Only one professional or business practice shall be permitted in any one residence.

Such professional or business practice shall be carried on wholly within the principal building.

Such professional or business practice shall be confined to one floor or basement and shall occupy not more than 400 square feet or 25% of the floor area of said floor or basement, whichever is the lesser.

There shall be no advertising on the premises other than a sign subject to § 175-17C, and there shall be no display of goods on or about the premises.

Not more than one employee shall be employed so that the total number of persons, including the principal, so employed shall be not more than two persons.

The principal conducting the activity shall be the bona fide owner or lessee and resident of the entire residential premises.

In Residence Districts B, C and D, the following uses may be allowed as conditional uses:

Structure (or building) improvements.

Access.

Site plan review. Site plan review in accordance with Chapter 153, Subdivision and Site Plan Review, of the Code of the Borough of Demarest is required.

An application to construct, modify or place the facilities will be subject to site plan review in accordance with Chapter 153, Subdivision and Site Plan Review, of the Code of the Borough of Demarest.

The applicant will be required to demonstrate that the development is the minimal necessary to provide adequate communications as may be authorized by the Federal Communications Commission; that the proposed site is an integral part of a communications network. CMK Communications of New Jersey v. Point Pleasant Zoning Board of Adjustment, Docket No. L-3177-95-PW (Law Div. 1996) p. 17, citing NYNEX Mob. Comm. Co. v. Hazlet Tp., 276 N.J. Super. 598, 612 (App. Div. 1994). As part of this requirement the applicant shall demonstrate that:

Not more than one tower shall be located on each site. A single tower may not have more than three commercial antenna carriers utilizing the same tower, and not more than 27 antennas shall be installed on a single tower.

Area, bulk and yard requirements.

The base of the antenna support structure and any structures accessory to or servicing the cellular telecommunications tower and antennas structure, except for buildings, shall be screened from the street and adjacent properties in a manner acceptable to the applicable Municipal Land Use Board. If deemed necessary by said Board to mitigate the visual impact of the antennas and related structures, the color, materials and design of the tower and antennas and related structures shall be required to be modified in appearance so as to blend in with the surrounding environment, determined by said Board to be appropriate in the particular situation. Mitigation of visual impact may, without limitation, include such methods as painting, landscaping and selection of antenna materials and design or using an alternative tower structure such as man-made trees, clock towers, bell steeples, light poles or similar alternative-design mounting structures that conceal or camouflage the presence of the tower and antennas. The equipment building shall also be constructed to be architecturally compatible with other structures located on the lot.

All structures shall be suitably secured and shall be equipped with an anticlimbing device.

Except as specifically addressed herein, design standards as established by § 153-18, Design Standards, of Chapter 153, Subdivision and Site Plan Review, shall be applicable.

Any generator located on the site in connection with the cellular telecommunications tower and/or antenna structure shall be located within an equipment structure. All fuel shall be contained in accordance with New Jersey Department of Environmental Protection Regulations.

All permitted exterior lighting, including floodlights, parking lot lighting and lighting necessary for the safety and protection of the property shall be made up of a light source and reflector so selected that acting together the light beam is controlled and not directed across any lot line. Additionally, the intensity of light at any residential property line shall not exceed 1/2 footcandle.

The noise level at any residential property line shall not exceed the levels established by N.J.A.C. 7:29-1.2.

Applicants must agree to the co-location for multiple carriers permitted by this chapter to the extent said co-location is permitted by the property owner and to the extent carriers wishing to co-locate on an existing tower are willing to reasonably share in the allocation of costs in connection with the construction, modification and maintenance of the cellular telecommunications tower and antenna structures and any equipment structures.

Removal.

The applicant must demonstrate that pursuant to N.J.S.A. 48:17-8 it has obtained the consent, in writing, of all of the owners of property within 200 feet in all directions of the property upon which the tower and antennas are to be located or within 650 feet of the cellular telecommunications tower and antennas, whichever is greater, and that said owners were advised, in writing, by the applicant that the radio wave to be emitted from the cellular telecommunications tower and antennas is a conduit, as that term is used in N.J.S.A. 48:17-8, which will pass upon, through or over said owners' land.

