeter of the
site. A minimum thirty-foot planted perimeter buffer width shall be
provided around the site perimeter. Notwithstanding the same, in areas
where screening is inappropriate due to road access, site distance
requirements or the location of utilities, this standard shall be
relaxed or eliminated. In addition, the perimeter buffer along the
southwest border of the property, where the same adjoins houses having
frontage on Braen Avenue shall be a minimum of 50 feet wide. On the
northwest perimeter of the site, where the same adjoins property fronting
on Lafayette Avenue, the minimum planted perimeter buffer shall be
15 feet wide. In areas where a fifteen-foot-wide planted buffer is
proposed, the developer shall be required to install, where feasible
and to the extent permitted by the adjoining landowner, a planted
buffer of up to 15 feet wide on the lands of the adjoining property
owner. This perimeter buffer shall be as depicted upon the preliminary
plan for development submitted in connection with the settlement agreement
cross-referenced herein.
(2)
The screening shall consist of suitable plant materials and,
if determined appropriate, a decorative solid fence. The screening
shall be designated so as to form a year-round visual barrier between
the site and adjacent properties. Existing trees and shrubs shall
be retained in portions of the site not affected by construction.
The Planning Board shall consider the adequacy of screening to ensure
compliance with this subsection.
J.
Low- and moderate-income housing obligation. A monetary contribution
of a maximum of $625,000 at a per-unit cost of $5,787 per unit shall
be required, as provided for in the Borough of Hawthorne Housing Element
and Fair Share Plan, in fulfillment of the low- and moderate-income
housing obligation associated with this site. See the Borough of Hawthorne
Housing Element and Fair Share Plan for details.
K.
Regulations for condominiums. The following regulations apply to
development in the R-6 Zone if the development is proposed as a condominium
with common open space:
(1)
In order to secure the proper improvement and maintenance of
all common open space in the condominium, the developer shall provide
for and establish an organization for the ownership and maintenance
of any common open space, to which organization said open space shall
be deeded absolutely. Such organization shall not be dissolved nor
shall it dispose of any common space, by sale or otherwise, except
to an organization conceived and established to own and maintain common
open space, without first offering to dedicate the same to the Borough
or governmental agency designated by the Borough. The Planning Board
shall make findings concerning the operation of the organization to
be established for the ownership and maintenance of any common open
space. It shall require the following assurances, in form and substance
approved by the Planning Board:
(a)
Time when organization is to be created; form of bylaws; deed
covenants for protection of all parties concerned.
(b)
Mandatory or automatic nature of membership in the organization
by resident or successor, and permanence of open space safeguards.
(c)
Liability of organization for insurance, taxes, and maintenance
of all facilities.
(d)
Provision for pro rata sharing of costs and assessments.
(e)
Capacity of the organization to administer common facilities
and preserve the benefits of common open space.
(2)
Failure to maintain; Borough to perform maintenance; costs.
(a)
In the event that the organization to own and maintain common
open space, or any successor organization, shall at any time after
establishment of the condominium fail to maintain the common open
space, streets, walks, drainage, and other site improvements in reasonable
order and condition in accordance with the approved site plan, the
Borough may serve written notice upon such organization or upon the
owners of all dwelling units in the development setting forth the
manner in which the organization has failed to maintain the common
open space in reasonable condition, and said notice shall include
a demand that such deficiencies of maintenance be cured within 30
days thereof and shall state the date and place of a hearing thereon
which shall be held within 14 days of notice. At such hearing, the
Borough may modify the terms of the original notice as to the deficiencies
and may give an extension of time within which shall be cured. If
the deficiencies set forth in the original notice or in the modification
thereof shall not be cured within said 30 days or any extension thereof,
the Borough, in order to preserve the taxable value of the properties
within the condominium and to prevent the common open space from becoming
a public nuisance, may enter upon said common open space, and maintain
the same for a period of one year. Said entry and maintenance shall
not vest in the public any rights to use the common open space except
when the same is voluntarily dedicated by the owners and accepted
by the public. Before the expiration of said year, the Borough shall,
upon its initiative or upon the request of the organization theretofore
responsible for the maintenance of the common open space, call a public
hearing upon notice to such organization or to the owners of the development,
to be held by the Borough, at which hearing such organization or the
owners of the development shall show cause why such maintenance by
the Borough shall not, at the election of the Borough, continue for
a succeeding year. If the Borough shall determine that such organization
is ready and able to maintain such common open space in reasonable
condition, the Borough shall cease to maintain said common open space
at the end of said yard. If the municipality shall determine such
organization is not ready and able to maintain said common open space
in a reasonable condition, the Borough may, in its discretion, continue
to maintain said common open space during the next succeeding year
and subject to a similar hearing and determination in each year thereafter.
The decision of the Borough in any such case shall constitute a final
administrative decision subject to judicial review.
(b)
The cost of such maintenance by the Borough shall be assessed
proportionally with the real estate assessment against the owners
within the condominium that have a right of enjoyment of the common
open space and shall become a tax lien on said properties. The Borough,
at the time of entering upon said common open space for the purpose
of maintenance, shall file a notice of such lien in the office of
the County Clerk upon the properties affected by such lien within
the development.
L.
Water and sewer requirements. All projects shall provide and connect
to public water supply and public sanitary collection systems.
M.
Surface drainage. The project engineer shall design all components
of the surface drainage system in accordance with the requirements
of RSIS.
N.
Soil erosion control. Seeding, sodding, and other planting shall
be applied to stabilize topsoil and enhance the appearance of open
areas. Vegetation shall be reestablished on all disturbed areas in
accordance with and under the authority of the Hudson-Essex-Passaic
Soil Conservation District Standards.
O.
Protection of slopes required. Where streams are improved or altered
or detention ponds created, adequate provisions will be made to protect
the slopes along the water to prevent erosion in accordance with Hudson-Essex-Passaic
Soil Conservation District standards.
P.
Refuse stations. Refuse stations, where required, shall be designed
and located so as to be convenient for garbage removal. All refuse
pickup stations must be screened from view.
Q.
Outdoor lighting requirements. Adequate lighting must be provided
in all outdoor areas which are designed for use by occupants after
dark. Site lighting is to be provided along roadway and parking areas,
providing an average maintained light level of 0.5 footcandle, with
poles not exceeding 20 feet in height, utilizing metal halide luminaires.
The maximum light level at the property lines is not to exceed 0.25
footcandle. Lighting shall be located and or shielded to avoid shining
directly into habitable room windows in the project or into private
outdoor open space which is associated with dwelling units.
R.
Tree removal. In areas not subject to regrading, existing trees shall
not be disturbed except as determined by the Borough Engineer to be
necessary for the completion of the project.
S.
Staged development. If development occurs in stages or sections,
each stage or section shall be self-sustaining with regard to access,
parking, utilities, open space and similar physical features and capable
of substantial occupancy, operation and maintenance upon completion
of construction and development.
T.
Retaining walls. A single retaining wall may be located in the perimeter
buffer area having a height not in excess of 10 feet and a length
not in excess of 50 feet. Retaining walls located in the interior
of the project and not in the buffer area shall not exceed 15 feet
in height. Where retaining walls exceed 10 feet, appropriate fencing
and hostile vegetation shall be provided.
This section shall hereafter be known and cited for purposes
of reference, amendment or otherwise as the "Assisted Living/Affordable
Housing Zone of the Zoning Ordinance of the Borough of Hawthorne."
The following regulations shall apply in the R-7 Zone:
A.
Permitted uses. The following uses shall be permitted in the R-7
Zone:
B.
Area and setback requirements. The following requirements shall apply:
(1)
Minimum lot area, yard and setback requirements shall be subject
to all restrictions and limitations hereinafter set forth and contained
in the Schedule of Bulk and Coverage Controls.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
(2)
Minimum setback to internal roadway: 20 feet.
C.
Maximum density. The maximum permitted density shall not exceed 22.5
units per acre.
D.
Supplemental requirements.
(1)
Landscaping: All landscape plans shall provide for a minimum
of 12 deciduous trees per acre and 24 evergreen trees per acre.
(2)
Minimum landscape element: 55% of the site.
(3)
Minimum treed buffer width to R Zone: 20 feet.
(4)
A minimum of 55 parking space per unit shall be provided.
(5)
All projects shall provide and connect public water and sanitary
collection systems to the nearest existing Borough facility of adequate
capacity.
(6)
Where adequate surface drainage is not possible by grading alone,
a supplementary system approved by the Borough Engineer will be required.
(7)
Seeding, sodding and other planting shall be applied to stabilize
topsoil and enhance the appearance of open areas. Vegetation shall
be reestablished on all disturbed areas.
E.
Lower-income housing obligation. A total of eight units within any
continuing care or assisted-living development shall be set aside
for persons of low income, as provided for in the Borough of Hawthorne
Housing Plan, provided that in no event shall more than 20% of the
total number of units on site be required to be set aside for that
purpose.
F.
Affordable housing regulations for assisted-living residences.
(1)
AFFORDABLE
AFFORDABLE UNITS
ASSISTED-LIVING RESIDENCE
LOW-INCOME HOUSEHOLD
LOWER-INCOME PERSONS and LOW- AND MODERATE-INCOME HOUSEHOLDS
(SYNONYMOUS)
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
Definitions. As used in this section, the following terms shall have the following meanings. Unless provided for specifically in this § 540-154, the definitions contained in Article VII, § 540-50 shall apply.
For a rental unit in an assisted-living residence, that the
initial rent for a unit is calculated so as not to exceed 30% of the
eligible household income of the appropriate household size, including
an allowance for utilities.
Designated units or numbers of units in an assisted-living
residence that are restricted to and rented for a monthly fee that
is affordable to low- and moderate-income households, in accordance
with the standards of this section.
A housing development which is a facility licensed by the
New Jersey Department of Health and Senior Services to provide apartment-style
housing and congregate dining and to assure that assisted-living services
are available when needed. Apartment units offer, at a minimum, one
unfurnished room, a private bathroom, a kitchenette, and a lockable
door on the unit entrance.
A household with a total gross annual household income equal
to 50% or less of the median income.
Households with an income less than 80% of the median income.
The median income by household size for Passaic County as
adopted annually by the New Jersey Council on Affordable Housing (COAH).
A household with a total gross annual household income in
excess of 50% but less than 80% of the median income.
(2)
Low-income units required. At least 50% of the designated affordable
units in each bedroom type in the assisted-living residence shall
be affordable to low-income households.
(3)
Unit of credit for affordable units. The unit of credit for
affordable units in an assisted-living residence shall be the apartment,
except for an apartment with two distinct bedrooms that house two
unrelated low- or moderate-income adults.
(4)
Unit type distribution. The distribution of affordable units
in the assisted-living residence by unit type (efficiency or studio
units, one-bedroom units, and shared two-bedroom units) shall, as
best as practicable in the judgment of the entity administering the
affordability controls, be at a minimum equal the distribution of
market-rate units of the same unit type in the assisted-living residence,
excluding those units reserved for persons with Alzheimer's.
(5)
Household size for calculating rent. Efficiency or studio units
shall be affordable to one-person households and a one-bedroom unit
shall be affordable to 1.5-person household, or such other standard
as COAH may prescribe by rule; the current standards are codified
at N.J.A.C. 5:80-26.4.
(6)
Income verification and certification. The income of low- and
moderate-income households shall be verified and certified in accordance
with the standards and procedures established by COAH; the current
standards and procedures are codified at N.J.A.C. 5:80-26.16.
