Regulations controlling the R-1B Single-Family/Senior Citizen Residential Zone District shall be as follows:
A. Permitted uses. [Amended 11-13-1995 by Ord. No. 708; 83-1998 by Ord. No. 751]
(1) Single-family detached dwelling units in accordance with the R-1 Zone District regulations.
(2) Borough parks, playgrounds and other such municipal buildings and uses as are deemed appropriate and necessary by the Borough Council.
(3) Other public buildings of a governmental or cultural nature, provided that such buildings shall be located on a minimum lot area of forty-five thousand (45,000) square feet.
(4) Planned senior citizen residential developments as defined in this chapter comprised of apartments, townhouse or other architectural design of multifamily housing in accordance with the following:
(a) The maximum density shall be twelve and one-half (12.5) units per gross acre within the R-1B Zoning District portion of the overall planned senior citizen development. All structures shall comply with minimum New Jersey Housing Mortgage Finance Agency and U.S. Department of Housing and Urban Development standards for senior citizen housing including minimum dwelling unit size, number of units per structure, minimum distance between buildings and other design standards.
(b) Dwelling unit sizes.
[1] Dwelling unit sizes for conventional age restricted housing units shall provide minimum square footage of habitable living areas as follows:
[2] No units shall have more than two (2) bedrooms.
(c) All conventional multi-family housing development shall include provisions for contracted services for meals and intermittent medical and social services for a period of time to extend not more than three (3) years following the assumption of the facilities by the homeowners association at which time the homeowners association may determine whether such services shall be continued on a private or nonprofit basis.
(d) Recreation areas(s) shall be provided within the development site. Six and one-quarter percent (6.25%) of the gross tract area shall be provided for recreation areas and facilities of which one-half (1/2) of the area (3.125% of the site) shall be designed for active recreation facilities, such as shuffleboard, a swimming pool, tennis courts, boccie court, ball and/or playfield area. No active recreation facilities shall be permitted in the front yard. Developments which are part of a planned senior citizen development option in accordance with Section 94-10.5F shall provide recreation facilities in accordance with the provisions of that section.
(e) Buffers shall be provided abutting nonresidential zones at a minimum depth of fifty (50) feet in accordance with the provisions of Section 94-8.6.
(f) Signs, subject to the provisions of Section 948.43 and Section 94-10.5(l)(c).
(g) Fences and hedges, subject to the provisions of Section 94-8.16.
(5) Assisted living residences. Assisted living residences as defined in this chapter shall be permitted for adults aged fifty-five (55) and over. Said assisted living residences shall include personal care amenities. All assisted living residences shall include provisions for the services set forth in this section and for contracted services for meals and intermittent medical and social services and such other services as may be required by the State of New Jersey and any agency regulating the ownership, maintenance and operation of an assisted living residence. An assisted living residence shall be developed in accordance with the following regulations:
(a) Density and housing unit distribution. There shall be no more than three (3) dwelling units per gross acre for the entire tract included in the general development plan. Notwithstanding the permitted densities, a planned senior citizen development with assisted living residences shall not have more than one and sixty-seven/one hundredths (1.670) units per acre in the R-1A portion of the site and not more than thirteen and one-half (13.5) housing units per gross acre in the R-1B portion of the site.
(b) All structures shall comply with minimum New Jersey Housing Finance Agency, New Jersey Department of Health and United States Department of Housing and Urban Development standards for the number of units per structure, distance between buildings and other design standards.
(c) Dwelling unit sizes and requirements for ALR's.
[1] Dwelling unit sizes shall provide minimum square footage of habitable living areas as follows:
[2] No units shall have more than two (2) bedrooms.
[3) Each dwelling unit shall contain a bathroom with a toilet, bathtub and/or shower and hand washing sink.
[4] Each dwelling unit shall contain, at a minimum, a refrigerator, a cabinet for food storage, a bar-type sink and space with electrical outlets suitable for small cooking appliances, for example, a microwave. a two-burner cooktop or a toasteroven.
(d) Parking shall be provided and constructed in accordance with the provisions of Section 948.26.
(e) Vehicular access.
[1] Notwithstanding any other provisions of this chapter or other chapters of the Borough Code to the contrary, any assisted living residence shall be required to construct and maintain a means of vehicular access to the assisted living residence, whether designated in plans or resolutions as a cartway, driveway, or by any other means, in accordance with the construction standards for public streets within the borough.
[2] No. assisted living residence shall be permitted which does not have frontage on a public street unless vehicular access to a public street is available through recorded easements and restrictions providing access to public streets over access ways which have been improved to meet borough construction standards with security to ensure maintenance for the effective life of those streets.
