Public Township Council Meeting — Packet

onse is received. Approval of a commercial antenna may be granted by the Planning Board upon a finding that the site plan and design are structurally sound and conform to local engineering regulations, that the antenna does not result in an undue concentration of such structures in particular location, and that the antenna meets the height limitations hereinafter set forth. b. Applications to the Planning Board for approval of a commercial antenna shall clearly state the number, location and size of all radiating elements. The addition or change in location of any radiating element or elements after Planning Board approval shall be preceded by the submission of a new application for approval which shall set forth the number, location and size of any such addition or change in location of a radiating element and any necessary amendments to prior documents, including the engineering report with respect to radiation. c. The Planning Board may deny or limit approval of a commercial antenna if it reasonably concludes that the number, size and location of the radiating elements are not required for the proposed operation under FCC license, are intended for rental, lease or sale to other persons for unrelated operations and impair the visual environment. d. Each application for Planning Board approval hereunder shall include, if not heretofore placed on file with the Planning Board, a true copy of applicant's FCC Applications and FCC Filings relating to existing or proposed operation with the Township of West Orange made within three (3) years of the application. After the date of filing of the application with the Planning Board and thereafter, unless approval is finally denied, applicant shall promptly serve on the Planning Board a true copy of each FCC filing made by applicant. e. No commercial antenna shall exceed a height of two hundred (200) feet. (Ord. No. 904-88 § 25-5.2G) 32

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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 §

dditional 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 On-Site Detention of Storm WaterReserved. a. Findings. It is recognized that the receiving streams within the Township do not have the capacity to receive and convey the increased storm water runoff resulting from rapid development occurring in many areas of the community. These receiving streams are subject to frequent flooding which has resulted in a growing rate of property damage. In order to reduce the rate of such damage it is hereby determined that a system of storage and controlled release of such storm water is essential. b. Applicability. This section shall apply to all nonresidential and multi-family developments exceeding one (1) acre in area and to all residential developments exceeding five (5) acres. c. Requirements. 1. All developers whose projects fall within the limits defined in this subsection must provide facilities for a combination of storage and controlled release of storm water runoff in accordance with the requirements of this section. 33

DRAFT PROPOSED REVISIONS – OCTOBER 2011 2. The maximum release rate of storm water from all developments requiring detention shall not exceed the storm water runoff rate from the area in its natural undeveloped state, unless the applicant can show by his/her detailed plans, cross sections and calculations that the carrying capacity of the ultimate receiving stream in the Township has been or will be improved to adequately serve the area in question. 3. The live detention storage to be provided shall be calculated on the basis of the one hundred (100) year frequency rainfall. The detention volume required will be that necessary to handle the runoff of a volume discharged at the approved release rate. d. Enforcement. 1. The Township Engineer is hereby designated the Enforcement Officer under this subsection. 2. The Construction Official shall withhold issuing a Certificate of Occupancy for any project which is not in full compliance with this subsection as approved by the Township Engineer or his/her designated representative. (Ord. No. 904-88 § 25-5.2K) Comment [PG34]: addressed elsewhere in ordinance 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;

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 *Editor's Note: See also Chapter XXXII, Land Subdivision, Section 32-13, Recycling Area Requirements. 34

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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. 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 §

t 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 make every reasonable attempt to install and maintain any roofleaders, downspouts, and/or any other storm drainage system so that runoff is not directed onto any neighboring from unduly interfering with the properties. surrounding the homeowner. (Ord. No. 1808-02 § II) 25-9 SUPPLEMENTAL PROVISIONS FOR RESI-DENTIAL 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) 35

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-9.2 Housing of Animals. a. 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 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. b. In any residential district, not more than three (3) household pets shall be permitted, provided, however, this shall not be construed to permit any business activity involving the breeding, boarding, care or sale of household pets. (Ord. No. 904-88 § 25-5.3B; Ord. No. 1754-01 § II) Comment [PG35]: removed due to inconsistency with other Township ordinances 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) 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,

ight 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 familyunit. 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 Room Schedule: 1. Efficiency apartments (consisting of living room/bedroom combination, kitchen, bath), not more than fifteen (15%) percent of total apartments in any one (1) project. 36

DRAFT PROPOSED REVISIONS – OCTOBER 2011 2. One (1) bedroom apartments, not more than fifty (50%) percent of total apartments in any one (1) project. 3. Two (2) bedroom apartments, not more than thirty (30%) percent of total apartments in any one (1) project. 4. Three (3) bedroom apartments, not less than ten (10%) percent of total apartments in any one (1) project. 5. The use of a living room or dining room as a bedroom is expressly prohibited with the exception of an efficiency apartment which permits a living room/bedroom combination. Comment [PG36]: unnecessary regulations i. Garden apartment project sites shall contain five two (52) 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 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) 25-9.7 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