Conference/Public Meeting Agendas/Documents — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 5. No more than twenty (20%) percent of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than twenty (20%) percent of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the affordable housing trust fund. i. Monitoring. The Township of West Orange shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Township of West Orange's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH. j. Ongoing Collection of Fees. The ability for the Township of West Orange to impose, collect and expend development fees shall expire with its substantive certification unless the Township of West Orange has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance. If the Township of West Orange fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, it may be subject to

fee ordinance. If the Township of West Orange fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L. 1985, c.222 (C.52:27D-320). The Township of West Orange shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall the Township of West Orange retroactively impose a development fee on such a development. The Township of West Orange shall not expend development fees after the expiration of its substantive certification or judgment of compliance. (Ord. No. 2252-09 § II) 25-19 - 25-23 RESERVED. 25-24 EXCEPTIONS AND SPECIAL PROVISIONS. 25-24.1 Nonconforming Uses, Structures and Lots. a. The following shall be deemed lawful nonconforming uses. 1. Any lawful building or structure, or the lawful use of any lot or land which existed on January 25, 1978, and which at that time did not comply with regulations of this chapter or any amendments thereto. 2. All variances granted pursuant to this chapter. b. The following shall be deemed conforming: 109

DRAFT PROPOSED REVISIONS – OCTOBER 2011 1. Any building or structure, or the use of any lot or land which complies with the regulations of this chapter or any amendments. 2. All conditional uses granted pursuant to this chapter or pursuant to a previous zoning ordinance. c. No unlawful structure or use of a structure, lot or land that existed on January 25, 1978, shall be deemed to be a lawful nonconforming structure or use. d. Any nonconforming use or structure existing at adoption of this chapter may be continued upon the lot or in the building so occupied and any such structure may be restored or repaired in the event of destruction of not more than fifty (50%) percent of the total value of the structure. e. A nonconforming use shall not be enlarged or extended. A nonconforming use shall be changed only to a conforming use. f. A nonconforming use shall be deemed to have been abandoned: 1. When it is changed to a conforming use. 2. When it has been voluntarily discontinued for a period of twelve (12) consecutive months. Any nonconforming use that has been abandoned shall not thereafter be reinstated. g. In any residential district, notwithstanding any stipulations of district regulations governing minimum required lot area, lot width and lot area per familyunit, a one (1) family dwelling may be erected on any lot separately owned and not adjacent to any lot in the same ownership on September 7, 1977. h. Reserved. i. Prior to the issuance of a building permit or certificate of occupancy for any permitted or nonconforming use the applicant shall apply for site plan approval to the board having the proper jurisdiction. Any one (1) or two (2) family dwellings located in a residential district which do not require any bulk variances shall be exempt. (Ord. No. 904-88 § 25-6.1; Ord. No. 991-89; Ord. No. 1486-97 § 1) 25-24.2 Conditional Uses. a. General Requirements. Pursuant to the provisions of the Municipal Land Use Law, the Planning Board shall have the power to grant conditional uses on particular sites, according to the definite specifications and standards set forth in Section 25-24.2b. without a specific finding of practical difficulty or undue hardship, subject to the

particular sites, according to the definite specifications and standards set forth in Section 25-24.2b. without a specific finding of practical difficulty or undue hardship, subject to the following stipulations and guiding principles: 1. Such use shall be one which is specifically authorized as a conditional use by the Table of District Regulations, for the location in the district within which such particular site is located. 2. Such use shall be so designed as to safeguard the public health, safety and general welfare and shall in addition provide reasonable consideration, among other things for: (a) The character of the neighborhood or district. (b) The conservation of property value. (c) The direction of building development in accordance with the Master Plan or any part thereof which has been adopted by the Township Planning Board. 3. Such use, in appropriate cases, shall be provided with adequate access facilities from public streets and sidewalks to assure the public safety and to avoid traffic congestion and with adequate parking facilities and driveways for circulation within the site. Comment [PG72]: vague and inappropriate standards 110

