Public Township Council Meeting — Packet

e placed on property within a residential zone for no more than 30 days unless used in conjunction with a construction permit, in which event, it shall be permitted to remain for the duration of the construction permit, but no more than one year. b. A property owner may apply for an extension of the 30 day limitation to the Zoning Officer for good cause, but in no event for more than an additional 30 days. c. No portable storage container shall be placed in any area on a residential property not meeting the accessory structure setback requirements of the zone and in no event shall a portable storage container be placed in a front yard, the public right-of-way, or at any location which obstructs traffic visibility. All portable storage containers shall be placed on a driveway, where possible. d. There shall be a limit of one portable storage container per property. e. The size of a portable storage container shall not exceed ten feet in height and ten feet by twenty feet in width and length. f. The portable storage container and the area surrounding it shall be kept in a neat and clean condition. g. Persons intending to place a portable storage container on a residential property shall first obtain a permit therefor following completion of the relevant application form and payment of a fee of $75.00. 42

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-10 SUPPLEMENTAL PROVISIONS FOR PLANNED DEVELOPMENT DISTRICTS. 25-10.1 Objectives. The Township Council has determined that West Orange contains many unique geological, topographical and environmentally sensitive conditions within its boundaries. Furthermore, the diminishing amount of open space and changes in land development techniques require that new land use control methods be employed to insure that environmentally sensitive areas be protected and that future growth be consistent with the character of the community as a whole and with the goals described by the Revised Comprehensive Master Plan of the Township. Therefore, in order that the public's health, safety and general welfare be furthered and the conservation and more efficient use of energy, materials and open space be encouraged and that a more efficient use of the land and public services be fostered, together with the need to lessen the demand on the community's infrastructure, the Township does hereby provide for the following planned development districts. (Ord. No. 904-88 § 25-5.4A) 25-10.2 Planned Residential Developments. The areas within which the controls of this section shall apply are delineated on the Township Zoning Map and are entitled "Planned Unit Residential Development" (PURD) and "Cluster" (RC) Districts of the Township of West Orange, Essex County, New Jersey, which map is adopted simultaneously herewith. a. Standards of Development. 1. Permitted Uses. The following uses shall be permitted within PURD and RC Districts. (a) Single-family, detached dwelling in the RC District only. (b) Townhouses. (c) Garden Apartments in the PURD District only. (d) Multi-family structures 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

iguous 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. (a) Districts designated as "RC" shall have a maximum density of four (4) dwelling units per gross acre. (b) Districts designated as "PURD" shall have a maximum density of six (6) dwelling units per gross acre. Comment [PG41]: addressed elsewhere in ordinance 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 43

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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 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

tion, 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 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 44

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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. 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

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 (c) Minimum front yard—30 feet (d) Minimum lot depth—100 feet 45

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (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)(lk). 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 § 25-5.5) 25-11.1 Limitations on Machine

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. (Ord. No. 904-88 § 25-5.5A) d. There is no light, sound, vibration, or odor emission beyond the property lines. 46

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-11.2 Watchmen's Quarters. In an I, P-C or O-R District, residence quarters for watchmen or caretakers shall be permitted as an accessory use to the main building on the same lot; in a P-C or O-R District, applicable regulations of R-1, R-2, R-3, R-3AH, R-4, R-5 and R-6 and P-C and O-R Districts shall apply to any residence quarters of watchmen or caretakers. (Ord. No. 904-88 § 25-5.5B; Ord. No. 1144-92) Comment [PG42]: outdated use 25-11.32 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) 25-11.43 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 such a nonresidential district and a residential district or is contiguous to a residential use in a residential zone, a seventy-five (75) foot 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. In the P- C Zone the required buffer shall be one hundred (100) feet, 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. Comment [PG43]: onerous requirement 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,