The applicant must demonstrate pursuant to N.J.S.A. 48:17-8 that it has paid for or agreed to pay all owners of property within 200 feet in all directions of the property upon which the tower and antennas are to be located, or within 650 feet of the cellular telecommunications tower and antennas, whichever is greater, full compensation for any taking resulting by virtue of the radio wave to be emitted from said cellular telecommunications tower and antenna upon, through or over said property owners' land. If there is a dispute between the applicant and the property owner as to the value of the land taken, this provision may be satisfied by the applicant having agreed to be subject to a decision, as to the fair market value of the property taken, by condemnation commissioners pursuant to the Eminent Domain Act or some other legally binding arbiter or court of competent jurisdiction.

A landscape buffer of not less than 25 feet in width shall be provided around any cellular telecommunications tower and antennas located on a lot in a residential district, abutting a residential district or abutting a lot containing a residential use.

No signs shall be permitted in connection with the siting of a cellular telecommunications tower and/or antenna structure.

An applicant must warrant that the proposed cellular telecommunications tower and antennas shall not interfere with any of the Borough's police, fire, ambulance, public works or any municipal emergency transmission or reception equipment. The applicant must further agree that, in the event that such interference occurs after the applicant's operations commence, the applicant will take all necessary steps to eliminate the interference. If the applicant is unable to eliminate the interference or fails to eliminate the interference in a timely manner, it shall cease operations from the offending location until the problem is corrected, upon receiving 10 days' advance written notice from the Borough.

The applicant shall post necessary escrows in accordance with N.J.S.A. 40:55D-53.1 and 40:55D-53.2 to pay the cost of application review and inspection charges by outside consultants retained by the Borough's Planning Board (or Zoning Board of Adjustment, if applicable), which outside consultants shall include without limitation structural, mechanical, electrical and electronic engineers. After completion of construction of a cellular telecommunications tower and antennas, said professionals shall perform as-built inspections and certify to the Borough that the cellular communications tower and antennas comply with all acceptable standards before the applicant may obtain a certificate of occupancy and commence operations.

In addition to the Planning Board (or Zoning Board of Adjustment, if applicable) application process, the applicant must notify the Borough not less than 45 days before construction of a cellular telecommunications tower and antennas or any new or additional services to be installed on said tower. Said notice period may run concurrently with the site plan process in whole or in part.

The applicant must provide as part of its application package an environmental impact statement (EIS) which shall evaluate the effects of the proposed project on the environment. It shall be prepared by consultants as may be deemed qualified by virtue of their systematic interdisciplinary approach to ensure the integrated use of the natural and social sciences and the environmental design arts. The EIS shall be in a form and content as shall be in conformance with guidelines adopted by resolution by the Planning Board of the Borough of Demarest.

The applicant shall provide a certification that the proposed cellular telecommunications tower and antennas do not interfere with or adversely affect any properties, buildings or structures of historical significance located in the Borough of Demarest.

Applicants shall be required as a condition of approval to obtain liability insurance with limits established by resolution of the Planning Board. The Borough of Demarest shall be named as an additional insured on all insurance policies, and the Borough shall be entitled to not less than 30 days' notice of cancellation, termination or modification of the policy.

Any applicant applying to a Borough Municipal Land Use Board to construct, modify or place a cellular telecommunications tower and antennas in any area other than the OL-Overlay Zone shall be required, in addition to establishing proofs regarding the affirmative and negative criteria established by the Municipal Land Use Law,[1] to meet and satisfy all the specifications and standards of this § 175-10D in the same manner as if said cellular telecommunications tower and antennas were to be sited in the OL Zone.[2]

Notwithstanding any provision of this Borough of Demarest Zoning Chapter to the contrary, affordable accessory apartments shall be permitted on a lot within the A, BB, B, C or D Zoning Districts which meets the following requirements:

An affordable accessory apartment shall be a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance which is created to be occupied by a low- or moderate-income household in accordance with the applicable provisions of the substantive rules at N.J.A.C. 5:93-1 et seq. The affordable accessory apartment may be created within an existing dwelling unit, may be created within an existing structure on the lot or may be an addition to an existing home or accessory building.

The minimum yard dimensions specified for the subject zoning district in the schedule entitled "Limiting Schedule, District," as referenced within and attached to Article VI of this chapter, shall be adhered to, provided that any existing yard dimension that is less than a minimum required dimension shall be permitted to remain, but shall not be made less by providing the affordable accessory apartment.

All affordable accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey, including all applicable building codes.

The affordable accessory apartment shall be affirmatively marketed to low- and moderate-income households throughout the Borough's Housing Region and shall be rented only to a household which is either a low- or a moderate-income household at the time of occupancy of the unit.