(f) Services required.
[1] An assisted living residence shall provide the following services to residents. The ALR services shall be provided only to residents of assisted living residences, persons visiting residents of assisted living residences, the employees of assisted living residences and residents of the planned senior citizen development in the R-1A Zone, it being the intention that such services shall not be commercial establishments open to the public at large.
[a] Assistance with personal care, nursing, pharmacy, dining, activities, recreational and social work services to meet the individual needs of each resident; and
[b] Resident transportation, either directly or by arrangement, to and from health care services provided outside the residence, as well as for transfer of records and resident information to and from the service provider; and
[c] Security and accountability for residents and their personal possessions; and
[dl Assistance in arranging for transportation to activities of social, religious and community groups, in which residents choose to participate.
[e] Emergency medical services.
[2] An assisted living residence shall maintain the following agreements pertaining to services:
[a] A written referral and/or transfer agreement with: at least one (1) licensed acute care hospital in New Jersey; and at least one (1) licensed state, county or private psychiatric hospital in New Jersey; and at least one (1) New Jersey licensed long term care facility.
[b] A written plan for arranging for emergency transportation of residents for medical care and returning them to the assisted living residence.
(g) Qualification of residents. The admission and residency requirements of an assisted living residence shall restrict admission and occupancy to residents who:
[1] Do not require twenty-four (24) hour a day, seven (7) day per week nursing care; or
[2] Are not bedridden for more than fourteen (14) consecutive days; or
[3] Are not consistently and totally dependent in four (4) or more of the following activities: eating, bathing, dressing, grooming or toileting.
[4] Do not have a cognitive decline severe enough to prevent the making of simple decisions regarding activities such as bathing, dressing and eating and cannot respond appropriately to cuing and simple directions; or
[5] Do not require treatment of a stage three (3) or four (4) pressure sore or multiple stage two (2) pressure sores; or
[6] Do not require more than assistance with transfer as defined in N.J.A.C. 8:36-1.3; or
[7] Are not a danger to self or others; or
[8] Do not have a medically unstable condition and/or special health problems, and a regimen of therapy cannot be appropriately developed and implemented in the assisted living environment.
(h) Recreation areas shall be provided within the development site in accordance with Section 94-10.5F.
(i) Buffers shall be provided abutting nonresidential zones at a minimum depth of fifty (50) feet in accordance with the provisions of Section 94-8.6.
(j) Signs, subject to the provisions of Section 948.43 and Section 94-10.5F(l)(c).
(k) Fences and hedges, subject to the provisions of Section 94-8.16.
(l) Upon approval of a general development plan which includes development of the property located in the R-1B Zone for an assisted living residence in accordance with this Section 94 10.6(A)(5), the property within the R-1B Zone shall be included in the overall general development plan and either:
[1] all open space areas and the utilities, roadways, and other common facilities within and used in connection therewith which are so designated or delineated on the general development plan shall be owned and maintained by the organization established in accordance with Section 94-6.8A-1(6)(c); or
[2] the property located within the R-1B Zone may be subdivided from the remaining land in the general development plan as a separate lot, independent of the remaining portion or portions of the general development plan tract. In the event the R-1B property shall be subdivided as herein provided, such subdivision shall be conditioned upon and subject to such agreements, covenants and restrictions of record as are necessary or required to establish the extent of the obligations of the owner of property within the R-1B Zone for the maintenance of the open space areas within the general development plan tract and the utilities, roadways, and other common facilities within and used in connection with the general development plan tract. Notwithstanding the subdivision of the property located within the R-1B Zone into a separate lot, access to the recreation and personal care amenities located in the R-1B Zone shall be available to all residents of the R-1A Zone, and all club houses, recreation facilities and other common facilities located in the R1A Zone shall be available to all residents of the R-1B Zone.
Regulations controlling the B-1 Business Zone District shall be as follows:
A. Permitted uses.
(1) Within any B-1 Zone, no building or land shall be used in whole or in part for any industrial or manufacturing purpose or for any other than the following specified purposes:
(a) Stores and shops for the conduct of any retail trade or service use, such as but not limited to general merchandise stores; furniture, home furnishings and equipment stores; household appliance, radio and television and music stores; apparel and accessory stores; drugstores; jewelry stores; barbershops; shoe repair shops; bakeries; laundromats; florist shops; beauty shops; tailor shops; and similar service uses.
(b) Banks, fiduciary institutions and indoor theaters.
