Exciting enhancements are coming soon to eCode360! Learn more 🡪
Township of Cedar Grove, NJ
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (11) Index Notes (3)
A. 
Permitted principal uses.
(1) 
One-family dwellings.
(2) 
Residential cluster developments in accordance with the provisions of Article IX.
(3) 
Public recreation, open space, and park properties and buildings.
(4) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, each in accordance with N.J.S.A. 40:55D-66.1.
(5) 
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b.
B. 
Permitted accessory uses.
(1) 
Customary accessory structures, buildings and uses, provided that such are incidental to that of the principal building and use, subject to the provisions of § 268-10.
(2) 
Signs as permitted in Article V.
(3) 
Driveways and off-street parking as provided in Article VI.
(4) 
Private tennis courts, subject to the regulations contained in § 268-10.
(5) 
Private swimming pools, subject to the requirements of § 268-10 and Chapter 237.
C. 
Other provisions and requirements.
(1) 
Area and yard requirements as specified in the Schedule of Requirements table (§ 268-5), appended to this chapter. In addition:
(a) 
Maximum percentage of disturbed area coverage: 15.
(2) 
Required off-street parking spaces located on the same lot as the building it is intended to serve pursuant to the requirements of Article VI.
(3) 
Notwithstanding the requirements contained in this schedule, a lot or lots with a crest line shall be subject to the provisions of § 268-11.
A. 
Permitted principal uses.
(1) 
One-family dwellings.
(2) 
Residential cluster developments in accordance with the provisions of Article IX.
(3) 
Public recreation, open space, and park properties and buildings.
(4) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, each in accordance with N.J.S.A. 40:55D-66.1.
(5) 
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b.
B. 
Permitted accessory uses.
(1) 
Customary accessory structures, buildings and uses, provided that such are incidental to that of the principal building and use, subject to the provisions of § 268-10.
(2) 
Signs as permitted in Article V.
(3) 
Driveways and off-street parking as provided in Article VI.
(4) 
Private tennis courts, subject to the regulations contained in § 268-10.
(5) 
Private swimming pools, subject to the requirements of § 268-10 and Chapter 237.
C. 
Other provisions and requirements.
(1) 
Area and yard requirements as specified in the Schedule of Requirements table (§ 268-5), appended to this chapter. In addition:
(a) 
Maximum percentage of disturbed area coverage: 50.
(2) 
The Schedule of Requirements shall not apply to any lot in the R-40 District which had been created prior to the inception of the R-40 District which was rendered substandard in area by the adoption of the R-40 Schedule. In the event the Schedule does not apply to any particular lot the lot shall be regulated pursuant to the R-18 Zone.
(3) 
Required off-street parking spaces located on the same lot as the building it is intended to serve pursuant to the requirements of Article VI.
(4) 
Notwithstanding the requirements contained in this section, a lot or lots with steep slopes and/or a crest line shall be subject to the provisions of § 268-11.
A. 
Permitted principal uses.
(1) 
One-family dwellings.
(2) 
Residential cluster developments in accordance with the provisions of Article IX.
(3) 
Public recreation, open space, and park properties and buildings.
(4) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, each in accordance with N.J.S.A. 40:55D-66.1.
(5) 
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b.
B. 
Permitted accessory uses.
(1) 
Customary accessory structures, buildings and uses, provided that such are incidental to that of the principal building and use, subject to the provisions of § 268-10.
(2) 
Signs as permitted in Article V.
(3) 
Driveways and off-street parking as provided in Article VI.
(4) 
Private tennis courts, subject to the regulations contained in § 268-10.
(5) 
Private swimming pools, subject to the requirements of § 268-10 and Chapter 237.
C. 
Other provisions and requirements.
(1) 
Area and yard requirements as specified in the Schedule of Requirements table (§ 268-5), appended to this chapter. In addition:
(a) 
Maximum percentage of disturbed area coverage: 50.
(2) 
Required off-street parking spaces located on the same lot as the building it is intended to serve pursuant to the requirements of Article VI.
(3) 
Notwithstanding the requirements contained in this section, a lot or lots with steep slopes and/or a crest line shall be subject to the provisions of § 268-11.
A. 
Permitted principal uses.
(1) 
One-family dwellings.
(2) 
Residential cluster developments in accordance with the provisions of Article IX.
(3) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, each in accordance with N.J.S.A. 40:55D-66.1.
(4) 
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b.
(5) 
Public parks and playgrounds.
B. 
Permitted accessory uses.
(1) 
Customary accessory structures, buildings and uses, provided that such are incidental to that of the principal building and use, subject to the provisions of § 268-10.
(2) 
Signs as permitted in Article V.
(3) 
Driveways and off-street parking as provided in Article VI.
(4) 
Private tennis courts, subject to the regulations contained in § 268-10.
(5) 
Private swimming pools, subject to the requirements of § 268-10 and Chapter 237.
C. 
Conditional uses.
(1) 
Houses of worship.
(2) 
Public and private schools.
D. 
Other provisions and requirements.
(1) 
Area and yard requirements as specified in the Schedule of Requirements table (§ 268-5), appended to this chapter.
(2) 
Required off-street parking spaces located on the same lot as the building it is intended to serve pursuant to the requirements of Article VI.
(3) 
Notwithstanding the requirements contained in this section, a lot or lots with steep slopes and/or a crest line shall be subject to the provisions of § 268-11.
A. 
Permitted principal uses.
(1) 
One-family dwellings.
(2) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, each in accordance with N.J.S.A. 40:55D-66.1.
(3) 
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b.
(4) 
Public parks and playgrounds.
(5) 
Governmental buildings and uses; public libraries.
B. 
Permitted accessory uses.
(1) 
Customary accessory structures, buildings and uses, provided that such are incidental to that of the principal building and use, subject to the provisions of § 268-10.
(2) 
Signs as permitted in Article V.
(3) 
Driveways and off-street parking as provided in Article VI.
(4) 
Private tennis courts, subject to the regulations contained in § 268-10.
(5) 
Private swimming pools, subject to the requirements of § 268-10 and Chapter 237.
C. 
Conditional uses.
(1) 
Houses of worship.
(2) 
Public and private schools.
D. 
Other provisions and requirements.
(1) 
Area and yard requirements as specified in the Schedule of Requirements table (§ 268-5), appended to this chapter.
(2) 
Required off-street parking spaces located on the same lot as the building it is intended to serve pursuant to the requirements of Article VI.
A. 
Permitted principal uses.
(1) 
One-family dwellings.
(2) 
Two-family dwellings, subject to the requirements of this section.
(3) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, each in accordance with N.J.S.A. 40:55D-66.1.
(4) 
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b.
(5) 
Public parks and playgrounds.
(6) 
Governmental buildings and uses; public libraries.
B. 
Permitted accessory uses.
(1) 
Customary accessory structures, buildings and uses, provided that such are incidental to that of the principal building and use, subject to the provisions of § 268-10.
(2) 
Signs as permitted in Article V.
(3) 
Driveways and off-street parking as provided in Article VI.
(4) 
Private tennis courts, subject to the regulations contained in § 268-10.
(5) 
Private swimming pools, subject to the requirements of § 268-10 and Chapter 237.
C. 
Conditional uses.
(1) 
Houses of worship.
(2) 
Public and private schools.
D. 
Other provisions and requirements.
(1) 
Area and yard requirements as specified in the Schedule of Requirements table (§ 268-5), appended to this chapter.
(2) 
Required off-street parking spaces located on the same lot as the building it is intended to serve pursuant to the requirements of Article VI.
(3) 
Two-family dwellings are permitted only wherein: the subject property fronts on and has ingress/egress only via Pompton Avenue; the lot contains a minimum area of 20,000 square feet; at least one private garage space is provided for each dwelling unit; and the dwelling and its accessory buildings, accessory structures, and accessory uses comply with all other requirements specified for the R-10 Zone.
A. 
Permitted principal uses.
(1) 
One-family dwellings.
(2) 
Two-family dwellings, subject to the requirements of this section.
(3) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, each in accordance with N.J.S.A. 40:55D-66.1.
(4) 
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b.
(5) 
Public parks and playgrounds.
(6) 
Governmental buildings and uses; public libraries.
B. 
Permitted accessory uses.
(1) 
Customary accessory structures, buildings and uses, provided that such are incidental to that of the principal building and use, subject to the provisions of § 268-10.
(2) 
Signs as permitted in Article V.
(3) 
Driveways and off-street parking as provided in Article VI.
(4) 
Private tennis courts shall be permitted accessory structures, subject to the regulations contained in § 268-10.
(5) 
Private swimming pools, subject to the requirements of § 268-10 and Chapter 237.
C. 
Conditional uses.
(1) 
Houses of worship.
(2) 
Public and private schools.
D. 
Other provisions and requirements.
(1) 
Area and yard requirements as specified in the Schedule of Requirements table (§ 268-5), appended to this chapter.
(2) 
Required off-street parking spaces located on the same lot as the building it is intended to serve pursuant to the requirements of Article VI.
(3) 
Two-family dwellings are permitted only wherein: the subject property fronts on and has ingress/egress only via Pompton Avenue; the lot contains a minimum area of 16,000 square feet; at least one private garage space is provided for each dwelling unit; and the dwelling and its accessory buildings, accessory structures, and accessory uses comply with all other requirements specified for the R-8 Zone.
A. 
Permitted principal uses.
(1) 
Garden apartments.
(2) 
Townhouses and townhouse complexes.
(3) 
Quadriplexes.
(4) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, each in accordance with N.J.S.A. 40:55D-66.1.
B. 
Permitted accessory uses.
(1) 
Customary accessory structures, buildings and uses, provided that such are incidental to that of the principal building and use, subject to the provisions of § 268-10 and applicable requirements of this section.
