[Amended 7-17-1979 by Ord. No. 1134; 12-17-1987 by Ord. No. 2038]
A.
Objectives. The provisions of this section are intended
to encourage the planning and construction of multifamily/garden apartment/townhouse
developments within the R-M Zone, and at the same time protect and
promote the health, safety and general welfare of the public and the
Borough of Bergenfield.
B.
Qualifications. In order to qualify for consideration
under the terms of this section, the site for any multifamily/garden
apartment/townhouse development shall be composed of a single parcel
of land, consisting of one or more contiguous lots. The physical condition
of the site, including soil type, groundwater level, drainage, and
topography, shall be such as not to create hazards to the property
or to the occupants, and the site shall not be subject to the possibility
of subsidence or the reasonable probability of flooding or serious
erosion, as determined by the Borough Engineer.
A.
Access to streets. Any multifamily/garden apartment/townhouse
site shall abut or have permanent access to an approved or existing
public street. Private streets within the site of a multifamily/garden
apartment/townhouse development shall be permitted, but shall be protected
by a permanent easement, and shall provide for a safe and suitable
vehicular circulation in the development at all times. Dead ends or
culs-de-sac shall include adequate turning space.
B.
Access to buildings. Convenient access to all buildings
on the multifamily/garden apartment/townhouse development site shall
be provided for emergency equipment and service vehicles. Pedestrian
access to the rear of all buildings fronting on a public street shall
be provided.
A.
Where the review and/or approval of the various elements
or features of the proposed multifamily/garden apartment/townhouse
development is required from any municipal, county or state agency
or official, other than the Planning Board and Zoning Officer, such
approval shall be required for development pursuant to this section.
B.
Where subdivision or resubdivision of lands is required or desired by a developer of the multifamily/garden apartment/townhouse development, in accordance with the provisions of this Chapter 186, the receipt of subdivision approval prior to proceeding under this section of Chapter 186 shall not in any way be construed to imply approval of the proposed multifamily/garden apartment/townhouse development.
When unforeseen conditions are found to exist,
or arise after approval of a multifamily/garden apartment/townhouse
development such as under ground rock formations, unstable foundation
conditions, groundwater table, springs, and the like, which necessitate
precautionary or corrective measures affecting the terms of approval
hereunder, the developer shall notify the Zoning Officer in writing.
Such notifications shall describe the nature of the unforeseen conditions
and the proposed precautionary or corrective measures to be undertaken.
Unless such measures must be undertaken immediately to protect the
public health and safety, the developer shall not proceed with them
until approval is granted by the Zoning Officer or until 45 days from
the date on which written notification was received by the Zoning
Officer, whichever is sooner.
As a minimum all multifamily/garden apartment/townhouse
developments shall comply with the following design requirements and
standards.
A.
Site area. The site area for any multifamily/garden
apartment/townhouse development shall not be less than 20,000 square
feet and shall have a width of a least 200 feet fronting on a public
street. Site area shall be computed to include all land area within
the site to be devoted to residential use or activities, but shall
not include any land which, due to its physical character or location
or use for other purposes, does not relate to the residential use
or activity of the multifamily/garden apartment/townhouse development.
B.
Buildings shall not contain dwelling units in any
space above the second story nor below grade. Buildings shall be designed
so that a minimum break of five feet either forward or backward shall
occur with building segments containing four or fewer dwelling units.
C.
Parking spaces required. The total number of parking
spaces required shall be not less than two times the total number
of dwelling units to be provided. At least 85% of the parking spaces
required shall be made available to the occupants of the developments
without time limit and may be provided in garages, carports and uncovered
parking areas. All occupant parking spaces shall be related to the
dwelling units which they are intended to serve, and be so located
as not to interfere with normal traffic. Where suitable conditions
exist, parking spaces available on the streets, within the site area
may be designated for guest parking but in no case shall street parking
spaces be counted as providing the parking spaces required. All streets,
roads, parking areas and sidewalks shall be constructed in accordance
with Borough specifications.
The following types of dwelling units may be
permitted in a multifamily/garden apartment/townhouse:
A.
Efficiency or studio apartment: a dwelling unit providing
sleeping quarters or facilities in combination with one or more other
living area within the dwelling unit.
B.
One-bedroom apartment: a dwelling unit providing one
separate and enclosed room for sleeping quarters.
C.
Two-bedroom apartment: a dwelling unit providing two
separate and enclosed rooms for sleeping quarters.
D.
Any room designated and capable of use for a living
room, bedroom, dining room, or dining area, kitchen and kitchenette
shall be counted as a room.
Buildings shall be set back at least 35 feet
from the front property line and at least 25 feet from any other property
line or from the curb or any private street within the development
site. The minimum distance between buildings within the multifamily/garden
apartment/townhouse development at their closest point shall not be
less than 25 feet.
