Pursuant to N.J.S.A. 40:55D-1 et seq., the Planning Board may grant conditional uses as herein permitted. Application for a conditional use site plan shall be made in accordance with procedures set forth Article VII, and the Planning Board shall act on the application in accordance with said procedures. No conditional use shall be granted unless the same will not be detrimental to the health, safety and general welfare of the Village, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. In reviewing an application for any conditional use as herein provided, the Board may impose such conditions and safeguards as 'it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangements of entrances and exits to assure public safety. Requirements for conditional uses shall take precedence over any regulations for the zone in which said use is located. Said conditional use requirements shall be as follows:
A. Motor vehicle service stations and public garages. A public garage or motor vehicle service station shall only be permitted in the B-2 and C districts after the following requirements are met:
(1) A site plan shall be submitted and approved as required in Article VII, and said plan shall show, in addition to all information required by Article VIII, the street entrances and exits or driveways and the precise location of all tanks, pumps, lifts and other machinery and equipment appurtenant thereto, as well as the location, nature of construction and present use of all buildings within three hundred (300) feet of the lot lines of the premises for which the application has been filed.
(2) The nearest lot line of the lot or parcel of land to be used as a public garage or gasoline service station shall be at least three hundred (300) feet, measured in a straight line, from the nearest lot line of any lot upon which is located any building used as a theater, auditorium or other place of public assembly capable of seating over one hundred (100) persons or used as a church, hospital for humans, college, school, public library or institution for dependents or children or any public playground or athletic field.
(3) No part of any public garage or gasoline service station nor any driveway entrance or exit to or from the same shall be located within three hundred (300) feet of any lot line of any lot upon which is located any other public garage or gasoline service station.
(4) No part of any public garage or gasoline service station, wherever located, shall be used for any other: purpose; provided, however, that car rental sales shall be permitted as an accessory use if all the following requirements are complied with:
(a) The parking area of rental vehicles shall meet the same setback, lighting, paving, drainage and screening standards as those required for the minimum off-street parking requirements.
(b) The parking area of rental vehicles shall be in addition to the minimum required off-street parking area for all structures located on the premises.
(5) The minimum lot size for any lot upon which any public garage or gasoline service station is located shall be fourteen thousand (14,000) square feet, and the minimum street frontage of such lot shall be one hundred (100) feet. If a public garage or gasoline service station is located on a corner lot, the minimum street frontage on each street shall be one hundred (100) feet.
(6) Entrance and exit driveways to and from any lot upon which is located a public garage or gasoline service station shall have an unrestricted width of not less than sixteen (16) feet nor more than twenty-four (24) feet, shall be located not nearer than ten (10) feet from any lot line and shall be so laid out as to avoid the necessity of any vehicle leaving the property by backing out across any public sidewalk, street, highway, right-of-way or portion thereof.
(7) The area of all driveways and other areas over which motor vehicles are intended to be driven or parked on any lot upon which is located a public garage or gasoline service station shall be paved with bituminous or concrete surface sufficient to meet the Village paving specifications applicable to streets and roadways.
(8) On any premises upon which a public garage or gasoline service station is located, all services or repairs to or for motor vehicles, other than such minor items as the changing and filling of tires or the sale of gasoline or oil, shall be conducted within the confines of a building capable of being wholly enclosed. Any vehicles stored outside overnight shall be so stored as to meet the provisions of § 190-124E.
(9) No part of any building used as a public garage or gasoline service station and no filling pump or other service appliance, whether for gasoline, oil or any other combustible liquid or material, shall be erected within ten (10) feet of any side or rear lot line, and the ten (10) foot free area required hereunder shall be at all times kept free, open and unobstructed for the purposes of ready access by emergency fire and police vehicles.
(10) Storage facilities for gasoline, oil or other flammable materials in bulk shall be located wholly underground and no nearer than thirty-five (35) feet from any lot line other than any street sideline. No gasoline or oil pumps, oil or greasing mechanism or other service appliance installed for use at such premises shall be within ten (10) feet of any street sideline, and no gasoline pump shall be located or permitted within any enclosed or semi-enclosed building.