(7)
Monthly fee. The monthly fee for a unit in an assisted-living
residence includes charges for rent, meals, and basic services and
shall be calculated in accordance with the underwriting guidelines
of the New Jersey Housing and Mortgage Finance Agency (NJHMFA).
(8)
Maximum rent. The rent portion of the monthly fee for designated
affordable units in an assisted-living residence shall be established
such that the rent of the designated low-income units is affordable
at 50% of median income and the rent of the designated moderate-income
units is affordable at 80% of median income.
(9)
Maximum monthly fee. Monthly fees for designated affordable
units may not exceed 80% of the applicable low or moderate gross household
income.
(10)
Eligible residents. An assisted-living residence may have two
categories of low- and moderate-income residents: private pay residents
and Medicaid waiver residents.
(11)
Increases of monthly fee. If annual increases of the monthly
fee are permitted by NJHMFA, the increases shall be based on the entire
fee package for rent, food and services.
(12)
Affirmative marketing. The developer-operator of an assisted-living
residence shall prepare, submit to the Borough for approval, and,
once approved, implement, and, when necessary, update and implement,
a regional affirmative marketing plan in accordance with COAH rules,
currently codified at N.J.A.C. 5:93-16.
(13)
Affordability controls. Long-term affordability controls, in
the form of a deed restriction in a form as prescribed by COAH and/or
NJHMFA (currently codified at N.J.A.C. 5:80-26.1 et seq., Appendix
B), and in a form approved by the Borough Attorney, shall ensure that
the designated affordable units in an assisted-living residence remain
affordable to low- and moderate-income households for a minimum of
30 years. The deed restriction may allow the designation of a specific
number of units in the assisted-living residence that shall remain
affordable for the term of the affordability controls, rather than
specifically designating units as affordable units.
(14)
Administration of affordability controls. The developer-operator
of an assisted-living residence shall contract with NJHMFA, or some
other experienced entity subject to the prior approval of the Borough,
to administer the affordability controls by establishing initial monthly
fees and allowable increases in monthly fees for the affordable units,
certifying the income eligibility of prospective residents of the
assisted-living residence, monitoring the income eligibility of residents
of the affordable units, and maintaining the distribution of unit
types in accordance with this section.
This section shall hereafter be known and cited for purposes
of reference, amendment or otherwise as the "Supportive Housing/Affordable
Housing of the Zoning Ordinance of the Borough of Hawthorne." The
following regulations shall apply in the R-8 Zone:
A.
Purpose. The purpose of the R-8 Zone is as follows:
(1)
The R-8 Zone is intended to fulfill the mandate of Mount Laurel
II and comply with the rules and regulations of the New Jersey Council
on Affordable Housing (COAH).
(2)
The R-8 Zone is intended solely to meet the terms of the settlement
agreement between the Borough of Hawthorne and Lafayette Realty Company
and Delford Gardens, Inc., and in furtherance of Hawthorne's
obligation to permit the development of low- and moderate-income housing.
B.
Whenever any subsection of this section conflicts with any provision
of any other ordinance, the provisions of this section shall apply.
C.
Use regulations. The following uses shall be permitted within the
R-8 Zone:
(1)
Permitted principal use. Alternative living arrangement home.
(2)
Permitted accessory uses.
(a)
Recreation areas for passive and active recreation solely for
the residents of the development.
(b)
A single project identification sign, with an aggregate area
of not more than 20 square feet, is permitted.
(c)
Additional customary accessory structures and uses are permitted
if they serve, and are incidental to, the primary permitted use, including
such accessory uses as off-street parking facilities, stormwater detention/retention
facilities, and fences and walls as regulated elsewhere in this chapter.
Additionally, one caretaker's unit shall be permitted.
D.
Area and setback requirements. Minimum lot area, yard and setback
requirements shall be subject to all restrictions and limitations
hereinafter set forth and contained in the Schedule of Bulk and Coverage
Controls.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
E.
Maximum density. Maximum density shall not exceed 22 du/ac.
F.
Minimum affordable units. The minimum number of affordable units
shall not be less than 12 units.
G.
Regulations as to access. Access shall be no more than required in
order to meet the public health, safety and welfare of the residents
and guests.
H.
Steep slope regulations. The Borough's steep slope regulations
are not applicable to the R-8 Zone.
This section shall hereafter be known and cited, for purposes
of reference, amendment or otherwise, as the "Affordable Housing Multifamily
Zone of the Zoning Ordinance of the Borough of Hawthorne." The following
regulations shall apply to the R-9 Zone:
A.
Use regulations. The following uses shall be permitted within the
R-9 Zone:
(1)
Permitted principal use: Multifamily attached housing.
B.
Compliance with affordable housing regulations.
(1)
Any affordable unit constructed in the Borough of Hawthorne
shall comply with the regulations set forth by the Council on Affordable
Housing (COAH) and the Uniform Housing Affordability Controls concerning
bedroom distribution, low-moderate income split, affordability controls,
income-qualification and affirmative marketing, and all other applicable
provisions. All deed-restricted affordable housing units shall be
affirmatively marketed in accordance with current applicable COAH
rules and regulations and at all times be occupied by a certified
low- or moderate-income household.
(2)
Developments in this zone shall provide an affordable housing
set aside of no less than 20% of the total number of units comprising
the development. As permitted by COAH regulations, the developer may
elect to provide a cash payment in lieu of on-site construction and
occupancy to the municipality for 50% of the affordable housing obligation.
In no case, however, shall less than 50% of the affordable housing
obligation be satisfied on site. Half of all affordable units shall
be available to low-income households while the remaining half may
be available to moderate-income households as defined by COAH.
C.
Area and setback requirements. Minimum lot area, yard and setback
requirements shall be subject to all restrictions and limitations
hereinafter set forth and contained in the Schedule of Bulk and Coverage
Controls.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
D.
Maximum density. Maximum density shall not exceed 28 du/ac.
E.
Minimum number of affordable units. The minimum number of affordable
units shall be no less than 20% of total units.
F.
Conflict. Where the above requirements are in direct conflict with
any other subsection of this section, the above requirements shall
prevail.
G.
Supplemental requirements.
(1)
All portions of the property not occupied by buildings, driveways,
parking lots, walkways and dumpster or recycling bins shall be landscaped.
The landscape plan shall be prepared by a licensed professional landscape
architect or other appropriate licensed professional recognized by
the State of New Jersey and shall include, at a minimum, the following
design elements:
(2)
A landscaped buffer area shall be provided along any lot line
that abuts residentially zoned property. The buffer shall be a minimum
of five feet in width, and shall provide a visual screen consisting
of evergreens or evergreen-type hedges, shrubs or bushes or other
suitable natural planting of trees and shall be so spaced as to provide
adequate screening of view, noise and other activity in the R-9 Zone
District.
(3)
Shade trees shall be planted 40 feet on center in the street
right-of-way. Said spacing of trees, if necessary to insure adequate
sight distance for motorists entering onto the public roadway, can
be adjusted, provided that the required number of trees is not diminished.
(4)
Street trees and other plant material shall be provided at the
ends of parking bays. Landscaped islands shall be at least four feet
in width.
(5)
Foundation plantings, including ornamental trees and shrubs,
shall be planted along the perimeter of the building.
(6)
Underground irrigation systems shall be installed as part of
the necessary site infrastructure.
(7)
Exterior lighting shall be designed to provide uniform light
coverage and minimize glare and light trespass outside the boundaries
of the subject property. Maximum height of pole-mounted light fixtures
shall not exceed 16 feet measured to the surrounding grade.
(8)
Notwithstanding building height limitations described earlier
in this article, that portion of a building exclusively containing
a stair tower and/or elevator shaft shall be permitted to exceed the
building height limitation by no more than 12 feet. Building system
infrastructure, including HVAC, shall not exceed 15 feet in height
and cover no more than 15% of the roof surface.
(9)
Refuse and recyclable storage area.
(a)
A refuse and recyclable storage area is a permitted accessory
structure in this zone. Said area shall be enclosed by a decorative
concrete block wall not to exceed six feet in height. Said refuse
and recycling storage area can be located within otherwise required
front or side yards so long as it does not impede safe sight distance
for drivers entering onto or exiting from either the subject property
or adjacent properties.
(b)
The dimensions of the recycling area shall be sufficient to
accommodate recycling bins or containers which are of adequate size
and number and which are consistent with anticipated usage and with
current methods of collection in the area in which the project is
located. The dimensions of the recycling area and the bins or containers
shall be determined in consultation with the Municipal Recycling Coordinator
and shall be consistent with the district recycling plan adopted pursuant
to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13).
(11)
Retaining walls are permitted in all yards. Said walls shall
be designed by a New Jersey licensed professional engineer. Notwithstanding
any provision of this chapter to the contrary, retaining walls shall
be no taller than required to permit the site to function effectively,
but in no event shall be permitted to be greater than eight feet in
height. Walls over four feet in height shall have a protective fence
or other suitable barrier at the top to insure public safety. Walls
must be set back a minimum of five feet from property lines.
(12)
Identification signage shall be a maximum height of five feet
and an aggregate area of no more than 20 square feet. Signage may
be wall-mounted or monument-type, with a minimum setback of 15 feet
from the curbline. Signs shall be nonilluminated.
This section shall hereafter be known and cited for purposes
of reference, amendment or otherwise, as the "R-10 Detached Single-Family
Affordable Housing Zone of the Zoning Ordinance of the Borough of
Hawthorne." The following regulations shall apply to the R-10 Zone:
B.
Bulk requirements. Minimum lot area, yard and setback requirements
shall be subject to all restrictions and limitations hereinafter set
forth and contained in the Schedule of Bulk and Coverage Controls.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
C.
Maximum density. Maximum permitted density shall not exceed 10.89
du/ac.
D.
Front yard restriction. In the front yard, no driveway, carport or
paved area shall be permitted except for one driveway having a width
not in excess of 18 feet and one front walkway having a width not
in excess of four feet.
A.
Purpose. The purpose of this district is to encourage the production
of low- and moderate-income housing with mixed commercial development
in conformance with the latest procedural and substantive rules for
affordable housing as determined by the courts or other applicable
authority, by permitting inclusionary multifamily development subject
to the MUA regulations enumerated herein. This chapter is created
in fulfillment of a settlement agreement by and between the Borough
of Hawthorne, New Jersey, 204 Wagaraw Road, LLC and the Fair Share
Housing Center in connection with the Borough of Hawthorne's
declaratory judgment action captioned "In the Matter of the Application
of the Borough of Hawthorne" bearing docket number PAS-L-2412-15 pursuant
to and RE: the adoption of N.J.A.C. 5:96 and 5:97 by the Council on
Affordable Housing, 221 N.J. 1 (2015).
B.
Principal permitted uses.
(1)
Multiple uses and buildings on one lot is permitted.
(2)
Only those uses listed below shall be permitted.
(a)
Multifamily residential development.
(b)
Retail, including such uses as antique shops, appliance store,
apparel store, bakery shops, barber shops, beauty salon, book and
stationery store, butcher, candy and confectionery store, computer
and electronics store, delicatessen, drug store (pharmacy), dry cleaning
and tailoring, florist shop, food and grocery, furniture store, hardware
store, hobby and craft store, liquor store, painting and wallpaper
store, as well as other uses similar to those listed above.
(c)
Health club and gym facilities.
(d)
Personal service establishments such as travel agencies, financial
and tax advisors, and insurance agencies.
(e)
Day spas as defined by code.