The character and appeal of the site shall be
enhanced by retaining and protecting existing trees and other natural
features of the site, and through the addition of new planting materials
for privacy, shade, beauty of buildings and grounds and to screen
objectionable features. Plant materials to be provided shall be in
scale with the compositions of the buildings, the site and its various
uses and surroundings. Plant materials shall be arranged to harmonize
in size, shape, color, texture and winter characteristics with the
buildings and development of the grounds. Plant location and spacing
shall be determined by ultimate mature growth. Plant materials shall
be indigenous to the area or be readily adaptable to the local climate
and soil conditions. Plant materials shall not be excessively weedy
in habit or growth characteristics, nor be unduly subject to noxious
pests or plant diseases. Plant materials shall be included on the
site plan in a planting schedule. The schedule should identify, by
key, the plant common and scientific name, size, mature growth size,
how the plant will be furnished and any special notes for the proper
maintenance of the plantings.
Lighting for walks, steps, parking areas, streets
and other facilities shall be provided at locations to assure the
safe and convenient use of such facilities. Fixtures shall be placed
and designed in keeping with the character of the development and
be adequately shaded to screen the window of dwelling units and adjacent
properties from the direct rays from the light fixtures.
All electric power and telephone lines shall
be installed underground at a depth at such location as will minimize
risk of interruption of service.
A.
All applications for multifamily/garden apartment/townhouse
developments shall be made in triplicate to the Zoning Officer who
shall refer the application, together with all supporting documents,
to the appropriate Board for its review and recommendations.
B.
The appropriate Board shall complete its review and
deliver its recommendations to the Zoning Officer within 45 days after
its next regularly scheduled meeting following receipt of the application
from the Zoning Officer.
C.
The Zoning Officer shall either approve or disapprove
the application within 10 days after the date of receipt of the recommendations
of the appropriate Board or within 10 days after the date on which
such recommendations are required to be made by the appropriate Board,
whichever is sooner.
D.
Any reasons for disapproval shall be stated in writing
and be furnished to the applicant at the time of disapproval. Where
the applicant shall have agreed in writing to extend the time permitted
for approval or disapproval, the Zoning Officer may delay rendering
his decision on the application in accordance with the terms of such
agreement.
E.
Where the action proposed to be taken on the application
by the Zoning Officer is contrary to the recommendations of the appropriate
Board, the matter shall be referred for final decision to the Borough
Council, who shall render such decision within 30 days after the receipt
of such referral by the Borough Clerk.
All application for multifamily/garden apartment/townhouse
developments shall include written and graphic materials necessary
to show compliance with the requirements of this section. As a minimum
the following materials shall be included:
B.
The lot and block number of the parcel(s) to be included
in the development and of all properties within 200 feet in
every direction of the property; North arrow and datum or bench mark
to which elevations are markers, and fences; and all encroachments
or deviations from the description of the parcels in the development
site, or conflicts with the description of adjacent properties.
C.
All easements, rights-of-way, setback lines or special
uses required by deed restrictions, Borough regulations or by right
of agreement, and the location and dimensions of each of the foregoing.
D.
Name and width of streets (paved and total width),
drives, roads, alleys, curbs, bridges, culverts, walks, and other
established features of the development, both on the property and
adjacent thereto for a distance of 200 feet in every direction.
E.
All existing structures and wooded areas within the
property and within 200 feet thereof in every direction.
F.
The location and size or capacity of existing sewers,
manholes and inlets, including those on and adjacent to the site,
showing how these will be utilized or affected by the proposed development.
G.
The location and size or capacity of existing water
and gas mains and the location of fire hydrants, showing how these
will be affected or utilized by the proposed development.
H.
Elevations over the entire site by accurately plotted
contour lines at one-foot intervals, and similar information for abutting
properties where extreme grade conditions or the established natural
drainage patterns of the site affect such abutting properties.
I.
Natural features, such as preservable trees, springs,
watercourses, and rock outcroppings, and available information, such
as soil types and conditions, foundations characteristics, elevation
of groundwater table, and the extent of man-made fill.
J.
Plot plans and drawings of the proposed multifamily/garden
apartment/townhouse development should be prepared, signed and sealed
by a licensed architect or engineer and show the intent of the applicant
with respect to all planned improvements. The following materials
shall be specifically provided:
(1)
Site plans at a scale of not less than one inch to
40 feet showing the location of all buildings and structures, streets,
and roads, sidewalks, and other features of the proposed development.
(2)
Grading and drainage plan at a scale of not less than
one inch to 40 feet.
(3)
Planting at a scale of not less than one inch to 40
feet.
(4)
Floor plans for each building or type of building
to be provided in the development at a scale of not less than 1/8
inch to one foot.
(5)
Building elevations for each building or type of building
to be provided in the development at a scale of not less than 1/8
inch to one foot.
Each application for a multifamily/garden apartment/townhouse
development shall be accompanied by filing fee of $150 in cash or
certified check.