(11) A canopy is permitted over the pump islands, provided that said canopy complies with all of the following requirements:
(a) The vertical projection of said canopy is no closer to any street right-of-way line than two (2) feet.
(b) The vertical projection of said canopy is no closer to any side or rear lot line than ten (10) feet.
(c) The thickness of said canopy or the dimension measured from the topside to the underside of the canopy shall not be greater than eighteen (18) inches.
(d) The height of said canopy shall not exceed ten (10) feet to the bottom of the canopy.
(e) The vertical projection of the perimeter of the canopy, commonly referred to as the "footprint," shall not be larger than five percent (5%) of the lot area.
(f) -The stanchions or posts holding up the canopy shall be no closer than one-half (1/2) the setback required for a principal building.
(12) No part of any building or structure used in whole or in part as a public garage or gasoline service station shall be located within one hundred (100) feet of any boundary line of any residential zone district created by this chapter.
(13) No permit for the alteration or expansion of any existing public garage or gasoline service station shall be issued except upon compliance by the applicant with all the provisions of this Article.
(14) The foregoing provisions shall not apply to any municipally owned or operated parking garage.
B. Institutional uses. Institutional uses are permitted in any of the zone districts as a conditional use. If institutional uses are located in nonresidential zones, they shall meet all height, setback and area requirements for the zone district in which they are located. If institutional uses are located in any residential zone, they shall only be permitted after the following requirements are met.
(1) Public or private schools covering kindergarten through grade twelve shall meet the following minimum requirements:
(a) Height. No structure shall exceed forty-five (45) feet above the average elevation of the ground at the foundation of the structure, except as provided below:
[1] Service equipment structures may be permitted upon such buildings but shall be limited to five (5) feet above the forty-five (45) foot height.
[2] Service equipment structures shall have a minimum setback of one (1) foot for every two (2) feet in height of the service equipment structures, measured from the perimeter of the roof on which the structure is located.
[3] Service equipment structures shall not occupy more than sixty-five percent (65%) of the roof area of any building on which such service equipment structure is located.
[4] Service equipment structures shall not exceed twenty-five percent (25%) of the land area covered by buildings on the property.
(b) Setbacks. No building or structure shall be located closer than forty (40) feet to any abutting street right-of-way line. The -minimum required setback from all other property lines shall be not less than three (3) feet for every one (1) foot of height of such structure.
(c) Land coverage. No more than twenty percent (20%) of the land area shall be covered by any above grade structure or structures.
(d) off-street parking. All off-street parking shall meet the provisions of § 190-90 and § 190-121. All parking areas shall not be less than fifteen (15) feet from any adjoining property line other than an abutting street right-of-way line. Parking is not permitted in the front yard. All setback areas not used for parking shall be landscaped with a suitable hedge or other natural planting as required by the Planning Board.
(2) Houses of worship, public utility buildings and structures shall meet the following minimum requirements:
(a) Height. No structure shall exceed forty-five (45) feet in height above the average elevation of the ground at the foundation of the structure. Steeples of houses of worship shall be exempt from this height limitation; provided, however, that the height of such steeples shall not exceed seventy-five (75) feet in height.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2780.
(b) Setbacks. No building or other roofed structure shall be located closer than forty (40) feet to any abutting street right-of-way line. The minimum required setback from all other property lines shall be not less than one (1) foot for every one (1) foot of height of such structures, exclusive of the height of steeples of houses of worship; provided that no such steeple shall be located closer to any other steeple than twice the height of the taller steeple.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2780.
(c) Land coverage. No more than twenty percent (20%) of the land area shall be covered by any above grade structure or structures.
(d) off-street parking. All off-street parking shall meet the provision of § 190-90 and § 190-121.
C. Fast-food restaurants. Fast-food restaurants shall only be permitted in the B-2 and C zones after the following requirements are met.
