Conference/Public Meeting Agendas/Documents — Packet

lation to Stream or Drainageways. In any district, no building or accessory building and no wall or fence shall be permitted within fifteen (15) feet of the center line of any stream, water course, or other natural drainage line which carries storm water run-off, in order that access by the duly constituted authorities or the Township may be assured for the purpose of cleaning, dredging and otherwise maintaining such drainage line. In the application of this subsection to a particular lot the Township Engineer shall determine whether access to the stream, intermittent watercourse or natural drainage line which forms a part of such is necessary in the public interest. (Ord. No. 904-88 § 25-5.2E) 25-8.6 Infrastructure Requirements. No site plan shall be approved for development unless sufficient capacity exists in the public sanitary sewers, and storm sewers, or will be made available prior to the start of construction and that there is adequate access to public streets. (Ord. No. 904-88 § 25-5.2F) 25-8.7 Commercial Antennas. Commercial antennas are absolutely prohibited in all districts except in those districts in which they are permitted as a conditional use. The conditional use requirements for commercial antennas are set forth in Section 25-24.2b(2)(e). 21

25-8.8 Personal Communications Antenna. a. Personal communications antenna utilized by an individual or association duly licensed in the Citizens Radio Service under 47 C.F.R., Part 95 of the regulations of the Federal Communications Commission, or any amendment, revision or substitution thereof, shall not exceed a height of sixty (60) feet or any lower height limitation that may from time to time be prescribed by Federal law for such radio service. b. Personal communications antennas utilized by an individual or association duly licensed in the Citizens Radio Service under 47 C.F.R., Part 97 of the regulations of the Federal Communications Commission, or any amendment, revision or substitution thereof, shall not exceed a height of one hundred (100) feet. c. All personal communications antennas as herein defined shall be considered accessory uses in all residential zones. (Ord. No. 904-88 § 25-5.2H) 25-8.9 Other Antennas. a. Antennas designed solely for the reception of radio and TV signals shall not exceed a height of twenty (20) feet above the height of the principal structure, without approval of the Planning Board or Board of Adjustment. Such approval may be granted upon a showing that due to topography, configuration of buildings or surrounding structures or trees adequate reception is not possible below twenty (20) feet above the height of the principal structure to which the antenna and or antenna support is to be affixed. b. All other antennas, except those employed for specially licensed experimental uses and those utilized by governmental agencies, Civil Defense and the First Aid Squad, are prohibited in all districts of West Orange. (Ord. No. 904-88 § 25-5.2I) 25-8.10 Construction Trailers. All construction trailers shall be removed within seventy-two (72) hours of the issuance of a Certificate of Occupancy or the cessation of active construction for a period of thirty (30) days, whichever is sooner. This thirty (30) day period may be extended for an additional thirty (30) days upon application to the construction official. Construction trailers shall not be parked within areas to be conveyed for roadway purposes or right-of-way. (Ord. No. 904-88 § 25-5.2J) 25-8.11 Green Roofs. Green roofs shall be

nstruction official. Construction trailers shall not be parked within areas to be conveyed for roadway purposes or right-of-way. (Ord. No. 904-88 § 25-5.2J) 25-8.11 Green Roofs. Green roofs shall be permitted in all zone districts. Green roofs shall be installed in accordance with the following criteria: a. A green roof shall consist of four layers: a waterproof membrane, a layer of insulation, a drainage layer, and the growing medium (substrate). Additionally, a protective layer of PVC or other suitable material may be placed beneath the growing medium to protect against roots penetrating the waterproofing layer. b. The growing medium shall be a thin, lightweight medium suitable for planting wildflowers or grasses; for example, a mix of expanded shale and/or sand with 10 percent humus. c. Plantings on green roofs shall be shallow-rooted, drought-tolerant species that thieve in thin, nutrient-poor soils and will not require irrigation; for example, mosses and grasses. d. Green roofs shall be subject to approval by the Township Engineer and shall be subject to periodic inspection. 22

