§220-6. Residence-Recreational Zones.

A. [Amended by Ord. No. 184; Ord. No. 189] Permitted uses Within any R-R Zone no building or lot shall be used for any purpose except the following

(1) Any use permitted in an R-A Zone as provided in § 220-5A, provided, however, that where property in an R-R Zone is used for residential purposes the requirements of the Limiting Schedule in § 220-3C applicable to R-A Zones shall apply in such cases



(2) Annual or permanent private membership golf clubs having no more than 450 members in all classifications and incorporated pursuant to the provisions of the Revised Statutes of New Jersey, catering primarily to members and their guests subject to the following provisions and requirements

(a) Facilities and uses Such clubs may provide facilities as parks, golf courses, playgrounds, tennis courts and swimming pools, and auxiliary buildings, restaurants, bars and similar facilities accessory thereto No golf club may permit as part of its activities bowling, shooting, horseback riding, roller skating, ice skating on artificially created ice or any other sport not specified herein, except that nothing contained herein shall be deemed to prohibit a club from permitting the carrying on of the activities of croquet, deck tennis, badminton, ice skating on naturally formed ice and indoor table games The outdoor tennis courts and golf facilities may be used only during the period commencing at one hour after sunrise and terminating at one hour after sunset No artificial lighting shall be used on the golf course

(b) Location All buildings and facilities shall be located and constructed in accordance with the following provisions the minimum size of the plot shall be 100 acres No principal building, principal structure or swimming pool shall be located nearer than 200 feet to any adjacent residential property or park area, whether within or without the borough, other than the property on which the principal building, principal structure or swimming pool are to be located, nor shall the same be located nearer than 100 feet to any public street or boundary line, and no tee, green or fairway boundary line shall be located nearer than 100 feet to any public street or boundary line without application being made in either case to the Board of Adjustment of the borough in accordance with the statutes in such cases made and provided, for a special exception from the provisions of this section In the event the Board of Adjustment finds, after public hearing, that the location of any such principal building, principal structure, or swimming pool nearer than the dimensions of this chapter shall not adversely affect the intent and purpose of the zone plan and zoning ordinance of the borough, then and in such case, the Board shall recommend to the Mayor and Council of the borough that the application be granted, and the Mayor and Council of the borough shall have the power to grant such a special exception upon a specific finding by it, that the granting of such special exception will not adversely affect the intent and purpose of the zone plan and zoning ordinance of the borough, nor will the granting of such special exception and approval thereof interfere with the quiet enjoyment of the adjacent properties in the affected area

B. Special uses [Amended by Ord. No. 184; Ord. No. 186]

(1) Entertainment activities. Nothing contained in this chapter shall be deemed to prohibit a golf club from conducting outdoor entertainment activities on its premises for members and their guests When any entertainment activities, whether indoor or outdoor, permit attendance by persons other than members and their guests, no activity shall be held unless and until notification by registered or certified mail, signed receipt, shall first be given to the Chief of Police that the activity is to be conducted, giving to the Chief the date when the activity shall take place, the rime, and the estimated number of persons expected to attend Upon receipt of such notification, the Chief of Police shall immediately notify the Mayor and Council of the anticipated affair and the Mayor and Council shall then grant approval for the holding of same, provided it finds that holding the affair will not result in any excessive traffic problems, nor will it interfere with the peace and quiet of property owners in the area adjacent to or contiguous to the club In the event the club is not notified within 10 days after it has furnished the required notification to the Chief of Police of its intention to hold an affair that its application has been disapproved, its application to hold the affair shall be deemed to be approved In the event the Mayor and Council do not approve the application, then notification shall be given to the club setting forth the reasons for disapproval and the affair may not be held unless and until the objections set forth in the reasons for disapproval shall have been eliminated

(2) Noise in connection with club activities The conduct of any activity at any club which results in the emission of loud noises that constitute a nuisance is expressly prohibited Noise is deemed to constitute a nuisance within this provision when the noise level as measured at any point at a distance of 50 feet from the exterior limits of the property exceeds 60 decibels above the reference level The reference level for noise measurement shall be the American Standards Association standard sound pressure reference level of 0 0002 dyne per square centimeter at 1,000 cycles Instrumentation and methods for the measurement of noise shall be in accordance with the standards, set by the American Standards Association