(1) A site plan shall be submitted and approved as required in Article VII, and said plan shall show, in addition to all information required by Article VIII, that all standards established herein for fast-food restaurant operation as a conditional use will be complied with.
(2) No part of any fast-food restaurant nor any driveway entrance or exit to or from the same shall be located within three hundred (300) feet of any lot line of any lot upon which is located any other fast-food restaurant.
(3) The minimum lot size for any lot upon which any fast food restaurant is located shall be eighteen thousand (18,000) square feet, and the minimum street frontage of such lot shall be one hundred twenty (120) feet. If a fast-food restaurant is located on a corner lot, the minimum street frontage on each street shall be one hundred twenty (120) feet.
(4) Entrance and exit driveways to and from any lot upon which is located a fast-food restaurant shall have an unrestricted width of not less than twenty-four (24) feet nor more than thirty (30) feet, shall be located not nearer than ten (10) feet from any lot line and shall be so designed as to avoid the necessity of any vehicle leaving the property by backing out across any public sidewalk, street or portion thereof.
(5) No part of any building or structure used as a fast food restaurant shall be located within one hundred (100) feet of any residential zone district boundary line.
(6) The minimum distance between driveways on the site containing a fast-food restaurant shall be fifty (50) feet, measured from the two (2) closest driveway curbs.
(7) The minimum distance a driveway into the site shall be from a street intersection shall be one hundred (100) feet, measured from the intersection of the street right-of-way to the nearest end of the curb radius.
(8) All fast-food restaurants shall provide suitable storage of trash areas which are so designed and constructed as to allow no view of the trash storage from the street, to prevent waste from blowing around the site or onto adjacent properties or public rights-of-way and to permit safe easy removal of trash by truck or hand.
(9) All fast-food restaurants shall be provided with off-street parking at a ratio of at least one (1) off-street parking space for every fifty (50) square feet of gross floor area.
D. Single-family attached residential units. Single-family attached residential units shall be permitted in the R-1A district only after the following requirements are met:
(1) A site plan shall be submitted and approved as required in Article VII, and said plan shall show, in addition to all information required by Article VIII, that all standards established herein for single-family attached units as a conditional use will be complied with.
(2) Height. No structure containing a single-family attached unit shall exceed a height of thirty (30) feet.
(3) Setbacks. No building or structure shall be located closer than:
(a) Fifty (50) feet to any public street or highway.
(b) Twenty (20) feet to the curb line or edge of pavement of any internal private road.
(c) Ten (10) feet to the pavement edge of a driveway where said driveway traverses the setbacks between buildings as hereinafter regulated in 190123D(7).
(d) Forty (40) feet to any other property line.
(4) Buffer areas. Those setbacks required in 190-123D(3) above shall be landscaped areas and shall not contain any building structure. Off-street parking is not permitted within the forty (40) foot setback required in § 190-123D(3)(d) above.
(5) Density. The gross density for any development in the R-1A Zone shall not exceed three and five-tenths (3.5) single-family attached dwelling units per acre. The maximum number of dwelling units permitted for any project shall be determined by multiplying the total area of the tract in acres, exclusive of any abutting public streets, by three and five-tenths (3.5). Any fractional number of units shall be treated as one (1) unit.
(6) Minimum tract size. Single-family attached units will only be permitted on a tract having a minimum area of eight (8) acres.
(7) Distance between buildings. No structure containing a single-family attached dwelling unit shall be permitted closer to another structure containing a single-family attached dwelling unit than a distance which equals seventy-five percent (75%) of the sum of heights of the two (2) said structures or thirty (30) feet,, whichever results in the greater distance.
(8) Landscaping. A landscaping plan shall be submitted and be subject to review and approval by the Planning Board at the same time as the site plan. The landscaping plan will show in detail the location, size and type of all plantings, including lawns, to be used on the site. All areas not used for buildings or off-street parking shall be included in the landscaped plan. All parking and service areas shall be screened so that said areas are shielded from residential areas adjacent to the site.
