22-11 CONSTRUCTION OF PROVISIONS; REPEALER; PENDING APPLICATIONS.
22-11.1 Construction of Provisions as Minimum Requirements.

All standards and restrictions set forth in this Chapter shall be interpreted and applied as minimum requirements. Nothing herein contained shall be construed to prohibit or prevent the use of higher or more restrictive standards or requirements that may appear in any other lawfully applicable statutes, ordinances, regulations, rules, deed restrictions or covenants. (Ord. #595; 1976 Code § 145-48)

22-11.2 Applicability of Uniform Construction Code Ordinance.

Whenever the clear context of this Chapter does not require a contrary interpretation, this Chapter shall be read in part material with the Construction Code Ordinance as adopted, amended and supplemented. All references to Building Inspector in this Chapter shall be deemed to refer to the Construction Code Official under the Uniform Construction Code Ordinance. (Ord. #595; 1976 Code § 145-49)

22-11.3 Applicability of Municipal Land Use Law.

Whenever the definitions, terms of provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are inconsistent with the definitions, terms or provisions of this Chapter, the provisions of N.J.S.A. 40:55D-1 et seq. shall govern, including, without limitation, the time periods therein provided, the penalty provided therein for transfer or sale of land without subdivision approval and any governing statutory procedural requirements. (Ord. #595; 1976 Code § 145-50)

22-11.4 Repealer-, Effect on Other Ordinances.

This Chapter is intended to constitute the Comprehensive Site Plan Ordinance of the Township of Mahwah, and all prior ordinances or parts of ordinances that are not incorporated into or adopted by reference by this Chapter and that are inconsistent with the provisions of this Chapter are hereby repealed. Ordinance No. 536, adopted May 8, 1975, is specifically repealed. This Chapter shall be subordinate to Controlled Economic Development Ordinance No. 462 insofar as any conflicting standards may appear. (Ord. #595; 1976 Code § 145-51)

22-11.5 Pending Applications.

Notwithstanding the Repealer of prior ordinances as set forth in subsection 22-11.4, all applications for development properly and timely made pursuant to prior ordinances prior to the effective date of this Chapter may be continued, but shall be processed in accordance with the substantive and procedural requirements of this Chapter. (Ord. #595; 1976 Code § 145-52)

22-11.6 ML-1 and ML-2 Applications for Development.

Notwithstanding any of the provisions of Chapter XXII entitled Site Plan Review or Chapter XXVI entitled the Land Subdivision, following provisions shall apply to all applications for development in the ML-I and ML-2 zones:

a. Phasing.

1. The approving agency may require the construction of a development in two (2) or more stages and may phase the construction of stages in periods of two (2) or three (3) years between issuance of building permits for each stage.

2. Within the entire development if developed in one (1) step, or within each stage if the development is a staged project, lower income housing shall be phased in accordance with the following schedule:

The above percentage shall refer to the percentage of total dwelling units having final site plan or subdivision approval and the percentage of lower income dwelling units completed and certificate of occupancy issued.

b. Fees and Waivers of Fees.

1. The applicable approving agency shall waive subdivision and site plan application fees for every unit designated as lower income housing.

2. For all non-lower income units the following fees shall accompany the appropriate application.

(a) Filing fee for preliminary approval: One hundred ($100.00) dollars plus five ($5.00) dollars for each proposed dwelling unit.

(b) Filing fee for final approval: Two dollars and fifty ($2.50) cents for each proposed market rate dwelling unit.

3. Notwithstanding any other ordinance requirement of the Township, professional and legal review fees shall be proportionately reduced by the percentage of lower income units contained in the development.

4. The applicant shall deposit the sum of five (5%) percent of the cost of site improvements to cover engineering inspection or other inspections or review of the project. Such sum shall be in the form of escrow accounts in amounts and in a form acceptable to the approving agency. Such funds shall be used by the Township only for purposes relating to the application, and shall be expended only for the actual outlays incurred as a result of the application. If actual inspection costs based upon time and expense records are less than the five (5%) percent deposited, the balance shall be returned to the applicant. If actual costs based upon time and expense records are more than the five (5%) percent deposited, the applicant shall pay that amount to the Township.



c. Application Procedure for Development in the ML-1 or ML-2 Zone.

1.An applicant for development in the ML-1 or ML-2 zone shall submit required plans and documents to the approving agency for review and approval as required by the Township subdivision and site plan ordinances. The approving agency shall distribute the plans to those agencies required by law to review and/or approve development plans and to Township agencies which normally review development plans.

2. The approving agency shall hold a public hearing on the application. The hearing shall be held not less than thirty (30) days nor more than forty-five (45) days from the date of submission of a complete application. Approvals shall be governed by N.J.S.A. 40:55D-46 and N.J.S.A.- 40:55D-48.

3. Notwithstanding any other ordinance requirement of the Township of N.J.S.A. 40:55D46 or N.J.S.A. 40:55D-48, the time period for official action on complete subdivision and site plan applications for preliminary approval shall be seventy-five (75) days unless the application is for less than ten (10) lots or less than ten (10) acres or unless the applicant consents to an extension of time.

4. In addition to material submitted for review as required by the Township subdivision and site plan ordinances, the applicant must also submit a housing plan detailing the type, sale, and rental schedule for all housing units. This plan shall include but not be limited to information according to the following:

(a) Marketing of units.

(b) Sale price and rent schedule.

(c) Number of units to be sold and/or rented.

(d) Number of bedrooms.

(e) Square footage of units.

(f) Other reasonable information as required by Mahwah Housing Commission and/or Planning Board.

d. Development Standards.

1. Gross density shall not exceed fourteen (14) dwelling units per acre.

2. No more than eighteen (18) dwelling units shall be permitted within a residential structure.

3. Setbacks and Buffer Zones:



(a) From a collector street - thirty-five (35') foot setback.

(b) From all tract lot lines:

(1) For tracts less than five (5) acres - a minimum setback of twenty (20') feet shall be required in the ML-1 and ML-2 zones.

(2) For tracts greater than five (5) acres - a minimum buffer of fifty (50') feet and a maximum buffer of one hundred (100') feet shall be provided in all ML-2 zones. The approving authority shall consider the following performance standard: topography of area, extent of natural ground cover, relative location of proposed structures, localized density, nature of adjacent zone and land uses, extent of pedestrian and vehicular activity and any other site condition factors deemed relevant by the approving agency. The use of site screening design devices such as berms, specialized landscaping, fencing, and other similar devices shall be encouraged by the approving agency. In the ML-1 zone, the buffer shall be a minimum of thirty-five (35') feet and a maximum of fifty (50') feet, subject to the performance standards noted above. For tracts greater than five (5) acres in the ML-1 zone, said buffer shall be a minimum of thirty-five (35') feet and a maximum of fifty (50') feet subject to the performance standards specified herein.

(c) Residential structures shall be set back no less than twenty-five (25') feet from any paved vehicular traveled way or parking area.

4. Building Height. No structure shall exceed the lesser of three (3) stories or thirty-five (35') feet in height.

5. Distance Between Buildings. The minimum distance between any two (2) buildings shall not be less than the average height above finished grade of the higher of two (2) opposing walls, but shall in no case be less than twenty (20') feet.

6. Parking Requirements.

(a) Parking stalls shall measure not less than nine (9') feet in width and eighteen (18') feet in length.

(b) There shall be a minimum of one and one-half (1-1/2) parking spaces provided for each one (1) bedroom dwelling unit and two (2) parking spaces for all other dwelling units.

(c) The width of all aisles providing direct access to individual parking stalls shall not be less than: