Bergenfield City Zoning Code
ARTICLE VII
R-M Multifamily/Garden Apartment/Townhouse
§ 186-51 Objectives; qualifications.
A.
Objectives. The provisions of this section are intended to encourage the planning and construction of multifamily/garden apartment/townhouse developments within the R-M Zone, and at the same time protect and promote the health, safety and general welfare of the public and the Borough of Bergenfield.
B.
Qualifications. In order to qualify for consideration under the terms of this section, the site for any multifamily/garden apartment/townhouse development shall be composed of a single parcel of land, consisting of one or more contiguous lots. The physical condition of the site, including soil type, groundwater level, drainage, and topography, shall be such as not to create hazards to the property or to the occupants, and the site shall not be subject to the possibility of subsidence or the reasonable probability of flooding or serious erosion, as determined by the Borough Engineer.
§ 186-52 Access requirements.
A.
Access to streets. Any multifamily/garden apartment/townhouse site shall abut or have permanent access to an approved or existing public street. Private streets within the site of a multifamily/garden apartment/townhouse development shall be permitted, but shall be protected by a permanent easement, and shall provide for a safe and suitable vehicular circulation in the development at all times. Dead ends or culs-de-sac shall include adequate turning space.
B.
Access to buildings. Convenient access to all buildings on the multifamily/garden apartment/townhouse development site shall be provided for emergency equipment and service vehicles. Pedestrian access to the rear of all buildings fronting on a public street shall be provided.
§ 186-53 Compliance with other ordinances and regulations.
A.
Where the review and/or approval of the various elements or features of the proposed multifamily/garden apartment/townhouse development is required from any municipal, county or state agency or official, other than the Planning Board and Zoning Officer, such approval shall be required for development pursuant to this section.
B.
Where subdivision or resubdivision of lands is required or desired by a developer of the multifamily/garden apartment/townhouse development, in accordance with the provisions of this Chapter 186, the receipt of subdivision approval prior to proceeding under this section of Chapter 186 shall not in any way be construed to imply approval of the proposed multifamily/garden apartment/townhouse development.
§ 186-54 Changes after approval due to unforeseen conditions.
When unforeseen conditions are found to exist, or arise after approval of a multifamily/garden apartment/townhouse development such as under ground rock formations, unstable foundation conditions, groundwater table, springs, and the like, which necessitate precautionary or corrective measures affecting the terms of approval hereunder, the developer shall notify the Zoning Officer in writing. Such notifications shall describe the nature of the unforeseen conditions and the proposed precautionary or corrective measures to be undertaken. Unless such measures must be undertaken immediately to protect the public health and safety, the developer shall not proceed with them until approval is granted by the Zoning Officer or until 45 days from the date on which written notification was received by the Zoning Officer, whichever is sooner.
§ 186-55 Design requirements.
As a minimum all multifamily/garden apartment/townhouse developments shall comply with the following design requirements and standards.
A.
Site area. The site area for any multifamily/garden apartment/townhouse development shall not be less than 20,000 square feet and shall have a width of a least 200 feet fronting on a public street. Site area shall be computed to include all land area within the site to be devoted to residential use or activities, but shall not include any land which, due to its physical character or location or use for other purposes, does not relate to the residential use or activity of the multifamily/garden apartment/townhouse development.
B.
Buildings shall not contain dwelling units in any space above the second story nor below grade. Buildings shall be designed so that a minimum break of five feet either forward or backward shall occur with building segments containing four or fewer dwelling units.
C.
Parking spaces required. The total number of parking spaces required shall be not less than two times the total number of dwelling units to be provided. At least 85% of the parking spaces required shall be made available to the occupants of the developments without time limit and may be provided in garages, carports and uncovered parking areas. All occupant parking spaces shall be related to the dwelling units which they are intended to serve, and be so located as not to interfere with normal traffic. Where suitable conditions exist, parking spaces available on the streets, within the site area may be designated for guest parking but in no case shall street parking spaces be counted as providing the parking spaces required. All streets, roads, parking areas and sidewalks shall be constructed in accordance with Borough specifications.
§ 186-56 Dwelling units.
The following types of dwelling units may be permitted in a multifamily/garden apartment/townhouse:
A.
Efficiency or studio apartment: a dwelling unit providing sleeping quarters or facilities in combination with one or more other living area within the dwelling unit.
B.
One-bedroom apartment: a dwelling unit providing one separate and enclosed room for sleeping quarters.
C.
Two-bedroom apartment: a dwelling unit providing two separate and enclosed rooms for sleeping quarters.
D.
Any room designated and capable of use for a living room, bedroom, dining room, or dining area, kitchen and kitchenette shall be counted as a room.
§ 186-57 Yards.
Buildings shall be set back at least 35 feet from the front property line and at least 25 feet from any other property line or from the curb or any private street within the development site. The minimum distance between buildings within the multifamily/garden apartment/townhouse development at their closest point shall not be less than 25 feet.