(f)
Restaurants, excluding restaurants with drive-through facilities.
D.
Development requirements.
(1)
Development within the zone shall substantially conform to the
concept plan prepared by Langan Engineering entitled, "Hawthorne at
the Station Concept Site Plan," dated August 16, 2019, as incorporated
into the settlement agreement between the Borough of Hawthorne and
204 Wagaraw Road, LLC and the Fair Share Housing Center in connection
with the Borough of Hawthorne's declaratory judgment action captioned
"In the Matter of the Application of the Borough of Hawthorne" bearing
docket number PAS-L-2412-15 pursuant to/RE: the adoption of N.J.A.C.
5:96 and 5:97 by the Council on Affordable Housing, 221 N.J. 1 (2015).
(2)
Development of the zone shall satisfy the following minimum
requirements:
(a)
The total number of residential units shall not exceed 117 units.
(b)
The total square footage of commercial retail development shall
not be less than 14,000 square feet.
(c)
A commercial self-storage facility with a minimum building footprint
of no less than 30,800 square feet shall be constructed as an integral
feature of the zone's development and shall be constructed along
the northwesterly side property line separating the MUA Zone from
the adjoining industrial zone.
E.
Area and bulk requirements.
(1)
Lot area, external yard and bulk requirements.
(2)
Minimum lot area (acres): 8.5 acres.
(3)
Minimum distance between buildings (feet): 25.
(4)
(5)
Maximum building lot coverage: 25%.
(6)
Maximum impervious lot coverage: 55%.
(7)
Maximum building length: 220 feet.
F.
Height exception. Architectural features designed to comply with
§ 540-158H(16) are exempt from the maximum height requirement,
provided that such decorative feature does not exceed five feet.
G.
Parking requirements.
(1)
Parking requirements for the MUA Zone shall be based upon the
unique characteristics of the MUA Zone, which includes the close proximity
of the zone to the Hawthorne Rail Station and the shared parking arrangement
that typically results from mixed-use development as permitted within
the zone.
(2)
Residential parking standard shall be 1.45 spaces per unit.
(3)
Retail, office and commercial service parking standard shall
be one space per 250 square feet of floor area.
(4)
Total parking may be reduced by a finding by the Board that
the combined total number of parking spaces satisfies on-site parking
demand based upon the mix of land uses proposed for development, proximity
of the MUA Zone to the Hawthorne Rail Station and the shared nature
of parking as such except that the total number of parking spaces
in no case shall be less than 244 parking stalls.
H.
Self-storage requirements.
(1)
Self storage facilities shall meet the following requirements:
(a)
Self-service storage facilities are permitted only within multistory
structures designed to emulate attractive office buildings.
(b)
The only activities permitted in individual storage units shall
be the rental of the unit and the pickup and deposit of goods and/or
property in dead storage. Storage units shall not be used for activities
such as:
[1]
Residences, offices, workshops, studios, or hobby or rehearsal
areas.
[2]
Manufacturing, fabrication, or processing of goods, service
or repair of vehicles, engines, appliances or other electrical equipment,
or any other individual activity.
[3]
Conducting retail sales of any kind, including garage or estate
sales or auctions, or to conduct any other commercial activity; provided
that the operator of the self-service storage may conduct a sale or
otherwise liquidate the contents of any storage unit to satisfy and
settle an account of unpaid rent or other charges, through public
or private sale, in a manner provided by law.
(c)
Storage of flammable, perishable or hazardous materials or the
keeping of animals.
(d)
The rental of trucks, trailers or moving equipment and the installation
of trailer hitches are prohibited.
(e)
Sale of boxes or packing materials is permitted but only if
accessory to the self-service storage facility.
(f)
Self-service storage facilities shall not operate or allow tenant
access between the hours of 12:00 midnight and 6:00 a.m.
(g)
All goods and property stored in a self-service storage facility
shall be stored in an enclosed building. No outdoor storage of any
kind, including but not limited to storage of boats, RVs, vehicles,
trailers or similar vehicles, etc., or storage in outdoor storage
pods or shipping containers is permitted.
(h)
All storage units above ground level and storage units visible
from residential areas shall gain access from the interior of the
building(s) or site; no unit doors, loading bays, or docks may face
or be seen from any adjacent residential areas.
(i)
Electrical service to storage units shall be for lighting and
climate control only. No electrical outlets are permitted inside individual
storage units. Lighting fixtures and switches shall be of a secure
design that will not allow tapping the fixtures for other purposes.
(2)
Required parking. Parking shall be provided for one space per
5,000 square feet of floor area.
I.
Site design requirements.
(1)
Architectural design standards.
(a)
Facade design.
[1]
Horizontal articulation between floors. Each facade should be
designed to have a delineated floor line between street level and
upper floors. This delineation can be in the form of a masonry belt
course, a concrete lintel or a cornice line delineated by wood detailing.
[2]
Vertical articulation. Each building facade facing a public
right-of-way must have elements of vertical articulation comprised
of columns, piers, recessed windows or entry designs, overhangs, ornamental
projection of the molding, different exterior materials or wall colors,
or recessed portions of the main surface of the wall itself. The vertical
articulations shall be designed in accordance with the following:
[a]
Each vertical articulation shall be no greater
than 30 feet apart.
[b]
Each vertical articulation shall be a minimum of
one foot deep.
[c]
Each vertical projection noted above may extend
into the required front yard a maximum of 18 inches in depth.
[d]
Building walls with expansive blank walls are prohibited
on any building facade regardless of its orientation.
(2)
Materials. Exterior building materials shall be classified as
either primary, secondary or accent materials. The facade shall be
designed in accordance with the following:
(3)
Rooflines. Rooflines are not to be flat but pitched. Roofline
offsets, dormers or gables shall be provided in order to provide architectural
interest and variety to the massing of a building and to relieve the
effect of a single, long roof.
(4)
All ground-level retail and service uses that face a public
street shall have clear glass on at least 60% of their facades between
two feet and eight feet above grade.
(5)
Fenestration shall be architecturally compatible with the style,
materials, colors and details of the building. Windows shall be vertically
proportioned.
(6)
All buildings should relate harmoniously to the site's
natural features and existing buildings, as well as other structures
in the vicinity that have a visual relationship and orientation to
the proposed buildings. Such features should be incorporated into
the design of building form and mass, and assist in the determination
of building orientation in order to preserve visual access to natural
and man-made community focal points.
(7)
Buildings should be broken into segments having vertical orientation.
A visual or physical break shall be required where buildings have
a front wall that exceeds 125 feet in length, and in such case, a
visual or physical break shall be provided minimally every 50 linear
feet.
(8)
Buildings with expansive blank walls are prohibited. Appropriate
facade treatments should be imposed to ensure that such buildings
and facades are integrated with the rest of the development and the
entirety of the building.
(9)
New buildings are encouraged to incorporate such building elements
as entrances, corners, graphic panels, display windows, etc., as a
means to provide a visually attractive environment.
(10)
Cornices, awnings, canopies, flagpoles, signage, and other ornamental
features should be encouraged as a means to enhance the visual environment.
Such features may be permitted to project over pedestrian sidewalks,
with a minimum vertical clearance of 8.5 feet, to within two feet
of a curb.
(11)
A "human scale" of development should be achieved at grade and
along street frontages through the use of such elements as windows,
doors, columns, awnings and canopies.
(12)
Multitenant buildings shall provide varied storefronts and such
elements as noted above for all ground-floor tenants. Upper floors
shall be coordinated with ground floors through common materials and
colors.
(13)
Design emphasis should be placed on primary building entrances.
They should be vertical in character, particularly when there is the
need to provide contrast with a long linear building footprint, and
such details as piers, columns, and framing should be utilized to
reinforce verticality.
(14)
Sound attenuation features shall be incorporated into the residential
building design.
(15)
Refuse and recycling shall be located interior to a building
or alternatively, be placed to the rear of the buildings fronting
on Wagaraw Road. If located outside, the refuse area shall be appropriately
screened by fencing not to exceed six feet.
(16)
Rooftop utilities including HVAC units shall be shielded from
public view with appropriate screening that complements the character
of the building's architecture.
J.
Landscaping.
(1)
Landscaping shall be provided to promote a desirable visual
environment, to accentuate building design, define entranceways, screen
parking areas, mitigate adverse visual impacts and provide windbreaks
for winter winds and summer cooling for buildings, and enhance buffer
areas. The impact of any proposed landscaping plan at various time
intervals shall be considered. Plants and other landscaping materials
shall be selected in terms of aesthetic and functional considerations.
The landscape design shall create visual diversity and contrast through
variation in size, shape, texture and color. The selection of plants
in terms of susceptibility to disease and insect damage, wind and
ice damage, habitat (wet-site, drought, sun and shade tolerance),
soil conditions, growth rate, longevity; root pattern, maintenance
requirements, etc., shall be considered. Consideration shall be given
to accenting site entrances and unique areas with special landscaping
treatment. Flowerbed displays are encouraged.
(2)
The Borough Shade Tree Commission shall approve all trees in
the right-of-way to ensure proper maintenance can be achieved. Spacing
between trees shall be a maximum of 35 feet unless another vertical
element, such as a decorative light fixture or blade sign, is used
between the trees, in which case, a maximum of 60 feet shall be permitted.
(3)
Trees along Wagaraw Road shall be in a formal arrangement, while
informal planting may be provided along access roads. Street trees
along Wagaraw Road shall meet the standards set forth in Subsection
A(1) and (2) above.
(4)
Street trees and other plant material shall be provided at the
ends of parking bays. Landscaped island should be at least six feet
in width.
(5)
Parking rows longer than 20 parking spaces shall have a six-foot-wide
landscape island to break the pavement after the 20th space. The landscaped
area shall be six feet wide by 18 feet long to allow for sufficient
landscaping.
(6)
There shall be a minimum ten-foot-wide planted strip along the
site frontage on Wagaraw Road, exclusive of the area necessary for
vehicular access and egress to and from the property.
(7)
Landscaped islands should be at least six feet in width to accommodate
plantings.
(8)
Landscaping within sight triangles shall not exceed a mature
height of 30 inches.
(9)
Shade trees shall be pruned up to an eight-foot branching height
above grade.
(10)
All areas that are not improved with buildings, structures and
other man-made improvements shall be landscaped with trees, shrubs,
ground cover, street furniture, sculpture or other design amenities.
(11)
Shade trees shall be a 2.5- to three-inch caliper with a canopy
height of at least the minimum American Nursery and Landscape Association
Standards for this caliper.
(12)
Ornamental trees shall be installed at a minimum size of six
feet in height.
(13)
Shrubs shall be planted at a minimum size of 18 inches to 24
inches.
(14)
All plant material shall meet the minimum latest American Nursery
and Landscape Association Standards.
(15)
Buffer areas. Buffers shall comply with the following standards:
(a)
Buffer planting shall provide year-round visual screen in order
to minimize adverse impacts from a site on an adjacent property or
from adjacent areas. It may consist of evergreen and deciduous trees
and shrubs, berms, boulders, mounds, or combinations thereof to achieve
the stated objectives as approved by the Planning Board. While fencing
may be installed to delineate the property line, the use of fencing
or walls shall not be relied upon as the primary source of screening.
(b)
Where required, buffers shall be measured from property lines
and street rights-of-way. Compliance shall be determined by the Planning
Board, and any approvals required pursuant to this section shall be
obtained at the time of site plan and subdivision review. Buffer areas
may overlap required setbacks.
