Principal permitted uses in the R-2 District
are as set forth in the Schedule of Use, Area and Bulk Regulations
included at the end of this chapter.
A.
Front yards. No accessory structure shall be located
in the front yard of the lot. Where the property line is separated
from the street line by a park, recreation area or similar type use,
the depth of which is at least 40 feet, the front yard setback requirements
may be relaxed, but in no case shall the setback from the lot line
be less than 35 feet.
B.
Interior roads. No structure shall be closer to interior
roads than 30 feet.
C.
Access drives. No structure shall be closer to access
drives than 25 feet.
No dwelling structure shall be situated so as
to face the rear of another dwelling structure within the multiple-family
development, nor shall the rear of a dwelling structure be situated
so as to face the front of adjoining properties whether or not occupied.
No more than 16 dwelling units shall be contained
in any one continuous structure, and there shall be no more than four
dwelling units in any unbroken building line. No structure shall be
longer than 120 feet. A setback of not less than six feet shall be
deemed a satisfactory break in the building line. Where topography
permits, a break in the roofline in lieu of or in addition to the
above-mentioned setback shall be permitted as required by the Planning
Board in reviewing the site plan.
At least 200 square feet per dwelling unit shall
be devoted to recreation areas, not including parking and access drive
areas. The areas set aside for recreation purposes shall provide for
common open spaces and facilities suitable to serve the residents
of the multiple-family development. They may include playgrounds,
areas containing facilities for active recreation, sitting areas and
swimming pools. No such recreation areas shall be located in any front
yard.
Interior roads shall be in accordance with RSIS,
latest issue. Roads and drives shall be so designed as to minimize
hazards to pedestrian and vehicular traffic. Each multiple-family
development, which does not directly abut such road, shall have direct
access, by way of an interior road or roads to any improved municipal
or county road.
The following building limitations and requirements
shall be required of all multiple-dwelling developments:
A.
There shall be no dwelling unit in the basement or
above the second story of any multiple-dwelling structure; however,
this restriction shall not prohibit the use of basements for storage,
game rooms and like purposes.
B.
Not less than 90% of the total number of dwelling
units shall be one-bedroom units or studio apartments except in the
case of mixed developments, i.e., garden apartments and townhouses.
Under no circumstances shall any dwelling unit consist of more than
two bedrooms.
C.
"Townhouse dwelling unit" shall mean one of a series
of single-family dwelling units which may be attached by a common
wall between it and the adjacent units together with individual rear
and front yards designed as an integral part of each unit, and having
been constructed in conformity with an approved site and design plan.
In addition, it shall possess the following characteristics:
(1)
Varied design, architectural modes and setbacks for
the purpose of avoiding developments resembling what have been customarily
referred to as "row houses." The applicant shall be encouraged and
the Planning Board and Shade Tree Commission shall, where practicable,
utilize the use of patios and landscaping to provide for and promote
the individuality of the townhouse dwelling unit.
(2)
Construction on a two-story basis incorporating therein
as many features of separate single-family residences as practicable.
Off-street parking shall be in accordance with
RSIS, latest issue.
A.
Every garage shall have a floor area of not less than
240 square feet, and such garage may be built into the apartment structure
or separately constructed as hereinafter provided.
B.
No garage or other accessory building shall be placed
nearer to a side or rear property line than 10 feet, except that in
the case where apartment developments adjoin each other, garages may
be built back-to-back along the common property line.
C.
Each group of attached garages shall have a joint capacity of not more than 10 automobiles arranged in a row, except that in the case where garage buildings are built back-to-back as permitted in Subsection B above, 20 automobiles may be housed therein. There shall be a minimum distance of 10 feet between garage structures.
D.
Garages and other accessory buildings shall be no
more than one story in height. The architectural design and the materials
used in the construction thereof shall conform to the design and the
building materials used in construction of the multiple-family structures.
No part of any garage or other accessory building shall be used for
living purposes.
A.
Upon site plan review, the Planning Board shall recommend
to the governing body those roads or streets within the proposed development
which should be dedicated to the Township as municipal streets, and
the governing body shall consider the recommendation at a public hearing.
