East Hanover Township, NJ Zoning Ordinance

§ 95-43 Purpose; interpretation.

It shall be the purpose of this article to promote health, safety, morals and general welfare; prevent the overcrowding of land and buildings; avoid undue concentration of population; provide adequate light and air, with reasonable consideration to the character of the zone and its peculiar suitability for particular uses, and with the objective of conserving the value of property and encouraging the most appropriate use of land throughout the Township.

§ 95-44 Establishment of Zones.

[Amended 12-14-1982 by Ord. No. 31-1982; 11-8-1984 by Ord. No. 27-1984; 11-21-1989 by Ord. No. 14-1989; 11-21-1989 by Ord. No. 19-1989; 12-3-1992 by Ord. No. 23-1992; 12-3-1992 by Ord. No. 24-1992; 6-13-1996 by Ord. No. 13-1996; 5-15-1997 by Ord. No. 17-1997; 10-2-2017 by Ord. No. 11-2017; 8-5-2019 by Ord. No. 11-2019; 12-12-2019 by Ord. No. 19-2019; 7-6-2020 by Ord. No. 4-2020; 10-5-2020 by Ord. No. 6-2020; 3-2-2026 by Ord. No. 02-2026; 3-2-2026 by Ord. No. 03-2026]

Zones. The land within the Township is hereby divided into the following zones:

	R-10 One-Family, Residential (10,000 square feet minimum)
	R-11 One-Family, Residential (11,250 square feet minimum)
	R-15 One-Family, Residential (15,000 square feet minimum)
	R-20 One-Family, Residential (20,000 square feet minimum)
	R-120 Residential (3-acre density)
	R-120-CR Residential, Commercial and Recreational
	SFA Single-Family Attached
	B-1 Neighborhood Business
	B-2 Highway Business
	B-2B Highway Business
	R-L Research Laboratory and Office
	PB-1 Professional and Business Office (1/2 acre minimum)
	PB-2 Professional and Business Office (3 acres minimum)
	PB-3 Professional and Business Office (50 acres minimum)
	I-3 Light Industry (3 acres minimum)
	I-1 Light Industry (1 acre minimum)
	P Public
	CEM Cemeteries
	HD/OCI Highway Development/Office, Commercial, Industrial (Hartz)
	RAH-1 Residential Affordable Housing District (Nike)_
	RAH-4 Residential Affordable Housing Zone
	R-10/CSAH Residential Affordable Housing District (Dixon)
	RMF Residential Multi-Family [Block 42, Lots 37, 38, and 41 (also known as 100 and 112 Deforest Avenue and 188 River Road)]
	RMF-2 Residential Multi-Family
	RMF-3 Residential Multi-Family 3 Overlay
	RMF-4 Residential Multi-Family 4 Overlay
	RMF-5 Residential Multi-Family 5 Overlay
	SED (Special Economic Development) Industrial District

Zoning Map.[1] The aforesaid zones are hereby established by designations, locations and boundaries thereof as set forth and indicated on the Zoning Map, entitled "Zoning Map, Township of East Hanover, Morris County, New Jersey," dated July 2020, prepared by the Township Planner, Maser Consulting. Said Zoning Map is hereby incorporated into and made a part of this article.

[1]

Editor's Note: See also the Table of Zoning Map Amendments, included at the end of this chapter.

Zone boundaries. Where uncertainty exists as to any of said boundaries as shown on said map, the following rules shall apply:

(1)

Zone boundary lines are intended to follow the center lines of streets, railroad and utility line rights-of-way, streams and lot or property lines as they exist on plats of record at the time of the passage of this chapter, unless such zone boundary lines are fixed by dimensions as shown on the Zoning Map.

(2)

Where such boundaries are not fixed by dimensions and where they approximately follow lot lines and where they are not more than 10 feet distant therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.

(3)

In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.

§ 95-45 Schedule.

Deemed part of article; minimum requirements.

