A. Permitted principal uses. The following shall be permitted uses in all R-1 Zones:
(1) Single-family detached dwellings.
(2) Such municipal buildings, parks, playgrounds or other municipal facilities as are deemed necessary and appropriate by the governing body.
(3) Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
B. Permitted accessory uses. The following shall be permitted accessory uses in all R-1 Zones, in addition to and in accordance with the provisions of § 242-15, Accessory buildings and structures:
(1) Home gardening.
(2) Signs in accordance with § 242-29, Signs.
(3) Home occupations in a single-family detached dwelling in accordance with § 242-31.
(4) Professional offices in residential zone in a single-family detached dwelling in accordance with § 242-32.
(5) Private swimming pools.
(6) Fences.
(7) Private piers and boathouses and docks in accordance with § 242-30.
(8) Other customary accessory uses and buildings, such as detached garages, yard utility buildings and off-street open parking, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business.
(9) Temporary housing to be located on a property wherein the principal structure has been destroyed or damaged by a fire or other catastrophe, subject to the following conditions: [Added 12-20-1991 by Ord. No. 43-91]
(a) Adequate provision for water supply shall be provided.
(b) Adequate provision for sewage shall be provided.
(c) Adequate provision for electric and other utility service shall be provided.
(d) Adequate area on the site to accommodate the temporary housing shall be provided.
(e) The occupants shall be the same as the ones of the principal structure.
(f) Such temporary housing shall be removed within a maximum period of nine months or upon the completion of the restoration of the principal structure, whichever is less.
C. Conditional uses. The following shall be permitted conditional uses in R-1 Zones:
(1) Public utility installation.
(2) Hospitals. [Amended 2-22-1989 by Ord. No. 10-89]
(3) Churches or places of worship and religious instruction.
(4) Country clubs and community centers.
(5) Outdoor recreation facilities.
D. Requirements. Area, yard and building requirements shall be as follows:
(1) Minimum lot size: 15,000 square feet.
(2) Minimum lot width.
(a) Interior: 120 feet.
(b) Corner: 145 feet.
(3) Minimum lot depth: 100 feet.
(4) Minimum front yard setback: 40 feet; provided, however, that as to lots on developed streets, the Zoning Officer may, upon receipt of adequate documentation, issue a permit to construct a dwelling in accordance with the prevailing setback line of buildings upon said street, but not closer than 20 feet to the right-of-way line.
(5) Minimum side yard setback. [Amended 4-5-1990 by Ord. No. 11-90]
(a) Each side: 15 feet for principal buildings, except that as to existing nonconforming lots which are 80 feet in width or less, each principal building shall be provided with two side yard spaces totaling a minimum of 20 feet in width, the minimum width of any side yard being not less than 10 feet.
(b) Each side: 15 feet for accessory uses.
(6) Minimum rear yard: 20 feet for a principal structure, and six feet or half the height of the accessory use, whichever is greater, for an accessory use. Further, no accessory building in a rear yard shall be closer to any side lot line than six feet or half the height of the accessory use, whichever is greater. [Amended 4-5-1990 by Ord. No. 11-90]
(7) Maximum building height: for a principal use, the lesser of 35 feet or 2 1/2 stories, and for an accessory use, 18 feet. [Amended 4-5-1990 by Ord. No. 11-90]
(8) Maximum lot coverage: 25%. Notwithstanding the provisions of any other part of this chapter, lot coverage includes all building structure footprints and overhangs, including all areas under roof supported by columns but not having enclosing walls, covered decks, solid fiberglass decks, asphalt, concrete or similar types of pavement and/or walkways. Lot coverage shall not include timber and/or plastic or composite decks with spaces between the decking, all pools, driveways and/or walkways made with gravel, shells or crushed stone surfaces, open grid pavers, pervious pavers and stepping-stone-type driveways and/or walkways. [Amended 4-5-2006 by Ord. No. 7-2006; 10-18-2006 by Ord. No. 29-2006]
(9) Maximum building footprint coverage: 15%. [Amended 4-5-1990 by Ord. No. 11-90; 6-19-2002 by Ord. No. 20-2002; 4-5-2006 by Ord. No. 7-2006]
E. Any lot located in the R-1 Zone containing 14,999 square feet or less shall comply with the following building footprint coverage and lot coverage standards. [Added 4-5-2006 by Ord. No. 7-2006]
(1) Maximum building footprint coverage: 20%.
