Town CrierWest Orange, New Jersey
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Packet · Sep 11, 2012

Conference/Public Meeting Agendas/Documents — Packet

Preserved file SHA-2569c4cd6a7170e9fb1427eb848720445b7758bf8ad93c12ece6284373371eaf069

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e PURD District only. (d) Multi-family development in the PURD District only. (e) Common open space. (f) Developed recreational facilities. (g) Uses ancillary and accessory to the above. (h) Retail and service facilities for the project only with no signs or exterior advertising. 2. Permitted Density. The density shall be computed on the basis of the entire contiguous tract owned by the applicant. The density of the development need not be uniformly applied to the entire site for which an application for a Planned Development is submitted, provided that all site design objectives and staging limitations established elsewhere in this section are adhered to by the applicant. The maximum density in the RC and PURD Districts shall be four (4) dwelling units per gross acre. 31

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3. Open Space Credit. "If a portion of land being part of a contiguous area, or adjacent to a P.U.R.D. or Cluster zone is dedicated or restricted by the owner as a transitional strip, buffer or common open space, then the density for the area of the lands remaining in the P.U.R.D. zone or Cluster zone may be computed by the Planning Board on the basis of the total acreage owned by the proposed developer to the allocations of such land for the transitional strip, buffer or common open space. In no case shall such transitional strip, buffer or common open space exceed thirty (30%) percent of the total land area included as part of the application." If the area has been used in the calculation of open spaces or buffering elsewhere, the area cannot be used again. Explanation: This provision allows, under certain circumstances, areas adjacent to P.U.R.D. or Cluster zones to be included in the density computations for the P.U.R.D. or Cluster project. b. Common Open Space. Common open space shall be provided as part of any Planned Residential District. The minimum amount of common open space to be provided shall be calculated and determined as follows: 1. The total amount of common open space within a Planned Residential District, including sidewalks, decorative paved areas, swimming pools, tennis courts and other recreational facilities, shall be not less than twenty (20%) percent of the total tract being considered. 2. The maximum impervious coverage (which term includes all roof areas, curbing, streets, roads, driveways and paved parking areas, but which does not include sidewalks, recreational areas, such as tennis courts, swimming pools, etc. or decorative paved areas) shall not exceed fifty (50%) percent of the total tract being considered. 3. Anything in the foregoing subparagraphs to the contrary notwithstanding, not less than twenty (20%) percent of the total tract shall be natural open space which shall not contain any roads, parking lots or structures, or consist of required back yards. 4. All land which would be required for single house lots, under the minimum size requirements of this section, but is not so used under the permitted

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consist of required back yards. 4. All land which would be required for single house lots, under the minimum size requirements of this section, but is not so used under the permitted lot sized reduction provisions of this section, but is not so used under the permitted lot sized reduction provisions of this section must be devoted instead to common open space. 5. The location of common open space shall be subject to approval by the Planning Board or Zoning Board in accordance with the guidelines established under the site and design objectives included elsewhere in this section and in the Site Plan and Subdivision Ordinances. 6. Improvements to the common open space shall be determined by the Planning Board or Zoning Board with "D" variance and may include but shall not be limited to grading, drainage, planting, walkways, lighting and recreational facilities. 7. The municipality, by affirmative action of the Council, may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance. Common open space need not be dedicated to or made available for public use, in which instance the landowner shall provide for and establish an organization for the ownership and maintenance of any common open space and such organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the Township or other governmental agency. In the event that the organization established to own and maintain common open space or any successor organization shall at any time after establishment of the "Planned Development" (PURD or RC) fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Township may serve written notice upon such organization or upon the residents, owners, developers or mortgagees of the 32

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development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. The notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof, and shall state the date and place of hearing thereon which shall be held within fourteen (14) days of the notice. At such hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within fifty (50) days or any extension thereof, then the Township, in order to preserve the taxable values of the properties within the development and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of one (1) year. The entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of the year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents and owners of the planned development, to be held by the municipal authority, at which hearing such organization or the residents and owners of the planned development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the municipal authority shall determine that such organization is not ready and able to maintain the common open space in reasonable condition, the municipality may, at its discretion, continue to maintain the common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the municipal authority in any such case shall constitute a final administrative decision subject to judicial review.