(2) 
Customary accessory structures for garden apartments, townhouse complexes, and quadriplexes shall include private recreational facilities for the exclusive use of residents, such as swimming pools, tennis courts, and playgrounds, and customary accessory buildings shall include such buildings as clubhouses, storage buildings, or garages, subject to the provisions of § 268-10 and applicable requirements of this section.
(3) 
Signs as permitted in Article V.
(4) 
Driveways and off-street parking as provided in Article VI.
(5) 
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b.
C. 
Other provisions and requirements.
(1) 
Area and yard requirements as specified in the Schedule of Requirements table (§ 268-5), appended to this chapter. In addition:
(a) 
Density shall not exceed 10 dwelling units per acre for garden apartments, nor (6) dwelling units per acre for quadriplexes or townhouses.
(b) 
The minimum distance between permitted multifamily structures shall be 25 feet for side to front, side to back, or side to side separations; 40 feet for front to front, back to back, or front to back separations; and 50 feet for any separation in which an access drive is located between the buildings. The minimum distance between any building and an accessory building shall be 15 feet.
(c) 
No building shall be situated closer than 15 feet to the curbline of an interior access roadway.
(d) 
Not less than 40% of the tract area of a permitted multifamily development shall be dedicated to common open space and recreation facilities for the use of residents of the development. Such space may include required buffers, setback areas, stormwater management facilities, active recreational areas, as well as natural, undeveloped areas, and shall be maintained by the owner or a homeowners' association.
(e) 
Of the tract area dedicated to common open space and recreation facilities, at least 1/2 (or 20% of the tract area) shall consist of natural, undeveloped open space.
(2) 
Required off-street parking spaces pursuant to the requirements of Article VI, and specifically restricted as follows:
(a) 
No parking area shall be located within 25 feet of a property line nor within the front yard.
(b) 
No parking shall be permitted on any access driveway.
(c) 
Dwelling units shall each be provided with a minimum of one garage parking space of at least nine feet by 18 feet.
(3) 
Site plan review required as set forth under Article X.
(4) 
A landscaped buffer shall be required on any side or rear yard adjacent to any property used or zoned residential purposes. The buffer shall be a minimum of 25 feet in width and shall be landscaped via massed evergreen trees and/or shrubs having a minimum height of six feet at the time of planting. Such buffer areas may also be required upon site plan review to have walls and/or fences in order to screen the multifamily use from the single-family zone. No building or other structure, parking area, driveway or storage area shall encroach upon such buffer area.
(5) 
Garden apartments, quadriplexes, and townhouses shall adhere to the following additional limitations and requirements:
(a) 
All buildings and accessory structures shall be designed with a unified architectural theme that is visually compatible with the surrounding area. Said design shall consider such elements as building materials and colors, facade treatments, rooflines, light fixtures, and site amenities such as street furniture. All buildings shall have pitched roofs as an integral component of their design.
(b) 
Limitations on size.
[1] 
No apartment building shall contain more than 20 dwelling units, no townhouse structure shall contain more than six dwelling units, and no quadriplex shall contain more than four dwelling units. There shall be permitted no more than 12 dwelling units in any unbroken building line and a setback of not less than four feet shall be deemed a satisfactory break in the building line.
[2] 
No principal building shall exceed 2 1/2 stories above grade except that a quadriplex shall not exceed 1 1/2 stories above grade.
[3] 
No principal building shall exceed 35 feet in height except that a quadriplex shall not exceed 25 feet in height.
[4] 
No principal building shall exceed 160 feet in length in its longest dimension.
[5] 
No wall of a principal building fronting on a street shall exceed 100 in length.
[6] 
The maximum height of any accessory building shall not exceed 15 feet, except that one accessory building devoted exclusively to use as a clubhouse shall be permitted to consist of a maximum 2 1/2 stories above grade and not more than 35 feet in height.
(c) 
Exposures to provide light and air. All multifamily buildings shall provide not less than two exterior exposures for each family unit, the same properly pierced by windows or other openings so as to provide through ventilation or cross ventilation for the unit.
(d) 
Telephone and electric lines. There shall not be permitted overhead telephone and electric transmission lines traversing a lot. Telephone and electric transmission lines shall be placed at the rear of the lot. Where this is not practical or possible, overhead transmission lines may be place alongside the lot line, and service to a building or group of buildings on a lot from the transmission line shall be by underground conduit.
(e) 
Fire hydrants. Fire hydrants shall be installed in number and location as directed by the Township Engineer acting upon the advice of the Chief of the Township Fire Department and the Office of Fire Prevention, or as required by the New Jersey Residential Site Improvement Standards.
(f) 
Interior roads, access drives, and sidewalks. All road and sidewalk construction shall be pursuant to the New Jersey Residential Site Improvement Standards. A grass area of a minimum width of two feet shall be provided between the sidewalks and interior roads and between the sidewalks and access drives.
(g) 
Recycling. There shall be included in any new multifamily housing development an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials.
[1] 
The recycling area shall be of sufficient size to accommodate bins or containers of adequate size and number consistent with anticipated usage and current collection methods in the area in which the project is located.
[2] 
The recycling area shall be conveniently located for residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster. No recycling area shall be located within a front yard nor shall be situated less than five feet from any side or rear yard property line.
[3] 
The recycling area shall be well lit, and shall be safely and easily accessible to recycling vehicles and personnel.
[4] 
Recycling bins shall be provided with lids or covers, and any outdoor recycling area shall be screened from view by means of a fence or wall enclosure that is compatible with the architectural style of the building. Such fence or wall shall be a maximum of seven feet in height and shall be landscaped as required by the reviewing board.
(h) 
Solid waste. Solid waste collection and storage areas shall be similarly provided for the facility, and may be indoors or outdoors. Outdoor areas shall be enclosed by a maximum seven foot high fence or wall enclosure compatible with the architectural style of the building, and landscaped as required by the reviewing board.
(i) 
Lighting. Exterior lighting in accordance with § 268-7, with the exception that the maximum height of a fixture shall not exceed 20 feet or the height of the soffit line of the principal building, whichever is the lesser, measured from the ground level to the top of the light source.
(j) 
Landscaping. The overall site design shall include a comprehensive landscaping plan providing a variety of trees, shrubs, and ground cover(s) designed to shade parking and recreation areas, reduce stormwater runoff and soil erosion, offer visual screening of trash/recycling areas and utility installations, accent and complement buildings, and soften the lines of paved roadways on the interior and exterior of the site. The preservation of existing natural features such as rock outcroppings, woodlands, and topographic elements shall be an integral part of the site planning process, and at its discretion, the reviewing board may waive additional screening requirements where such features are present within a required buffer area.
A. 
Permitted principal uses.
(1) 
Long-term care facilities such as nursing homes.
(2) 
Planned retirement communities in accordance with the provisions of Article IX.
(3) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, each in accordance with N.J.S.A. 40:55D-66.1.
B. 
Permitted accessory uses.
(1) 
Customary accessory structures, buildings and uses, provided that such are incidental to that of the principal building and use, subject to the provisions of § 268-10 and applicable requirements of this section.
(2) 
Permitted accessory uses to long-term care facilities shall include recreational, social, and general support facilities for the use of residents and their guests, such as kitchens and dining areas, community rooms, chapels, gift shops, beauty salons, barbershops, game and television rooms, physical therapy units, fitness centers and outdoor amenities such as walking trails.
(3) 
Signs as permitted in Article V.
(4) 
Driveways and off-street parking as provided in Article VI.
(5) 
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b.
C. 
Conditional uses.
(1) 
Hospitals or eleemosynary institutions as specified in Article VIII.
D. 
Other provisions and requirements. The provisions of this subsection apply to all development within the SL/C Zone except for planned retirement communities, which are subject to the requirements of Article IX.
(1) 
Area and yard requirements as specified in the Schedule of Requirements table (§ 268-5), appended to this chapter. In addition:
(a) 
Density shall not exceed 12 dwelling units per acre for long-term care facilities.
(b) 
A minimum of 25% of the gross tract area of a permitted residential facility, exclusive of required setback and/or buffer areas, shall be devoted to common open space for use by residents of the development and shall be maintained by the owner.
(2) 
Building separations and size limitations.
(a) 
The minimum distance between buildings shall be 25 feet for side to front, side to back, or side to side separations; 40 feet for front to front, back to back, or front to back separations; and 50 feet for any separation in which an access drive is located between the buildings. The minimum distance between any building and an accessory building shall be 15 feet.
(b) 
No principal building shall exceed 160 feet in length in its longest dimension.
(c) 
No wall of a principal building fronting on a street shall exceed 100 in length.
(3) 
Required off-street parking spaces and loading zones pursuant to Article VI, and specifically restricted as follows:
(a) 
No parking area shall be located within 25 feet of a property line nor within the front yard.
(b) 
No parking shall be permitted on any access driveway.
(c) 
No outdoor parking or storage of recreational vehicles, boats, or travel trailers shall be permitted.
(4) 
Telephone and electric lines. There shall not be permitted overhead telephone and electric transmission lines traversing a lot. Telephone and electric transmission lines shall be placed at the rear of the lot. Where this is not practical or possible, overhead transmission lines may be place alongside the lot line, and service to a building or group of buildings on a lot from the transmission line shall be by underground conduit.
(5) 
Fire hydrants. Fire hydrants shall be installed in number and location as directed by the Township Engineer acting upon the advice of the Chief of the Township Fire Department and the Office of Fire Prevention, or as required by the New Jersey Residential Site Improvement Standards.
(6) 
Interior roads, access drives, and sidewalks. All road and sidewalk construction shall be pursuant to the New Jersey Residential Site Improvement Standards. A grass area of a minimum width of two feet shall be provided between the sidewalks and interior roads and between the sidewalks and access drives. Street trees shall be provided along interior roadways consisting of deciduous trees, having at the time of planting, a minimum caliper of two to 2 1/2 inches, as measured at four to 4 1/2 feet above the ground. Placement of trees in relation to street curbing, sidewalks, and/or right-of-way lines shall be subject to the review of the Township Engineer and approval by the Planning Board at the time of an application.