DRAFT PROPOSED REVISIONS – OCTOBER 2011 b. Specific Requirements. Subject to the stipulations, guiding principles and conditions contained in this section, the Planning Board shall have the power to grant conditional uses authorized by the Table of District Regulations, in specified districts, as follows: 1. In districts where only residential uses are authorized except as noted. (a) Farm Produce Stand. In an R-1, R-2, R-3 or R-3AH District, a farm produce stand for the sale of produce grown on the premises only, provided that the location of such use is deemed by the Planning Board to be appropriate to the immediate neighborhood, and subject to such conditions and safeguards as the Board may impose, with respect to, among other matters, minimizing traffic congestion, and adequate off-street parking areas of patrons; and further provided that no such facilities shall serve patrons whose vehicles are standing upon the street. Comment [PG73]: no longer necessary (a) Public Utility Buildings and Structures/Telephone Exchanges. (1) The minimum front yard shall be fifty (50) feet. (2) The minimum side yards shall be twenty five (25) feet and twenty five (25) feet. (3) The minimum rear yard shall be fifty (50) feet. (4) There shall be a twenty five (25) foot wide buffer adjacent to all residential property lines, within the required setback, which shall consist of natural vegetation and, if required by the Planning Board or Board of Adjustment, new vegetation to supplement the existing vegetation. (5) All structures shall be designed to be complementary to, or sufficiently screened from, a residential neighborhood. (b) Additional Off-Street Parking. In R-5, R-6, R-T, R-G and R-M Districts, additional off-street parking shall be permitted upon approval of the same as a conditional use by the Planning Board. Such conditional use shall have all existing front, rear and side yard requirements of the district in which it is located applied to it. All

by the Planning Board. Such conditional use shall have all existing front, rear and side yard requirements of the district in which it is located applied to it. All abutting residential property shall be screened by a fence of solid wood or masonry, or a combination thereof, and backed with maintained evergreen planting. The front yards shall be screened with evergreen plantings or hedges. Parking shall be prohibited within all required front, rear and side yard setbacks. (c) Private Club. In any residential district, a club for social, athletic or military purposes, which is not conducted as a business, and is either nonprofit or a public facility, provided that the nature of such club shall not be such as is liable to create a nuisance and subject to such conditions and safeguards as the Planning Board may impose with respect to, among other matters, the location and adequacy of entrances, exits and parking areas, which Comment [PG74]: vague (1) Parking lot entrances and exists shall be clearly visible from the public street and shall not be located within seventy-five (75) feet of a street intersection. (2) There shall be a twenty five (25) foot wide buffer adjacent to all residential property lines, within the required setback, which shall consist of natural vegetation and, if required by the Planning Board or Board of Adjustment, new vegetation to supplement the existing vegetation. (3) All structures shall be designed to be complementary to a residential neighborhood. (4) A landscape plan, which provides substantial buffering of the parking area, must be approved by the Planning Board or Board of Adjustment and kept on 111

DRAFT PROPOSED REVISIONS – OCTOBER 2011 file in the Department of Planning and Development. All plantings shall be maintained in perpetuity and all plants must be replaced in kind when necessary. (d) Library, Museum, Public/Private Schools, Park or Playground. In any residential district, except an R-M District, a library or museum, a public or private school, a park or playground, subject to approval by the Planning Board with respect to the location of such facility in relation to the present and anticipated needs of the Township and to the Master Plan or any portion thereof which has been adopted by the Planning Board., and further subject to the following conditions: (1) The minimum lot area shall be five (5) acres. (2) All buildings and outdoor recreation facilities shall be set back at least one hundred twenty-five (125) feet from any property line and all parking areas, parking access aisles and accessory buildings shall be set back at least seventy-five (75) feet from any property line. (3) There shall be a fifty (50) foot wide buffer adjacent to all property lines, within the required setback, which shall consist of natural vegetation and, if required by the Planning Board or Board of Adjustment, new vegetation to supplement the existing vegetation. (4) The required setbacks and buffers for outdoor recreation facilities that are lighted for evening use shall be increased by one hundred percent (100%) over the above requirements. The use of outdoor recreation facilities shall not be permitted after 11:00 p.m. (5) A landscape plan, which provides substantial buffering of the parking area, must be approved by the Planning Board or Board of Adjustment and kept on file in the Department of Planning and Development. All plantings shall be maintained in perpetuity and all plants must be replaced in kind when necessary. (e) Hotels and Restaurants. In any R-5 District, a hotel on a land area of ten (10) acres or more in extent, and located on a County road, provided that such use shall be approved by the Department of Health and Welfare. In addition such use shall be subject to