25-8.12 Principal Uses. There shall be no more than one (1) principal use upon any single lot, except: a. In B-1 and B-2 Districts, residential uses shall be permitted on the second floor or above in a building which has a permitted commercial or retail use on the first floor. b. All proposed mixed-uses must comply with all health and building code regulations, including Certificate of Continued Occupancy requirements. Off-street parking shall be provided as required for each individual use, except that shared parking shall be permitted for a mixed- use development containing a residential use, per Section 25-12.2a3. c. All commercial/retail uses currently on the street level cannot be converted to residential use. d. Mixed uses and multiple principal uses on one lot shall be permitted in the B-1, B-2, P-C, O-R and I Districts. (Ord. No. 904-88 § 25-5.2L; Ord. No. 1035-90; Ord. No. 1336-95 § 1) 25-8.13 As Built Drawings. As built drawings shall be submitted to the Engineering and Building Departments of the Township for all commercial and industrial projects, and for all residential projects with more than five (5) dwelling units in a subdivision. All such drawings shall be certified by a New Jersey State licensed engineer, architect or surveyor under seal, whoever is appropriate. No final Certificate of Occupancy shall be issued until an "as built" drawing or drawings for the project are submitted and approved by the Construction Official, Township Engineer and Zoning Officer. (Ord. No. 904-88 § 25- 5.2M; Ord. No. 1216-93) 25-8.14 Recycling Facilities.* a. There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially-generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the municipal recycling coordinator, and shall be consistent with the district recycling

ensions of the recycling area and the bins or containers shall be determined in consultation with the municipal recycling coordinator, and shall be consistent with the district recycling plan adopted pursuant to N.J.S.A. 13:1E-99.13 and any applicable requirements of the Municipal Master Plan, adopted pursuant to section 26 of P.L. 1987, c.102. b. The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster. c. The recycling area shall be well lit, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers. d. The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. *Editor's Note: See also Chapter XXXII, Land Subdivision, Section 32-13, Recycling Area Requirements. 23

Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry. e. Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein. f. Landscaping and fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner. (Ord. No. 904-88 § 25-5.2; Ord. No. 1209-93) 25-8.15 Utility Screening. In all districts, utility boxes and other ground level utility structures shall be screened on at least three (3) sides by landscaping that will conceal the box throughout all seasons of the year, while permitting access by the utility company. Such provision should be reflected in the landscape plan portion of all preliminary and final site plans. (Ord. No. 1522-98 § 1) 25-8.16 Roofleaders, Downspouts and/or Other Storm Drainage Systems. Every homeowner within all districts of the Township of West Orange shall maintain any roofleaders, downspouts, and/or any other storm drainage system so that runoff is not directed onto any neighboring properties. 25-9 SUPPLEMENTAL PROVISIONS FOR RESIDENTIAL DISTRICTS. In addition to the provisions of the Table of District Regulations, every use in a residential district shall be further subjected to all of the following applicable supplemental provisions. (Ord. No. 904-88 § 25-5.3) 25-9.1 Horticultural or Agricultural Buildings. In any residential district, a horticultural or agricultural building may be constructed or maintained only as an accessory to the main building on the same lot; and no heating plant in conjunction therewith shall be located within twenty (20) feet of any lot line, and no fertilizer shall be stored within twenty-five (25) feet of any lot line. (Ord. No. 904-88 § 25-3.3A) 25-9.2 Housing of Animals. In any residential district on a lot of two (2) acres or more, a building or enclosure for the housing of animals may be constructed or maintained only as an accessory to the main building on the same lot. No building or enclosure shall be

two (2) acres or more, a building or enclosure for the housing of animals may be constructed or maintained only as an accessory to the main building on the same lot. No building or enclosure shall be used for the housing of more than three (3) domestic or farm animals and such building or enclosure shall not be within fifty (50) feet of any lot line. See Section 10-12 of Chapter X, Animals, of the Revised General Ordinances of the Township of West Orange for additional regulations for household pets and other animals. 25-9.3 Public Buildings. Federal, State, County or Township buildings shall be permitted, except that workshops, storage facilities and other uses similar to those normally permitted only in industrial districts shall be excluded from residential districts. (Ord. No. 904-88 § 25-5.3C) 25-9.4 Underground Utility Lines. Except where clearly demonstrated that it is physically impossible all utility lines shall be placed underground in all developments in all Zoning Districts. (Ord. No. 904-88 § 25-5.3D) 24