The affordable accessory apartment shall, for a period of at least 10 years from the date of the insurance of a certificate of occupancy, be rented only to low- or moderate-income households.

Rents of affordable accessory apartments shall be affordable to low- or moderate-income households in accordance with the applicable provisions at N.J.A.C. 5:93-7.4, and shall specifically include an allowance for utilities in accordance with N.J.A.C. 5:93-7.4(h).

There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the affordable accessory apartment is located running with the land and limiting its subsequent rental to the requirements of § 175-11C(4) and (5) hereinabove.

Each affordable accessory apartment shall have living/sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants. It shall consist of no less than two rooms, one of which shall be a full bathroom.

The affordable accessory apartment shall have a separate door with direct access to the outdoors.

The affordable accessory apartments shall be affirmatively marketed to households within the Northeast Housing Region consisting of Bergen, Hudson, Passaic and Sussex Counties, in accordance with the substantive rules and the affirmative marketing plan provisions in § 175-11F of this section hereinbelow.

In the case of an existing accessory apartment previously created illegally on the subject property, the owner is entitled to legitimize the accessory apartment as an affordable accessory apartment under the terms of this section, provided that all of the requirements of this and all related affordable criteria shall apply, and except that no subsidy need be provided by the Borough of Demarest.

The administrative entity shall administer the affordable accessory apartment program, including advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports, and affirmatively marketing the affordable accessory apartment program.

The administrative entity shall only deny an application for an accessory apartment if the project is not in conformance with any and all affordable housing requirements and/or the provisions of this section. All denials shall be in writing with the reasons clearly stated.

The Borough of Demarest shall provide $20,000 per unit to subsidize the physical creation of the first 10 affordable accessory apartments. The program shall be funded by the Borough's existing Affordable Housing Trust Fund.

Prior to the grant of such subsidy to a property owner, the property owner shall enter into a written agreement with the Borough of Demarest insuring that the apartment shall meet the requirements of this section.

A sketch of floor plan(s) showing the location, size and relationship of both the affordable accessory apartment and the primary dwelling within the building or in another structure;

Rough elevations showing the modification of any exterior building facade to which changes are proposed; and

A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; proposed addition, if any, along with the minimum required building setback lines; the required parking spaces for both dwelling units; and any natural or man-made conditions which might affect construction.

Townhomes.

Stacked flats.

Trash.

Fences.

Landscaping and buffering.

Open space.

Minimum lot area: two acres.

Minimum lot width: 150 feet.

Minimum front yard setback: 35 feet.

Minimum side yard setback: 15 feet.

Minimum rear yard setback: 50 feet.

Maximum building coverage: 20%.

Maximum impervious coverage: 50%.

Maximum building height: two stories and 30 feet.

Maximum density: four units per acre.

Garage doors shall face in to the center of the site.

The building closest to County Road shall be designed to look like a large, single-family home.

Building offsets (projects and recesses) shall be provided every 35 feet to break up the mass of the buildings. These offsets shall be a minimum of eight inches.

Parking shall be provided in conformance with the Residential Site Improvement Standards.[2]

Where provided, garages shall be used to park cars and not converted to living space or used as storage units.

One monument sign may be installed to identify the development.

Said sign shall be a maximum of 20 square feet and a maximum of 5 feet tall.

Said sign shall be set back 10 feet from the property line.

Said sign may be externally illuminated.

A lighting plan prepared by a qualified individual shall be provided with site plan applications.

All parking areas shall have a minimum average illumination of 0.5 footcandles.

No lighting at the property line shall exceed 0.5 footcandles.

Light fixtures shall be full cutoff and no taller than 15 feet.

Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, screen parking areas and mitigate averse visual impacts.

Shade trees shall be provided at a rate of one per 50 linear feet along the public right-of-way. Shade trees shall be a minimum three-inch caliper.

Side yard setbacks shall be suitably landscaped where they abut existing single-family homes to provide a solid screen. Said screen shall consist of six-foot-tall evergreens.

Parking and driveways areas shall be landscaped with a combination of shade trees and shrubs. Shrubs shall be a minimum of 2.5 feet tall at installation.

Foundation plantings shall be provided to soften the mass of the buildings. Said plants shall provide seasonal interest at varying heights to complement and provide pedestrian scale to the proposed development.

Trash and recycling shall be stored inside each individual garage space.

Block 145, Lot 5 shall provide two affordable family rental units in accordance with the Settlement Agreement.

The affordable units shall meet the standards listed in § 175-46, Affordable housing regulations.