(7) 
Site plan review required as set forth under Article X.
(8) 
Architectural design. All buildings and structures shall be designed with a unified architectural theme that is visually compatible with the surrounding area. Said design shall consider such elements as building materials and colors, facade treatments, rooflines, light fixtures, and site amenities such as street furniture. All buildings shall have pitched roofs as an integral component of their design.
(9) 
Lighting. Exterior lighting in accordance with § 268-7, with the exception that the maximum height of a fixture shall not exceed 20 feet or the height of the soffit line of the principal building, whichever is the lesser, measured from the ground level to the top of the light source.
(10) 
Landscaping. The overall site design shall include a comprehensive landscaping plan providing a variety of trees, shrubs, and ground cover(s) designed to shade parking and recreation areas, reduce stormwater runoff and soil erosion, offer visual screening of trash/recycling areas and utility installations, accent and complement buildings, and soften the lines of paved roadways on the interior and exterior of the site. The preservation of existing natural features such as rock outcroppings, woodlands, and topographic elements shall be an integral part of the site planning process, and at its discretion, the reviewing board may waive additional screening requirements where such features are present within a required buffer area.
(11) 
Buffering. A landscaped buffer shall be required on any side or rear yard adjacent to a property used or zoned for residential purposes. The buffer shall be a minimum of 25 feet in width and shall be landscaped via massed evergreen trees and/or shrubs having a minimum height of six feet at the time of planting. Such buffer areas may also be required upon site plan review to have walls and/or fences in order to screen the use from the single-family zone. No building or other structure, parking area, driveway or storage area shall encroach upon such buffer area.
(12) 
Recycling and solid waste collection and storage areas shall be provided for the facility, which may be indoors or outdoors. Outdoor areas shall be screened from view by a fence or wall enclosure that is compatible with the architectural style of the building. Such fence or wall shall be a maximum of seven feet in height and shall be landscaped as required by the reviewing board.
A. 
Permitted principal uses.
(1) 
Business and professional offices, including medical offices, banks and other fiduciary institutions.
(2) 
Business and professional office parks consisting of one or more office buildings.
(3) 
Child-care centers as regulated in N.J.S.A. 40:55D-66.6.
B. 
Permitted accessory uses.
(1) 
Customary accessory structures, buildings and uses, provided that such are incidental to that of the principal building and use, subject to the provisions of § 268-10.
(2) 
Signs as permitted in Article V.
(3) 
Driveways and off-street parking and loading as required in Article VI.
(4) 
Sales and storage of cut evergreens on a temporary basis in accordance with Chapter 116 of the Code of the Township of Cedar Grove.
(5) 
Child-care centers as regulated in N.J.S.A. 40:55D-66.6.
C. 
Conditional uses.
(1) 
Wireless telecommunications antennas on existing structures as specified in Article VIII.
D. 
Other provisions and requirements.
(1) 
Area and yard requirements as specified in the Schedule of Requirements table (§ 268-5), appended to this chapter. In addition:
(a) 
The minimum distance between principal buildings in an office park shall be 35 feet and 50 feet for any separation in which an access drive is located between the buildings.
(b) 
A minimum of 20% of the gross area of an office park development, exclusive of required setback and/or buffer areas, shall be devoted to common open space which shall be maintained by the owner or owner's association.
(2) 
Site plan review required as set forth under Article X.
(3) 
Required off-street parking spaces and loading zones pursuant to Article VI, and specifically restricted as follows:
(a) 
No parking area shall be located within 15 feet of any side lot line.
(b) 
No parking area shall be located within 10 feet of any rear lot line.
(4) 
The following additional restrictions shall apply to office parks:
(a) 
All buildings shall be designed with a unified architectural theme that is visually compatible with the surrounding area. Said design shall consider such elements as building materials and colors, facade treatments, rooflines, light fixtures, and site amenities such as street furniture.
(b) 
Interior roadways shall be a minimum of 15 feet in width for one-way traffic, and a minimum of 20 feet but not more than 30 feet, for two-way traffic. A grass area of a minimum width of two feet shall be provided between the sidewalks and interior roads and between sidewalks and access drives.
(c) 
Telephone and electric lines. There shall not be permitted overhead telephone and electric transmission lines traversing a lot. Telephone and electric transmission lines shall be placed at the rear of the lot. Where this is not practical or possible, overhead transmission lines may be place alongside the lot line, and service to a building or group of buildings on a lot from the transmission line shall be by underground conduit.
(d) 
Fire hydrants. Fire hydrants shall be installed in number and location as directed by the Township Engineer acting upon the advice of the Chief of the Township Fire Department and the Office of Fire Prevention.
(5) 
Landscaping. The overall site design shall include a comprehensive landscaping plan providing a variety of trees, shrubs, and ground cover(s) designed to shade parking and recreation areas, reduce stormwater runoff and soil erosion, offer visual screening of trash/recycling areas and utility installations, accent and complement buildings, and soften the lines of paved roadways on the interior and exterior of the site. The preservation of existing natural features such as rock outcroppings, woodlands, and topographic elements shall be an integral part of the site planning process, and at its discretion, the reviewing board may waive additional screening requirements where such features are present within a required buffer area.
(6) 
Recycling and solid waste collection and storage areas shall be provided, which may be indoors or outdoors. Outdoor areas shall be screened from view by a fence or wall enclosure that is compatible with the architectural style of the building(s). Such fence or wall shall be a maximum of seven feet in height and shall be landscaped as required by the reviewing board.
(7) 
Where the boundary line setting aside property for office use abuts a property line setting aside property for residential use, regardless of an intervening street or highway, no principal building, accessory building or accessory use, including parking space, shall be located nearer than 35 feet to said boundary line. Within said thirty-five-foot strip there shall be maintained a belt of landscaping consisting of massed evergreen trees and shrubs sufficient to provide a complete year-round visual screen of at least four feet in height in the front yard and six feet in height in all other yards, as well as such fences or walls as the reviewing board may require. No building or structure shall encroach upon such buffer area.
(8) 
Where a child-care center is provided as an accessory use on the same lot as any other use permitted in the O Zone, the floor area it occupies in any principal or accessory building shall be excluded in calculating either the required number of total on-site parking spaces, or the applicable floor/lot ratio. Parking spaces shall be provided in accordance with the provisions of this chapter and shall be in addition to those required for any other use(s) on the same lot.
A. 
Permitted principal uses.
(1) 
Retail sales stores, shops, and markets, such as, but not limited to the following: grocery stores, drug stores, delicatessens, specialty food markets, liquor stores, hardware stores, clothing shops, shoe stores, sporting goods stores, antique and/or gift shops, consignment stores, pet stores, bookstores, art galleries, office supply stores, bakeries, restaurants and cafes.
[Amended 4-21-2003 by Ord. No. 03-589]
(2) 
Retail service establishments such as, but not limited to the following: florists, dry cleaners, laundromats, shoe repair shops, barbershops, beauty salons, jewelers, watchmakers, pet grooming shops, electronics repair shops, small appliance repair shops, interior decorators and drapers, furniture upholsterers, and caterers, and personal fitness studios for such activities as dance, martial arts, and exercise.
[Amended 4-21-2003 by Ord. No. 03-589]
(3) 
Shopping centers providing a combination of retail sales and/or retail service establishments.
(4) 
Business and professional offices, including medical offices, banks and other fiduciary institutions.
(5) 
Business and professional offices above the first floor where the first floor contains another principal use permitted in this section except one-family detached dwellings.
[Amended 4-21-2003 by Ord. No. 03-589]
(6) 
Apartments above the first floor only, where the first floor contains another principal use permitted in this section (except one-family detached dwellings), subject to the limitations and requirements of this section.
[Amended 4-21-2003 by Ord. No. 03-589]
(7) 
Museums and libraries.
(8) 
Theaters, exclusive of outdoor drive-in theaters.
(9) 
Funeral homes or mortuaries, exclusive of crematoriums.
(10) 
Child-care centers as regulated in N.J.S.A. 40:55D-66.6.
(11) 
One-family detached dwellings lawfully existing at the time of adoption of this provision.
[Added 4-21-2003 by Ord. No. 03-589]
B. 
Permitted accessory uses.
(1) 
Accessory structures, buildings and uses customarily accessory and incidental to any of the permitted uses and located on the same lot with them, subject to the provisions of § 268-10.
(2) 
Outdoor display of merchandise as provided in § 268-10.
(3) 
Signs as permitted in Article V.
(4) 
Driveways and off-street parking and loading as required in Article VI.
(5) 
Sales and storage of cut evergreens on a temporary basis in accordance with Chapter 116 of the Code of the Township of Cedar Grove.
(6) 
As an accessory to a bank or pharmacy only, a drive-through facility. In the case of a pharmacy, such drive-through shall be permitted only for purposes of dispensing prescriptions.
[Added 4-21-2003 by Ord. No. 03-589]
C. 
Conditional uses.
(1) 
Motor vehicle service stations as specified in Article VIII.
D. 
Other provisions and requirements.
(1) 
Area and yard requirements as specified in the Schedule of Requirements table (§ 268-5), appended to this chapter. In addition:
[Amended 4-21-2003 by Ord. No. 03-589]
(a) 
Principal building side yard setback minimum: 10 feet when adjacent to any residential zone.
(b) 
The front yard setback requirement for the principal building shall be eight feet, neither more nor less. Principal buildings lawfully existing prior to adoption of this provision which do not conform to this standard shall be exempt from this requirement unless an expansion is proposed that would increase the length of the front elevation by 50% or more. Such exempt principal buildings shall be subject to a minimum front yard setback requirement of 10 feet and a maximum equal to the average of the front yard setbacks of the two nearest principal buildings fronting on the same street.