(9) Lighting. Yard lighting shall be provided during the hours of darkness to provide illumination for the premises and all interior sidewalks, walkways and parking areas thereon. All wiring shall be laid underground, and all lighting fixtures shall be arranged so that the direct source of light is not visible from any residential areas adjacent to the site.
(10) Architecture and construction.
(a) From a design and construction standpoint, a single-family attached residence structure has two (2) basic options, as follows:
[1] It shall be designed and constructed to resemble a large single-family residence; or
[2] It shall be designed and constructed with appropriately different single-family attached residence setbacks and roof lines so as to reflect the combination of more than one (1) but not more than four (4) single-family attached residences.
(b) The architecture employed shall be esthetically in keeping with the surrounding area and shall be subject to approval by the Planning Board. All buildings shall be constructed in accordance with the building code and shall comply with the following requirements:
[1] The exterior of each building wall of single-family attached residences shall be of wood, brick or stone facing, solid brick or stone or some other acceptable durable material. Asbestos shingle and cinder or concrete block as exterior finishes are prohibited. The applicant shall submit to the Planning Board for review and approval, in addition to any and all other documents required by any other ordinance concerning site plan review, floor plans, elevation drawings, color rendering and detailed finish schedules.
[2] The exterior of any accessory structures shall harmonize architecturally with and be constructed of materials of a like character to those used in principal structures.
[3] There shall be between single-family attached residences a soundproof fire wall constructed according to the specifications approved by the Village Engineer. Such noncombustible wall shall have a sound transmission classification (STC) of not less than fifty-two (52) based on the laboratory test procedure specified in the ASTM (American Society of Testing Materials) recommended practice E-9066T.
(11) Utilities. Every single-family attached residential unit must be connected to the public sanitary sewer and water systems as approved by the Village Engineer.
(12) Roads. All roads within the project shall be private roads at least twenty-four (24) feet wide, constructed and maintained by the developer pursuant to specifications prepared by the Village Engineer and subject to approval by the Planning Board.
(13) Master deed. The developer shall furnish to the Village as a condition of site plan approval such guaranties, covenants, master deed or builder's agreement which shall satisfy the requirements of the Planning Board for the construction and maintenance of common areas, landscaping, recreational areas, public improvements and buildings.
(14) Units per structure. No structure shall contain more than four (4) single-family attached dwelling units.
(15) Impact statement. An environmental impact statement shall be prepared and submitted which will include an assessment, supported by engineering data, of the environmental impact of the project relating to vehicular traffic, noise, storm drainage, sanitary sewer facilities.
(16) The Planning Board shall require entrances and exits to the site at locations and widths that will minimize traffic congestion and result in the best vehicular and pedestrian circulation pattern both on and abutting the site. The Planning Board may require the applicant to submit a traffic engineering study prepared by a licensed professional traffic engineer which will indicate the impact that the development of the site will have on surrounding roads. This traffic study shall include an analysis of estimated peak hourly traffic to be generated by the proposal and an assignment of estimated peak hourly traffic by percentage and volume to surrounding streets. If the results of the study indicate necessary off-site improvements to existing Village streets, the applicant shall contribute a prorated share of such improvements as determined by the Planning Board.
(17) Building coverage. Not more than twenty percent (20%) of the total tract area shall be covered by any above grade buildings or structures.
(18) Total impervious coverage. Not more than thirty-five percent (35%) of the total tract area shall be covered by any impervious material, including but not limited to buildings, structures, driveways, parking areas, patios, walkways, game areas such as tennis courts, swimming pools and the like.
(19) Common open space.
(c) The developer of single-family attached residential units as a conditional use shall make provision for the establishment of an open space organization which shall own and maintain all common open space for the benefit of owners or residents of the development, in accordance with § 190-48.
E. Cellular telecommunications antennas. Cellular telecommunications antennas are permitted in the OB-2 zone district as a freestanding structure, and are permitted in the B-l, B-2, OB-1, OB-2, C and H zone districts if attached at or near the top of an existing tall structure, only if all of the following requirements are complied with:
(1) Intent. The provisions of this ordinance are intended to:
(a) Reasonably accommodate cellular telecommunications as may be required by the Federal Telecommunications Act of 1996 and by the Federal Communications Commission.