(3) Exterior lighting All exterior lighting shall not cause unnecessary glare or interfere with the health and comfort of any adjacent or contiguous property owners Exterior lighting other than that essential for the safety and convenience of the users of the premises shall not be maintained without permission first being obtained from the Mayor and Council In considering applications for lighting, permission may be granted upon the finding that the lighting will not cause unnecessary glare or interfere with the health and comfort of any adjacent or contiguous property owners All lighting on the site shall be so shielded that the source thereof will not be visible from outside the site and so that there will be no objectionable glare therefrom observable from outside the site

(4) Nonmember use A club may be permitted to extend the use of its facilities to civic, municipal, community and charitable groups Whenever any group shall desire to use the facilities of the club, the club shall notify the Chief of Police of its intended use setting forth in such notification the date or dates when it is proposed to use the club, the type of affair to be held and the number of persons anticipated to be present in connection with the affair

(5) Signs No signs shall be permitted other than two identification or directional signs with an area of not more than 12 square feet and not to exceed a height of eight feet above ground level and each affixed to the entrance gate or wall, provided that the same first be approved by the Mayor and Council No such approval shall be given unless the Mayor and Council find that the signs in question will not adversely affect the surrounding area nor detract therefrom

(6) Procedure None of the uses permitted in this section shall be established or installed, nor shall any construction work be undertaken in connection therewith, until written application and plans have first been submitted to the Planning Board for its examination The Planning Board shall apply the same practice and standards as provided for in Chapter 195, Subdivision of Land, and for a major subdivision, including, but not limited to, design and layout of buildings, entrance roads, provisions for drainage and sewerage, parking facilities and such other matters as the Planning Board may deem necessary or advisable for the proper development of the district The Planning Board shall hold a public hearing on any application within 30 days from the date of such application and shall then transmit its formal findings and recommendations to the Mayor and Council for their actions In the event of an unfavorable recommendation, the applicant shall have the right within 30 days from the date of such unfavorable recommendation to appeal to the Mayor and Council

(7) Subsequent changes After such approval has been granted, no material changes, alterations or additions to any structures or improvements on the property involved shall be permitted without their first having been approved in the same manner as aforesaid

(8) Sleeping accommodations Nothing contained in this chapter shall be deemed to prohibit any golf club from having therein sleeping accommodations for its members and guests as transients only and not as permanent occupants (permanent occupancy being expressly prohibited), provided, however, that no more than 60 rooms, single or double, having no cooking facilities whatsoever, may be maintained on the property for members and their guests, and no more than 10 rooms, having no cooking facilities, may be maintained therein for employees of the club, without application first being made for special exception from the provisions of this section to the Zoning Board of Adjustment of the borough in accordance with the statutes in such cases made and provided If, after public hearing, the Zoning Board of Adjustment, upon the application for a special exception from the provisions of this section, shall find that the granting of a special exception will not substantially impair the intent and purpose of the zone plan and zoning ordinance of the borough, it shall thereupon recommend to the Mayor and Council that such special exception be granted and the Mayor and Council shall have the power to grant such special exception upon finding by it that the granting of such special exception will not substantially impair the zone plan and zoning ordinance, nor will the granting of such special exception interfere with the quiet enjoyment of the adjacent properties in the affected area Any clubhouse or structure containing sleeping accommodations erected in connection with a golf course located in an R-R District shall be wholly within the confines of the borough

(9) Sewerage charges If, in connection with the construction of a golf clubhouse or any other facilities, it becomes necessary to tie-in to the sewerage system of any adjacent municipality and permission for such a tie-in is obtained, it shall be the obligation of the operator of the golf club to pay any and all tie-in charges and any and all service charges of any kind, nature or description whatsoever which may be imposed by the adjacent municipality In the event such charges shall be made to the borough the operator of the golf club shall pay, in addition to the annual taxes to be assessed against such club, the cost of all tie-in and/or service charges

(10) Other provisions All operations of or at any golf club shall be so conducted that the same will not cause or result in any of the following at any time

(a) Dissemination of nose other than of types that are normal to a residential neighborhood, vibration or electronic interference beyond the boundaries of the site of such establishment



(b) Dissemination of odor, dust, smoke, observable gas or fumes or other atmospheric pollutant

(c) Hazard of fire, explosion or any similar physical hazard

C. Conditional uses Houses of worship in the R-R Residence-Recreational Zone, subject to the provisions of § 220-10 [Amended by Ord. No. 501]

§220-7. R-4 Residential Zone.