(1)

The schedule of requirements entitled "Schedule of Area Requirements, Zoning Ordinance of the Township of East Hanover, which is attached hereto,[1] applying to the yards and other open spaces to be provided contiguous thereto and all other matters contained therein, as indicated for the various zones established by this article, is hereby declared to be a part of this article.

[Amended 8-27-1981 by Ord. No. 21-1981]

[1]

Editor's Note: The Schedule of Area Requirements is included at the end of Article VII.

(2)

The requirements listed for each zone as designated, reading from left to right across the schedule, are hereby prescribed for such zones, subject to the other provisions in this article, and shall be deemed to be the minimum requirements in every instance of their application.

§ 95-46 General regulations.

No building shall hereafter be erected and no existing building shall be moved, structurally altered, added to or enlarged, rebuilt nor shall any land be designed, used or intended to be used for any purpose other than those purposes permitted in this article. Nor shall any open space contiguous to any building be encroached upon or reduced in any manner except in conformity to the yard, lot area, building location, percentage of lot coverage and such other regulations designated in the schedule appended hereto, constituting a part of § 95-45 of this article, for the zone in which such building is located. In the event of any such unlawful encroachment or reduction, such building or space shall be deemed to be in violation of the provisions of this article and the certificate of occupancy for such building shall thereupon become null and void.

Every principal building shall be built upon a lot with frontage upon a public street, and there shall be no accessory structure without a principal structure on a lot.

[Amended 12-3-1992 by Ord. No. 23-1992; 11-13-1997 by Ord. No. 48-1997]

(1)

No residential lot shall have erected upon it more than one residential building.

(2)

Except as otherwise herein provided, a nonresidential lot shall not have erected upon it more than one principal structure. This provision shall not apply to:

(a)

Antennas and towers pursuant to Ordinance No. 36-1997[1] located within the P, R-L, HD/OCI and SED Zones, respectively, as well as state-owned property located in the Township of East Hanover.

[1]

Editor's Note: See Ch. 95, Art. IXA, Telecommunications Antennas and Towers.

(b)

Lots located within the Business B-2 Zone and B-2B Highway Business Zone, if such lots conform to the following conditions:

[Amended 7-12-2004 by Ord. No. 24-2004]

[1]

All structures built on any lot in the Business B-2 Zone or the B-2B Highway Business Zone shall be of nonresidential use.

[2]

The minimum lot area shall not be less than five acres.

[3]

There shall be highway frontage of at least 400 feet.

[4]

The separation between principal buildings shall be a minimum of 40 feet. A greater separation may be required, if necessary, by the Board having jurisdiction over an application for development for the construction of storm drainage, water, sanitary sewer and other utilities and for primary access and traffic circulation.

[5]

Lot coverage of all buildings constructed on the lot shall not exceed 30% of the total area of the lot.

[6]

Minimum setback distances from the front, side and rear lot lines shall meet zone requirements.

[7]

Any substantial subdivision shall take place only on the basis of one principal use on the lot with provisions for all required area, frontage and setback requirements.

(3)

A nonresidential lot shall only have uses of structures permitted thereon in accordance with the appropriate zoning designation on the Zoning Map.

Off-street parking space and garage space shall be provided with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the same is situated and shall not thereafter be encroached upon or reduced in any manner. No permanent parking facilities shall be permitted within 20 feet of any street line in a zone. There shall be provided not less than one garaged parking space for each dwelling unit in a residential zone, and no commercial registered vehicle owned or used by an occupant of the dwelling, in excess of 3,000 pounds (load capacity as determined by manufacturer's payload specifications), shall be parked outdoors overnight in any residential zone.

[Amended 8-27-1981 by Ord. No. 21-1981; 4-3-2018 by Ord. No. 3-2018]

Where a lot is formed from part of a lot already occupied by a building, such separation shall be effected in such a manner as not to impair any of the requirements of this article with respect to the existing building and all yards and other open spaces in connection therewith. No permit shall be issued for the erection of a new building on the new lot thus created unless it complies with all the provisions of this article.

[Amended 4-3-2018 by Ord. No. 3-2018]

Accessory structures, private garages, and portable on-demand storage structures.