(c) 
The entirety of the eight-foot required front yard area shall be improved to contain a pedestrian sidewalk which shall be constructed in conformance with Township standards and specifications for Central Business District sidewalk improvements. It is the purpose of this subsection not only to enhance the ambiance of the B District and provide ample pedestrian facilities, but to encourage pedestrian traffic by creating outdoor areas for use of retailers and other businesses for such permitted uses as outdoor cafes, temporary display of merchandise, and placement of decorative planters and benches. For purposes of lot coverage calculations, the surface area devoted to front yard pedestrian sidewalks shall be deducted from the total coverage area, however such deduction shall not exceed an area equal to 5% of the lot.
(d) 
In the case of street side building entrances other than that facing on the front yard, clearly designated pedestrian walkways shall be provided linking to public sidewalks, where same exist. Such pedestrian walkways shall be constructed in conformance with Township standards and specifications for Central Business District sidewalk improvements.
(2) 
Apartments shall be permitted above a first floor establishment only in accordance with the following provisions:
(a) 
No such apartment shall be permitted above a laundromat or dry cleaning establishment wherein dry-cleaning is conducted on the premises, and no usable space below the second-floor apartment shall be converted to such use after an apartment has been created above it.
(b) 
Exterior decks, terraces, or balconies intended for the use of apartment occupants shall be restricted to the rear side of any building containing second-floor apartments and in the case of a corner lot, shall be screened from view of the adjoining public street.
(3) 
Required off-street parking spaces and loading zones pursuant to Article VI, with the following exception and modifications:
[Amended 4-21-2003 by Ord. No. 03-589]
(a) 
All parking space required for uses permitted in the B Zone, with the exception of that required for second-floor apartments, may be located on a noncontiguous lot within 1,500 feet of the premises of the building it is intended to serve, but only if it is determined by the reviewing board that it is impractical to provide the required parking spaces on the same lot with the building they are intended to serve. The total number of parking spaces so provided shall not be less than the sum of that required for each of the individual users of the facility. Safe, unencumbered pedestrian access shall be provided between any off-site parking facility and the building it is intended to serve.
(b) 
The collective provision of off-street parking facilities by two or more nonresidential buildings or uses located on adjacent lots is permitted, provided that the total of such off-street parking facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the standards set forth in this chapter unless a reduction is approved by the Board pursuant to Article VI, and further provided that the land is owned or leased by one or all of the collective users, and permanent cross easements are established in a form acceptable to the Township.
(c) 
Any off-street parking area shall be located to the rear and/or side of a principal building. Off-street parking is prohibited from the following locations:
[1] 
That portion of the front yard that is located between a principal building and a street or sidewalk.
[2] 
Any portion of the required eight-foot front yard setback area, for the full width of a lot.
(d) 
Where any portion of an off-street parking area lies adjacent to a public street or to the front yard sidewalk area required by Subsection D(1) above, a landscape strip having a minimum width of four feet shall be provided between the parking area and the street or sidewalk. The intent of such landscaping is not to completely conceal the parking area from view, but to retain the attractiveness of the streetscape, provide visual continuity by aligning trees with the front facade line of adjacent principal buildings, provide shade, enhance stormwater absorption, reduce heat reflection, and buffer pedestrians from on-site vehicular traffic. Said landscape strip shall consist of a combination of shrubbery having a height of two to 2 1/2 feet, including evergreen varieties, and deciduous trees suited to street conditions. Such trees shall have a minimum caliper of two to 2 1/2 inches, shall be spaced at a minimum distance of 30 feet on center, and shall be elevated to a minimum height of six feet. Open rail fencing of a maximum four-foot height and specimen plantings, such as ornamental grasses that may exceed the height of the majority of the landscape shrubbery, are permitted and encouraged within the landscape strip, however, any such installation shall not encroach upon a required sight triangle or other line of sight necessary for vehicular movements.
(4) 
Site plan review as specified in Article X.
(5) 
Landscaping. The overall site design shall include a comprehensive landscaping plan providing a variety of trees, shrubs, and ground cover(s) designed to shade parking and recreation areas, reduce stormwater runoff and soil erosion, offer visual screening of trash/recycling areas and utility installations, accent and complement buildings, and soften the lines of paved drives and roadways on the interior and exterior of the site. The preservation of existing natural features such as rock outcroppings, woodlands, and topographic elements shall be an integral part of the site planning process, and at its discretion, the reviewing board may waive additional screening requirements where such features are present within a required buffer area.
(6) 
A landscaped buffer shall be required on any side or rear yard adjacent to a residential zone. The buffer shall be equal in width to the respective side yard requirement of the adjacent residential zone and shall be landscaped via massed evergreen trees and/or shrubs having a minimum height of six feet at the time of planting. Such buffer areas may also be required upon site plan review to have walls and/or fences in order to screen such business use from the residential zone. No building or other structure, parking area, driveway or storage area shall encroach upon such buffer area.
(7) 
Recycling and solid waste collection and storage areas shall be provided, which may be indoors or outdoors. Outdoor areas shall be screened from view by a fence or wall enclosure that is compatible with the architectural style of the building(s). Such fence or wall shall be a maximum of seven feet in height and shall be landscaped as required by the reviewing board.
(8) 
Architecture and building orientation.
[Added 4-21-2003 by Ord. No. 03-589]
(a) 
Architectural design of all principal and accessory buildings shall reflect the nature of the B Retail Shopping District by incorporation of pedestrian-oriented features such as canopies, awnings, roof overhangs, covered porches and entryways with columns and/or railings, recessed entries, display windows, and interior courtyards. Such features shall apply to facades facing on both the public street and any on-site parking area. Any building containing multiple units or storefronts shall be designed with an integrated front facade, such that materials, textures, and colors are consistent from one unit to the next.
(b) 
Each story of any principal building facade that either faces on a public street or contains access from an on-site parking area shall be provided with windows in such number, configuration and design as to complement the architectural style and exterior finish of the building. In the case of a corner lot, this provision shall apply, at minimum, to the facade of principal building orientation, while the other street front facade may, at the discretion of the reviewing board, be finished with architectural features designed to provide the appearance of windows, or faux windows. In no case shall windows contain reflective or mirrored glass. Any window security grates, bars, or other such devices shall be installed on the interior of a building only, and shall be designed for use only during nonbusiness hours.
(c) 
Principal buildings shall be oriented with their longest dimension facing toward the public street on which the lot has frontage. In the case of a corner lot, orientation shall be toward the street of highest order. In the case of a corner lot fronting on streets of equivalent order, principal building orientation shall be approved by the reviewing board upon showing by the applicant that the proposed orientation is most compatible with the uses, lot configurations, and principal building orientations of surrounding properties inclusive of those at all other corners of the street intersection. In the case of a lot having insufficient width to accommodate the longest dimension of a building, the board shall approve an alternate orientation only provided that the width of the building along the street frontage has been maximized and that the building otherwise conforms to the requirements of this subsection.
(d) 
Principal buildings shall be provided with first-floor pedestrian entrances that face on and are accessible from the public street toward which they are oriented.
(e) 
Principal buildings shall be provided with parking-level pedestrian entrances facing on and accessible from any on-site parking lot. Clearly designated pedestrian access marked by textured pavement or other surfacing material/finish satisfactory to the reviewing board shall be provided between the parking area and the building(s) it is intended to serve.
(9) 
The preceding provisions and requirements of Subsection D shall not apply in the case of existing one-family detached dwellings. Such dwellings shall be regulated in all respects under the provisions set forth for the R-8 Residential Zoning District.
[Added 4-21-2003 by Ord. No. 03-589]
A. 
Permitted principal uses.
(1) 
Retail sales stores, shops, and markets, such as, but not limited to the following: grocery stores, drug stores, delicatessens, specialty food markets, liquor stores, hardware stores, clothing shops, shoe stores, sporting goods stores, antique and/or gift shops, consignment stores, pet stores, bookstores, art galleries, office supply stores, bakeries, restaurants and cafes.
[Amended 4-21-2003 by Ord. No. 03-589]
(2) 
Retail service establishments such as, but not limited to the following: florists, dry cleaners, laundromats, shoe repair shops, barbershops, beauty salons, jewelers, watchmakers, pet grooming shops, electronics repair shops, small appliance repair shops, interior decorators and drapers, furniture upholsterers, and caterers, and personal fitness studios for such activities as dance, martial arts, and exercise.
[Amended 4-21-2003 by Ord. No. 03-589]
(3) 
Business and professional offices, including medical offices, banks and other fiduciary institutions.
(4) 
Business and professional offices above the first floor, where the first floor contains another principal use permitted in this section.
(5) 
Shopping centers providing a combination of retail sales and/or retail service establishments.
(6) 
Funeral homes or mortuaries, exclusive of crematoriums.
(7) 
Medical clinics.
(8) 
Nursery and commercial greenhouses.
(9) 
Commercial schools, including schools of dance, music, art, and computer programming, but excluding trade schools.
(10) 
Bowling alleys, indoor tennis courts, commercial gymnasiums and other indoor sporting or recreational activities, provided that the structures they occupy are reasonably soundproof.
(11) 
Theaters and moving picture theaters, except outdoor drive-in theaters.
(12) 
Animal hospitals or clinics, but not including animal kennels, provided that the treatment and keeping of animals is entirely within an air-conditioned and soundproof building and that no point on said building is nearer than 200 feet to a dwelling use as of the date of application.
(13) 
Child-care centers as regulated in N.J.S.A. 40:55D-66.6.
B. 
Permitted accessory uses.
(1) 
Customary accessory structures, buildings and uses, provided that such are incidental to that of the principal building and use, subject to the provisions of § 268-10.
(2) 
Outdoor display of merchandise as provided in § 268-10.
(3) 
Signs as permitted in Article V.
(4) 
Driveways and off-street parking and loading as required in Article VI.
(5) 
Sales and storage of cut evergreens on a temporary basis in accordance with Chapter 116 of the Code of the Township of Cedar Grove.
(6) 
A florist shop may be permitted as an accessory use with a nursery or commercial greenhouse.