[Amended by Ord. No. 416]

A. Permitted uses In the R-4 Zone, no building or lot shall be used for any purpose except as set forth in § 220-5A [Amended by Ord. No. 434; Ord. No. 450; Ord. No. 473]

B. Parking requirements

(1) For residential dwellings A minimum of two parking spaces for each dwelling unit shall be required

(2) Off-street parking Off-street parking shall be set back a minimum of 25 feet from the Closter Dock Road right-of-way

§220-8. P Public Zone.

[Amended by Ord. No. 292; Ord. No. 380]

The zone shall apply to lands owned and used for public purposes on a permanent basis by municipal, county and state governments and agencies No specific requirements are established in this section as to height and bulk of buildings and related requirements, but any development plan shall be submitted to the Planning Board for an advisory review The design standards and such site improvements as are related to borough facilities are as provided in Chapter 179, Site Plan Review

§220-9. B Buffer Zone.

[Amended by Ord. No. 513]

A. Permitted uses

(1) Public or private natural conservation areas

B. Location and setback The B Buffer Zone will extend along the length of Route 9W in the Borough of Alpine, as indicated on the Zoning Map The B Zone shall extend 200 feet to the west of the westerly right-of-way limit of Route 9W



C. Access Reverse frontage with no vehicular access to Route 9W shall be used to the maximum extent possible, subject to Board of Adjustment approval Any access driveway that is provided shall be limited to the minimum disturbance of the buffer zone

D. Landscaping In areas where land is still in its natural state within the buffer, the area shall be left in its natural state, except as otherwise noted in Subsection E Where the Board of Adjustment determines that landscaping is to be provided, plantings shall be provided to form an effective year-round visual and noise screen within the buffer zone

E. Development and utilities The buffer zone may only be used for public or private natural conservation areas except for the purposes of installing utility connections subject to a finding by the Board of Adjustment that the disturbance to buffer zone is minimized to the extent practicable The Board of Adjustment shall determine that if landscaping is to be provided in conjunction with a utility connection, the plantings shall be provided to form an effective year-round visual and noise screen within the buffer zone

F. Calculation of bulk requirements In the event that a property is partly located in the B Buffer Zone and partly in any R Zone District, then that portion of the property located in the B Buffer Zone shall be used for the purpose of computing coverage, rear yard and other bulk requirements referred to in this chapter for purposes of compliance with the appropriate R Zone District requirements

§220-10. Houses of worship.

[Amended by Ord. No. 501]

A. Permitted in certain zones Houses of worship shall be permitted as a conditional use in the following zone districts R-A, R-AA, R-1, R-2, R-2A and R-2B Residence Zones; R-R Residence-Recreational Zone

B. Traffic access In order to provide for adequate traffic flow and safety, access for all houses of worship shall only be provided from the following streets

Route 9W (Palisades Boulevard)

C. Bulk regulations Houses of worship shall comply with the following schedule of bulls regulations.

D. Buffer strip A buffer strip of 100 feet in width shall be required in any yard abutting a residential use or a lot used for residential purposes

(1) Such buffer area shall be planted in at least two rows of evergreen trees at a minimum height of eight feet to 10 feet in a staggered fashion so that the trees in one row will be placed in a position so as to obstruct vision between the trees in the other row Whenever there are existing wooded areas within said buffer area, the Board may, in its discretion, waive the requirement for said planting of evergreen trees Any additional plantings shall avoid disturbance of any existing vegetation on the project site

(2) The buffer strip, once installed, shall be properly maintained so that there will be continuance of the landscaping elements originally required

E. Accessory uses Permitted accessory uses to be located within the principal building shall include only storage areas Accessory structures shall not be permitted

F. Signs Each house of worship shall be permitted one sign not to exceed 12 square feet in area plus customary traffic directional signs, as needed and limited to standard traffic moving instructions such as "stop," "do not enter," "one-way," etc

G. Lighting Any outdoor illumination or lighting of houses of worship or accessory parking or recreation areas shall be subject to Board approval in order to protect adjoining residences from excessive glare

H. Off-street parking Off-street parking shall be provided in accordance with the provisions contained in § 220-17C(5)

I. Residential use No person shall reside on the lot where the house of worship use is located

§220-11. Fair housing.