[Amended 7-1981 by Ord. No. 21-1981; 7-10-2000 by Ord. No. 19-2000; 5-9-2005 by Ord. No. 9-2005; 7-10-2006 by Ord. No. 11-2006; 8-8-2011 by Ord. No. 6-2011; 10-2-2017 by Ord. No. 9-2017; 4-3-2018 by Ord. No. 3-2018; 8-6-2018 by Ord. No. 9-2018]

(1)

Accessory structures.

(a)

Detached accessory structures shall be located to the rear of the front building line of the principal structure and shall comply with the provisions of the schedule governing their location in each zone.

(b)

No more than two detached accessory structures are permitted on a single-family residential property. For the purposes of this section, pools are not to be counted in the maximum number of accessory structures.

(2)

Private garages and driveways. The following standards apply to all private garages and driveways associated with detached single-family residential buildings in all zoning districts:

(a)

Attached garages.

[1]

Attached garages are to be considered part of the principal building to which they are attached and shall comply with the provisions of the schedule governing the location of the principal building in each zone.

[2]

Front-loaded garages shall be limited to two vehicles. Side-loaded garages, i.e., having the vehicle doors face a side line, may contain up to three vehicles.

[3]

Both front-loaded garages and side-loaded garages are to be considered part of the principal building and must adhere to all required yard setbacks applicable to the principal building.

(b)

Detached garages.

[1]

Detached garages are to be considered accessory structures and shall be included in the calculation of the number of and coverage by accessory structures; and shall comply with the setback provisions for accessory buildings.

[2]

While maintaining the required setbacks for accessory buildings, detached garages shall be placed to the rear of the principal building and located in a manner that maintains access to and use of the rear yard, provides adequate space to maintain the garage, and lessens the visual impact on neighboring residential properties.

[3]

The ground floor area of a garage shall not exceed 30% of the ground floor area of the principal building or 1,000 square feet, whichever is less.

[4]

The pitch of a garage roof should, to the greatest extent possible, match the pitch of the roof on the principal residential building, but in no case shall the garage exceed 15 feet or 1 1/2 stories in height.

(c)

All garages.

[1]

Garages shall not accommodate more than three vehicles or have more than three vehicle doors. All vehicle doors on a garage shall be the same height. Garage doors shall contain elements such as panels and windows to reduce the apparent size of the door(s).

[2]

Where garages are required pursuant to the minimum parking standards of any residential zone, the elimination of said garage through demolition or conversion to habitable living space shall be offset with a new attached or detached garage space. No required garage space shall be eliminated without replacement.

(d)

Driveways.

[1]

Driveways shall have a maximum width of 22 feet. However, parcels with a lot frontage of 75 feet or greater may have the lesser of the following: a maximum driveway width that is 30% of the lot frontage or 30 feet. Said width shall be along any point of the driveway from the street to the garage or to a turn or turnaround area, if applicable. The dimensions of the turn/turnaround area shall be approved by the Township Engineer.

[2]

The amount of impervious coverage in the area between the front wall of the principal building and the front property line between the two side lines shall be limited to a maximum of 40% of said area.

[3]

Driveways shall be set back at least four feet from an adjoining property line. The setback area shall be suitably landscaped. When side-loaded garages face a residential property, appropriate landscaping or fencing shall be provided along the adjoining property line to buffer the impact of headlights and vehicle exhaust on the adjoining property, and to prevent vehicles from overhanging or otherwise encroaching on the adjoining property.

[4]

No more than one driveway is permitted per lot. Circular driveways - that is, a single driveway with a maximum of two curb cuts or access points - shall be permitted where a minimum separation between the two access points of at least 50 feet is provided. Driveways on a corner lot shall only access one street, and the curb cut shall be located at least 30 feet from the intersection of the right-of-way lines. The maximum width of a curb cut shall be 24 feet.

[5]

Driveway permits, for a fee of $50, shall be obtained for all driveway construction and subject to approval by the Township Engineer.