(b) Minimize the number of towers or monopoles in the Village and to encourage as an alternative the installation of cellular telecommunications antennas at or near the top of existing tall structures.
(c) Encourage the co-location of cellular telecommunications antennas on as few structures as necessary, rather than locating such antennas each on separate structures.
(d) Mitigate the visual impacts from cellular telecommunications antennas in all areas through proper location and through the use of creative and compatible design.
(e) Protect residential areas from encroachment by incompatible uses, specifically cellular telecommunications antennas and to provide for the appropriate separation of residential uses and cellular telecommunications antennas.
(f) Avoid the potential damage to adjacent properties from tower or antenna failure or from falling ice from such structures through stringent engineering and siting of tower structures.
**Webmasters Note: Subsection E(2) has been deleted as per Ordinance No. 2780.
(3) Requirements for freestanding antennas. In addition to any other applicable requirements of this chapter, the following requirements shall apply to freestanding cellular telecommunications antennas:
(a) Freestanding cellular telecommunications antenna,s shall be permitted only in the OB-2 zone district, and only if the applicant demonstrates to the satisfaction of the Board that the purposes set forth in § 190-123E(1)(a) through (f) are satisfied by the application, and in particular that no other space is reasonably available on any other existing or pending structure, within or outside the Village, that would conform with the provisions of this Subsection § 190-123E and that would provide adequate communication pursuant to the Telecommunications Act of 1996. In order to demonstrate the foregoing, the applicant shall submit an inventory of all existing antenna towers, building-mounted antennas and sites approved or pending approval, as well as all other tall buildings, water towers, utility towers and similar structures within the area being served by the proposed freestanding antenna.
(b) No freestanding tower or antenna structure shall exceed a height of 120 feet. Any buildings or equipment accessory to or servicing the cellular telecommunications tower or antenna shall conform with the height requirements otherwise applicable in the zone district. The height of such structures shall be measured as set forth in § 190-119D(6).
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 3120.
(c) Any freestanding tower or antenna structure shall be set back from any property line a distance equal to or greater than the height of the tower and antenna. Any buildings or equipment accessory to or servicing the cellular telecommunications tower or antenna shall conform with the setback requirements otherwise applicable in the zone district.
(d) Any proposed cellular telecommunications antenna and related structures shall be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennas and additional antennas that may be installed in the future by the applicant or other telecommunications service providers as required below, unless the applicant demonstrates to the satisfaction of the Board that such collocation is not feasible or necessary to minimize the number or visible impact of future antennas.
[1] The antenna shall provide space for the antennas and related structures of at least two (2) additional users if the antenna is over one hundred (100) feet in height.
[2] The antenna shall provide space for the antennas and related structures of at least one (1) additional user if the antenna is over sixty (60) and equal to or less than one hundred (100) feet in height.
[3] The antennas and related structures shall be designed for future rearrangement of antennas and to accept antennas mounted at varying heights.
[4] The applicant shall provide a letter of commitment, submitted prior to any approval by the Board, to lease excess space on the facility to other potential users at reasonable rental rates and on reasonable terms. The letter shall commit the owner of the antenna and related structures and equipment, as well as any successors in interest.
[5] If the foregoing design for collocation requires additional antenna height or structures beyond that necessary for a single-user installation or beyond that permitted above, the Board, in determining the acceptable design, shall balance the benefits and probability of collocation against any detriments resulting from such additional antenna height or structures, and may waive such collocation requirement if the detriments to the public welfare outweigh the benefits.