[Added 7-22-1996 by Ord. No. 525]

Thus section of the Alpine Code sets forth regulations regarding low- and moderate-income housing units in Alpine that are consistent with the provisions of N J A C 5.93 et seq as effective on June 6, 1994 These rules are pursuant to the Fair Housing Act of 1985 and Alpine's constitutional obligation to provide for its fair share of low- and moderate-income housing

A. Alpine's new construction or inclusionary component will be divided equally between low and moderate-income households as per N.J.A.C. 5 93-2 20

B. Except for inclusionary developments constructed pursuant to low-income tax credit regulations

(1) At least 1/2 of all units within inclusionary development will be affordable to low income households,

(2) At least 1/2 of all rental units will be affordable to low-income households, and

(3) At least 1/3 of all units in each bedroom distribution pursuant to N J A C 5 93-7 3 will be affordable to low-income households

C. Inclusionary developments that are not restricted to senior citizens will be structured in conjunction with realistic market demands so that

(1) The combination of efficiency and one-bedroom units is at least 10% and no greater than 20% of the total low- and moderate-income units, and

(2) At least 30% of all low- and moderate-income housing units are two-bedroom units, and

(3) At least 20% of all low- and moderate-income units are three-bedroom units, and

(4) Low- and moderate-income units restricted to senior citizens may utilize a modified bedroom distribution At a minimum, the number of bedrooms will equal the number of senior citizen low- and moderate-income units within inclusionary development

D. In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sale prices

(1) Efficiency units will be affordable to one-person households; and

(2) One-half of all one-bedroom units will be affordable to one-person households and 1/2 of all one-bedroom units will be affordable to two-person households, and

(3) One-half of all two-bedroom units will be affordable to two-person households and 1/2 of all two-bedroom units will be affordable to three-person households, and

(4) One-half of all three-bedroom units will be affordable to four-person households and 1/2 of all three-bedroom units will be affordable to five-person households, and

(5) Median income by household size will be established by a regional weighted average of the uncapped Section 8 income limits published by HUD as per N J A C 5 93-7 4(b), and

(6) The maximum average rent and price of low- and moderate-income units within each inclusionary development will be affordable to households earning 57 5% of median income, and

(7) Moderate income sales units will be available for at least three different prices and low-income units will be available for at least two different prices, and

(8) For both owner-occupied and rental units, the low- and moderate-income units will utilize the same heating source as market units within an inclusionary development, and

(9) Low-income units will be reserved for households with a gross household income less than or equal to 50% of the median income approved by COAH, moderate-income units will be reserved for households with a gross household income less than 80% of the median income approved by COAH as per N J A C 5 93-9 16, and

(10) The regulations outlined in N J A C 5 93-9 16, and

E. For rental units, developers and/or municipal sponsors may

(1) Establish one rent for a low-income unit and one for a moderate-income unit for each bedroom distribution, and

(2) Gross rents, including an allowance for utilities, will be established so as not to exceed 30% of the gross monthly income of the appropriate household size as per N J A C 5 93-7 4(a) The tenant-paid utility allowance will be consistent with the utility allowance approved by HUD for use in New Jersey

F. For sale units

(1) The initial price of a low- and moderate-income owner-occupied, single-family housing unit will be established so that after a downpayment of 5%, the monthly principal, interest, homeowners' insurance, property taxes (based on the restricted value of the low and moderate-income unit) and condominiums or homeowner fee do not exceed 28% of the eligible gross monthly income, and

(2) Master deeds of inclusionary developments will regulate condominium or homeowner association fees or special assessments of low- and moderate-income purchasers at 1/3 of that paid by market purchasers This 1/3 percentage is consistent with the requirement of N J A C 5 93-7 4(e) Once established within the master deed, the percentage will not be amended without prior approval from COAH, and

(3) The Borough of Alpine will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N J A C 5.93-9 3, and

(4) Alpine will require a certificate of reoccupancy for any occupancy of a low- and moderate-income sales unit resulting from a resale as per N J A C 5 93-93(c), and

(5) Municipal, state, nonprofit and seller options regarding sale units will be consistent with N J A C 5 93-9 5 to 9 8 Municipal rejection of repayment option for sale units will be consistent with N J A C 5 93-9 9, and

(6) The continued application of option to create, rehabilitate or maintain low- and moderate-income sale units will be consistent with N J A C 5 93-9 10, and

(7) Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N J A C 5-93-9 11, and



(8) The regulations detailed in N J A C 5 93-9 12 to 9 14 will be applicable to low- and moderate-income units that are for sale units

G. In zoning for inclusionary developments the following is required

(1) Low- and moderate-income units will be built to accordance with N J A C 15 93-5 6(d)

(2) A design of inclusionary developments that integrates low- and moderate-income units with market units is encouraged as per N J A C 5 93-5 6(e)