[6]

Driveways shall be constructed to provide sight distances conforming to the standards set forth within "A Policy on Geometric Design of Highways and Streets," published by the American Association of State Highway and Transportation Officials, except that in performing the analysis, the location of the driver's eye shall be 15 feet behind the curb line or edge of pavement. Within the established sight triangle, there shall be no hedge, tree stand, fence or wall higher than three feet, nor any obstruction to vision other than a post, column or tree not exceeding in cross section one square foot or one foot in diameter between a height of three feet and 10 feet above the established grade of the street or driveway at its point of intersection with the street.

(3)

Portable on-demand storage.

(a)

A portable on-demand storage structure may be utilized as a temporary accessory structure within the Township's residential zones when in compliance with the standards of this section. Any use of such structures within the Township not in compliance with this subsection shall be unlawful and subject to fines and penalties as permitted under the Township Code.

(b)

Use of a portable on-demand storage structure shall only be permitted where a temporary zoning permit has been issued by the Zoning Officer.

[1]

Applications for a temporary zoning permit for the use of a portable on-demand storage structure shall be submitted with a hand sketch showing the location of the portable on-demand storage structure on a site plan, survey, or lot diagram, and detailing the distance of such unit from other buildings, trees, fire hydrants, Fire Department connections and/or utilities; and a permit fee of $25 to review the temporary zoning permit.

[2]

All portable on-demand storage structures shall be placed in driveways adjacent to the principal structure, no closer than four feet to the side yard and no closer than 15 feet to the front yard property line. No portable on-demand storage structure shall block any sight triangles.

(c)

Delivery and pickup of structures. A portable on-demand storage structure may be delivered or picked up between the hours of 7:00 a.m. and 6:00 p.m. during weekdays and between the hours of 9:00 a.m. and 6:00 p.m. during the weekends and on federal holidays.

(d)

Length of time structures may be on property; extensions.

[1]

A portable on-demand storage structure may be located as a temporary structure on property within the Township for a period not exceeding 30 days in duration from time of delivery to time of removal, with the right to one thirty-day extension, if deemed necessary and appropriate by the Zoning Officer.

[2]

Where a building permit has been issued for the property, the portable on-demand storage structure may be located as a temporary structure on property for a period not exceeding six months, with the right to one thirty-day extension if deemed necessary and appropriate by the Zoning Officer.

[3]

Extensions beyond those permitted above may be granted by the Township Council. The property owner seeking said extension must apply to the Council at the same time the thirty-day extension is applied for.

(e)

No portable on-demand storage structure located within the Township shall contain flammable, combustible, toxic or hazardous materials.

A building attached to the main building shall comply in all respects with the requirements of this article applicable to the main building.

When the rear yard of a corner lot adjoins the front yard of a lot to the rear, no building on such corner lot shall be located nearer to the street line of the street on which the lot to the rear faces than a distance equal to the depth of front yard required on such lot to the rear.

Accessory and incidental uses.

(1)

Nothing in this article shall be deemed to prohibit the following accessory and incidental uses in addition to those specified in this article:

(a)

Customary recreational and service uses and buildings in a public park, playground or other public recreational area, incidental to the recreational use of such area.

(b)

Excavation for construction of a building on the same lot.

(c)

Water mains, pumps, valves and hydrants; electric conductors, wires and supporting structures, transformers, switches and substations; manholes, ducts, cables, vaults and vents for any public utility use.

(2)

Each of the accessory and incidental uses specified in this subsection shall be deemed to be a permitted use in every zone.

If the average alignment (as defined in § 95-3A) of existing structures differs from the front yard requirements of the schedule, all new structures shall provide a front yard equal to such average alignment.

Where a property line of a nonresidential use abuts the boundary of a residential zone, the adjacent strip of property in such nonresidential zone and no less than 10 feet in width shall be utilized as a buffer area in accordance with the specifications set forth in § 95-37B(5) unless waived by the appropriate municipal board at the time of site plan application. A screening or hedge or other natural landscaping consisting of four-foot-high evergreen plants in two rows five feet apart and with plants five feet apart in each row may be substituted for the planting referred to above if approved by the Planning Board.