(c)
The landscaping shall be designed to provide a visual screen
along the majority of the buffer area. Planting shall be installed
at a variety of sizes which conform to the following minimum sizes:
(d)
No buildings, structures, accessory structures, parking, driveways,
or storage of materials shall be permitted within the required buffer.
(e)
Existing vegetation within the required transition buffer shall
be preserved, as determined appropriate. It shall be supplemented
with shade-tolerant naturalistic massed plantings where necessary
to provide screening of adjoining land uses.
(f)
Irrigation shall be provided for all buffer plantings and sodded
lawn areas in a manner appropriate for the specific plant species.
A growth guarantee of two growing seasons shall be provided and all
dead or dying plants shall be replaced by the applicant, as required,
to maintain the integrity of the site plan.
(16)
Landscape plantings. A minimum of 30% of the plantings proposed
shall be indigenous to the region.
(17)
Landscape plan content. A landscape plan shall be submitted
with each major site plan or major subdivision application. In addition
to the major site plan or subdivision submission requirements, the
landscape plan shall include and identify the following information:
(a)
Existing and proposed underground and aboveground utilities
such as site lighting, transformers, hydrants, manholes, valve boxes,
etc. existing wooded areas, rock outcroppings and existing and proposed
water bodies.
(b)
Location of individual existing trees noted for preservation
within the area of development and 30 feet beyond the limit of the
disturbance. Trees four inches in diameter (measured 4 1/2 feet
above the existing ground level) shall be located and identified by
name and diameter unless the wooded area is shown with a specific
limit line. In this case, specimen trees shall be located within 30
feet of the line. Indicate all existing vegetation to be saved or
removed.
(c)
Existing and proposed topography and location of all landscaped
berms.
(d)
Location, species and sizes of all proposed shade trees, ornamental
trees, evergreen trees and shrubs and areas for lawns or any other
ground cover. Different graphic symbols shall be used to show the
location and spacing of shade trees, ornamental trees, evergreen trees,
shrubs and ground cover. The size of the symbol must be representative
of the size of the plant shown to scale.
(e)
A plant schedule indicating botanical name, common name, size
at time of planting (caliper, height and spread), quantity, root condition
and any special remarks (spacing, substitutions, etc.) for all plant
material proposed. Plants within the plant schedule shall be keyed
to the landscape plan utilizing the first letter of the botanical
plant name.
(f)
Planting and construction details and specifications.
K.
Lighting.
(1)
All lighting fixtures and footcandle standards for parking areas
and recreation facilities should be consistent with the standards
outlined by the Illuminating Engineering Society of North America
(IESNA) and regulations of the Borough of Hawthorne.
(2)
The intensity, shielding, direction and reflecting of lighting
shall be subject to site plan approval by the approving authority.
(3)
All parking areas, walkways, building entrances, and driveways
required for uses in this zone shall be adequately illuminated during
the hours of operation that occur after sunset. Any adjacent residential
zone or use shall be shielded from the glare of illumination from
site lighting and automobile headlights.
(4)
The use of creative lighting schemes to highlight building facades
and related areas of a site shall be encouraged. The use of traditional
style lanterns and similar fixtures shall also be encouraged. Exterior
neon lights and lighting generating glare and unnecessary night-glow
impacts shall be prohibited.
(5)
Whenever possible, light poles should be integrated into landscaped
islands.
(6)
Streetscape lighting.
(7)
All lighting shall conform with the Illuminating Engineering
Society Handbook, most recent edition, and the American National Practice
for Roadway Lighting (RP-8), approved by the American Standards Institute,
most recent edition.
(a)
Light fixtures shall be a traditional style, similar to Hagerstown
Fixture (Model #S5823) with Classic I Pole (Model #SP5844), black
finish, with electric outlet box, manufactured by Hadco Architectural
Outdoor Lighting or approved equal.
(b)
The luminaire light distribution shall be designated as a "cutoff"
type.
(c)
Mounting height shall be 14 feet above grade unless otherwise
directed by the approving authority.
(d)
The source of light shall be LED or other energy-efficient lighting,
as approved by the approving authority.
(e)
All luminaires shall be shielded to eliminate glare, especially
on any other property and public streets. Lamps shall be recessed
in the luminaire.
(f)
The maximum illumination at any point on adjacent properties
shall not exceed 0.2 footcandle.
(g)
Spacing between lights shall not exceed 75 feet.
(h)
All wires and cable will be installed underground by the applicant.
[1]
A separate detailed lighting plan with luminaire manufacturer
details and illumination diagrams and specifications shall be submitted
to the approving authority for review and approval.
[2]
The approving authority may modify the above requirements where
there is sufficient evidence that the requirements herein are not
applicable, unnecessary, or reasonable for their particular project.
L.
Streetscape design.
(1)
The use of street furniture (benches, tables, trash receptacles,
etc.) shall be encouraged throughout the development, provided the
materials used are consistent with the overall concept of the building
design.
(2)
Sidewalks should have a width of at least five feet along main
pedestrian streets where active pedestrian corridors are located and
active pedestrian movements are encouraged, and located along building
frontages so as to tie the various buildings together. Wider sidewalks
may be designed for special places such as plazas or courts.
(3)
Sidewalks shall be stamped concrete with a running bond brick
stamp. A stamped sample must be provided with the filed application.
(4)
Color shall be "quarry red" as provided by the CHROMiX admixture
for color-conditioned concrete supplied by Eastern Concrete Materials,
Inc., or approved equal. A color sample must be provided to confirm
color.
(5)
The approving authority may modify the above requirements where
there is sufficient evidence that the requirements herein are not
applicable, unnecessary, or reasonable for their particular project.
(6)
Streetscape design: benches.
(a)
Benches to be provided are to be manufactured by Keystone Ridge
Design, Model No. L26STL (six-foot bench, lamplighter series), black
in color, or approved equal.
(b)
Spacing and number shall be approved by the approving authority.
(c)
The approving authority may modify the above requirements where
there is sufficient evidence that the requirements herein are not
applicable, unnecessary, or reasonable for their particular project.
M.
Signage.
(2)
A monument sign identifying the address and development shall
be permitted provided that one such sign shall be permitted, subject
to the following requirements:
(a)
The total sign area shall not exceed a maximum of 32 square
feet.
(b)
The height of the sign shall not exceed six feet.
(c)
The sign may be illuminated externally or internally but shall
not be an animated, scrolling or flashing sign, which is otherwise
prohibited by ordinance.
(d)
The base of such monument sign shall be appropriately landscaped
with plantings.
N.
Water and sewer requirements. All projects shall provide and connect
to public water supply and public sanitary collections systems.
O.
Sound barrier.
(1)
A sound barrier shall be constructed along the westerly property
line between the MUA and Industrial Zones.
(2)
The sound barrier shall be designed to attenuate noise between
the adjacent Industrial and MUA Zones.
(3)
The location, dimensioning and height of the wall shall be determined
by the Planning Board based upon an acoustical evaluation by a qualified
sound engineer professional. The height restrictions of the zone shall
not apply to the sound wall as approved by the Planning Board, provided
that the Planning Board is satisfied that the design and height of
the sound barrier are the minimum required to attenuate noise impacts
that may adversely affect the MUA Zone.
P.
Application requirements.
(1)
An applicant for development in the MUA Zone shall submit a
site plan indicating the manner in which the site is to be developed.
Said plan shall include all the data required by ordinance for site
plan review unless otherwise waived by the Board.
(2)
The application shall contain, in addition to the site plan
application checklist provisions, a report detailing the following:
Q.
Application process.
(1)
Notwithstanding the provisions of Subsection P above, it is the intent of this chapter for the Planning Board to expedite its review of any application submitted for this zone within the time frames established under N.J.S.A. 40:55D-1 et seq. It is further the intent of this chapter to not require off-site or off-tract improvements for development, unless the need for such improvements arise from the development within the zone as for example, sewer and water improvements due to increased utility demand and roadway improvements that will be required at the intersection of Wagaraw Road and Lafayette Avenue, nor shall the approving authority require items deemed as "cost-settlement generating" as defined by N.J.A.C. 5:93-10.1 et seq. except as otherwise required under the agreement between the Borough of Hawthorne and 204 Wagaraw LLC.
(2)
Development within the MUA Zone shall be coordinated such that
all phases of development shall proceed together or within a reasonable
time frame as determined by a phasing schedule as approved by the
Planning Board or by developer's agreement with the Borough.
R.
Low- and moderate-income (Mount Laurel) housing requirements. The
following requirements as to the density and distribution of low-
and moderate-income dwelling units shall apply.
(1)
Low- and moderate-income (Mount Laurel) housing requirements:
(a)
Market-rate and minimum low- and moderate-income housing set-aside:
The total number of housing units shall not exceed 117 units and the
total number of affordable housing units shall not be less than 17.
(b)
All low- and moderate-income housing units shall be in conformance
with the latest applicable rules for affordable housing as determined
by the Council on Affordable Housing, the courts or other applicable
authority, as determined appropriate, including such issues as phasing
of building low- and moderate-income units in concert with market-rate
units.
(c)
Bedroom distribution of low- and moderate-income housing units.
Subject to the most current applicable COAH or other rules, the bedroom
distribution of low- and moderate-income units for affordable units
constructed in the MUA Zone shall be as follows:
(d)
Low- and moderate-income unit split. The distribution of inclusionary
affordable units to be provided as part of this development shall
be in accordance with those requirements as set forth by COAH rules
or otherwise deemed appropriate by the court.
(2)
Procedures regarding affirmative marketing of low- and moderate-income
units and other requirements of inclusionary development units are
subject to and determined by COAH rules or rules determined appropriate
by the court.
A.
Purpose. The purpose of this district is to encourage the production
of low- and moderate-income multifamily housing in conformance with
the latest procedural and substantive rules for affordable housing
as determined by the courts or other applicable authority, by permitting
inclusionary multifamily development subject to the R-12-R regulations
enumerated herein. This chapter is created in fulfillment of a settlement
agreement by and between the Borough of Hawthorne, New Jersey, 3 Ronson,
LLC and the Fair Share Housing Center in connection with the Borough
of Hawthorne's declaratory judgment action captioned "In the
Matter of the Application of the Borough of Hawthorne" bearing docket
number PAS-L-2412-15 pursuant to/in RE: the adoption of N.J.A.C. 5:96
and 5:97 by the Council on Affordable Housing, 221 N.J. 1 (2015).
B.
Principal permitted uses.
(1)
Permitted principal uses shall be limited to residential multifamily
development as regulated by this section.
C.
Development requirements.
(1)
The total number of residential units permitted in the R-12-R
Zone shall not exceed 116 units plus one caretaker unit, and the total
number of required affordable housing units shall not be less than
17.
(2)
Area and bulk requirements.
(a)
Lot area, external yard and bulk requirements.
(b)
Minimum lot area (acres): 6.0.
(c)
Minimum distance between buildings (feet): 60.
(e)
Maximum number stories and building height (stories/feet): 4/45*.
(f)
Maximum impervious lot coverage: 50%.
(g)
Maximum building length (feet): 260.
* Height shall be measured from the finished floor of the first
residential level above parking but in no event shall any portion
of a building exceed the height of 55 feet as measured from the average
finished grade of the building as determined by measurements taken
at the midpoint of the length of each building wall at the foundation
to the ridge line of the building.
D.
Parking and circulation requirements.
(1)
Residential Site Improvement Standards (RSIS) shall apply.