(2) Maximum lot coverage: 35%.
A. Permitted principal uses. The following shall be permitted uses in all R-2 Zones and Districts:
(1) Agricultural uses on lots five acres or larger in area in accordance with § 242-33, Agricultural uses.
(2) Single-family detached dwellings.
(3) Such municipal buildings, parks, playgrounds or other municipal facilities as are deemed necessary and appropriate by the governing body.
(4) Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
B. Permitted accessory uses. The following shall be permitted accessory uses in all R-2 Zones, in addition to and in accordance with the provisions of § 242-15:
(1) Customary farm buildings for the storage of products or equipment located on the same parcel as the principal use.
(2) Private piers, boathouses and docks in accordance with § 242-30.
(3) Signs in accordance with § 242-29.
(4) Home occupations in a single-family detached dwelling in accordance with § 242-31.
(5) Professional offices in residential zones in a single-family detached dwelling in accordance with § 242-32.
(6) Private swimming pools.
(7) Fences.
(8) Private garages.
(9) Home gardening.
(10) Other customary accessory uses and buildings, such as detached garages, yard utility buildings and off-street open parking, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business.
C. Conditional uses. The following shall be permitted conditional uses in all R-2 Zones:
(1) Public utility installations.
(2) Hospitals. [Amended 2-22-1989 by Ord. No. 10-89]
(3) Churches or places of worship and religious instruction.
(4) Country clubs and community centers.
(5) Outdoor recreation facilities.
D. Requirements. Area, yard and building requirements shall be as follows:
(1) Minimum lot size: 60,000 square feet.
(2) Minimum lot width.
(a) Interior: 150 feet.
(b) Corner: 175 feet.
(3) Minimum lot depth: 150 feet.
(4) Minimum front yard setback: 50 feet or that prevailing for adjacent lots on the same street frontage, but not less than 30 feet.
(5) Minimum side yard setback.
(a) Each side: 30 feet for principal buildings.
(b) Each side: 30 feet for accessory uses.
(6) Minimum rear yard: 30 feet for principal buildings and 20 feet for accessory uses. Further, no accessory building in a rear yard shall be closer than 30 feet to a side lot line.
(7) Maximum building height: the lesser of 35 feet or 2 1/2 stories.
(8) Maximum lot coverage: 20%. Notwithstanding the provisions of any other part of this chapter, lot coverage includes all building structure footprints and overhangs, including all areas under roof supported by columns but not having enclosing walls, covered decks, solid fiberglass decks, asphalt, concrete or similar types of pavement and/or walkways. Lot coverage shall not include timber and/or plastic or composite decks with spaces between the decking, all pools, driveways and/or walkways made with gravel, shells or crushed stone surfaces, open grid pavers, pervious pavers and stepping-stone-type driveways and/or walkways. [Amended 4-5-2006 by Ord. No. 7-2006; 10-18-2006 by Ord. No. 29-2006]
(9) Maximum building footprint coverage: 15%. [Amended 6-19-2002 by Ord. No. 20-2002; 4-5-2006 by Ord. No. 7-2006]
E. Open space zoning requirements.
(1) Open space zoning may be utilized in this zone in accordance with § 242-50, Open space zoning.
(2) Any subdivision employing open space zoning shall not he approved if there is more than one building lot per 60,000 square feet, including all lands to be reserved as open space. The minimum lot area shall not be less than 25,000 square feet.
(3) Minimum lot width, depth, yards, height and lot coverage limits and usable floor space requirements shall be as provided for in § 242-38.
A. Permitted principal uses. The following uses are permitted principal uses in the R-2T Zone: [Amended 12-17-2003 by Ord. No. 23-2003]
(1) All uses permitted in R-2 Zones.
(2) Townhouses in accordance with Subsection C of this section.
(3) Senior citizen apartments in accordance with Subsection D of this section.
B. For all other permitted uses, except for townhouses and senior citizen apartments, the provisions of § 242-39B, C, D and E for the R-2 Zone apply. [Amended 12-17-2003 by Ord. No. 23-2003]
C. Townhouse development.
(1) For the purpose of administering this subsection, a townhouse is a single-family attached dwelling unit within a building containing more than one, but not more than six, single-family dwelling units, provided that each separate dwelling unit is attached to other similar dwelling units by one or more party walls or portions thereof extending from the foundation to the roof or continuous horizontal firebreak to accommodate topography, except that 20% of the dwelling units may be varied, and further provided that each separate dwelling unit is provided with at least two separate means of pedestrian access to the outside and provided with separate cooking, sleeping and sanitary facilities and separate connections for utilities.