§ 186-58 Plantings.
The character and appeal of the site shall be enhanced by retaining and protecting existing trees and other natural features of the site, and through the addition of new planting materials for privacy, shade, beauty of buildings and grounds and to screen objectionable features. Plant materials to be provided shall be in scale with the compositions of the buildings, the site and its various uses and surroundings. Plant materials shall be arranged to harmonize in size, shape, color, texture and winter characteristics with the buildings and development of the grounds. Plant location and spacing shall be determined by ultimate mature growth. Plant materials shall be indigenous to the area or be readily adaptable to the local climate and soil conditions. Plant materials shall not be excessively weedy in habit or growth characteristics, nor be unduly subject to noxious pests or plant diseases. Plant materials shall be included on the site plan in a planting schedule. The schedule should identify, by key, the plant common and scientific name, size, mature growth size, how the plant will be furnished and any special notes for the proper maintenance of the plantings.
§ 186-59 Outdoor lighting.
Lighting for walks, steps, parking areas, streets and other facilities shall be provided at locations to assure the safe and convenient use of such facilities. Fixtures shall be placed and designed in keeping with the character of the development and be adequately shaded to screen the window of dwelling units and adjacent properties from the direct rays from the light fixtures.
§ 186-60 Electric and telephone lines.
All electric power and telephone lines shall be installed underground at a depth at such location as will minimize risk of interruption of service.
§ 186-61 Application procedure.
A.
All applications for multifamily/garden apartment/townhouse developments shall be made in triplicate to the Zoning Officer who shall refer the application, together with all supporting documents, to the appropriate Board for its review and recommendations.
B.
The appropriate Board shall complete its review and deliver its recommendations to the Zoning Officer within 45 days after its next regularly scheduled meeting following receipt of the application from the Zoning Officer.
C.
The Zoning Officer shall either approve or disapprove the application within 10 days after the date of receipt of the recommendations of the appropriate Board or within 10 days after the date on which such recommendations are required to be made by the appropriate Board, whichever is sooner.
D.
Any reasons for disapproval shall be stated in writing and be furnished to the applicant at the time of disapproval. Where the applicant shall have agreed in writing to extend the time permitted for approval or disapproval, the Zoning Officer may delay rendering his decision on the application in accordance with the terms of such agreement.
E.
Where the action proposed to be taken on the application by the Zoning Officer is contrary to the recommendations of the appropriate Board, the matter shall be referred for final decision to the Borough Council, who shall render such decision within 30 days after the receipt of such referral by the Borough Clerk.
§ 186-62 Application details.
All application for multifamily/garden apartment/townhouse developments shall include written and graphic materials necessary to show compliance with the requirements of this section. As a minimum the following materials shall be included:
B.
The lot and block number of the parcel(s) to be included in the development and of all properties within 200 feet in every direction of the property; North arrow and datum or bench mark to which elevations are markers, and fences; and all encroachments or deviations from the description of the parcels in the development site, or conflicts with the description of adjacent properties.
C.
All easements, rights-of-way, setback lines or special uses required by deed restrictions, Borough regulations or by right of agreement, and the location and dimensions of each of the foregoing.
D.
Name and width of streets (paved and total width), drives, roads, alleys, curbs, bridges, culverts, walks, and other established features of the development, both on the property and adjacent thereto for a distance of 200 feet in every direction.
E.
All existing structures and wooded areas within the property and within 200 feet thereof in every direction.
F.
The location and size or capacity of existing sewers, manholes and inlets, including those on and adjacent to the site, showing how these will be utilized or affected by the proposed development.
G.
The location and size or capacity of existing water and gas mains and the location of fire hydrants, showing how these will be affected or utilized by the proposed development.
H.
Elevations over the entire site by accurately plotted contour lines at one-foot intervals, and similar information for abutting properties where extreme grade conditions or the established natural drainage patterns of the site affect such abutting properties.
I.
Natural features, such as preservable trees, springs, watercourses, and rock outcroppings, and available information, such as soil types and conditions, foundations characteristics, elevation of groundwater table, and the extent of man-made fill.
J.
Plot plans and drawings of the proposed multifamily/garden apartment/townhouse development should be prepared, signed and sealed by a licensed architect or engineer and show the intent of the applicant with respect to all planned improvements. The following materials shall be specifically provided:
(1)
Site plans at a scale of not less than one inch to 40 feet showing the location of all buildings and structures, streets, and roads, sidewalks, and other features of the proposed development.
(2)
Grading and drainage plan at a scale of not less than one inch to 40 feet.
(3)
Planting at a scale of not less than one inch to 40 feet.
(4)
Floor plans for each building or type of building to be provided in the development at a scale of not less than 1/8 inch to one foot.
(5)
Building elevations for each building or type of building to be provided in the development at a scale of not less than 1/8 inch to one foot.
§ 186-63 Application fees.
Each application for a multifamily/garden apartment/townhouse development shall be accompanied by filing fee of $150 in cash or certified check.