(2)
Fire access lanes. A secondary emergency access road serving
any development within the R-12-R Zone shall be provided subject to
the review and approval of the Planning Board.
(3)
A dedicated and unobstructed fifteen-foot-wide fire lane shall
be provided for any building with direct frontage on Goffle Road.
E.
Retaining walls.
(1)
Retaining walls may be located within a perimeter buffer or
elsewhere on-site as needed subject to the following:
(a)
Retaining walls shall be tiered wherever possible.
(b)
Retaining walls shall have a landscaped shrub base when wall
height exceeds five feet.
(c)
Retaining walls adjacent to existing residential properties
where the exposed face of wall faces such properties (i.e., the proposed
improvements are above the adjacent residential property) shall be
set back from the property line minimally the same height of the proposed
retaining wall but in no event shall an outward facing retaining wall
exceed a maximum height of eight feet.
(2)
Retaining walls adjacent to existing residential properties
AND greater than 200-foot setback from Goffle Road where the exposed
face of wall faces away from such properties (i.e., the proposed improvements
are below the adjacent residential property) shall not exceed 25 feet
in height. Such walls serve to lessen visual height impact on adjacent
single-family homes.
(3)
Walls set back less than 100 feet from Goffle Road shall not
exceed 10 feet in height.
(4)
Retaining wall color shall be of earth-tone and complementary
to proposed structure finishes.
(5)
Retaining walls shall have a protective, black vinyl coated
chain link fence on top for safety when wall height is more than three
feet.
(6)
Retaining walls are permitted within all required setbacks and
buffers.
F.
Required buffers.
(1)
A planted landscaped perimeter buffer shall be provided subject to the following standards in addition to § 540-156G(2) as follows:
(a)
No less than a fifty-foot planted buffer shall be maintained
along the front yard.
(b)
No less than a fifteen-foot planted buffer shall be maintained
along the northerly side and rear yards.
(c)
No less than a thirty-foot planted buffer shall be maintained
along the southerly side yard for a distance of no less than 300 feet
as measured from the intersection of the rear lot line with the southerly
lot line extending east.
(d)
No accessory structures, parking, or storage of materials shall
be permitted within the required buffer. Circulation drives, pedestrian
walkways and stormwater swales are permitted within all required buffers
except that not more than 10% of the required buffer shall be affected.
All underground utilities are permitted within required buffer areas.
(2)
Buffer areas. Buffers shall comply with the following standards:
(a)
Buffer planting shall provide year-round visual screen in order
to minimize adverse impacts from a site on an adjacent property or
from adjacent areas. It may consist of evergreen and deciduous trees
and shrubs, berms, boulders, mounds, or combinations thereof to achieve
the stated objectives as approved by the appropriate land use board.
(b)
While fencing may be installed to delineate the property line,
the use of fencing or walls shall not be relied upon as the primary
source of screening.
(c)
Where required, buffers shall be measured from property lines
and street rights-of-way. Compliance shall be determined by the Planning
Board, and any approvals required pursuant to this section shall be
obtained at the time of site plan and subdivision review. Buffer areas
may overlap required setbacks.
(d)
The landscaping shall be designed to provide a visual screen
along the majority of the buffer area. Planting shall be installed
at a variety of sizes which conform to the following minimum sizes:
(3)
Existing vegetation within the required transition buffer shall
be preserved to the extent feasible and as determined appropriate
by the Planning Board. It shall be supplemented with shade-tolerant
naturalistic massed plantings where necessary to provide screening
of adjoining land uses.
G.
Soil movement. Any development within the R-12-R Zone shall comply with § 540-66 of the Borough code regulating the movement of soil.
H.
Steep slope regulations. The Borough's steep slope regulations § 540-94 are not applicable to the R-12-R Zone.
I.
Design standards.
(1)
Development within the R-12-R Zone shall be subject to the following design standards. Relief from any required site design standard under § 540-159I, shall be considered a design standard exception pursuant to N.J.S.A. 40:55D-51.b and not a variance.
(2)
Architectural design standards.
(a)
Rooflines. Rooflines are not to be flat but pitched. Roofline
offsets, dormers or gables shall building be provided in order to
provide architectural interest and variety to the massing of a building
and to relieve the effect of a single long roof.
(b)
Fenestration shall be architecturally compatible with the style,
materials, colors and details of the building. Windows shall be vertically
proportioned.
(c)
All buildings should relate harmoniously to the site's
natural features and existing buildings, as well as other structures
in the vicinity that have a visual relationship and orientation to
the proposed buildings. Such features should be incorporated into
the design of building form and mass, and assist in the determination
of building orientation in order to preserve visual access to natural
and man-made community focal points.
(d)
Buildings with expansive blank walls are prohibited. Appropriate
facade treatments should be imposed to ensure that such buildings
and facades are integrated with the rest of the development and the
entirety of the building.
(e)
Refuse and recycling shall be located interior to a building
or, alternatively, be placed such that they are conveniently located
for residents. If located outside, the refuse area shall be appropriately
screened by fencing not to exceed six feet.
(3)
Landscaping.
(a)
Landscaping shall be provided to promote a desirable visual
environment, to accentuate building design, define entranceways, screen
parking areas, mitigate adverse visual impacts and provide windbreaks
for winter winds and summer cooling for buildings, and enhance buffer
areas. The impact of any proposed landscaping plan at various time
intervals shall be considered. Plants and other landscaping materials
shall be selected in terms of aesthetic and functional considerations.
The landscape design shall create visual diversity and contrast through
variation in size, shape, texture and color. The selection of plants
in terms of susceptibility to disease and insect damage, wind and
ice damage, habitat (wet site, drought, sun and shade tolerance),
soil conditions, growth rate, longevity; root pattern, maintenance
requirements, etc., shall be considered. Consideration shall be given
to accenting site entrances and unique areas with special landscaping
treatment. Flowerbed displays are encouraged.
(b)
Parking rows longer than 20 parking spaces should provide for
a landscape island to break the pavement where practical and feasible.
(c)
Landscaped islands should be at least six feet in width to accommodate
plantings.
(d)
Landscaping within sight triangles shall not exceed a mature
height of 30 inches.
(e)
Shade trees shall be pruned up to an eight-foot branching height
above grade.
(f)
All areas that are not improved with buildings, structures and
other man-made improvements shall be landscaped with trees, shrubs,
and ground cover.
(g)
Shade trees should be a two-and-one-half- to three-inch caliper
with a canopy height of at least the minimum American Nursery and
Landscape Association Standards for this caliper.
(h)
Ornamental trees shall be installed at a minimum size of six
feet in height.
(i)
Shrubs shall be planted at a minimum size of 18 inches to 24
inches.
(j)
All plant material shall meet the minimum latest American Nursery
and Landscape Association Standards.
(k)
Irrigation shall be provided for all buffer plantings and sodded
lawn areas in a manner appropriate for the specific plant species.
A growth guarantee of two growing seasons shall be provided and all
dead or dying plants shall be replaced by the applicant, as required,
to maintain the integrity of the site plan.
(l)
Landscape plantings. A minimum of 30% of the plantings proposed
shall be indigenous to the region.
(m)
Landscape plan content. A landscape plan shall be submitted
with each major site plan or major subdivision application. In addition
to the major site plan or subdivision submission requirements, the
landscape plan shall include and identify the following information:
[1]
Existing and proposed underground and aboveground utilities
such as site lighting, transformers, hydrants, manholes, valve boxes,
etc. existing wooded areas, rock outcroppings and existing and proposed
water bodies.
[2]
Location of individual existing trees noted for preservation
within the area of development and 30 feet beyond the limit of the
disturbance. Trees four inches in diameter (measured 4 1/2 feet
above the existing ground level) shall be located and identified by
name and diameter unless the wooded area is shown with a specific
limit line. In this case, specimen trees shall be located within 30
feet of the line. Indicate all existing vegetation to be saved or
removed.
[3]
Existing and proposed topography and location of all landscaped
berms.
[4]
Location, species and sizes of all proposed shade trees, ornamental
trees, evergreen trees and shrubs and areas for lawns or any other
ground cover. Different graphic symbols shall be used to show the
location and spacing of shade trees, ornamental trees, evergreen trees,
shrubs and ground cover. The size of the symbol must be representative
of the size of the plant shown to scale.
[5]
A plant schedule indicating botanical name, common name, size
at time of planting (caliper, height and spread), quantity, root condition
and any special remarks (spacing, substitutions, etc.) for all plant
material proposed. Plants within the plant schedule shall be keyed
to the landscape plan utilizing the first letter of the botanical
plant name.
[6]
Planting and construction details and specifications.
(4)
Lighting.
(a)
All lighting fixtures and footcandle standards for parking areas
and recreation facilities should be consistent with the standards
outlined by the Illuminating Engineering Society of North America
(IESNA) and regulations of the Borough of Hawthorne.
(b)
The intensity, shielding, direction and reflecting of lighting
shall be subject to site plan approval by the approving authority.
(c)
All parking areas, walkways, building entrances, and driveways
required for uses in this zone shall be adequately illuminated during
the hours of operation that occur after sunset. Any adjacent residential
zone or use shall be shielded from the glare of illumination from
site lighting and automobile headlights.
(d)
The use of creative lighting schemes to highlight building facades
and related areas of a site shall be encouraged. The use of traditional-style
lanterns and similar fixtures shall also be encouraged. Exterior neon
lights and lighting generating glare and unnecessary night-glow impacts
shall be prohibited.
(e)
Whenever possible, light poles should be integrated into landscaped
islands.
J.
Application requirements.
(1)
Application requirements.
(a)
An applicant for development in the R-12-R Zone shall submit
a site plan indicating the manner in which the site is to be developed.
Said plan shall include all the data required by ordinance for site
plan review unless otherwise waived by the Board.
(b)
The application shall contain, in addition to the site plan
application checklist provisions, a report detailing the total number
of dwelling units by bedroom count. The total number of units shall
be indicated and intensity of use of the entire tract shall be noted.
(2)
Application process. It is the intent of this chapter for the
Planning Board to expedite its review of any application submitted
for this zone within the time frames established under N.J.S.A. 40:55D-1
et seq. It is further the intent of this chapter to not require off-site
or off-tract improvements for development, unless the need for such
improvements arise from the development within the zone nor shall
the approving authority require items deemed as "cost-generating"
as defined by N.J.A.C 5:93-10.1 et seq.[1]
[1]
Editor's Note: The provisions of N.J.A.C. 5:93-10.1 expired
on October 16, 2016.
K.
Low- and moderate-income (Mount Laurel) housing requirements.
(1)
Market-rate and minimum low- and moderate-income housing set-aside:
The total number of housing units shall not exceed 116 units plus
one caretaker unit and the total number of affordable housing units
shall not be less than 17.
(2)
All low- and moderate-income housing units shall be in conformance
with the latest applicable rules for affordable housing as determined
by the Council on Affordable Housing, the courts or other applicable
authority, as determined appropriate, including such issues as phasing
of building low- and moderate-income units in concert with market-rate
units.
(3)
Bedroom distribution of low- and moderate-income housing units.
Subject to the most current applicable COAH or other rules, the bedroom
distribution of low- and moderate-income units for affordable units
constructed in the R-12-R Zone shall be as follows:
(a)
No more than 20% of the low- and moderate-income units shall
be one-bedroom units.
(b)
At least 20% of the low- and moderate-income units shall be
three-bedroom units.
(c)
At least 30% of the low- and moderate-income units shall be
two-bedroom units.