(10) acres or more in extent, and located on a County road, provided that such use shall be approved by the Department of Health and Welfare. In addition such use shall be subject to conditions and safeguards imposed by the Planning Board including but not limited to: (1) The location and adequacy of entrances and exits for vehicular traffic and the safety of customers and guests. (2) Adequate buffers including a landscaped buffer of one hundred fifty (150) feet around the sides and rear of the property line. (3) A maximum building coverage of twenty (20%) percent. (4) A maximum of forty (40%) percent impervious surface coverage. (5) If any adjoining lot is in a residential district there must be a three hundred fifty (350) foot rear and side yard set- back to any hotel or restaurant or ac- cessory use or structure. (f) Banquet and Conference Center. A development consisting of a banquet and dining facility, conference center and guest rooms for overnight accommodations in one (1) or more buildings shall be permitted in the R-4 District as a conditional use subject to the following requirements: 112

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (1) The minimum lot size shall be twenty-five (25) acres and the minimum lot depth shall be one thousand five hundred (1,500) feet. (2) The property shall have frontage on a County road. (3) The maximum building ground coverage shall be ten (10%) percent and the maximum lot coverage shall be twenty-five (25%) percent. In no case shall the total gross floor area of all buildings exceed one hundred thirty-six thousand (136,000) square feet. (4) The maximum building height shall be the same as for the R-4 District except that existing buildings shall be exempt from this requirement. (5) The total number of guest rooms for overnight accommodations shall not exceed fifty (50) rooms. (6) All principal buildings shall be set back at least one hundred twenty-five (125) feet from any property line and all parking areas, parking access aisles and new accessory buildings shall be set back at least fifty (50) feet from any property line. (7) There shall be a fifty (50) foot wide buffer adjacent to all property lines which shall consist of natural vegetation and, if required by the Planning Board, new vegetation to supplement existing vegetation. Roadways, driveways and existing structures shall be permitted within such buffer areas provided they are designed to minimize disruption of such areas, except that a seventy-five (75) foot wide buffer shall be required adjacent to any existing multifamily development and no roadways, driveways or structures shall be allowed in the seventy-five (75) foot wide buffer area. (8) The minimum number of parking spaces shall be in accordance with Section 25-12.2 with guest rooms being considered hotel rooms for the purpose of determining required parking spaces except that the total amount of required parking may be reduced where the applicant demonstrates to the satisfaction of the approving authority that the parking demands for the different permitted uses are not additive and that the shared parking provided is reasonable and accommodates the anticipated demand.

ity that the parking demands for the different permitted uses are not additive and that the shared parking provided is reasonable and accommodates the anticipated demand. (9) Permitted accessory uses on the same lot shall include those normally incident and subordinate to permitted principal uses and shall include retail sales, recreation, dining, personal services, a gatehouse, existing single- family dwellings for employees and one (1) new resident manager's dwelling associated with the principal use or uses. (g) Nursing Home/Long-Term Care Residential Healthcare Facility. In an R-T, R-G, R- M, OB-1 and OB-2 District, a nursing home or long-term care residential healthcare facility shall be permitted only as a conditional use authorized in each case by the Planning Board and subject to the following conditions: (1) Lot Area. The minimum lot area shall be five (5) acres. (2) Lot Width. The lot width at both the street line and the building setback line shall be not less than three hundred fifty (350) feet. (3) Front Yard. There shall be a front yard of not less than one hundred fifty (150) feet of natural vegetation or landscaping. No parking of motor vehicles shall be permitted in the front yard. 113