(2) Acreage. For the purpose of determining the minimum tract size needed to qualify for a townhouse development, land under the river may not be considered as part of the tract, nor shall land under the river be utilized for any other computation. Minimum tract size for a townhouse development is 25 acres. Lot coverage with impervious material shall not exceed 40%.
(3) Site plan application and approval in accordance with Chapter 191 is required for each development.
(4) Density. The gross density for any development under this subsection shall not exceed nine bedrooms per acre, nor shall it exceed five attached dwelling units per acre. No unit shall have more than two bedrooms. For the purpose of administering this subsection, any room other than a living room, kitchen, dinette or dining room, bathroom, porch and closet shall be construed as a bedroom. Density. The gross density for any development under this subsection shall not exceed nine bedrooms per acre, nor shall it exceed five attached dwelling units per acre. No unit shall have more than two bedrooms. For the purpose of administering this subsection, any room other than a living room, kitchen, dinette or dining room, bathroom, porch and closet shall be construed as a bedroom. [Amended 6-4-1987 by Ord. No. 15-87; 2-4-1988 by Ord. No. 2-88]
(5) Minimum floor area and bathrooms. Every project shall meet the following minimum floor area and bathroom requirements:
(a) One-bedroom dwelling units shall have a minimum floor area of 800 square feet and shall contain at least one bathroom.
(b) Two-bedroom dwelling units shall have a minimum floor area of 950 square feet and shall contain at least 1 1/2 bathrooms.
(c) Three-bedroom dwelling units shall have a minimum floor area of 1,100 square feet and shall contain at least two bathrooms.
(6) No structure containing a single-family attached residential unit shall be permitted closer to another structure than a distance which equals or exceeds the sum of the heights of the two said structures or 40 feet, whichever is less.
(7) Off-street parking. Every development shall provide at least two open off-street paved parking spaces per dwelling unit. Parking shall not be permitted in front yards.
(8) Maximum building height. The maximum building height shall be the lesser of 35 feet or 2 1/2 stories.
(9) A townhouse dwelling structure shall contain not more than six townhouse dwelling units. No townhouse dwelling structure shall have more than two continuous attached townhouse dwelling units with the same setback, and variations in setback shall be at least four feet. Variations shall also be achieved by the type of roof, including the height of eaves and peaks, and by architectural treatment of the building facade. Building plans and elevations shall accompany the application and shall show a variation in design of units and structures sufficient to satisfy the intent of this provision. Provision shall be made for firewall construction between all dwelling units.
(10) Utilities and services. The developer shall furnish, as a condition precedent to action by the Planning Board, an acceptable centralized water supply and centralized sanitary sewer facilities based upon written agreements and written approval of appropriate Borough, state and authority officials. The developer shall provide for all necessary storm drainage facilities, road access, paved service streets, off-street parking facilities and lighting, making reasonable provision for service connections with adjoining properties in other ownership. If an on-site centralized sanitary sewer facility is proposed, the developer shall provide easements for lines for connection to a sewer authority. The developer shall provide for garbage and trash collection and road maintenance, including snow removal.
(11) Environmental impact statement. Every application for development shall be accompanied by an environmental impact statement.
(12) Except as provided in this subsection, all accessory uses shall comply with § 242-15, Accessory buildings and structures.
(13) Buffer and boundary line setback. No building or structure, principal or accessory, shall be erected closer than 50 feet to the tract boundary lines, and a buffer area of at least 30 feet in width shall be maintained along said tract boundary. This buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen, except that the area along the Borough or county road on which the entrance is located may be landscaped to provide an attractive appearance, but not a complete visual screen. Within the buffer area, no principal or accessory structure nor any off-street parking or other uses shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to ensure continuity of development with adjoining properties. Said buffer area shall be included for purposes of computing required open space.
(14) Street setback on interior roads. No building or structure shall be erected within 25 feet of the right-of-way of any interior street or road.
(15) Street access. Every townhouse dwelling unit shall have access to a street or court dedicated to public use or subject to an easement for access. The boundaries and extent of the lot upon which the development is located shall be clearly defined and monumented.