(d)
Low- and moderate- income unit split. The distribution of inclusionary
affordable units to be provided as part of this development shall
be in accordance with those requirements as set forth by COAH rules
or otherwise deemed appropriate by the court.
(e)
Procedures regarding affirmative marketing of low- and moderate-income
units and other requirements of inclusionary development units are
subject to and determined by COAH rules or other rules determined
appropriate by the court.
A.
Purpose. The purpose of the AHO Zone is as follows: The AHO Zone
is intended to satisfy the terms of the settlement agreement between
the Borough of Hawthorne and Fair Share Housing Council in fulfillment
of the Borough's affordable housing obligation pursuant to the
New Jersey Fair Housing Act and New Jersey State Supreme Court Mount
Laurel decisions.
C.
Permitted accessory uses.
(1)
Recreation areas for passive and active recreation solely for
the residents of the development, including, but not limited to, a
swimming pool and clubhouse.
(2)
A single project identification sign, with an aggregate area
of not more than 30 square feet, is permitted. In addition to the
permanent development identification sign referenced above, the developer
is permitted temporary construction and sales signs as necessary to
safely guide visitors and properly separate construction traffic from
customer traffic having total area of not greater than 50 feet. No
temporary sign shall be illuminated, and all such temporary signs
shall be installed and located in accordance with good traffic engineering
practices. All temporary signs shall be removed from the property
prior to the issuance of certificates of occupancy for that particular
section or phase of the development.
(3)
An office for a resident or nonresident project manager; provided,
however, that not more than 750 square feet of floor area on the ground
floor may be utilized for this purpose. Further, a temporary construction/sales
trailer is permitted on site during construction.
(4)
Additional customary accessory structures and uses are permitted
if they serve and are incidental to the primary permitted use and
include off-street parking facilities, stormwater detention/retention
facilities, one-story maintenance buildings, mail kiosks and fences
and walls.
D.
Maximum tract density. A maximum of 24 dwelling units per acre shall
be permitted.
E.
Bulk, coverage and other requirements. The following requirements
shall apply:
(1)
Minimum lot area, yard and setback requirements shall be subject
to all restrictions and limitations hereinafter set forth and contained
in the Schedule of Bulk and Coverage Controls for the R-3 Zone shall
apply.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
(2)
Parking consistent with RSIS requirements consistent with N.J.A.C.
5:21-4.14, Table 4.4, shall be required except alternative parking
standards to those shown in Table 4.4 shall be accepted if the applicant
demonstrates these standards better reflect local conditions. Factors
affecting minimum number of parking spaces include household characteristics,
availability of mass transit, urban versus suburban location, and
available off-site parking resources.
(3)
Development shall be subject to the zone regulations of the
R-3 Zone.
F.
Residential development shall be subject to an affordable housing set-aside of 15% of the total number of units for rental housing and 20% of all residential units if units are developed for sale and shall be further subject to all requirements as provided for under Article XXIV, Affordable Housing.
The following regulations shall apply in the B-1 Zone:
A.
Permitted uses. In districts zoned B-1 Neighborhood Commercial, no
building shall be used and no building shall be erected or altered
which is arranged, intended or designed to be used except for local
retail or personal service business establishments such as or similar
to:
(1)
Barbershops and beauty parlors.
(2)
Groceries and foodstuffs.
(3)
Drugs and pharmaceuticals.
(4)
Confectionery, newspaper, stationery, and tobacco.
(5)
Hardware and paints.
(6)
Laundry and dry-cleaning collection, but not processing.
(7)
Radio, television and small appliance sales.
(8)
Bakeries.
(9)
Bank and financial institution branch offices.
(10)
Professional and business offices.
(12)
R-2 residential uses, subject to restrictions applicable to
such zone.
B.
Prohibited uses. In addition to all uses prohibited in business zone districts or prohibited throughout the Borough of Hawthorne, and all uses patently not permitted by, or the same or similar to uses permitted by § 540-161A, any use involving the sale, servicing, repairing of automobiles, trucks or other motor vehicles shall not be considered a permitted use in a B-1 Zone District.
C.
The permitted hours of operation for food stores and pharmacies are
6:00 a.m. to 12:00 midnight. For restaurants, the permitted hours
are 6:00 a.m. to 12:00 midnight, or as permitted by the liquor license
for the premises. All other uses are permitted to operate 6:00 a.m.
to 11:00 p.m. Nothing herein shall preclude the reviewing board hearing
any application from establishing more restrictive hours of operations,
based upon the nature of the proposed business operations and other
facts and circumstances considered by the board.
D.
Bulk requirements. Minimum lot area, yard and setback requirements
shall be subject to all restrictions and limitations hereinafter set
forth and contained in the Schedule of Bulk and Coverage Controls.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
E.
Maximum floor area. No building or part of any building used, designed
or intended to be used as and for a use permitted under this section
shall contain or utilize more than 5,000 square feet of floor area
for retail sales, display or service and not more than 7,500 square
feet of total area, including any purpose connected with the principal
use and any uses accessory thereto.
F.
Concurrent R-2 Zone uses. R-2 residential uses may be permitted in
the same building as a B-1 use, provided that the entire first floor
of the building is devoted to such B-1 use and the entire second floor
is devoted to residential use, with a separate entranceway for access
to such second floor. In such instances, the requirements of the R-2
Zone Districts will apply, except that buildings need not be set back
more than 40 feet from the center line of the street on which the
lot may front, no side yards shall be required, and the building area
and rear yard requirements may begin at the second-story sill level,
or 20 feet above the curb.
The following regulations shall apply in the B-2 Zone:
A.
Permitted uses. The following uses shall be permitted in the B-2
Zone:
(1)
In districts zoned B-2 Central Business, no building shall be
used and no building shall be erected or altered which is arranged,
intended or designed to be used except for general retail, personal
service, amusement and recreation or cultural facilities and establishments
consistent with the B-1 Zone and not otherwise prohibited by any section
of this chapter and wherein the principal activity shall be the sale
on the premises to the ultimate consumer of goods, commodities, services
or the furnishing of facilities.
(3)
No use permitted in a B-1 Zone District shall be excluded from
a B-2 Zone District, including R-2 uses in the same manner permitted
within the B-1 Zone District.
B.
Prohibited uses. In addition to all uses prohibited in business zone districts or prohibited throughout the Borough of Hawthorne, and all uses patently not permitted by, or the same or similar to uses permitted by § 540-161, any use involving the sale, servicing, repairing of automobiles, trucks or other motor vehicles and drive-through eating establishments shall not be considered a permitted use in a B-2 Zone District.
C.
The permitted hours of operation for food stores and pharmacies are
6:00 a.m. to 12:00 midnight. For restaurants, the permitted hours
are 6:00 a.m. to 12:00 midnight, or as permitted by the liquor license
for the premises. All other uses are permitted to operate 6:00 a.m.
to 11:00 p.m. Nothing herein shall preclude the reviewing board hearing
any application from establishing more restrictive hours of operations,
based upon the nature of the proposed business operations and other
facts and circumstances considered by the board.
D.
Notwithstanding anything to the contrary in this chapter, there shall be no requirement for any business operating in the B-2 Central Business Zoning District to provide for off-street parking for any permitted use hereunder except for residential development as required pursuant to Article XVIII, Parking and Loading. Any reviewing Board may nevertheless review and plan submitted for off-street parking in terms of safety and circulation and impose restrictions or conditions in accordance with such review.
E.
Residential units above commercial uses.
(1)
Residential development above a commercial use is permitted,
provided that the entire first floor of the building is devoted to
such B-1 use and the entire upper stories are devoted to residential
use, with a separate entranceway for access to such second floor.
(2)
The maximum permitted residential density shall not exceed 12
dwelling units per acre.
(3)
Residential development shall be subject to an affordable housing set-aside of 20% of all residential units developed and shall be further subject to all requirements as provided for under Article XXIV, Affordable Housing.
(4)
Development shall be subject to the zone regulations of the
B-2 Zone.
(5)
Parking consistent with RSIS requirements consistent with N.J.A.C.
5:21-4.14, Table 4.4, shall be required except alternative parking
standards to those shown in Table 4.4 shall be accepted if the applicant
demonstrates these standards better reflect local conditions. Factors
affecting minimum number of parking spaces include household characteristics,
availability of mass transit, urban versus suburban location, and
available off-site parking resources.
F.
Supplemental regulations.
(1)
Any business use permitted by this section shall only be conducted within the confines of a building, with the exception of nurseries, florists, outdoor dining subject to the standards of § 540-165.
(2)
No business shall carry merchandise other than that intended
to be sold at retail in the premises or used in the rendering of a
service permitted to be conducted on the premises.
(3)
More than one building may be permitted on one lot, provided
that yard and area requirements are met for each building, except
where a building is used exclusively for residential purposes; then
such building, together with accessory buildings as permitted by this
chapter, shall be the sole use permitted on said lot.
(4)
Notwithstanding anything to the contrary in this chapter, there
shall be no requirement for any business operating in the B-2 Central
Business Zoning District to provide for off-street parking for any
permitted use hereunder. Any reviewing board may nevertheless review
any plan submitted for off-street parking in terms of safety and circulation
and impose restrictions or conditions in accordance with such review.
(5)
Bulk requirements. Minimum lot area, yard and setback requirements
shall be subject to all restrictions and limitations hereinafter set
forth and contained in the Schedule of Bulk and Coverage Controls.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
A.
Properties designated. There is hereby created a B-3 Retail Business
Zone, as depicted on the Zoning Map, and generally described as applying
to all properties in the following locations:
(1)
All properties on the west side of Goffle Road from Lafayette
Avenue to the Wyckoff border and certain specifically identified properties
on Braen Avenue from Goffle Road to Valley Street.
(2)
In addition, the permitted uses and zoning restrictions, requirements
and standards of the B-3 Zone shall apply as overlay zoning, in addition
to and not instead of existing zoning, as depicted on the Zoning Map
in the following generally described areas:
(a)
All properties on the south side of Wagaraw Road from the NYS&W
Railroad to Goffle Road, including all properties on Thomas ROW South,
and continuing west on Goffle Road approximately 100 feet west of
the intersection of Wagaraw and Goffle Roads.
(b)
All properties on the west side of Goffle Road from North 8th
Street north to approximately 283 feet south of McFarlan Avenue.
(c)
All properties on Thomas ROW North.
(d)
All properties on the north side of Wagaraw Road from Thomas
ROW North to Goffle Road, and on the east side of Goffle Road from
Wagaraw north to McFarlan Avenue.
B.
B-3 permitted uses. Permitted uses in the B-3 Business Zone are as
follows:
(1)
Retail, including such uses as antique shops, appliance store,
apparel store, bakery shops, barber shops, beauty salon, book and
stationery store, butcher, candy and confectionery store, computer
and electronics store, delicatessen, drug store (pharmacy), dry cleaning
and tailoring, florist shop, food and grocery, furniture store, hardware
store, hobby and craft store, liquor store, painting and wallpaper
store, as well as other uses similar to those listed above.
(2)
New car dealerships and related services as well as used car
sales but only in conjunction with a new car dealership.
(3)
Health club.
(4)
Personal service.
(6)
Office, including medical.
(7)
Banks and financial institutions.
(8)
Garden centers and nurseries.
(9)
Printing and reprographics.
(10)
Assembly with associated storage.
(11)
Automobile repair, service and parts.
(12)
Contractors supply including plumbing, electrical, carpentry
and related trade supply.
(13)
Contractor offices including related accessory storage; provided,
however, that all such storage is indoor storage.