[Amended 8-27-1981 by Ord. No. 21-1981]

In Residence R-20, R-15 and R-10 Zones, the minimum frontage at the street line specified in the Schedule of Area Requirements, Zoning Ordinance of the Township of East Hanover, dated November 1, 1976, and attached hereto, shall be increased by 25 feet in the case of corner lots which abut the following streets: River Road, Ridgedale Avenue, South Ridgedale Avenue, Mt. Pleasant Avenue, Hanover Road, Troy Road, Eagle Rock Avenue and DeForest Avenue.

The raising, breeding or keeping of horses and ponies, except in the R-120 Zone on a minimum size lot of 10 acres, is hereby prohibited.

Any and all fences erected shall not be more than six feet in height, except where a lesser height is required by this Code, and the finished side, as designated by the Construction Office, shall face out, i.e., toward adjoining properties.

[Amended 7-10-2000 by Ord. No. 19-2000; 8-7-2006 by Ord. No. 19-2006]

(1)

When a wall or fence is installed on top of a berm, railroad tie wall or other similar structure or mounding, the height of the fence shall include the height of the berm, retaining wall or other mounding which is at a higher elevation than the predominant grade of the property on which the fence is located, as determined by the Zoning Officer. No fence installed on top of a berm, wall, mounding, or other structure shall exceed four feet in height, measured from the bottom of the structure to the top of the fence, unless the fence is located three or more feet from the face of the structure, then the height is calculated separately for the structure and the fence.

[Amended 10-7-2019 by Ord. No. 13-2019]

(2)

The yard requirements of this chapter shall not be deemed to prohibit the following types of otherwise lawful fences and walls.

(a)

A fence, not exceeding six feet in height, across the rear lot line of the property and along the side lot lines from the rear lot line to a point equal to the front line of a dwelling if the same were extended to said side line, and across the dwelling line extended to the side line. For the purpose of corner lots, the street frontage that the front door of a dwelling faces shall be treated as a front yard and the street frontage not faced by the front door shall be treated as a side yard. In no instance shall a six-foot-tall fence be installed between the front door façade and the right-of-way.

[Amended 7-1-2024 by Ord. No. 07-2024]

(b)

A front yard fence not exceeding 48 inches at its highest point and not less than 50% open, such as picket fences and post and rail fences, but in no instance shall a front yard fence be made of chain link or similar materials. A "front yard fence" is defined as any fence that is on a residential property between the plane of the facade of the residence and the property line. (Note: On many streets the property line is not the edge of pavement but at some point off said edge of pavement. Fences are not permitted in the right-of-way which is the area between the property line and the edge of pavement.) For the purpose of corner lots, the street frontage that the front door of a dwelling faces shall be treated as a front yard and the street frontage not faced by the front door shall be treated as a side yard.

[Amended 7-1-2024 by Ord. No. 07-2024]

(c)

A fence, not exceeding six feet in height, shall be permitted along residential property lines adjacent to and parallel with a county road regardless of the yard designation. However, said fence shall not obstruct any sight line as required pursuant to municipal, county or state ordinance/regulation as well as the sight distance requirements pursuant to the American Association of State Highway and Transportation Officials manual.

[Amended 10-7-2019 by Ord. No. 13-2019]

(3)

The horizontal members of fences shall be of the same material composition as the vertical members and shall be no wider nor of greater diameter than the vertical members and in no case shall be wider than nor have a diameter greater than six inches

(4)

The use of barbed wire, razor wire or similar shall not be permitted on any fence or atop any wall, except for walls or fences where the use of such is required by state or federal statute or regulation.

(5)

Fences and/or walls which impede the natural flow of drainage across property lines are prohibited.

(6)

Fences and walls shall comply with corner site clearance provisions in Subsection Q hereof.

Any use which is not specifically permitted under the appropriate zone designation is thereby prohibited, and, in addition, certain uses are specifically prohibited in each zone.