(e) The base of any freestanding antenna support structure and any structures accessory to or servicing the tower and antenna structure, except for buildings, shall be screened from the street and adjacent properties by a solid wood fence six (6) feet high and by a planted buffer. The depth of the buffer shall be sufficient to accommodate the future growth of the plantings in the buffer, depending upon the specific plant(s) used, but not less than ten (10) feet in depth. The fence shall be located further from the street and adjacent properties than the plantings. The plantings shall be evergreen and shall be at least 6 feet high at the time of planting. The plantings shall be spaced in such a manner that, depending upon the specific plant used, they can be expected to form a single mass without any apparent breaks or gaps in the screen within five (5) years of planting.
(f) The antenna and supporting tower shall be designed to simulate the appearance of any of the following:
[1] a flagpole;
[2] an evergreen tree; or
[3] a brick faced clock or bell tower.
(g) No freestanding antenna over seventy-five (75) feet in height shall be located closer to any other freestanding antenna over seventy-five (75) feet in height than fifteen (15) times the height of the higher antenna. No freestanding antenna less than or equal to seventy-five (75) feet in height shall be closer to any other freestanding antenna than two (2) times the height of the higher antenna.
(h) One (1) off-street parking space shall be provided for every three (3) cellular telecommunications service providers having facilities on the site, in addition to any other parking that is required on the property for other uses. Fractional space requirements shall be rounded up to the next higher whole number.
(4) Requirements for antennas mounted on an existing structure. In addition to any other applicable requirements of this chapter, the following requirements shall apply to cellular telecommunications antennas mounted on an existing structure:
(a) The existing structure shall be at least forty (40) feet in height.
(b) The antenna(s) shall be located at or near the top of the existing structure.
(c) The height of such antenna and related structures above the ground shall not exceed the height above the ground of the existing structure in the location of the antenna by more than fifteen (15) feet.
(d) The antenna and related structures shall be set back from the building facade a distance equal to or greater than the height of such antenna and related structures above the elevation of the building where the antenna and related structures are mounted.
(e) When visible from any abutting street or property, the antenna and related structures shall be screened, as much as possible without interfering with antenna transmission and reception, by materials that have the same color and finish as the building facade, or when mounted on the roof of a building with a sloped roof, have the same color and finish as the roofing material. If complete screening is not provided, the applicant shall have the burden of proving that the same is not possible without interfering with antenna reception and transmission.
(f) One (1) off-street parking space shall be provided for every three (3) cellular telecommunications service providers having facilities on the site, in addition to any other parking that is required on the property for other uses. Fractional space requirements shall be rounded up to the next higher whole number.
**Webmasters Note: The previous subsections, (3) and (4), have been amended as per Ordinance No. 2780.
F. Renovation and conversion of a single existing structure so as to contain dwelling units as a conditional use. The renovation and conversion of a single existing structure so as to contain dwelling units shall only be permitted in the R-2A Residence District if all of the following requirements are met:
(1) Required site plan. A site plan shall be submitted and approved by the Planning Board as required in Article VII, and said plan shall show, in addition to all information required by Article VIII, that all standards established herein for the renovation and conversion of a single existing structure so as to contain 'dwelling units as a conditional use shall be complied with.
(2) New residential buildings prohibited. New buildings or additions to existing buildings which will contain dwelling units shall not be permitted within said R-2A Residence District; new buildings or additions in said district shall only be permitted for a use permitted in the R-2 district., and only after demolition of the existing single structure.
(3) Conversion of existing structure. Any existing structure within said R-2A Residence District may be renovated and converted so as to contain dwelling units, provided that there shall be no physical enlargement beyond the exterior walls of said existing structure, and further provided that all conditions as set forth in this subsection are complied with.
(4) open spaces. All areas within the site which are not used for structures or off-street parking or recreational amenities, as approved by the Planning Board, shall be landscaped pursuant to a plan approved by the Planning Board, which plan shall show in detail the location, size and type of all plantings, including lawns, to be used on the site. All parking and service areas shall be screened so that said areas are shielded from-residential areas adjacent to the site.
(5) Number of dwelling units permitted in existing structure. The number of dwelling units in an existing structure shall be limited to the quotient obtained by dividing the total gross floor area of the existing structure, expressed in square feet, by one thousand one hundred thirty-five (1,135) square feet; any fraction in the quotient resulting from this calculation will be disregarded.