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determination, in each year thereafter. The decision of the municipal authority in any such case shall constitute a final administrative decision subject to judicial review. The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned development that have a right of enjoyment of the common open space, and shall become a tax lien on the properties. The Township, at the time of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the planned development. c. Private Roads. The required width of pavement and graded rights-of-way cross section shall be the same as that required for public streets and meet the Township's standards. d. Other Standards. 1. Requirements for single family detached dwellings shall be as follows: (a) Minimum lot size—1 acre (b) Minimum front yard—35 feet (c) Minimum rear yard—45 feet (d) Minimum side yard—20 feet by 20 feet (e) Maximum building height—35 feet (f) Minimum lot width—125 feet (g) Maximum coverage—20 percent (h) Minimum off-street parking spaces—2.5 per dwelling unit 2. Townhouses (RC District) shall be permitted provided that the requirements of the subdivision ordinance are met, as well as the following: (a) Total minimum parcel—10 contiguous acres (b) Minimum lot size—2,500 square feet 33

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(c) Minimum front yard—30 feet (d) Minimum lot depth—100 feet (e) Maximum structural height—3 stories or 35 feet (f) Minimum off-street parking spaces—2.0 per dwelling unit 3. Requirements for mixed forms of dwelling units in a PURD District. (a) Total minimum parcel size—20 contiguous acres (b) Minimum lot size per dwelling unit—2,500 square feet (c) Minimum building size per structure—1,800 square feet (d) Minimum floor area per dwelling unit within a multi-family structure—600 square feet (e) Maximum building height—35 feet (f) Minimum distance between buildings—50 feet (g) Maximum number of dwelling units per grouping—6 (h) Minimum off-street parking stalls per dwelling unit—2.0 4. In all cases where an RC District or a PURD District abuts any other residential zone, there shall be provided within the tract being developed as a PURD or RC, a natural state buffer zone consisting of only upgraded natural land contours and natural or filled in planting, of not less than fifty (50) feet contiguous to the border of the other residential zone. The Planning Board may permit the following alterations to the natural state and none other. (a) The erection of a fence in a size and form acceptable to the Planning Board. (b) Replacement planting to restore any growth damaged or destroyed during construction. e. Townhouse Residential Cluster Developments. A townhouse residential cluster development shall be permitted in the R-3 District as a conditional use under all the requirements and conditions of subsection 25-24.2b(1)(k). f. Townhouse/low-rise residential cluster developments shall be permitted in the R-5 District as a conditional use under all the requirements and conditions of subsection 25-24.2b(1)(l) as amended. (Ord. No. 904-88 § 25-5.4B; Ord. No. 1859-02; Ord. No. 1932-04 § III) 25-11 SUPPLEMENTAL PROVISIONS FOR NON-RESIDENTIAL DISTRICTS AND USES. In addition to the provisions of the Table of District Regulations, every use in a nonresidential district shall be further subjected to all of the following regulations. (Ord. No. 904-88 §

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ND USES. In addition to the provisions of the Table of District Regulations, every use in a nonresidential district shall be further subjected to all of the following regulations. (Ord. No. 904-88 § 25-5.5) 25-11.1 Limitations on Machine Shops and Research Laboratories. In an industrial district, machine shops and research laboratories, experimental or testing, shall be permitted, provided that: a. All phases of the operation, including processing, shipping and employee parking, are accommodated on the same lot. b. Only electric motor power is to be used. c. There is no open storage of waste or scrap material outside of building. 34