(7) 
Where offices comprise the principal use, child-care centers as regulated in N.J.S.A. 40:55D-66.6.
(8) 
As an accessory to a bank or pharmacy only, a drive-through facility. In the case of a pharmacy, such drive-through shall be permitted only for purposes of dispensing prescriptions.
[Added 4-21-2003 by Ord. No. 03-589]
C. 
Conditional uses.
(1) 
Wireless telecommunications antennas on existing structures as specified in Article VIII.
(2) 
Public garages and motor vehicle service stations as specified in Article VIII.
(3) 
Hospitals or eleemosynary institutions as specified in Article VIII.
(4) 
Houses of worship as specified in Article VIII.
D. 
Other provisions and requirements.
(1) 
Area and yard requirements as specified in the Schedule of Requirements table (§ 268-5), appended to this chapter. In addition:
(a) 
Principal building side yard setback requirement: 25 feet where adjacent to any residential zone.
(b) 
Principal building rear yard setback requirement: 25 feet where adjacent to any residential zone.
(2) 
Required off-street parking spaces and loading zones pursuant to Article VI, with the following exception:
(a) 
All parking space required for business may be located on a noncontiguous lot within 1,500 feet of the premises of the building it is intended to serve, but only if it is determined by the reviewing board that it is impractical to provide the required parking spaces on the same lot with the building they are intended to serve. The total number of parking spaces so provided shall not be less than the sum of that required for each of the individual users of the off-site facility. Safe, unencumbered pedestrian access shall be provided between any off-site parking facility and the building it is intended to serve.
(b) 
The collective provision of off-street parking facilities by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such off-street parking facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the standards set forth in this chapter unless a reduction is approved by the Board pursuant to Article VI, and further provided that the land is owned or leased by one or all of the collective users, and permanent cross easements are established in a form acceptable to the Township.
(3) 
Site plan review as specified in Article X.
(4) 
Site landscaping. The overall site design shall include a comprehensive landscaping plan providing a variety of trees, shrubs, and ground cover(s) designed to retain the attractiveness of the affected streetscape, shade parking, pedestrian, and recreation areas, reduce storm water runoff and soil erosion, offer visual screening of trash/recycling areas and utility installations, accent and complement buildings, buffer the public street right-of-way from on-site vehicular traffic, and soften the lines of paved roadways on both the interior and exterior of the site. The preservation of existing natural features such as rock outcroppings, woodlands, and topographic elements shall be an integral part of the site planning process, and at its discretion, the reviewing board may waive additional screening requirements where such features are present within a required buffer area.
[Amended 4-21-2003 by Ord. No. 03-589]
(5) 
A landscaped buffer shall be required on any side or rear yard adjacent to a residential zone. The buffer shall be equal in width to the respective side and rear yard requirements of such adjacent residential zone, but in no event less than 25 feet. Such buffer area shall be landscaped via massed evergreen trees and/or shrubs having a minimum height of six feet at the time of planting and may also be required upon site plan review to have walls and/or fences in order to screen such business use from the residential zone. No building or other structure, parking area, driveway or storage area shall encroach upon such buffer area.
(6) 
Recycling and solid waste collection and storage areas shall be provided, which may be indoors or outdoors. Outdoor areas shall be screened from view by a fence or wall enclosure that is compatible with the architectural style of the building(s). Such fence or wall shall be a maximum of seven feet in height and shall be landscaped as required by the reviewing board.
(7) 
Where a child-care center is provided as an accessory use, the floor area it occupies in any principal or accessory building shall be excluded in calculating either the required number of total on-site parking spaces, or the applicable floor/lot ratio. Parking spaces shall be provided in accordance with the provisions of this chapter and shall be in addition to those required for any other use(s) on the same lot.
(8) 
Architecture and building orientation.
[Added 4-21-2003 by Ord. No. 03-589]
(a) 
Architectural design of all principal and accessory buildings shall reflect the nature of the RC Restricted Commercial District by incorporation of pedestrian-oriented features such as canopies, awnings, roof overhangs, covered porches and entryways with columns and/or railings, recessed entries, display windows, and interior courtyards. Such features shall apply to facades facing on both the public street and any on-site parking area. Any building containing multiple units or storefronts shall be designed with an integrated front facade, such that materials, textures, and colors are consistent from one unit to the next.
(b) 
Each story of any principal building facade that either faces on a public street or contains access from an on-site parking area shall be provided with windows in such number, configuration and design as to complement the architectural style and exterior finish of the building. In the case of a corner lot, this provision shall apply, at minimum, to the facade of principal building orientation, while the other street front facade may, at the discretion of the reviewing board, be finished with architectural features designed to provide the appearance of windows, or faux windows. In no case shall windows contain reflective or mirrored glass. Any window security grates, bars, or other such devices shall be installed on the interior of a building only, and shall be designed for use only during nonbusiness hours.
(c) 
Principal buildings shall be oriented with their longest dimension facing toward the public street on which the lot has frontage. In the case of a corner lot, orientation shall be toward the street of highest order. In the case of a corner lot fronting on streets of equivalent order, principal building orientation shall be approved by the reviewing board upon showing by the applicant that the proposed orientation is most compatible with the uses, lot configurations, and principal building orientations of surrounding properties inclusive of those at all other corners of the street intersection. In the case of a lot having insufficient width to accommodate the longest dimension of a building, the board shall approve an alternate orientation only provided that the width of the building along the street frontage has been maximized and that the building otherwise conforms to the requirements of this subsection.
(d) 
Principal buildings shall be provided with first-floor pedestrian entrances that face on and are accessible from the public street on which the lot has frontage. Pedestrian sidewalks constructed in accordance with Township Central Business District standards shall be provided linking the principal building with existing sidewalks in the public street right-of-way.
(e) 
Principal buildings shall be provided with parking-level pedestrian entrances facing on and accessible from any on-site parking lot. Clearly designated pedestrian access marked by textured pavement or other surfacing material/finish satisfactory to the reviewing board shall be provided between the parking area and the building(s) it is intended to serve.
(9) 
Front yard landscaping. With the exception only of those portions dedicated to access driveway and/or sidewalk crossings from the public street, or to other permitted structures such as signs, the entirety of the required front yard setback area across the full width of any lot shall be dedicated to establishment of lawn and landscape areas. No parking area of any kind is permitted in the required front yard (see Article VI).
[Added 4-21-2003 by Ord. No. 03-589]
(a) 
Such landscaping shall include planting of street trees which shall consist of deciduous shade trees (with preference given to native species such as pin oak, red oak, American sycamore, American beech, red maple, sugar maple, honeylocust, and American ash) having a minimum caliper of 2 1/2 to three inches, spaced at a minimum distance of 40 feet on center, and elevated to a minimum height of six feet.
(b) 
Front yard landscaping shall be supplemented with clustered plantings of shrubs, including evergreen varieties, groundcovers, and, if desired, ornamental grasses, perennials and/or bulbs. Landscape plans shall include accent trees for seasonal interest such as American dogwood, carolina silverbell, or eastern redbud, and where space allows, evergreen trees for year-round color. Landscaping shall include front yard foundation plantings adjacent to principal buildings, front yard buffer plantings adjacent to the edge of any on-site parking area, and accent plantings adjacent to driveways, walkways, and/or any freestanding signs located in the required front yard.
A. 
Permitted principal uses.
(1) 
Business and professional offices.
(2) 
Warehouses.
(3) 
Lumberyards.
(4) 
Building and storage yard uses for general building contractors and specialty trade contractors, including plumbing, heating and air conditioning contractors; painters; electricians; carpenters; roofers; landscapers; stoneworkers and similar contractors.
(5) 
The manufacturing, packing, processing, treatment or design of food, personal care, textile, pharmaceutical, apparel, furniture, paper, instruments, transportation equipment parts, and similar products, supplies and services.
(6) 
The manufacturing, packing, processing, treatment or design of metal products, tools and industrial and commercial machinery, equipment and parts.
(7) 
Research laboratories, testing, experimental and computation centers.
(8) 
The manufacturing, processing, servicing and design of computers and related parts and instruments, office equipment, electrical appliances, domestic appliances and related products, supplies and services.
(9) 
Wholesale trade.
(10) 
Printing, publishing, silk screening and similar processes and services.
(11) 
Self-storage facilities.
(12) 
Child-care centers as regulated in N.J.S.A. 40:55D-66.6.
(13) 
Fitness centers, gymnasiums, and other exercise and recreational facilities.
[Added 1-10-2011 by Ord. No. 10-719]
B. 
Permitted accessory uses.
(1) 
Accessory structures, buildings and uses customary or incidental to any of the permitted uses and located on the same lot with them, subject to the provisions of § 268-10.
(2) 
Signs as permitted in Article V.
(3) 
Driveways and off-street parking and loading as required in Article VI.
(4) 
Retail outlets and showrooms, provided same do not exceed 20% of the gross floor area of the principal building and further provided the products sold or displayed are manufactured, processed, treated or serviced on the subject premises.
(5) 
Business offices related to the principal permitted use.
(6) 
Where offices comprise the principal use, child-care centers as regulated in N.J.S.A. 40:55D-66.6.
C. 
Conditional uses.
(1) 
Public utility installations as specified in Article VIII.
(2) 
Wireless telecommunications antennas on existing structures as specified in Article VIII.
(3) 
Public garages and motor vehicle service stations as specified in Article VIII.
(4) 
Houses of worship as specified in Article VIII.
D. 
Other provisions and requirements.
(1) 
Area and yard requirements as specified in the Schedule of Requirements table (§ 268-5), appended to this chapter, with the following exceptions for business and professional office buildings:
(a) 
Maximum principal building coverage shall not exceed 20%.
(b) 
The maximum permitted floor/lot ratio shall be 0.30.