25-9.5 Garden Apartments. a. When the dwelling units in a garden apartment building are separated by party walls, no facade of such building shall be more than eighty (80) feet long. b. Contiguous lots occupied by a group of garden apartments or garden apartment buildings shall be considered as one (1) lot or tract of land. c. Not more than forty (40%) percent of the area used for residential living purposes in a half story above the second floor shall have a ceiling height of less than seven (7) feet six (6) inches, and no portion of such area shall have a ceiling height less than five (5) feet. d. Roofs of garden apartment buildings shall be of gambrel, hip, gable, or mansard type construction. e. No space may be used for dwelling purposes below the first floor of a garden apartment building, except that in the basement provision may be made for living quarters for employees of the owner necessary to the maintenance of the building. Such living quarters, when provided, shall be included in the computation of minimum required lot area per unit. f. Garages shall conform in architectural design with the garden apartment building to which they are accessory. Each of the dwelling units shall be provided with one (1) fully enclosed garage of not less than two hundred (200) square feet clear area in addition to the exterior parking of one and one-half (1 1/2) parking space for each apartment. g. No parking space in a garage or parking area shall be rented or sublet to anyone other than a resident of the garden apartment buildings, and shall be located between such buildings and their detached accessory uses. h. Garden apartment project sites shall contain two (2) acres or more. (Ord. No. 904-88 § 25-5.3E) 25-9.6 Offices in R-G District. The following supplemental district regulations shall apply to offices located within an R-G District on a site of five (5) acres or more. a. Use of Front and Rear Yards. No use shall be made of any required yard except that entrance and exit driveways may cross the front yard. Further, automobile parking is permitted so as to encroach upon the required rear yard, subject to the subsection 25-8.1. The foregoing notwithstanding, in no cases shall more than fifty (50%) percent

obile parking is permitted so as to encroach upon the required rear yard, subject to the subsection 25-8.1. The foregoing notwithstanding, in no cases shall more than fifty (50%) percent of the required front yard be paved for driveways. b. Parking. Off-street parking shall be provided on the same site as the structure developed under the provisions of this chapter. c. Landscaping and Site Plan. The grounds of an office building site shall be suitably landscaped and maintained and shall be suitably screened from the adjoining residential districts, if any. A landscape plan prepared by a professional landscape architect shall be submitted for review by the Environmental Commission. d. Building Type. All buildings erected under the provisions of this section concerning offices shall have an exterior design so as to present the appearance of a residential structure. (Ord. No. 904-88 § 25-5.3F) 25

25-9.7 Design of Buildings in Residential Districts R-1 Through R-T. The Township Council finds that uniformity in the exterior design and appearance of dwellings erected in the same residential neighborhood tends to adversely affect the desirability of the immediate and neighboring areas for residential purposes and impairs existing residential property in such areas; tends to impair the value of both improved and unimproved real property in such areas with attendant deterioration or conditions affecting the health, safety and morals of the inhabitants and the Township at large; and tends to deprive the Township of tax revenue and destroys a proper balance between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this subsection to prevent these and other harmful effects of uniformity in the design and appearance of dwellings erected in any subdivision or development in the same residential district and thus to promote and protect the health, safety, morals and general welfare of the community. a. Distance between Dwellings. Except as herein provided, no building permit shall be issued for any structure or residence to be erected in an R-1 through and including an R-4 District if the proposed dwelling is substantially alike in exterior design and appearance with any neighboring dwelling situated on the same or opposite sides of the street within one hundred ninety-nine (199) feet of a dwelling then in existence or for which a building permit has been issued or is pending; that no building permit shall be issued for any dwelling or residence to be erected in an R-5, R-6 or R-T District if the proposed dwelling is substantially alike in exterior design and appearance with any neighboring dwellings situated on the same or opposite sides of the street within one hundred forty-nine (149) feet of a dwelling then in existence or for which a building permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties. b. Dwelling Characteristics. Dwellings and residential buildings within such specified distance from each other shall be considered uniform in exterior design and appearance if they have any