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d. There is no light, sound, vibration, or odor emission beyond the property lines. 25-11.2 Side Yards. Side yards of nonresidential buildings on lots which are contiguous to the boundary of any residential district shall have a minimum required width of seventy-five (75) feet. (Ord. No. 904-88 § 25-5.5C) 25-11.3 Buffer Strips in All Nonresidential Districts and for Residential Developments of Ten Acres or Greater. a. In addition to the setback requirements listed in subsection 25-5.1 of the Table of District Regulations, along any side or rear property line which is also the boundary line between a nonresidential district and a residential district or is contiguous to a residential use in a residential zone, a buffer strip shall be planted and maintained in perpetuity with trees and shrubbery of such sizes and densities as to adequately screen the buildings from such abutting residential district or use in a residential zone. The required buffer width shall be fifty (50) feet in all nonresidential zones. These requirements shall also apply to a residential subdivision or site plan on a property that is 10 acres or greater in area, as well as to any residential use permitted by use variance in a non-residential zone. b. The above requirements shall be reduced for lots that are less than 40,000 square feet in area and/or less than 300 feet in width. On such smaller lots, the required buffer width shall be 10 percent of lot width or depth, but not less than 20 feet. c. On wooded sites, existing trees should be saved within buffer strips to the maximum extent possible. Where existing trees would be removed in buffer strips, replacement trees and landscaping shall be provided to form a continuous natural landscape edge. Berming, evergreen trees and/or fencing shall be provided along the interior edge of the buffer (i.e., closest to new development on the site) when adequate natural buffering cannot be provided. d. Aboveground stormwater management facilities shall not be permitted in buffer strips. e. A landscaping plan shall be submitted and approved by the Township Planner and the approved plan shall be kept on file in the Department of Planning and Development. (Ord. No. 904-88 § 25-5.5D; Ord. No. 1062-91; Ord. No.

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ted and approved by the Township Planner and the approved plan shall be kept on file in the Department of Planning and Development. (Ord. No. 904-88 § 25-5.5D; Ord. No. 1062-91; Ord. No. 1458-97 § 1) 25-11.4 Waste Disposal in P-C, O-R, or I District. In a P-C, I or O-R District, every building or group of buildings shall make adequate provisions for the proper disposal of wastes within a screened enclosure. Such provision should be reflected in the preliminary site plan. (Ord. No. 904-88 § 25-5.5E; Ord. No. 1337-95 § 5) 25-11.5 Retail Sales in OB-1, OB-2 and PURD Districts. Retail sales or service permitted as an accessory use in the OB-1, OB-2 and PURD Districts shall be an integral part of the permitted building, shall be limited to sales or services designed for the convenience of the employees, visitors and tenants of the permitted building and no goods, advertisements or other evidence of such sales or services shall be visible from the street. Such use shall not consist of more than fifteen (15%) percent of the total first floor area in the OB-1 and PURD Districts or ten (10%) percent of the gross floor area of the buildings or three thousand (3,000) square feet whichever is less in the OB-2 District and shall be designated on the preliminary site plan. (Ord. No. 904-88 § 25-5.5H) 35

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25-11.6 Open Space in OB-1 and OB-2 Districts. In the OB-1 and OB-2 Districts, one (1) square foot of open space shall be provided for each square foot of building area except that no more than forty (40%) percent of the lot in the OB-1 District nor thirty (30%) percent in the OB-2 District may be covered by buildings or structures. Off-street parking areas are not permitted within open space areas, except for "overflow" parking spaces that are specifically approved by the Planning or Zoning Board and are constructed in a manner acceptable to the Township Engineer. Furthermore, no accessory structure or off-site parking area shall be located within the required front yard no closer than twenty-five (25) feet to the side or rear property lines in the OB-1 District or ten (10) feet to the side or rear property lines in the OB-2 District. (Ord. No. 904-88 § 25-5.5J) 25-11.7 All Uses in the O-R District. A research laboratory such as an experimental or testing laboratory or a pharmaceutical laboratory for research, processing and compounding of drugs and medicines shall be permitted in the O-R District, provided that: a. The use will not create any nuisance beyond the boundaries of its lot by reason of the emission of dust, odors, fumes, noises, vibrations or excessive light. b. The use does not involve production of any commodity for sale or distribution at that location nor regular receipt of material and shipment of products, except, however, that the foregoing limitations and restrictions on the production, sale and distribution of commodities and the receipt and shipment of materials and products shall not apply in the case of a pharmaceutical laboratory for research development, processing and compounding of drugs and medicines, provided that such pharmaceutical laboratory shall comply in all respects to the other requirements of this chapter and all other applicable Township ordinances. c. Provision shall be made for adequate and suitable access facilities for traffic from public streets and sidewalks, and for directional signs, so as to assure the public safety and avoid traffic congestion. d. Provision shall be made for adequate and suitable planting and screening in buffer zone, pursuant to subsection 25-11.15. e. Provision shall be made for adequate and

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