For a period of 50 years from the date of completion of sanitary sewer construction known as Phases 1, 2 and 3 within the Township, no sewer hookup or other connections to the sewage collection system included in the scope of the Township's grants from the United States Environmental Protection Agency will be allowed or permitted so as to allow the discharge of wastewater from any building, facility or other construction on any parcel of land within the one-hundred-year floodplain as defined by the United States Department of Housing and Urban Development (HUD), or any area mapped as wetlands in accordance with the requirements of the New Jersey Wetlands Act of 1970, which land parcel as of September 7, 1979, was undeveloped (i.e., upon which no building, facility or other construction had been erected or placed). The affected parcels are contained in Table 1, Land Parcels Within Floodplain Wetlands Areas, in a report entitled "Flood Plain/Wetlands Mapping," dated April 1980, prepared by Van Note -- Harvey Associates. The affected parcels are delineated on the maps entitled "Floodway and Wetlands - Superimposed on Tax Map, Township of East Hanover," revised September 17, 1979, by Van Note -- Harvey Associates.

[Added 3-19-1981 by Ord. No. 3-1981]

(Reserved)[2]

[2]

Editor’s Note: Former Subsection P, Affordable alternative marketing, pricing and income regulations, added 11-21-1989 by Ord. No. 15-1989, was repealed 12-29-2009 by Ord. No. 15-2009.

Corner sight clearance. On every corner lot within the triangle formed by the property lines on such lot and a line drawn between points on such lines at the distance from their intersection specified below, there shall be no fence or wall higher than three feet, nor any obstruction to vision other than a post, column or tree not exceeding in cross section one square foot or one foot in diameter, between a height of three feet and 10 feet above the established grade of either street.

[Added 7-10-2000 by Ord. No. 19-2000]

(1)

For a lot having an interior angle of 90° or more at the corner thereof, 20 feet.

(2)

For a lot having an interior angle of less than 90° at the street corner thereof, 20 feet plus one foot for every 10° or major fraction thereof by which such interior angle is less than 90°.

Yards. Setback requirements for all yards shall be measured from the property line to the foundation of the building.

[Added 7-12-2004 by Ord. No. 25-2004]

(1)

Ground story and bay windows or balconies may project not more than three feet into a required front or rear yard or into any side yard which is more than six feet wide.

(2)

An open porch or entranceway not exceeding one story may project into any required side yard, provided that it does not come nearer to the side lot line than a distance equivalent to 10% of the width of the lot and provide further that no open porch or entranceway shall be required by this section to be more than 10 feet from a side lot line.

(3)

An open porch or entranceway not exceeding one story may project into the minimum required front yard setback a distance of not more than five feet.

[Amended 7-1-2024 by Ord. No. 07-2024]

(4)

Wooden decks and decks with a roof, awning or trellis attached to a principal dwelling may encroach into a rear or side yard not more than 50% of the minimum side or rear yard requirement for the principal building; provided, however, that in no event shall such deck extend closer than either the minimum setback requirement for accessory structures in the respective zone district or six feet, whichever is greater. Wooden decks with a roof, awning or trellis must be open on three sides to qualify for this reduced setback.

[Amended 7-1-2024 by Ord. No. 07-2024]

(5)

Cornices and eaves may not project more than two feet over any required yard.

(6)

Sills, leaders, belt courses and similar ornamental or structural features may project not more than six inches into any required yard.

(7)

A chimney may project not more than three feet into any required yard.

(8)

A fire escape or open fire balcony may project into a required yard not more than four feet.

(9)

The requirements of this subsection shall not apply to any necessary retaining wall or steps associated therewith.

Second floor additions. A bulk variance from a yard setback is not required when the construction of a second floor addition is proposed to be located over an existing approved first floor footprint of a single-family residential home.

[Added 11-4-2015 by Ord. No. 10-2015]

Market-rate multifamily dwelling units shall not have more than two bedrooms.

[Added 11-7-2022 by Ord. No. 9-2022]

§ 95-46.1 Prohibited uses.

[Added 11-8-1984 by Ord. No. 32-1984; amended 11-3-1988 by Ord. No. 17-1988]

The following uses shall be prohibited uses within all zones within the Township of East Hanover:

Refuse transfer stations.