The developer/HOA shall be responsible for retaining a qualified administrative agent, who shall be the Borough's administrative agent, or a certified entity approved by the Council.

All necessary steps shall be taken to market affordable units provided creditworthy pursuant to applicable law.

All uses permitted in the Residential A Zone.

Townhouses.

Recreation centers for the condominium development, lounges, game rooms, private recreational facilities and similar uses serving condominium developments.

Community pool.

Off-street parking.

Fences and walls.

Signs.

Trash enclosures.

Landscaping and buffering.

Public or private open space facilities.

Gazebo to be centrally located containing mailboxes for the condo unit owners.

Minimum tract area: 18 acres, which shall include any acreage for which an environmental easement has been granted to the New Jersey Department of Environmental Protection.

Minimum tract setback, excluding access roads and utilities: 25 feet, except for patios and decks, which patios and decks may be set back 20 feet from any property line, and further excepting accessory buildings and accessory uses abutting Block 120, Lot 16.02 (Alpine Country Club), which accessory buildings or accessory uses may be set back five feet from the property line at such locations.

Minimum distance between buildings:

Maximum building length: 200 feet excluding eaves, gutters, and covered porches.

Maximum building coverage: 10%.

Maximum impervious coverage: 15%.

Maximum density: 24 units for the entire tract.

Maximum building height: 2.5 stories and 37 feet, which is measured for each individual unit from the average finished grade to the peak. Average finished grade shall be calculated by taking proposed finished grades at ten-foot intervals along each exterior wall of each individual unit at the foundation line.

Buildings shall be constructed of brick, stone, cast stone, hardy plank siding, or other high-quality material.

Buildings shall be designed to avoid long monotonous, uninterrupted walls or rooflines. Wall offsets shall be used to provide architectural interest and variety and relieve the visual effect of a simple, long wall. Said offsets include projections from the building, such as balconies, canopies, porches, and decks.

Roofline offsets, which include dormers and gables, shall be provided to provide architectural interest and variety to the massing of a building. The maximum spacing between roof offsets shall be 35 feet.

The architectural design of the front facade shall be continued around all visibly exposed sides of a building. All sides of a building shall be consistent in design, including style, materials, and details.

All main building entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.

Gable and hipped roofs shall be used to the greatest extent possible. Both gable and hipped roofs shall provide overhanging eaves on all sides that extend a minimum of one foot beyond the building wall.

Parking shall be provided in conformance with the Residential Site Improvement Standards,[1] including the guest parking requirements.

A minimum of one attached garage space is required per unit.

One monument sign is permitted to be installed to identify the development, and one sign shall be permitted to identify the roadway as private.

Said sign shall be a maximum of 20 square feet and a maximum of five feet tall.

Said sign may be externally illuminated.

A lighting plan prepared by a qualified individual shall be provided with site plan applications.

All parking areas shall have a minimum average illumination of 0.5 footcandles.

Public and private streets shall have a minimum average of one footcandle over the cartway.

No lighting at the property line shall exceed 0.5 footcandles, except for where there is an access road.

Light fixtures shall be full cutoff where required and no taller than 15 feet.

Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, screen parking areas, and mitigate averse visual impacts.

Landscape plans shall be prepared by a New Jersey licensed landscape architect. A plant list shall be provided, listing quantity, plant key, botanical name, common name, installation size, and mature size.

Shade trees shall be provided easterly from the intersection of Duane Lane and Brenner Place at an average of 50 feet on center. Shade trees shall be provided along all internal roadways, whether public or private, at an average of 60 feet on center. Shade trees shall be a minimum of three inches caliper and 10 feet in height at the time of planting. The following shade tree species are permitted:

Foundation plantings shall be provided to soften the mass of the front facade of buildings. Said plants shall provide seasonal interest at varying heights to complement and provide pedestrian scale to the proposed development.

Surface parking areas shall be landscaped with a combination of shade trees and shrubs. Shade trees shall be a minimum three-inch caliper and shrubs shall be no less than one foot tall at the time of installation. One shade tree and one shrub shall be provided for every 10 parking spaces.

The tract setback shall be suitably landscaped, where required by the Planning Board, to provide a visual screen from adjacent uses. Where existing vegetation can provide a suitable screen, the existing vegetation shall be illustrated on the landscaping plan to confirm. If additional landscaping is required, the landscape architect shall develop a plan that reasonably accomplishes same. Excluded from the foregoing shall be areas that are to be used for detention/water quality facilities. In such areas, the developer, through its landscape architect, shall create an appropriate landscape area separating the new development from the existing golf course.