(2) 
Industrial uses permitted in the M-1 Zone must comply with the following minimum performance standards and must demonstrate such compliance before the issuance of any building permit or occupancy permit. Such uses shall at no time cause or result in any:
(a) 
Discharge of industrial waste of any kind into any reservoir, pond or lake or stream, sanitary sewer, street or any effluent containing acids, oils, dust, toxic metals, corrosive or other toxic substances in solution or suspension which would create odors or discolor, poison or otherwise pollute in any way the stream or sewage disposal system.
(b) 
Discharge or disposition of waste of any kind, whether to surface or ground water, air, or land, except in accordance with applicable local, county, state and/or federal laws and regulations and such permits as may be issued to control and limit such releases.
(c) 
Electric or magnetic waves being created that would be detrimental to radio or television reception beyond the boundaries of the subject lot.
(3) 
Site plan review required as set forth under Article X.
(4) 
Off-street parking spaces shall be located other than in the required front yard and on the same lot as the building it is intended to serve, subject to Article VI. Where office and/or retail uses accompany a warehouse or manufacturing use, the required number of parking spaces shall be the aggregate of the individual requirement for each.
(5) 
Landscaping. The overall site design shall include a comprehensive landscaping plan providing a variety of trees, shrubs, and ground cover(s) designed to shade parking and recreation areas, reduce stormwater runoff and soil erosion, offer visual screening of trash/recycling areas and utility installations, accent and complement buildings, and soften the lines of paved roadways on both the interior and exterior of the site. The preservation of existing natural features such as rock outcroppings, woodlands, and topographic elements shall be an integral part of the site planning process, and at its discretion, the reviewing board may waive additional screening requirements where such features are present within a required buffer area.
(6) 
Where the boundary line setting aside property for office/warehouse use abuts a property line setting aside property for residential use, regardless of an intervening street or highway, no principal building, accessory building or accessory use, including parking space, shall be located nearer than 50 feet to said boundary line. Within said fifty-foot strip there shall be maintained a belt of landscaping consisting of massed evergreen trees and shrubs sufficient to provide a complete year-round visual screen of at least four feet in height in the front yard and six feet in height in all other yards, as well as such fences or walls as the reviewing board may require. No building or structure shall encroach upon such buffer area.
(7) 
Building walls. All exterior walls shall be finished with brick or other architectural materials approved by the Planning Board.
(8) 
Storage of materials.
(a) 
All materials and equipment shall be stored in completely enclosed buildings or shall otherwise be screened by walls, fences and landscaping as may be determined by the Planning Board to be adequate to appropriately screen such materials and equipment from outside the boundaries of the lot.
(b) 
All tanks for aboveground storage shall be screened from view as required in Subsection D(8)(a) above and shall not be nearer to a residential property line than 150 feet.
(9) 
Recycling and solid waste collection and storage areas shall be provided, which may be indoors or outdoors. Outdoor areas shall be screened from view by a fence or wall enclosure that is compatible with the architectural style of the building(s). Such fence or wall shall be a maximum of seven feet in height and shall be landscaped as required by the reviewing board.
(10) 
The following uses are specifically prohibited in the M-1 Zone:
(a) 
Lumber and wood production, including sawmills, planing mills and similar uses.
(b) 
Chemical product manufacturing and processing, including the manufacturing of plastics, soaps and other cleaning materials; paints, agricultural chemicals, industrial chemicals and similar products.
(c) 
Petroleum refining uses, including the production of paving and roofing materials and similar uses.
(d) 
Rubber and plastic manufacturing, including the production of tires, inner tubes, footwear, seals, hoses, belts and similar products.
(e) 
The manufacturing of stone, clay, glass and concrete products.
(f) 
Primary metal uses, including steel works, blast furnaces, foundries and similar uses.
(11) 
Where a child-care center is provided as an accessory use, the floor area it occupies in any principal or accessory building shall be excluded in calculating either the required number of total on-site parking spaces, or the applicable floor/lot ratio. Parking spaces shall be provided in accordance with the provisions of this chapter and shall be in addition to those required for any other use(s) on the same lot.
A. 
Permitted principal uses.
(1) 
Business and professional offices.
(2) 
Warehouses.
(3) 
The manufacturing, packing, processing, treatment or design of food, personal care, textile, pharmaceutical, apparel, furniture, paper, instruments, transportation equipment parts, and similar products, supplies and services.
(4) 
The manufacturing, packing, processing, treatment or design of metal products, tools and industrial and commercial machinery, equipment and parts.
(5) 
Research laboratories, testing, experimental and computation centers.
(6) 
The manufacturing, processing, servicing and design of computers and related parts and instruments, office equipment, electrical appliances, domestic appliances and related products, supplies and services.
(7) 
Wholesale trade.
(8) 
Printing, publishing, silk screening and similar processes and services.
(9) 
Self-storage facilities.
(10) 
Child-care centers as regulated in N.J.S.A. 40:55D-66.6.
(11) 
Fitness centers, gymnasiums, and other exercise and recreational facilities.
[Added 1-10-2011 by Ord. No. 10-719]
B. 
Permitted accessory uses.
(1) 
Accessory structures, buildings and uses customary or incidental to any of the permitted uses and located on the same lot with them, subject to the provisions of § 268-10.
(2) 
Signs as permitted in Article V.
(3) 
Driveways and off-street parking and loading as required in Article VI.
(4) 
Retail outlets and showrooms, provided same do not exceed 20% of the gross floor area of the principal building and further provided the products sold or displayed are manufactured, processed, treated or serviced on the subject premises.
(5) 
Business offices related to the principal permitted use.
(6) 
Where offices comprise the principal use, child-care centers as regulated in N.J.S.A. 40:55D-66.6.
C. 
Conditional uses.
(1) 
Public utility installations as specified in Article VIII.
(2) 
Wireless telecommunications antennas on existing structures as specified in Article VIII.
(3) 
Houses of worship as specified in Article VIII.
D. 
Other provisions and requirements.
(1) 
Area and yard requirements as specified in the Schedule of Requirements table (§ 268-5), appended to this chapter, with the following exceptions for business and professional office buildings:
(a) 
Maximum principal building coverage shall not exceed 20%.
(b) 
The maximum permitted floor/lot ratio shall be 0.30.
(2) 
Industrial uses permitted in the M-2 Zone must comply with the following minimum performance standards and must demonstrate such compliance before the issuance of any building permit or occupancy permit. Such uses shall at no time cause or result in any:
(a) 
Discharge of industrial waste of any kind into any reservoir, pond or lake or stream, sanitary sewer, street or any effluent containing acids, oils, dust, toxic metals, corrosive or other toxic substances in solution or suspension which would create odors or discolor, poison or otherwise pollute in any way the stream or sewage disposal system.
(b) 
Discharge or disposition of waste of any kind, whether to surface or ground water, air, or land, except in accordance with applicable local, county, state and/or federal laws and regulations and such permits as may be issued to control and limit such releases.
(c) 
Electric or magnetic waves being created that would be detrimental to radio or television reception beyond the boundaries of the subject lot.
(3) 
Site plan review required as set forth under Article X.
(4) 
Off-street parking spaces shall be located other than in the required front yard and on the same lot as the building it is intended to serve, subject to Article VI. Where office and/or retail uses accompany a warehouse or manufacturing use, the required number of parking spaces shall be the aggregate of the individual requirement for each.
(5) 
Landscaping. The overall site design shall include a comprehensive landscaping plan providing a variety of trees, shrubs, and ground cover(s) designed to: shade parking and recreation areas, reduce stormwater runoff and soil erosion, offer visual screening of trash/recycling areas and utility installations, accent and complement buildings, and soften the lines of paved roadways on both the interior and exterior of the site. The preservation of existing natural features such as rock outcroppings, woodlands, and topographic elements shall be an integral part of the site planning process, and at its discretion, the reviewing board may waive additional screening requirements where such features are present within a required buffer area.
(6) 
Where the boundary line setting aside property for office/warehouse use abuts a property line setting aside property for residential use, regardless of an intervening street or highway, no principal building, accessory building or accessory use, including parking space, shall be located nearer than 50 feet to said boundary line. Within said fifty-foot strip there shall be maintained a belt of landscaping consisting of massed evergreen trees and shrubs sufficient to provide a complete year-round visual screen of at least four feet in height in the front yard and six feet in height in all other yards, as well as such fences or walls as the reviewing board may require. No building or structure shall encroach upon such buffer area.
(7) 
Building walls. All exterior walls shall be finished with brick or other architectural materials approved by the Planning Board.
(8) 
Storage of materials.
(a) 
All materials and equipment shall be stored in completely enclosed buildings or shall otherwise be screened by walls, fences and landscaping as may be determined by the Planning Board to be adequate to appropriately screen such materials and equipment from outside the boundaries of the lot.
(b) 
All tanks for aboveground storage shall be screened from view as required in Subsection D(8)(a) above and shall not be nearer to a residential property line than 150 feet.
(9) 
Recycling and solid waste collection and storage areas shall be provided, which may be indoors or outdoors. Outdoor areas shall be screened from view by a fence or wall enclosure that is compatible with the architectural style of the building(s). Such fence or wall shall be a maximum of seven feet in height and shall be landscaped as required by the reviewing board.
(10) 
The following uses are specifically prohibited in the M-2 Zone:
(a) 
Lumber and wood production, including sawmills, planing mills and similar uses.
(b) 
Chemical product manufacturing and processing, including the manufacturing of plastics, soaps and other cleaning materials; paints, agricultural chemicals, industrial chemicals and similar products.
(c) 
Petroleum refining uses, including the production of paving and roofing materials and similar uses.
(d) 
Rubber and plastic manufacturing, including the production of tires, inner tubes, footwear, seals, hoses, belts and similar products.
(e) 
The manufacturing of stone, clay, glass and concrete products.
(f) 
Primary metal uses, including steel works, blast furnaces, foundries and similar uses.
(11) 
Where a child-care center is provided as an accessory use, the floor area it occupies in any principal or accessory building shall be excluded in calculating either the required number of total on-site parking spaces, or the applicable floor/lot ratio. Parking spaces shall be provided in accordance with the provisions of this chapter and shall be in addition to those required for any other use(s) on the same lot.