(6) Lighting. Yard lighting shall be provided during the hours of darkness to provide illumination for the premises and all interior sidewalks, walkways and parking areas thereon. All wiring shall be laid underground, and all lighting fixtures shall be arranged so that the direct source of light is not visible from any residential areas adjacent to the site.
(7) Architecture and construction. The architecture employed shall be esthetically in keeping with the existing structure and shall be subject to approval by the Planning Board. All structures shall be constructed in accordance with the building code.
(8) Renovation plans. The applicant shall submit to the Planning Board for review and approval, in addition to any and all other documents required by any other ordinance concerning site plan review, floor plans, elevations, drawings, color rendering and detailed finish schedules.
(9) Accessory structures. The exterior of any accessory structure shall harmonize architecturally with and be constructed of materials of a like character to those used in principal structures.
(10) Utilities. Each dwelling unit shall be connected to the public sanitary sewer and water systems as approved by the Village Engineer.
(11) Construction and maintenance of common facilities. The developer shall submit to the Planning Board, as a condition of site plan approval, such a master deed, declaration of restrictions, builder's agreement or other legal instrument which shall satisfy the requirements of the Planning Board with respect to the proper construction and maintenance of common facilities, common areas, landscaping, recreational areas and common improvements to be installed for the benefit of owners or residents of said dwelling units located in -the single existing structure.
(12) Environmental impact statement. An environmental impact statement shall be prepared by a qualified expert acceptable to the Planning Board and submitted to the Planning Board for its approval, which statement will include an assessment, supported by competent engineering data, of the environmental impact relating to vehicular traffic, noise, storm drainage and sanitary sewer facilities.
(13) The Planning Board shall require entrances and exits to the site at locations and widths that will minimize traffic congestion and result in the best vehicular and pedestrian circulation pattern both on and abutting the site. The Planning Board may require the applicant to submit a traffic engineering study prepared by a licensed professional traffic engineer which will indicate the impact which the development of the site will have on surrounding roads. This traffic study shall include an analysis of estimated peak hourly traffic to be generated by the proposal and an assignment of estimated peak hourly traffic by percentage and volume to surrounding streets. If the results of the study indicate necessary off-site improvements of existing Village or county streets, the applicant shall contribute a prorated share of such improvements as determined by the Planning Board.
(14) Total impervious coverage of tract. Not more than thirty-five percent (35%) of the total tract area shall be covered by any impervious material, including but not limited to buildings, structures, driveways, parking areas, patios, walkways, game areas such as tennis courts, swimming pools and the like.
G. Has been deleted as per ordinance No. 2643
H. Drive-in banks. Drive-in banks shall only be permitted in the B-2 and C zones after the following requirements are met:
(1) A site plan shall be submitted and approved as required in Article VII, and said plan shall show, in addition to all information required by Article VIII, that all standards established herein for drive-in banks as a conditional use will be complied with.
(2) The nearest lot line of the lot or parcel of land shall be at least three hundred (300) feet, measured in a straight line, from the nearest lot line of any lot upon which is located any other drive-in bank.
(3) The minimum lot size shall be eighteen thousand (18,000) square feet, and the minimum street frontage of such lot shall be one hundred twenty (120) feet. If a drive-in bank is located on a corner lot, the minimum street frontage on each street shall be one hundred twenty (120) feet.
(4) Entrance and exit driveways shall have an unrestricted width of not less than twenty (20) feet nor more than thirty (30) feet, shall be located not nearer than five (5) feet from any lot line and shall be so designed as to avoid the necessity of any vehicle leaving the property by backing out across any public sidewalk, street or portion thereof.
(5) No part of any building or structure shall be located within one hundred (100) feet of any residential zone district boundary line.
(6) The minimum distance between driveways shall be fifty (50) feet measured from the two (2) closest driveway curbs.
(7) The minimum distance a driveway into the site shall be from a street intersection shall be one hundred (100) feet measured from the intersection of the street right-of-way to the nearest end of the curb radius.