(c) Business and professional offices.
(d) Telephone exchanges, telegraph and express offices.
(2) For the above uses, no wholesale merchandising or distributing shall be permitted and no merchandise shall be carried or stored in or about the building, structure, enclosure or land other than that intended to be sold at retail within such building, structure, enclosure or land. No business or use shall be carried on in connection with any merchandising establishments or permitted in any building, structure or upon any land which is or is likely to be injurious, obnoxious, offensive or dangerous, by reason of noise, smoke, odor, gas, dust or other objectionable or hazardous features, or which for any reason would hinder, interfere with or detrimentally affect the health, safety, comfort or general welfare of the borough.
(3) Only electric motive power shall be used for operating any machinery used incidentally to a permitted use. No junk, defunct motor vehicles, scrap materials or motor vehicles advertised for sale or held as stock-in-trade shall be stored or allowed to remain out of doors.
B. Prohibited uses. In addition to prohibited uses included in Section 94-10.3, residential uses and dwellings are hereby prohibited within the B-1 Zone District, except that existing residential uses or dwellings now within the district may be continued, repaired, extended or rebuilt.
C. Permitted accessory uses.
(1) Private garages subject to the provisions of Section 94-8.19.
(2) Other customary accessory uses and buildings, subject to Section 94-5.8, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory use shall be located on the same lot as principal building.
(3) Signs, subject to the provisions of Section 94-8.34.
(4) Fences and hedges, subject to the provisions of Section 94-8.16.
(5) Off-street parking, subject to the provisions of Section 94-8.26.
D. Conditional uses, subject to the provisions of Article IX of this chapter.
(1) Places of worship.
(2) Educational uses.
(3) Public utilities.
E. Standards and regulations shall be in accordance with the provisions of this chapter and with the schedule referred to in Section 94-10.1 and contained herein.
Regulations controlling the B-2 Business Shopping/Office Center Zone District shall be as follows:
A. Permitted uses. No building shall hereafter be erected and no existing building shall be moved, altered, enlarged or rebuilt nor shall any land be designed, used or intended to be used for any purpose other than the following:
(1) Shopping centers incorporating those uses permitted in the B-1 Business Zone. It is the intent of this chapter that development in the B-2 Zone District situated between White Street and Monroe Avenue shall achieve the Master Plan objective of becoming a commercial and business center.
B. Prohibited uses. In addition to prohibited uses included in § 94-10.3, residential uses and dwellings are hereby prohibited within the B-2 Zone District.
C. Permitted accessory uses.
(1) Private garages, subject to the provisions of § 948.19.
(2) Other customary accessory uses and buildings, subject to § 94-5.8, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory use shall be located on the same lot as the principal building.
(3) Signs, subject to the provisions of § 94-8.34.
(4) Fences and hedges, subject to the provisions of § 948.16.
(5) Off-street parking, subject to the provisions of § 948.26.
D. Conditional uses, subject to the provisions of Article IX of this chapter.
(1) Public utilities.
E. Standards and regulations shall be in accordance with the provisions of this chapter and with the schedule referred to in § 94-10.1 and contained herein.
Regulations controlling the HC/PO Highway Commercial/ Professional Office Zone District shall be as follows:
A. Permitted uses.
(1) Any use permitted in the B-1 Zone District, except shopping centers.
(2) New and used automobile sales, servicing and repair, provided that any repairs, vehicle processing and sales offices shall be contained within a structure.
(4) Any use permitted in subsection A.(1) of the Light Industrial Zone District, subject to the same requirements therein. Uses which as prohibited by Section 94-10.11B. Prohibited uses, in the LI Light Industrial Zone District shall also be prohibited in the HC/PO Zone District. [Added 7-14-97 by Ord. No. 737]
B. Prohibited uses.
(1) Any prohibited uses contained in § 94-10.3.
(2) Residential uses and dwellings are hereby prohibited with the HC/PO Zone District.
(3) Industrial, manufacturing or warehousing, including miniwarehousing and including such prohibited uses listed in the LI Light Industrial Zone District in § 94- 10.11B.
C. Permitted accessory uses.
(1) Private garages, subject to the provisions of § 948.19.
(2) Other customary accessory uses and buildings, subject to § 94-5.8, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory use shall be located on the same lot as the principal building.
(3) Signs, subject to the provisions of § 94-8.34.
(4) Fences and hedges subject to the provisions of § 948.16.
(5) Off-street loading, subject to the provisions of § 948.25.
(6) Off-street parking, subject to the provisions of § 948.26.