Fences and walls between a building and public street shall be a maximum of six feet tall.

Fences and walls not located between a building and public street shall be a maximum of six feet tall.

The piers supporting the entrance gates to the development and the adjoining walls to such piers shall not exceed seven feet in height plus decorative lighting may be installed on top, provided such decorative lighting does not exceed two feet for a total of not more than nine feet in height. The entrance gates shall not exceed nine feet in height.

The trash enclosure shall not be visible from any public street.

The trash enclosure shall be constructed of a six-foot-tall masonry wall on three sides and a solid heavy-duty gate closure on the fourth side.

The trash enclosure shall be surrounded and screened on three sides by a mixture of evergreen plants. Evergreen plants must be at least six feet tall at the time of planting.

Block 119, Lots 1.05, 1.06, and 1.07 (which were to have been changed to Block 119, Lot 1.51) and Block 120, Lots 1.03 and 1.04 (which were to have been changed to Block 120, Lots 1.31, 1.32, 1.41 and 1.42 on the Tax Assessment maps of the Borough of Demarest) shall provide five affordable housing units through a payment in lieu of $1,000,000. The payments shall be made based upon the milestones set forth herein:

Streets, curbs, gutters, sidewalks (which at the discretion of the developer may be waived if they are not on a public street), pavements, street signs, parking lots, the water supply, fire hydrants, the sanitary sewer system, and stormwater management shall be designed pursuant to the Residential Site Improvement Standards (N.J.A.C. 5:21).

Off-tract improvements are required whenever an application for development requires the construction of off-tract improvements that are clearly, directly, and substantially related to or necessitated by the proposed development. The Planning Board, as the case may be, may require as a condition of final site plan or subdivision approval that the applicant provide for such off-tract improvements if such off-tract improvements are necessitated by the townhouse development. Off-tract improvements shall include water, sanitary sewer, drainage, and street improvements.

Determination of cost. When off-tract improvements are required, the Borough Engineer shall calculate the cost of such improvements in accordance with the procedures for determining performance guaranty amounts in N.J.S.A. 40:55D-53.4. Such costs may include, but not be limited to, any or all costs of planning, surveying, permit acquisition, design, specification, bidding, construction, construction management, inspection, legal, traffic control and other common and necessary costs of the construction of improvements. The Borough Engineer shall also determine the percentage of off-tract improvements that are attributable to the applicant's development proposal and shall expeditiously report his findings to the Planning Board and the applicant.

Improvements required solely for the application's development. Where the need for an off-tract improvement is necessitated by the proposed development and no other property owners receive a special (i.e., more than incidental) benefit thereby, or where no planned capital improvement by a governmental entity is contemplated, or the improvement is required to meet the minimum standard of the approving authority, the applicant shall be solely responsible for the cost and installation of the required off-tract improvements. The applicant shall elect to either install the off-tract improvements or pay the municipality for the cost of the installation of the required off-tract improvements.

Performance guaranty. If the applicant elects to construct the improvements, the applicant shall be required to provide, as a condition of final approval, a performance guaranty for the off-tract improvements in accordance with N.J.S.A. 40:55D-53 and § 172-12.1N(2) above.

Certification of costs. Once the required off-tract improvements are installed and the performance bond released, the developer shall provide a certification to the Borough Engineer of the actual costs of the installation. The Borough Engineer shall review the certification of costs and shall either accept them, reject them, or conditionally accept them. In the review of costs, the Borough Engineer shall have the right to receive copies of invoices from the developer sufficient to substantiate the certification. Failure of the developer to provide such invoices within six months of the Borough Engineer's request shall constitute forfeiture of the right of future reimbursement for improvements that benefit other.

Time limit for reimbursement. Notwithstanding any other provisions to the contrary, no reimbursement for the construction of off-tract improvements providing excess capacity shall be made after 10 years has elapsed from the date of the acceptance of the certification of costs by the Borough Engineer.

All applications within the Residential Multifamily-2 Overlay District shall include a statement from the developer or its professional that the proposed development is in compliance with § 153-4H of the Borough of Demarest Code.

All applications within the Residential Multifamily-2 Overlay District shall comply with § 153-4, Performance standards.

Site plans submitted as part of any application within the Residential Multifamily-2 Overlay District shall be prepared in accordance with § 153-5.