A. 
Permitted principal uses.
(1) 
Government offices, including post offices.
(2) 
Libraries and museums.
(3) 
Recycling facilities and public works yards.
(4) 
Sewage treatment plants.
(5) 
Water treatment, storage, and distribution facilities.
(6) 
Child-care centers as regulated in N.J.S.A. 40:55D-66.6.
B. 
Permitted accessory uses.
(1) 
Accessory structures, buildings and uses customary or incidental to any of the permitted uses and located on the same lot with them, subject to the provisions of § 268-10.
(2) 
Signs as permitted in Article V.
(3) 
Driveways and off-street parking and loading as required in Article VI.
(4) 
Where offices comprise the principal use, child-care centers as regulated in N.J.S.A. 40:55D-66.6.
C. 
Conditional uses.
(1) 
Public utility installations not specifically designated above, as permitted uses, as specified in Article VIII.
(2) 
Wireless telecommunications antennas on existing structures as specified in Article VIII.
(3) 
Public garages and motor vehicle service stations as specified in Article VIII.
D. 
Other provisions and requirements.
(1) 
Where a child-care center is provided as an accessory use, the floor area it occupies in any principal or accessory building shall be excluded in calculating either the required number of total on-site parking spaces, or the applicable floor/lot ratio. Parking spaces shall be provided in accordance with the provisions of this chapter and shall be in addition to those required for any other use(s) on the same lot.
[Added 9-17-2018 by Ord. No. 18-829]
The Multifamily Affordable Housing Zone requires a 20% affordable housing set aside for affordable sale units and a 15% affordable housing set aside for affordable rental units. Affordable housing shall be provided in accordance with the requirements of the New Jersey Fair Housing Act, N.J.A.C. 5:80-26.1 et seq., the Uniform Housing Affordability Controls (UHAC), and the Township's court-approved Affordable Housing Ordinance.[1]
A. 
Permitted principal uses.
(1) 
Multifamily housing.
(2) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, each in accordance with N.J.S.A. 40:55D-66.1.
B. 
Permitted accessory uses.
(1) 
Customary accessory structures, buildings and uses, provided that such are incidental to that of the principal building and use, subject to the provisions of § 268-10 and applicable requirements of this section.
(2) 
Private recreational facilities for the exclusive use of residents, such as swimming pools, tennis courts, and playgrounds, and customary accessory buildings shall include such buildings as clubhouses, storage buildings, or garages, subject to the provisions of § 268-10 and applicable requirements of this section.
(3) 
Signs as permitted in Article V.
(4) 
Driveways and off-street parking as provided in Article VI.
(5) 
Indoor and surface parking for multifamily housing.
(6) 
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b.
C. 
Area, yard, bulk, parking and open space requirements. The following table identifies the area, yard, bulk, parking and open space requirements for the Multifamily Affordable Housing Zone:
Description
Requirement
Minimum tract area
23 acres
Maximum tract development area
16.25 acres
Minimum lot width (tract)
200 feet
Minimum lot depth (tract)
600 feet
Minimum front yard setback
30 feet
Minimum side yard setback1
30 feet
Minimum rear yard setback1
30 feet
Minimum setback from buildings on site:
Front to front; front to side; side to side
100 feet
Rear to rear
100 feet
Rear to side
100 feet
Minimum building setback to internal roadway
20 feet
Maximum building coverage (residential)
15%
Maximum impervious coverage
35%
Maximum building height
5 stories/55 feet
Maximum number of apartments
347
Maximum gross density of apartments
15 dwelling units per acre2
Minimum percent set-aside (affordable rental units)
15% of all units
Minimum percent set-aside (affordable for-sale units)
20% of all units
Maximum number of townhouses
278
Maximum gross density of attached/townhouse units
12 dwelling units per acre
Minimum percent set-aside for attached/townhouse units
20% of all units
Maximum number affordable units per building
20
Impervious coverage (parking) setbacks:
From building
15 feet
From property line or public street
15 feet
Parking spaces
2 per unit3 Plus 1 visitor space per 5 dwelling units
Two-way drive aisle width
24 feet
Minimum landscaped perimeter buffer
25 feet4
Open Space Area - minimum
30% developed tract area5
NOTES:
1.
Patios, decks, balconies and fences shall be located within required building setbacks.
2.
Density shall be calculated for all lots in the zone to determine the number of residential apartments that shall be permitted on Lots 247, 320 and 330.
3.
There shall be a minimum of one garage or underground parking space per unit.
4.
Landscaped buffer shall be continuously planted with double rows of trees 15 feet on center at least eight feet in height at the time of planting.
5.
Developed tract area is that portion of the tract upon which development is situated. Areas in required setbacks and landscaped buffers may be counted toward the minimum open space area.
D. 
Other requirements.
(1) 
Tract development area.
(a) 
All residential development and associated improvements shall be limited to Block 280, Lots 247, 320 and 330.
(b) 
An open space management plan shall be submitted for Block 280, Lots 551.1 and 552, at the time of site plan approval for development of Lots 247, 320 and 330, which shall be subject to Planning Board approval at the time of site plan development approval. Lots 551.1 and 552 may be donated to the Township of Cedar Grove as open space or held by the owner or an open space organization established to own and maintain such open space, provided the open space is appropriately deed restricted to ensure its continued maintenance as such.
(c) 
The development shall include improved pedestrian trail linkages to access the West Essex Trail from the development.
(2) 
Affordable housing requirements/very-low-, low- and moderate-income units.
(a) 
Except as specifically provided in Subsection D(2)(c) below, affordable units shall conform to the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"), the "Round 2" regulations adopted by the New Jersey Council on Affordable Housing, N.J.A.C. 5:93-1.1 et seq.,[2] the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., all other relevant statutes, regulations, and policies, and the Cedar Grove Township's court-approved Third Round Affordable Housing Ordinance.
[2]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October 16, 2016.
(b) 
Affordability average; bedroom distribution. Affordable units shall be provided in accordance with N.J.A.C. 5:80-26.3, Affordability average; bedroom distribution.
(c) 
Very-low-, low-, and moderate-income housing shall be constructed and rented in accordance with the New Jersey Fair Housing Act and the Uniform Housing Affordability Controls ("UHAC") found at N.J.A.C. 5:80-26.1 et seq., including standards for the split between very-low-, low- and moderate-income housing, except that, consistent with N.J.S.A. 52:27D-329.1, at least 13% of the affordable units shall be very-low-income units, i.e., affordable to households earning 30% or less of the regional median household income by household size; and at least 37% of the affordable units shall be low-income units. The balance of the affordable units shall be moderate-income units.
(d) 
Affordable units shall be affirmatively marketed in accordance with the affirmative marketing provisions identified at N.J.A.C. 5:80-26.15.
(e) 
Controls on affordability. There shall be an income control period pursuant to N.J.A.C. 5:80-26.11 of at least 30 years, and thereafter until Cedar Grove takes action to release the controls on affordability, for all affordable units.
[1] 
The applicant shall submit a copy of the draft deed restriction to be placed on the affordable units at the time of application for site plan approval for Planning Board Attorney review and approval prior to the Planning Board granting preliminary site plan approval.
[2] 
Affordability controls shall be established in the form of a deed restriction, which shall be approved by the Planning Board Attorney and recorded with the County Clerk and filed with the Cedar Grove Municipal Clerk and Cedar Grove municipal housing liaison.
(f) 
Affordable units shall be administered by a qualified administrative agent in accordance with the administrative procedures for affordable units identified in the UHAC. The developer shall be responsible for the cost for all aspects of administering the affordable units, including but not limited to affirmative marketing, income qualification, tenant placement/purchaser selection, maintenance of controls, etc.
(3) 
Site plan review required as set forth under Article X. An application for site plan approval shall comply with the Township's submission requirements procedures for a site plan application.
(a) 
A comprehensive traffic study shall be submitted with the application for development. This study will include a matrix with estimated projections for vehicle movements in and out of the facility in each hour of each day in a typical seven-day week. The projections for each hour will be built up from separate estimates for ingress and egress, and for different categories of use. The latter will include, but not be limited to, residents, deliveries and visitors. Added together, the separate categories will equal all traffic in and out. The study will also include background traffic in each direction on the public road servicing the facility in the same twenty-four-hour, seven-day format. The factual and analytical basis for all estimates will be explained.
(b) 
The Planning Board may use the traffic study to foster proper design, such as, but not limited to, ingress and egress, and to determine the applicant's pro-rata share of off-site and off-tract improvements, if any, that may be required. The Planning Board shall not use the traffic study to alter the density of sites to be developed with inclusionary zoning.
(c) 
The applicant shall have the option of preparing the traffic study or choosing a consultant from a list of at least two professionals (prepared by the municipality) to prepare the studies. If the developer chooses a consultant from the municipally prepared list, the developer and municipality shall both rely on the consultant's recommendations.
(4) 
Open space.
(a) 
Not less than 30% of the developed tract area of a permitted multifamily development shall be dedicated to common open space areas. Such space may include required buffers, setback areas, stormwater management facilities, active recreational areas, as well as natural, undeveloped areas, and shall be maintained by the owner or a homeowners' association and appropriately deed restricted.
(b) 
Of the tract area dedicated to common open space and recreation facilities, at least 1/2 (or 15% of the tract area) shall consist of natural, undeveloped open space, which may include perimeter buffering. Such buffer areas with predevelopment natural vegetative cover shall be retained and appropriately protected from root damage during construction, which shall include drip-line limits of disturbance for trees within the required buffer, which shall be approved by the Township Engineer prior to site disturbance.
(5) 
Required off-street parking spaces pursuant to the requirements of Article VI, and specifically restricted as follows:
(a) 
No parking area shall be located within 50 feet of a property line nor between any building or a public road.
(b) 
No parking shall be permitted on any access driveway.