C.
The permitted hours of operation for food stores and pharmacies are
6:00 a.m. to 12:00 midnight. For restaurants, the permitted hours
are 6:00 a.m. to 1:00 a.m. or as permitted by the liquor license for
the premises. All other uses are permitted to operate 6:00 a.m. to
11:00 p.m.
D.
Existing warehouse uses, including public storage, may be continued
as a preexisting nonconforming use.
E.
For permitted uses listed above, other than automobile dealerships
and related service, the maximum floor area shall be 30,000 square
feet. For automobile dealerships and related service, the maximum
floor area shall be 60,000 square feet. Floor areas in excess of the
standards of this section shall not be permitted.
F.
B-3 bulk requirements. Minimum lot area, yard and setback requirements
shall be subject to all restrictions and limitations hereinafter set
forth and contained in the Schedule of Bulk and Coverage Controls.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
G.
Minimum floor area. The minimum floor area for any use listed above,
including any unit within a retail shopping area, shall not be less
than 2,000 square feet.
H.
Minimum buffer adjoining residential zone or residential property.
In the B-3 Zone, including any area zoned to permit concurrent B-3
uses, there shall be a minimum twenty-five-foot-wide landscaped buffer
adjoining any residential zone or residential property.
A.
Properties designated. There is hereby created a B-3A Retail Business
Zone District, as described in the accompanying Zoning Map, and generally
described as applying to all properties in the following locations:
(1)
All properties on the east side of Goffle Road from Lafayette
Avenue to the Ridgewood border, and also including property on both
sides of Rock Road between Goffle Road and the NYS&W Railroad.
(2)
In addition, the permitted uses and zoning restrictions, requirements
and standards of the B-3A Zone shall apply as overlay zoning, in addition
to and not instead of existing zoning, as depicted on the Zoning Map
in the following generally described areas:
(a)
All properties on the east side of Goffle Road east from the
Prospect Park border to approximately 100 feet west of the intersection
with Wagaraw Road.
(b)
All properties on the west side of Goffle Road between Westervelt
Avenue and Mohawk Avenue.
(c)
All properties in the block bounded by Mohawk Avenue, Goffle
Road and North Eighth Street.
(d)
Three properties on the west side of North Eighth Street at
the intersection with Goffle Road.
B.
Permitted uses in the B-3A Zone. The permitted uses in the B-3A Zone,
including those areas depicted as within the overlay zoning district
noted above, are the same as the B-3 Zone, except that no automobile
sales are permitted in the B-3A Zone. All restrictions on maximum
and minimum floor area and hours of operation applicable in the B-3
Zone shall apply in the B-3A Zoning District and where such is permitted
as overlay zoning.
C.
B-3A bulk requirements. Minimum lot area, yard and setback requirements
shall be subject to all restrictions and limitations hereinafter set
forth and contained in the Schedule of Bulk and Coverage Controls.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
D.
Minimum buffer adjoining residential zone or residential property.
In the B-3A Zone, including any area zoned to permit concurrent B-3A
uses, there shall be a minimum twenty-five-foot-wide landscaped buffer
adjoining any residential zone or residential property.
E.
Parking requirements. Parking requirements shall be as follows:
(1)
No parking space shall be permitted where vehicles are required
to back in or out directly to Goffle Road or Wagaraw Road. All on-site
parking areas shall be accessed via internal circulation aisles.
(2)
All developments shall provide internal driveway linkages permitting
vehicles to travel to and from adjoining parking lots, thereby enabling
vehicles to travel from one lot to the next without having to go onto
Goffle Road or Wagaraw Road, where practical. Parking lots shall accordingly
be designed to accommodate this linkage and provide the appropriate
safe and efficient design features consistent with this requirement.
(3)
Parking is allowed in the front yard, provided there is a minimum
ten-foot-wide planted strip, with appropriate landscape elements,
separating the parking area from Goffle Road and Wagaraw Road.
F.
Applicable design standards to both the B-3 and B-3A Zone. The following standards are applicable to development in the B-3 and B-4 Districts including any area zoned to permit concurrent B-3 and B-3A uses. Where design standards conflict with other provisions of Chapter 540, the regulations contained within this section shall apply.
(1)
Building form and mass.
(a)
All buildings should relate harmoniously to the site's
natural features and existing buildings, as well as other structures
in the vicinity that have a visual relationship and orientation to
the proposed buildings. Such features should be incorporated into
the design of building form and mass, and assist in the determination
of building orientation in order to preserve visual access to natural
and man-made community focal points.
(b)
Buildings should be broken into segments having vertical orientation.
A visual or physical break shall be required where buildings have
a front wall that exceeds 125 feet in length, and in such case, a
visual or physical break shall be provided minimally every 50 linear
feet.
(c)
Buildings with expansive blank walls are prohibited. Appropriate
facade treatments should be imposed to ensure that such buildings
and facades are integrated with the rest of the development entirety
of the building.
(d)
New buildings are encouraged to incorporate such building elements
as entrances, corners, graphic panels, display windows, etc., as a
means to provide a visually attractive environment.
(e)
Cornices, awnings, canopies, flagpoles, signage, and other ornamental
features should be encouraged as a means to enhance the visual environment.
Such features may be permitted to project over pedestrian sidewalks,
with a minimum vertical clearance of 8.5 feet, to within two feet
of a curb.
(2)
Facade treatment.
(a)
A "human scale" of development should be achieved at grade and
along street frontages through such elements as windows, doors, columns,
awnings and canopies.
(b)
Multitenant buildings shall provide varied storefronts and such
elements as noted above for all ground-floor tenants. Upper floors
shall be coordinated with ground floors through common materials and
colors.
(c)
Design emphasis should be placed on primary building entrances.
They should be vertical in character, particularly when there is the
need to provide contrast with a long linear building footprint, and
such details as piers, columns, and framing should be utilized to
reinforce verticality.
(3)
Material and texture.
(a)
A variety of materials may be appropriate. Masonry, which works
well at the base of a building, can vary in size, color and texture
and enables the provision of a decorative pattern or band. Above 12
feet, it can be substituted with other suitable materials.
(b)
The use of fabric or metal canopies is to be encouraged, especially
over storefronts, at entrances, or over display windows.
(c)
Integration of large-scale graphics into the facade, where appropriate,
is encouraged. Logos and trademarks shall be considered signage for
the purposes of this article.
(4)
Lighting.
(a)
The use of creative lighting schemes to highlight building facades
and related areas of a site shall be encouraged. The use of traditional
style lanterns and similar fixtures shall also be encouraged. Exterior
neon lights and lighting generating glare and unnecessary night-glow
impacts shall be prohibited.
(b)
Whenever possible, light poles should be integrated into landscaped
islands.
(c)
Streetscape lighting.
[1]
All lighting shall conform with the Illuminating Engineering
Society Handbook, most recent edition, and the American National Practice
for Roadway Lighting (RP-8), approved by the American Standards Institute,
most recent edition.
[2]
Light fixtures shall be a traditional style, similar to Hagerstown
Fixture (Model #S5823) with Classic I Pole (Model #SP5844), black
finish, with electric outlet box, manufactured by Hadco Architectural
Outdoor Lighting or approved equal.
[3]
The luminaire light distribution shall be designated as a "cutoff"
type.
[4]
Mounting height shall be 14 feet above grade unless otherwise
directed by the approving authority.
[5]
The source of light shall be LED or other energy-efficient lighting,
as approved by the approving authority.
[6]
All luminaires shall be shielded to eliminate glare, especially
on any other property and public streets. Lamps shall be recessed
in the luminaire.
[7]
The maximum illumination at any point on adjacent properties
shall not exceed 0.2 footcandle.
[8]
Spacing between lights shall not exceed 75 feet.
[9]
All wires and cable will be installed underground by the applicant.
[10]
A separate detailed lighting plan with luminaire
manufacturer details and illumination diagrams and specifications
shall be submitted to the approving authority for review and approval.
[11]
The approving authority may modify the above requirements
where there is sufficient evidence that the requirements herein are
not applicable, unnecessary, or reasonable for their particular project.
(5)
Streetscape design: sidewalks.
(a)
The use of street furniture (benches, tables, trash receptacles,
etc.) shall be encouraged throughout the development, provided the
materials used are consistent with the overall concept of the building
design.
(b)
Sidewalks should have a width of at least five feet along main
pedestrian streets where active pedestrian corridors are located and
active pedestrian movements are encouraged, and located along building
frontages so as to tie the various buildings together. Wider sidewalks
may be designed for special places such as plazas or courts.
(c)
Sidewalks shall be stamped concrete with a running bond brick
stamp. A stamped sample must be provided with the filed application.
(d)
Color shall be "quarry red" as provided by the CHROMiX admixture
for color-conditioned concrete supplied by Eastern Concrete Materials,
Inc., or approved equal. A color sample must be provided to confirm
color.
(e)
Benches to be provided are to be manufactured by Keystone Ridge
Design, Model No. L26STL (six-foot bench, lamplighter series), black
in color or approved equal.
(f)
Spacing and number shall be approved by the approving authority.
(g)
The approving authority may modify the above requirements where
there is sufficient evidence that the requirements herein are not
applicable, unnecessary, or reasonable for their particular project.
(6)
Landscaping.
(a)
A hierarchy of landscape features should be established for
the site. Where a new road is proposed, it shall include street trees
on each side of the roadway, and such trees should be different than
the trees used in parking areas. The Borough Shade Tree Commission
shall approve all trees in the right-of-way to ensure proper maintenance
can be achieved. Spacing between trees shall be a maximum of 35 feet
unless another vertical element, such as a decorative light fixture
or blade sign, is used between the trees, in which case, a maximum
of 60 feet shall be permitted.
(b)
Trees along Goffle Road and Wagaraw Road shall be in a formal arrangement, while informal planting may be provided along access roads. Street trees along Goffle Road and Wagaraw Road shall meet the standards set forth in Subsection F(6)(a) above.
(c)
Street trees and other plant material shall be provided at the
ends of parking bays. Landscaped island should be at least six feet
in width.
(d)
Trees shall be minimally two-inch caliper.
(e)
Parking rows longer than 20 parking spaces shall have a six-foot-wide
landscape island to break the pavement after the 20th space. The landscaped
area shall be six feet wide by 18 feet long to allow for sufficient
landscaping.
(f)
There shall be a minimum ten-foot-wide planted strip along site
frontages on Goffle Road and Wagaraw Road, exclusive of the area necessary
for vehicular access and egress to and from the property.
A.
Permit required.
(1)
No person shall operate an outdoor dining area/sidewalk cafe
as permitted by this section in the Borough of Hawthorne without first
obtaining an outdoor dining/sidewalk cafe permit and satisfying all
of the requirements of this chapter.
(2)
Permits shall allow outdoor dining areas and sidewalk cafes
to operate between April 1 and November 30 and shall be renewed annually.
Applications for outdoor dining shall be submitted by no later than
March 1 for review and approval by the Borough Zoning Officer.
(3)
When not operational, all furniture and umbrellas shall be removed
and stored within the confines of a building for the season.
B.
Each applicant shall submit and file an application with the Borough
Zoning Officer, together with three copies of a development plan (as
described below), and a specified fee. The application shall set forth:
(1)
The name, address and telephone number of the applicant and
property owner, and written authorization of the owner of the property
in question, and the street address and block and lot number of the
property in question;
(2)
A sketch containing a scale drawing clearly illustrating the
number, type of materials, location of the tables, chairs, umbrellas,
planters, awnings, lighting, electrical outlets (if any) or other
furnishings to be located in the outdoor dining area/sidewalk cafe.
