Public Township Council Meeting — Packet

tute and maintain a civil action. a. For injunctive relief. b. To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55-1.24, provided that the Planning Board or a committee thereof meets regularly on a monthly or more frequent basis and that the Township Council has adopted standards and procedures in accordance with N.J.S.A. 40:55-1.20. (1972 Code § 24-11.2) 32-11.3 Lien. In any civil action referred to in subsection 32-11.2, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his/her assignees or successors. The lien shall secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the 262

DRAFT PROPOSED REVISIONS – OCTOBER 2011 recording of the instrument of transfer, sale or conveyance of the land, or within six (6) years, if unrecorded. (1972 Code § 24-11.3) 32-12 RESERVED. * 32-13 RECYCLING AREA REQUIREMENTS. 32-13.1 Definitions. As used in this section: Multifamily housing development shall mean a building containing three (3) or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings; Recycling area shall mean space allocated for collection and storage of source separated recyclable materials. (Ord. No. 1209-93 § 1) 32-13.2 Required. 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 plan adopted pursuant to section 3 of P.L. 1987, c.102 (N.J.S.A. 12:1E-99.13) and any applicable requirements of the Municipal Master Plan, adopted pursuant to section 26 of P.L. 1987, c.102. (Ord. No. 1209-93 § 2) 32-13.3 Location. 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. (Ord. No. 1209- 93 § 3) 32-13.4 Lighting; Accessibility. 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. (Ord. No. 1209-93 § 4) 32-13.5 Bins and

easures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers. (Ord. No. 1209-93 § 4) 32-13.5 Bins and Containers. 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 * Editor's Note: See also Chapter XXV, Land Use Regulations, subsection 25-8.14, Recycling Facilities. 263

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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. (Ord. No. 1209-93 § 5) 32-13.6 Signs. 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. (Ord. No. 1209-93 § 6) 32-13.7 Landscaping and Fencing. Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner. (Ord. No. 1209-93 § 7) 264

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Township of West Orange Zoning Ordinance, Section 25-7.1 Formatted: Left: 0.75" TABLE OF DISTRICT REGULATIONS – PART A: PERMITTED USES ZONE PERMITTED PRINCIPAL USES PERMITTED ACCESSORY USES PERMITTED CONDITIONAL USES R-1 One family, detached dwelling Required accessory parking Commercial recreation Water reservoir, well tower, filter bed Private garage Public school Federal, state, country or township building. Farm, truck garden /pPrivate school Golf course and golf club house Horticultural or agricultural building Library Farms, nursery, greenhouses and similar uses Customary accessory building or structure Museum Hospital Private swimming pool Park or playground Private recreation facility Public utility building. or structure Home occupation Telephone exchange Home Pprofessional office (home) Private cClub, other than a golf club not conducted as a business Signs Farm produce stand for the sale of produce grown on the premises only Fences and dividing walls House of worshipChurch/parish house Farm - produce stands

Fences and dividing walls House of worshipChurch/parish house Farm - produce stands for produce grown on premises Sunday school building Private storage shed Greenhouses R-2 SAME AS R-1 SAME AS R-1 SAME AS R-1 AND in addition Senior Ccitizens Hhousing project (Sen. C.H.) as defined in Sec. 25-4 R-3 SAME AS R-1 SAME AS R-1 SAME AS R-1 AND in addition Townhouse residential cluster development but EXCLUDING Commercial recreation R-3AH SAME AS R-3 SAME AS R-3 SAME AS R-3 R-4 SAME AS R-1 SAME AS R-1 SAME AS R-1 AND in addition Banquet and Conference centers but EXCLUDING Farm produce stands and Commercial

Farm produce stands and Commercial recreation R-5 SAME AS R-1 SAME AS R-1 SAME AS R-4 AND in addition Hotels and Restaurants on ten (10) or more acres Townhouse/low-rise residential cluster development. Low-Rise apartment dev.Additional off-street parking R-6 SAME AS R-1 SAME AS R-1 SAME AS R-4 AND in addition Additional off-street parking R-T SAME AS R-1 SAME AS R-1 SAME AS R-4 AND in addition AND in addition Two family dwelling Nursing home Twin dwelling Long -term care residential health care facility Additional off-street parking R-G SAME AS R-1 SAME

Additional off-street parking R-G SAME AS R-1 SAME AS R-1 SAME AS R-4 AND in addition AND in addition Garden apartment on site of 5 Aacres or more only Senior citizens' housing complexproject Professional office building. Assisted living Offices for insurance Congregate care facility Banks Nursing homes Long -term care residential health care facility Additional off-street parking 265

DRAFT PROPOSED REVISIONS – OCTOBER 2011 ZONE PERMITTED PRINCIPAL USES PERMITTED ACCESSORY USES PERMITTED CONDITIONAL USES R-M SAME AS R-T SAME AS R-1 SAME AS R-G AND in addition EXCLUDING Apartment housesMulti-family development Public school Private school Public utility building or structure Telephone exchange Library Museum Park or Pplayground OB-1 Same As R-1 Required accessory parking SAME AS R-1 AND in addition Signs EXCLUDING Office Bbuilding Produce stand

Produce stand AND in addition Nursing home/long term care Long-term care residential health care facility Congregate care facility Assisted living Commercial antenna Check cashing facility OB-2 SAME AS OB-1 SAME AS OB-1 SAME AS OB-1 EXCLUDING Check cashing facility AND in addition Senior citizens housing complexproject B-1 SAME AS R-T Required accessory parking Gasoline filling stationMotor vehicle fueling station