(c) 
Dwelling units shall each be provided with a minimum of one garage parking space of at least nine feet by 18 feet.
(d) 
Not more than 100 parking spaces shall be provided as surface parking.
(6) 
A landscaped buffer shall be required on any side or rear yard adjacent to any property used or zoned for lower density residential purposes. The buffer shall be a minimum of 25 feet in width and shall be landscaped via massed evergreen trees and/or shrubs having a minimum height of eight feet at the time of planting. Such buffer areas may also be required upon site plan review to have walls and/or fences in order to further screen the multifamily use from surrounding uses and zones. No building or other structure, parking area, driveway or storage area shall encroach upon such buffer area.
(7) 
Buildings shall conform to the following additional limitations and requirements:
(a) 
All buildings and accessory structures shall be designed with a unified architectural theme that is visually compatible with the surrounding area. Said design shall consider such elements as building materials and colors, facade treatments, rooflines, light fixtures, and site amenities such as street furniture. All buildings shall have pitched roofs as an integral component of their design. Exterior building material colors shall be earth-tone and designed to blend into the surrounding neighborhood.
(b) 
Limitations on size. Buildings exceeding 100 feet in length shall be interrupted by offset planes not exceeding 100 feet in length. Each plane shall be recessed or offset by two feet or more. Exterior finishes shall vary for each offset plane, which shall be subject to Planning Board approval.
(8) 
Telephone and electric lines. There shall not be permitted overhead telephone and electric transmission lines traversing a lot. Telephone and electric transmission lines shall be placed at the rear of the lot. Where this is not practical or possible, overhead transmission lines may be place alongside the lot line, and service to a building or group of buildings on a lot from the transmission line shall be by underground conduit.
(9) 
Fire hydrants. Fire hydrants shall be installed in number and location as directed by the Township Engineer acting upon the advice of the Chief of the Township Fire Department and the Office of Fire Prevention, or as required by the New Jersey Residential Site Improvement Standards.
(10) 
Interior roads, access drives, and sidewalks. All road and sidewalk construction shall be pursuant to the New Jersey Residential Site Improvement Standards. A grass area of a minimum width of two feet shall be provided between the sidewalks and interior roads and between the sidewalks and access drives.
(11) 
Recycling. There shall be included within each new multifamily building an indoor recycling area for the collection and storage of residentially generated recyclable materials.
(12) 
Solid waste. Solid waste collection and storage areas shall be similarly provided within each multifamily building for the facility, and may be indoors or outdoors. Outdoor areas shall be enclosed by a maximum seven-foot-high fence or wall enclosure compatible with the architectural style of the building, and landscaped as required by the reviewing board.
(13) 
Lighting. Exterior lighting in accordance with § 268-7, with the exception that the maximum height of a fixture shall not exceed 20 feet measured from the ground level to the top of the light source.
(a) 
All light fixtures shall be downward directed and side shielded to prevent direct view of the light source of light fixtures from off site. The Planning Board shall have the authority to approve the type and style of light fixtures used, which may be a decorative design, or shoebox style fixture with a 150° beam spread.
(b) 
The lamp of the light fixture shall be sufficiently recessed to prevent direct view of the light source from off site.
(14) 
Landscaping. The overall site design shall include a comprehensive landscaping plan providing a variety of trees, shrubs, and ground cover(s) designed to shade parking and recreation areas, reduce stormwater runoff and soil erosion, offer visual screening, accent and complement buildings, and soften the lines of paved roadways on the interior and exterior of the site. The preservation of existing natural features such as rock outcroppings, woodlands, and topographic elements shall be an integral part of the site planning process, and, at its discretion, the reviewing board may waive additional screening requirements where such features are present within a required buffer area.
[1]
Editor's Note: See Ch. 80, Affordable Housing.
[Added 9-17-2018 by Ord. No. 18-830]
The Multifamily Affordable Housing Inclusionary Overlay (MF-AH-IO) Zone adds an inclusionary residential development option in addition to the underlying nonresidential zoning that permits townhouse development at a gross density of 10 dwelling units per acre including a 20% affordable housing set-aside; and Multifamily apartments at a gross density of 14 dwelling units per acre including a 15% affordable housing set-aside if the affordable housing units will be for rent or a 20% affordable housing set-aside if the affordable units will be for sale. Affordable housing shall be provided in accordance with the requirements of the New Jersey Fair Housing Act and N.J.A.C. 5:80-26.1 et seq., the Uniform Housing Affordability Controls (UHAC).
A. 
Permitted principal uses.
(1) 
Multifamily apartment buildings, including affordable housing as prescribed above.
(2) 
Attached townhouses, including affordable housing as prescribed above.
(3) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, each in accordance with N.J.S.A. 40:55D-66.1.
(4) 
Uses permitted and developed in accordance with the existing underlying zoning that are in existence as of the date of adoption of this section, which uses shall be permitted to continue and/or expand in accordance with the provisions of underlying zoning without the need for an application for use variance approval from the Zoning Board of Adjustment as a nonpermitted use, provided that no existing nonresidential use, even if permitted and conforming to the zoning as of the date of adoption of this section, shall be permitted to expand beyond the limits of the tax lot(s) upon which such use is located as of the date of adoption of this section.
B. 
Permitted accessory uses.
(1) 
Customary accessory structures, buildings and uses, provided that such are incidental to that of the principal building and use, subject to the provisions of § 268-10 and applicable requirements of this section.
(2) 
Private recreational facilities for the exclusive use of residents, such as swimming pools, tennis courts, and playgrounds, and customary accessory buildings shall include such buildings as clubhouses, storage buildings, or garages, subject to the provisions of § 268-10 and applicable requirements of this section.
(3) 
Signs as permitted in Article V.
(4) 
Driveways and off-street parking as provided in Article VI.
(5) 
Family day-care homes as regulated in N.J.S.A. 40:55D-66.5b.
C. 
Area, yard, bulk, parking and open space requirements. All residential development within the Multifamily Affordable Housing Inclusionary Overlay (MF-AH-IO) Zone shall conform in all respects to § 268-25, MF Multifamily Zone, Subsection C.
D. 
Affordable housing requirements/very-low-, low- and moderate-income units.
(1) 
Except as specifically provided in Subsection D(3) below, affordable units shall conform to the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"), the "Round 2" regulations adopted by the New Jersey Council on Affordable Housing, N.J.A.C. 5:93-1.1 et seq.,[1] the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., all other relevant statutes, regulations, and policies and the Cedar Grove Township Third Round Affordable Housing Ordinance.[2]
[1]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October 16, 2016.
[2]
Editor's Note: See Ch. 80, Affordable Housing.
(2) 
Affordability average; bedroom distribution. Affordable units shall be provided in accordance with N.J.S.A. 5:80-26.3, Affordability average; bedroom distribution.
(3) 
Very-low-, low- and moderate-income housing shall be constructed and rented in accordance with the New Jersey Fair Housing Act and Uniform Housing Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq, including standards for the split between very-low-, low- and moderate-income housing, except that, consistent with N.J.S.A. 52:27D-329.1, at least 13% of the affordable units shall be very-low-income units, i.e., affordable to households earning 30% or less of the regional median household income by household size; and at least 37% of the affordable units shall be low-income units. The balance of the affordable units shall be moderate-income units.
(4) 
Affordable units shall be affirmatively marketed in accordance with the affirmative marketing provisions identified at N.J.A.C. 5:80-26.15.
(5) 
Controls on affordability. There shall be an income control period pursuant to N.J.A.C. 5:80-26.11 of at least 30 years for all affordable units and thereafter until Cedar Grove takes action to release the controls on affordability.
(a) 
The applicant shall submit a copy of the draft deed restriction to be placed on affordable units at the time of application for site plan approval for Planning Board Attorney review and approval prior to the Planning Board granting preliminary site plan approval.
(b) 
Affordability controls shall be established in the form of a deed restriction, which shall be approved by the Planning Board Attorney and recorded with the County Clerk and filed with Cedar Grove Municipal Clerk and the Cedar Grove municipal housing liaison.
(6) 
Affordable units shall be administered by a qualified administrative agent in accordance with the administrative procedures for affordable units identified in the UHAC. The developer shall be responsible for the cost for all aspects of administering the affordable units, including but not limited to affirmative marketing, income qualification, tenant placement/purchaser selection, maintenance of controls, etc.
E. 
Site plan review required as set forth under Article X. An application for site plan approval shall comply with the Township's submission requirements and procedures for a site plan application.
(1) 
A comprehensive traffic study shall be submitted with the application for development. This study will include a matrix with estimated projections for vehicle movements in and out of the facility in each hour of each day in a typical seven-day week. The projections for each hour will be built up from separate estimates for ingress and egress, and for different categories of use. The latter will include, but not be limited to, residents, deliveries and visitors. Added together, the separate categories will equal all traffic in and out. The study will also include background traffic in each direction on the public road servicing the facility in the same twenty-four-hour, seven-day format. The factual and analytical basis for all estimates will be explained.
(2) 
The Planning Board shall use the traffic study to foster proper design, such as but not limited to ingress and egress, and to determine the applicant's pro-rata share of off-site and off-tract improvements, if any, that may be required. The Planning Board shall not use the traffic study to alter the density of sites to be developed with inclusionary zoning.
(3) 
The applicant shall have the option of preparing the traffic study or choosing a consultant from a list of at least two professionals (prepared by the municipality) to prepare the studies. If the developer chooses a consultant from the municipally prepared list, the developer and municipality shall both rely on the consultant's recommendations.
F. 
A landscaped buffer shall be required on any side or rear yard adjacent to any property used or zoned for nonresidential purposes. The buffer shall be a minimum of 25 feet in width and shall be landscaped via massed evergreen trees and/or shrubs having a minimum height of eight feet at the time of planting. Such buffer areas may also be required upon site plan review to have walls and/or fences in order to further screen the multifamily development from surrounding land uses. No building or other structure, parking area, driveway or storage area shall encroach upon such buffer area.