The scale drawing shall also illustrate the following:
(a)
The location of any doors leading from the restaurant to the
outdoor dining area/sidewalk cafe. No such door may be obstructed
in any manner;
(b)
The dimension and location of the unobstructed space permitting
passage of pedestrian traffic around or through the outdoor dining
area/sidewalk cafe, clearance between tables and location of food
preparation and service areas;
(c)
An illustration of the enclosure or protective barrier separating
the outdoor dining area/sidewalk cafe from pedestrian or vehicular
movement;
(d)
The location of all fire hydrants, utility poles or other fixtures
permanently located in the outdoor dining area/sidewalk cafe, or on
the sidewalk or other areas within 50 feet of the outdoor dining area/sidewalk
cafe;
(e)
The type and location of any proposed outdoor lighting.
(3)
A statement of the seating capacity of the existing restaurant
and the proposed seating capacity of the outdoor dining area;
(4)
A statement indicating the number of parking spaces serving
the existing restaurant.
C.
Application review procedure.
(1)
The Zoning Officer will review the application for completeness
and compliance with the terms of this section. If the application
is complete, the Zoning Officer will act upon the same within 10 business
days of the submittal of the application or within 10 business days
after the application is declared complete. If the application is
not complete, the Zoning Officer will notify the applicant in writing,
within 10 business days of the submittal of the specific deficiencies
of the application. The Zoning Officer may refer the application to
the construction official, Chiefs of the Bureaus of Police and Fire,
the Health Officer, the municipal engineer and planner for their review
and recommendation, whereupon the time for all of the aforementioned
actions shall be increased to 15 business days.
(2)
If the application complies with this article, the Zoning Officer
shall issue a permit, which shall be valid for one year from the date
of issuance.
(3)
Acceptance of the permit by the applicant shall represent consent
to allow the Departments of Health, Fire, Police, and Building of
the Borough to inspect the outdoor dining area/sidewalk cafe for continued
compliance with the terms, conditions and regulations of this article.
D.
Regulations.
(1)
No permit shall be issued hereunder unless the applicant shall
demonstrate adequate pedestrian movement at all times. A minimum four-foot-wide
area of unobstructed paved surface will be available for pedestrian
movement, including the unimpeded passage of handicapped individuals,
around or through the outdoor dining area or sidewalk cafe.
(2)
No tables, chairs or other equipment shall be attached, chained
or in any manner affixed to any tree, post, sign, curb or sidewalk,
or property of the Borough. All tables and chairs must be constructed
of sufficient weight to not be affected by windy conditions.
(3)
Outdoor music is permitted subject to Chapter 333, Noise. No live band/or performance is permitted after 10:00 p.m. No recorded or DJ music is permitted after 11:00 p.m.
(4)
No outdoor dining shall be open for business prior to 7:00 a.m.
nor remain open for business after business hours and closing of the
restaurant, but in no case later than 11:00 p.m. or, extent of hours
permitted under a valid liquor license, whichever is later.
(5)
The Borough shall not require additional parking for outdoor
dining area/sidewalk cafe seating, provided that the number of seats
in the outdoor dining area or sidewalk cafe does not exceed 50% of
the total number of seats in the eating and drinking establishment.
Outdoor seating in excess of 50% of the total number of seats in the
eating and drinking establishment may be permitted; however, the excess
outdoor seating shall be balanced by a 1:1 reduction in the number
of indoor dining seats. Outdoor dining in excess of the 50% limit
where there is no 1:1 reduction of indoor seating proposed shall be
considered an expansion of the eating and drinking establishment requiring
site plan approval from the Planning Board.
(6)
Each establishment is responsible for keeping the area of the
outdoor dining/sidewalk cafe and adjacent walks and streets free and
clear of any debris or litter occasioned by the facility. Areas must
be cleaned as needed, as well as at the time the business is closed
and at the beginning of each business day.
(7)
The perimeter of the area may be defined and delineated by an
enclosure such as live potted plants, or temporary railings on the
sidewalk, when space is adequate, to define the area and limit the
ability of litter to blow off premises. The enclosure shall define
the outdoor dining area/sidewalk cafe and separate it from the adjacent
sidewalk. The portable barrier shall not exceed five feet in height.
(8)
Awnings and outdoor umbrellas may not be less than seven feet
above the adjacent sidewalk and cannot extend more than one foot beyond
the enclosure, as provided above.
(9)
Any open flame lighting fixture shall be permitted only upon
the approval of the Fire Official.
(10)
No vending machines of any kind are permitted on the exterior
of any building operating an outdoor dining area/sidewalk cafe.
(11)
Tables, chairs and umbrellas shall be uniform and complementary
in color, materials and style. No picnic-style tables are permitted.
The following regulations shall apply in the O-1 Zone:
A.
Permitted uses. In districts zoned O-1 Research and Restricted Offices,
no building or premises shall be used and no building shall be erected
or altered which is arranged, intended or designed to be used except
for one or more of the following uses:
B.
Bulk requirements. Minimum lot area, yard and setback requirements
shall be subject to all restrictions and limitations hereinafter set
forth and contained in the Schedule of Bulk and Coverage Controls.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
C.
Supplemental regulations.
(1)
No use or structure shall be permitted under this section which
results in noise, dust, smoke, fumes, gas, offensive or noxious odors
or other atmospheric effluent being disseminated outside the building.
(2)
Manufactured or commercial explosives shall be kept, maintained
or stored on said premises, except in small quantities for laboratory
research, and then only in compliance with all applicable federal,
state and local safety statutes.
(3)
No animal shall be kept or maintained for laboratory research
unless a written permit is first obtained from the Municipal Council
upon the recommendation of the Board of Health.
The following regulations shall apply in the I-1 Zone:
A.
Permitted use. The following uses shall be permitted in the I-1 Zone:
(1)
Establishments which are engaged in research and development, manufacturing, processing, fabricating, indoor warehousing and storage, provided that no land or building shall be used or occupied for a use which will in any manner create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness; movement of air; electrical or other disturbance; glare; liquid or solid wastes, any of which shall violate the performance standards as set forth in § 540-134.
(2)
Uses permitted in the B-1 and O-1 Zone Districts shall be permitted
in I-1 Industrial Zones; provided, however, that no residential use,
even as allowed by B-1 Zone District regulations, will be permitted.
Outdoor storage of materials shall not be permitted as a principal
or primary use and shall only be permitted as incidental to a permitted
principal or primary use. Outdoor storage of materials may not take
place, even where incidental to a primary use, as a matter of right,
and shall be strictly subject to review, approval, and such conditions
as may be imposed by the reviewing board hearing any application seeking
approval of the same.
B.
Prohibited uses. The following uses are hereby prohibited in the
I-1 Zone:
(1)
In an I-1 Industrial Zone District and except as specifically permitted under § 540-167A, no land or building shall be used or occupied and no building shall be erected, altered or enlarged which is arranged, intended or designed to be used or occupied for any of the following specified trades, businesses or uses:
(a)
Acetylene gas manufacture.
(b)
Ammonia, chlorine or bleaching powder manufacture.
(c)
Animal black, lampblack or bone black manufacture.
(d)
Asphalt manufacture or refining.
(e)
Automobile junkyard.
(f)
Blast furnace.
(g)
Boiler works.
(h)
Brick, pottery, tile or terra cotta manufacture.
(i)
Coke ovens.
(j)
Creosote treatment or manufacture.
(k)
Crematory.
(l)
Disinfectant, insecticide or poison manufacture.
(m)
Distillation of coal, petroleum, refuse, grain, wood or bones,
except in the manufacture of gas.
(n)
Dye manufacture.
(o)
Emery cloth and sandpaper manufacture.
(p)
Explosives manufacture or storage, except small arms ammunition.
(q)
Cork manufacture.
(r)
Fertilizer plant.
(s)
Forge plant.
(t)
Gas storage, in excess of 20,000 cubic feet.
(u)
Glue, size or gelatin manufacture, where the processes include
the refining and recovering of products from fish, animal refuse or
offal.
(v)
Grease, lard, fat or tallow rendering or refining.
(w)
Grain drying or food manufacture from refuse, mash or grain.
(x)
Incineration, reduction, storage or dumping of slaughterhouse
refuse, rancid fats, garbage, dead animals or offal, except by the
municipality or its agents.
(y)
Iron, steel, brass or copper industry.
(z)
Lime, cement or plaster of paris manufacture.
(aa)
Oilcloth or linoleum manufacture.
(bb)
Paint, oil varnish, turpentine, shellac or enamel manufacture.
(cc)
Petroleum refining.
(dd)
Petroleum storage in excess of 10,000 gallons.
(ee)
Power forging, riveting, hammering, punching, clipping, drawing,
rolling or tumbling of iron, steel, brass or copper, except as a necessary
incident of manufacture of which those processes form a minor part
and which are carried on without objectionable noise outside the plant.
(ff)
Printing ink manufacture.
(gg)
Pyroxylin plastic manufacture or the manufacture of articles
therefrom.
(hh)
Raw hides or skins: storage, cleaning, curing or tanning.
(ii)
Rubber or gutta-percha manufacture or treatment.
(jj)
Shoe blackening or stove polish manufacture.
(kk)
Slaughtering of animals.
(ll)
Smelting of iron, copper, tin, zinc or lead from ores.
(mm)
Soap manufacture.
(nn)
Starch, glucose or dextrine manufacture.
(oo)
Steel furnaces, blooming or rolling mill.
(pp)
Stockyards.
(qq)
Structural steel or glue works.
(rr)
Sugar refining.
(ss)
Sulphurous, sulphuric, nitric, picric, carbolic or hydrochloric
acid manufacture.
(tt)
Tar distillation or manufacture.
(uu)
Tar roofing or waterproofing manufacture.
(vv)
Tobacco (chewing) manufacture or treatment.
(ww)
Vinegar manufacture.
(xx)
Wood pulling or scouring.
(yy)
Yeast plant.
(zz)
Any other trade or use that is noxious or offensive by reason
of the emission of odor, dust, smoke, gas or noise, provided that
the manufacture of paint and lacquer which is not noxious or offensive
by reason of the emission of odor, dust, smoke, gas or noise shall
not be limited or restricted in that portion of the industrial zones
known as Block 17, Lot 11, on the Official Tax Map of the Borough
of Hawthorne.
(aaa)
Terminal or terminal facilities or transfer station
or loading or unloading or stopping point for any interstate or intrastate
motor vehicle common carrier or any other common carrier, or any facility
for the handling of any goods, wares or merchandise by any carrier
or for the purpose generally of parking, storing, maintaining or repairing
vehicles used in the transportation of goods, wares or merchandise
for hire, including any warehouse in connection therewith.
(bbb)
Any kind of self-service gasoline station, or
any place where gasoline is dispensed to the public through means
of self-service.
C.
Minimum lot area, yard and setback requirements shall be subject
to all restrictions and limitations hereinafter set forth and contained
in the Schedule of Bulk and Coverage Controls.[1]
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
The following regulations shall apply in the Public Open Space
Zone:
A.
Permitted use. Uses permitted in the Public Open Space Zone shall
include passive and active municipal and county recreational uses.
B.
Prohibited uses. Any use other than passive and active municipal
or county recreational uses.
C.
Minimum lot area, yard and setback requirements. There shall be no
minimum lot area, yard or setback requirements required for this zone.