(8) All drive-in banks shall provide suitable storage of trash areas which are so designed and constructed as to allow no view of the trash storage from the street, to prevent waste from blowing around the site or onto adjacent properties or public rights-of-way and to permit safe easy removal of trash by truck or hand.
(9) All drive-in banks shall provide off-street parking at a ratio of at least one (1) off-street parking space for every one hundred fifty (150) square feet of gross floor area.
(10) A traffic impact statement shall be submitted by the applicant which will include an assessment, supported by engineering data, of the impact the proposed drive-in bank will have on the surrounding streets. This traffic study shall include, among other things:
(a) The estimated peak hourly traffic to be generated by the proposed drive-in bank;
(b) The assignment of estimated peak hourly traffic by percentage and volume to surrounding streets;
(c) The estimated peak hourly turning movements for all right and left turns into and leaving the banking facility;
(d) What impact the peak hourly traffic and turning movements would have on the abutting streets serving the banking facility; and
(e) -Any proposed solutions to the traffic problems that may be created or increased as a result of the construction or expansion or renovation of the drive-in bank.
(11) Notwithstanding any other provisions of this section, any existing bank establishment in the B-1 zone that operates a drive-in banking facility on site shall be construed as having a nonconforming use for only that part of said establishment devoted to the drive-in banking facility.
I. Membership-based outdoor recreational club uses. "Membership-based outdoor recreational club" shall be defined as an organization, and its associated facilities, which is created for and designed to provide on-site outdoor recreational opportunities such as tennis, platform tennis, paddle tennis, racquetball, handball, squash, swimming and similar recreational activities primarily to the members of the organization and their guests. Such clubs shall be permitted in the R-125 zone district only if all of the following requirements are complied with:
(1) The site shall contain a minimum of 10 acres.
(2) Any clubhouse or other similar principal building or structure shall have a gross floor area on the ground floor of no more than 10,000 square feet.
(3) Any clubhouse or other similar principal buildings or structures shall be limited to two stories and shall not exceed 30 feet in height.
(4) All buildings, roofed structures, shade shelters, parking areas and outdoor play areas shall be located at least 100 feet from an abutting property used for residential purposes. Buildings, shade shelters, and roofed structures shall meet the setbacks from other property lines as set forth in the zone regulations.
(5) The total land area to be devoted to outdoor games, courts and play areas shall not exceed 30% of the total area of the site.
(6) All outdoor activities to be conducted on the site shall be limited to the hours between 7:00 aim and 10:00 p.m.
(7) The illumination of courts shall be permitted during the hours within which outdoor activities are permitted pursuant to Paragraph (6) above. Notwithstanding the height limitation for lighting in § 190-85C, such fixtures shall not exceed a height of 30 feet. Such lighting shall not be required to face downward, but shall be oriented and shielded in such a manner as to avoid undue illumination of and directing glare onto adjacent properties, as determined by the Planning Board. All other lighting shall also conform to the requirements of § 190-85.
(8) A one-hundred-foot buffer strip shall be provided adjacent to any abutting residential zones. Such buffer shall be landscaped, retained in a natural wooded condition, or both, as required by the Planning Board and maintained in good condition. No above-grade structures shall be permitted within this buffer strip except a driveway and related improvements providing access to the property and any structures, such as fences, designed to enhance or supplement the function of the buffer area. All buildings, parking areas and outdoor play areas shall be effectively screened by a fence, wall or hedge, maintained in good condition, as approved by the Planning Board, on any side of the site which adjoins or faces premises situated in any residential zone, but such fence, wall or hedge may be waived by the Planning Board if, in its judgment, because of topographic or other conditions such fence, wall or hedge shall not be necessary to screen adjoining or facing residential property.
(9) Notwithstanding any other provision of this chapter, the height of any fence enclosing an outdoor play area shall not exceed 12 feet.
**Webmasters Note: The previous subsection, I., has been amended as per Ordinance No. 3196.