If the governing body decides that the public interest requires that
any such roads or streets become municipal streets, the applicant
shall be required to execute and deliver all instruments required
to effectuate such dedication, including the submission to the Planning
Board of a map complying in all respects to the requirements of the
Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), which map shall be signed
by the appropriate Planning Board officers and filed on record in
the Office of the Clerk of Passaic County prior to the issuance of
any building permits. The governing body shall act on the recommendation
of the Planning Board in this regard no later than the second meeting
after receiving the recommendation, and failure to act within such
time shall be deemed a denial of the recommendation. The dedication
of any street or the acceptance thereof by the appropriate municipal
body pursuant to this subsection, and the resulting division of any
lot, shall in no way bring about a violation of the minimum area,
width and depth requirements or coverage requirements set forth in
the Schedule of Use, Area and Bulk Regulations included at the end
of this chapter.
B.
Any road or portion thereof not so dedicated or not
accepted by the governing body as a municipal street or road, and
all other accessways, parking areas, sidewalks, curbs or other paved
areas, shall be maintained and repaired by the owner, and failure
to maintain the same shall be deemed a violation of this chapter.
The following structural provisions shall be
required of all multiple-dwelling developments:
A.
The exterior finish of each building shall be constructed
of brick or stone veneer, but this requirement may be relaxed by the
Planning Board where aesthetics or other like purposes make such relaxation
desirable.
B.
The roof shall be a hip or gable roof having a minimum
pitch of five feet in 12 feet, or of such other construction as may
be approved by the Planning Board.
A.
No dwelling structure shall be constructed without
a central heating system or systems sufficient to permit each dwelling
unit to be maintained at a temperature of 72° F. when the outside
temperature is between 72° F. and 0° F.; and the temperature
for each dwelling unit shall be regulated by a control or controls
located therein.
B.
Central or individual air-conditioning units shall
be provided so as to permit each dwelling unit to maintain a temperature
of 72° F. when the outside temperature is between 72° F. and
90° F.; and where central systems are employed, the temperature
for each dwelling unit shall be regulated by a control or controls
located therein. Window units are prohibited.
All utilities shall be underground. Water sources
and distribution systems shall be approved by the appropriate Township
authorities as to the adequacy, quality and sufficiency for fire-fighting
purposes. The placement and number of fire hydrants shall be subject
to the approval of the appropriate Township authorities. No certificate
of occupancy shall be issued for any multiple dwelling unless and
until the Township Engineer certifies that as-built drawings, certified
by a licensed professional engineer, showing the precise location
of all underground utilities, manholes, valves, tap-ins and appurtenances
thereto, have been filed in his office. After certification by the
Township Engineer, the as-built drawings shall be permanently filed
with the office of the Secretary of the Planning Board.
Appliances, such as washing machines, shall
be located entirely within a principal structure for the convenience
of tenants only. No outside sign indicating their presence shall be
permitted. The number, type and location of machines shall be as determined
by the Planning Board at the time of site plan approval. No food or
beverage dispensers shall be permitted. No outside area or equipment
shall be provided for the hanging of laundry or the outside airing
of laundry in any manner. Sufficient area and equipment shall be made
available within each building for the laundering and drying of laundry.
The building shall be serviced by cable television,
and each unit shall have cable television connections available. There
shall be no master television antenna or individual exterior UHF-VHF
television or radio antennas permitted; however, nothing in this article
may be deemed to prohibit the use of individual satellite television
antennas not exceeding 18 inches in diameter from being installed
pursuant to federal regulations.
The owner of a multiple-family development shall
maintain in a sanitary condition adequate concealed garbage, including
trash and recycling containers.
A.
Any proposed owner or builder of a multiple-family dwelling development shall, before undertaking any work in connection therewith, file with the Construction Official the required site plan review applications on forms to be supplied by the Secretary of the Planning Board, accompanied by 19 copies each of the proposed site plan meeting the requirements of Article XXIII. The exhibits shall be prepared, signed and sealed by a duly licensed engineer or architect, as the case may be, and shall be distributed by the Secretary of the Planning Board to the following:
B.