(16) Street widths. The right-of-way and pavement widths of interior roads serving structures in the development shall be determined from sound planning and engineering standards in conformity with the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic needs, including access for fire-fighting, police and other emergency vehicles. In any event, pavement widths of interior roads shall be not less than 30 feet, except that the Planning Board may reduce the pavement width to a minimum of 22 feet if no on-the-street parking is permitted and if the developer provides sufficient conveniently located off-street parking for visitors and guests.
(17) Common open space requirements. At least 50% of the gross acreage of a development shall be devoted to common open space as herein defined. Said open space may be developed with active and passive recreational facilities or may remain undeveloped. These common open spaces, where not developed as provided herein, shall be kept in their natural state where wooded, and, where natural vegetation is sparse or nonexistent, the Planning Board may require the provision for reasonable landscaping of these areas.
(18) Recreation. At least 10% of the gross acreage of the tract shall be improved for recreational purposes for the use of the occupants of the development only in accordance with a plan specifying the types of improvements, which plan shall be furnished by the developer at the time of application and approved by the Planning Board. Such recreational improvements may include, but are not limited to, such things as swimming pools and tennis courts.
(19) Ownership and maintenance of common open space. The landowner may 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 or by dedicating the same to the Borough, only if the Borough agrees to accept such dedication.
(20) Protection of open spaces. All open spaces between structures shall be protected where necessary by fully recorded covenants running with the land, conveyances or dedications.
(21) Lot designation. Pursuant to all required land development regulations, every structure or group of structures and uses and every designed lot area or cluster of units having services, facilities or utilities in common private usage and in common ownership or control by its occupants or which functions as an independent corporate property, owner or agent of the management shall be located upon and within a lot or plat of land which shall be fully dimensioned and designated as representing the area of responsibility and extent of such individual or group ownership or management as may be established by ownership in full or partial fee or for lease under deed covenant, lease contract or such other conditions of usage or occupancy legally established and recorded therefor, and a description of each such lot shall be filed.
(22) Permitted accessory uses. The following are permitted accessory uses:
(a) Signs in accordance with the provisions of § 242-29.
(b) Required garages and off-street parking and fences associated with these structures.
(c) Fences in the buffer zone if required by the Planning Board.
(d) Recreational uses and fences associated with the recreational uses.
(e) Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
(f) Required utilities and fences associated with these structures.
(23) There are no conditional uses.
D. Senior citizen apartments. [Added 12-17-2003 by Ord. No. 23-2003]
(1) Building height. Senior citizen building construction shall not exceed three stories or 50 feet, whichever is less. A building story shall not include basements. Senior citizen apartment buildings, as defined in this code, are structures which may be separated both vertically and horizontally from adjacent units.
(2) Acreage. Minimum tract size for a senior citizen apartment development is 25 acres. Lot coverage with impervious material shall not exceed 40%.
(3) Site plan approval. Site plan approval, pursuant to Chapter 191 of this code, is required.
(4) Number of units. Within any senior citizen apartment complex no structure shall contain more than 33 senior citizen apartment units.
(5) Density. Development density for any senior citizen apartment complex shall not exceed 3.5 units per acre.
(6) Minimum floor area and bathrooms. Every project shall meet the following minimum floor area and bathroom requirements:
(a) One-bedroom dwelling units shall have a minimum floor area of 550 square feet and shall contain at least one bathroom.
(b) Two-bedroom dwelling units shall have a minimum floor area of 650 square feet and shall contain at least 1 1/2 bathrooms.
(c) Notwithstanding anything to the contrary in Subsections D(6)(a) and (b), any COAH set-aside unit may be sized in accordance with COAH requirements.
(7) Utilities and services. The developer shall furnish, as a condition precedent to action by the Planning Board, an acceptable centralized water supply and centralized sanitary sewer facilities plan based upon written agreements and written approval of appropriate Borough, state and authority officials. The developer shall provide for all necessary storm drainage facilities, road access, paved service streets, off-street parking facilities and lighting, making reasonable provision for service connections with adjoining properties in other ownership. The developer shall provide for road maintenance, including snow removal. The developer shall provide for centralized locations for trash and garbage for municipal pickup as directed by the Planning Board.
(8) Separation between buildings. No principal structure shall be located closer to another principal structure than 25 feet.
(9) Building facades. No senior citizen apartment dwelling structure shall have more than 40 feet of the face of the structure with the same setback. Variations in setback shall be at least four feet. Variations shall also be achieved by the type of roof, including the height of eaves and peaks and by architectural treatment of the building facade. Building plans and elevations shall accompany the application and shall show a variation in design of units and structures sufficient to satisfy the intent of this provision. Provision shall be made for firewall construction between all dwelling units.