In accordance with the time limits in the Municipal Land Use Law, after the first regular meeting of the Planning Board following the proper filing of the application and exhibits as set forth in Subsection A above, the Planning Board shall act thereon by either disapproving or recommending approval thereof to the governing body if the Planning Board finds that the application and exhibits conform to the requirements and standards established by this chapter and otherwise comply with the ordinances of the Township and all applicable laws of the State of New Jersey.
C.
In addition to the foregoing requirements, the Planning
Board shall review the application and exhibits for compliance with
the following standards:
(1)
The requirements of Article XXIII, Site Plan Approval, as established by ordinance of the Township.
(3)
The Planning Board may attach such other conditions
to its recommendation of approval as may reasonably be required for
the protection or advancement of the public health, safety, welfare
and morals of the Township.
D.
When requested by the Planning Board, landscaping
plans shall be subject to review by the Shade Tree Commission, which
Commission shall make recommendations to the Planning Board with respect
to the provision of shade trees[1] along the interior development and pedestrian walks; the
grading, seeding and planting of flowers and shrubs in the open spaces
adjacent to and between buildings, border strips along the roadways,
driveways and walks, treatment of garbage and parking areas; and approaches
to structures and entrance areas.
E.
The Planning Board shall review the design and type
of construction of the proposed building in relation to its district
and immediate neighborhood; and where it shall be deemed that the
design or construction is so similar or dissimilar to adjacent or
neighborhood buildings so as to be incongruous with the character
of surrounding development or seriously detrimental to other properties,
or to involve exceptional risks of public health or safety, site plan
approval should be denied.
G.
The applicant shall provide notification in accordance
with the Municipal Land Use Law by certified or registered mail.
Appeals on actions by the Planning Board shall
be referred to the governing body or other appropriate agency as provided
in the Municipal Land Use Law (N.J.S.A. 40:55D-17).
A.
If, in the judgment of the governing body, the required
landscaping and all other improvements cannot be installed or completed
prior to qualification by the developer for a certificate or certificates
of occupancy, and so long as the public interest will not be impaired,
such building permit or certificate of occupancy may be issued upon
posting of a performance bond with sufficient surety, in an amount
and for a term specified by the appropriate Township authority and
subject to the approval of the Township Attorney, insuring the completion
of the incomplete items.
B.
Upon completion and approval of all on-site and off-site
improvements including, but not being necessarily limited thereto,
utilities, roads, curbing, gutters, sidewalks, paved areas and all
appurtenances, whether or not dedicated and accepted by the Township,
and upon the posting of a maintenance bond or bonds in sufficient
amounts and for a term of not less than two years and subject to the
approval of the Township Attorney and which provide therein for the
proper maintenance, care and repair of such improvements, the performance
bond or bonds shall be released.
The applicant shall pay to the Secretary of the Planning Board all fees for site plan review in accordance with Article XXIII, Site Plan Approval, the Municipal Land Use Law (N.J.S.A. 40:55D-8) and any and all other fees that may be required.[1] In accordance with N.J.S.A. 40:55D-8e of the MLUL, "disabled
persons" within the MLUL definition shall be exempt from fees in accordance
with the provisions in the Act.
Approval of the application hereunder shall
expire one year from the date thereof if building permits have not
been obtained for construction and construction actually commenced.
Said one-year period may be extended for an additional year in the
discretion of the Board, provided application for such extension is
made by the applicant within the said initial one-year period. Nothing
contained herein shall prevent the developer from constructing the
development in not more than two stages, provided that the building
permits are obtained and construction commenced on the first stage
within one year from the date of approval and any extension thereto
and the entire development is completed within three years from the
date thereof, unless extended by the governing body.
If a multiple-family dwelling development comes
into existence, the Construction Official of the Township shall be
the official responsible for securing the enforcement of the applicable
regulations of this chapter, although complaints of violations may
also be made by any other Township official or citizen.