(10) Environmental impact statement. Every application for development shall be accompanied by an environmental impact statement.
(11) Accessory buildings. Except as provided in this subsection, all accessory uses shall comply with § 242-15, Accessory buildings and structures.
(12) Buffer and boundary line setback. No building or structure, principal or accessory, shall be erected closer than 40 feet to the tract boundary lines, and a buffer area of at least 30 feet in width shall be maintained along said tract boundary, provided, however, that handicapped parking and driveways shall be allowed within the setback. This buffer area shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a natural visual screen, except that the area along the Borough or county road on which the entrance is located may be landscaped to provide an attractive appearance, but not a complete visual screen. Within the buffer area, no principal or accessory structure nor any off-street parking or other uses shall be permitted. Utility easements and streets may be permitted by the Planning Board within the buffer area to ensure continuity of development with adjoining properties. Said buffer area shall be included for purposes of computing required open space.
(13) Street access. Every senior citizen apartment dwelling unit shall have access to a street or court dedicated to public use or subject to an easement for access. The boundaries and extent of the lot upon which the development is located shall be clearly defined and monumented.
(14) Common open space requirements. At least 50% of the gross acreage of a development shall be devoted to common open space as herein defined. Said open space may be developed with active and passive recreational facilities or may remain undeveloped. These common open spaces shall be kept in their nature state where wooded, and where natural vegetation is sparse or nonexistent, the Planning Board may require the provision for reasonable landscaping of these areas. In lieu of the common open space requirement of this subsection, the Planning Board may accept a conservation easement as provided for in Subsection D(19) hereof.
(15) Ownership and maintenance of common open space. The landowner may 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 or by dedicating the same to the borough, only if the borough agrees to accept such dedication. The open space or a portion may also be transferred to the New Jersey Department of Environmental Protection as open space and for the Musconetcong River Greenway and/or pedestrian paths.
(16) Protection of open spaces. All open spaces between structures shall be protected where necessary by fully recorded covenants running with the land, conveyances or dedications.
(17) Low- and moderate-income housing. Not less than 20% of the total number of units constructed shall be set aside for low- and moderate-income housing. No fewer than 1/2 the units shall be available to low-income households. Rents for low-income units and moderate-income units may differ based on the income levels to which they are addressed. All low- and moderate-income units shall utilize the same heating source as that serving the market units within the development.
(18) Master deeds. All master deeds of inclusionary developments shall provide that condominium and/or homeowner association fees or any other special assessments shall be prorated to low- and moderate-income purchasers or renters at a specific percentage of those paid by persons occupying the market units. Such percentage shall be at least1/3 the fee paid by those occupying the market units. The initial price of a low- and moderate-income owner-occupied single-family housing unit shall be such that after a down payment of 5% the monthly principal interest, homeowner and private mortgage insurances, property taxes and condominium/homeowner fees shall not exceed 28% of the eligible gross monthly income of the prospective purchaser. Gross rents, including an allowance for utilities, shall be such so as not to exceed 30% of the gross monthly income of the household renting the unit in question.
(19) Steep slopes. The provisions of § 242-10D of this code regulating steep slopes and the development thereof shall be applicable to senior citizen apartment buildings in the R-2T zone. However, the Planning Board may waive the restrictions on development of steep slopes. As a condition of the waiver of steep slopes regulations, the Planning Board shall require the developer to submit a development plan which adequately provides for the stabilization of all disturbed areas, control of all stormwater runoff and protection of all adjacent lands. Further the Planning Board shall require that the developer shall provide a conservation easement in favor of the Borough on the tract of which the steep slopes form a part at a ratio of four acres of non-steep-slope land for each acre of steep slopes developed.
(20) Parking. There shall be 1.1 parking spaces per senior citizen apartment unit. Parking spaces may be nine feet by 18 feet in size. All leases for each senior citizen apartment shall contain a restriction limiting the number of motor vehicles allowed for each tenant to one motor vehicle per senior citizen apartment.
(21) Permitted accessory uses. The following are permitted accessory uses:
(a) Signs in accordance with the provisions of § 242-29.
(b) Required garages and off-street parking and fences associated with these structures.
(c) Fences in the buffer zone if required by the Planning Board.
(d) Recreational uses and fences associated with the recreational uses.
(e) Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
(f) Required utilities and fences associated with these structures.