Composting.

Heliports/helistops.

Sex clubs and massage parlors.

[Added 11-9-1995 by Ord. No. 31-1995]

Tattoo parlors.

[Added 11-9-1995 by Ord. No. 31-1995]

Short-term rentals.

[Added 10-5-2020 by Ord. No. 5-2020]

(1)

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

ADVERTISE or ADVERTISING

Any form of solicitation, promotion, and/or communication for marketing, used to solicit, encourage, persuade, or manipulate viewers, readers, or listeners into contracting for goods and/or services in violation of this subsection, as same may be viewed through various media, including, but not limited to, signs, newspapers, magazines, flyers, commercials, radio, direct mail, internet websites, or text or other electronic messages for the purpose of establishing occupancies or uses of property, for consideration, which are prohibited by this section.

CONSIDERATION

Soliciting, charging, demanding, receiving, or accepting any legally recognized form of consideration, including a promise or benefit, a quid pro quo, rent, fees, other form of payment, or thing of value.

DWELLING or DWELLING UNIT

A building or portion thereof, whether furnished or unfurnished, which is occupied in whole or in part, or intended, arranged, or designed to be occupied, for sleeping, dwelling, cooking, gathering, and/or entertaining, as a residential occupancy, by one or more persons. This definition includes an apartment, condominium, building, single-family home or portions thereof that are offered to be used, made available for use, or are actually used for accommodations, lodging, cooking, sleeping, gathering and/or entertaining of occupants and/or guest(s) for consideration.

HOSTING PLATFORM

A website or marketplace in whatever form, whether online or not, which facilitates short-term rentals or the rental of the exterior (e.g., pool, pool area, backyard) of a residential unit through advertising, searching, matchmaking, or any other means, using any medium of facilitation and from which the operator of the hosting platform derives revenues, including but not limited to booking fees or advertising revenue, from providing or maintaining the website or marketplace.

HOUSEKEEPING UNIT

Constitutes a family-type situation, involving one or more persons living together that exhibit the kind of stability, permanency, and functional lifestyle equivalent to that of a traditional family unit, as further described in the applicable reported and unreported decisions of the New Jersey Superior Court.

OCCUPANT

Any individual using, inhabiting, living, gathering, entertaining, being entertained as a guest, or sleeping in a dwelling unit, or portion thereof, or having other permission or possessory right(s) within a dwelling unit.

OWNER

Any person(s) who legally uses, possesses, owns, leases, subleases, or licenses (including an operator, principal, shareholder, director, agent, or employee, individually or collectively) one or more dwelling units, or who has charge, care, control, or who participates in the expenses and/or profit of a dwelling unit pursuant to a written or unwritten agreement, rental, lease, license, use, occupancy agreement or any other agreement.

PERSON

An individual, firm, corporation, association, partnership, limited-liability company, association, entity, and any person(s) and/or entity(ies) acting in concert or any combination therewith.

RESIDENTIAL OCCUPANCY

The use of a dwelling unit by an occupant(s).

SHORT-TERM RENTAL

A residential occupancy for a period of less than 175 days.

(2)

Short-term rentals prohibited.

(a)

Notwithstanding anything contrary contained in the Township Code, it shall be unlawful for a person or owner to receive or obtain actual or anticipated consideration for using, authorizing, permitting, or failing to discontinue the use of any dwelling unit used as a short-term rental, as defined herein.

(b)

It shall be unlawful for a person or owner to receive or obtain actual or anticipated consideration for using, authorizing, permitting, or failing to discontinue the rental of all or a portion of the exterior of any residential property. This shall include the rental of the pool, pool area, and backyard.

(c)

Nothing in this section prevents formation of an otherwise lawful residential occupancy of a dwelling unit for a rental period of 175 days or more.

(d)

Nothing in this section shall be deemed to prohibit the lawful operation of any hotel as that term is defined in the New Jersey Hotel and Multiple Dwelling Law, N.J.S.A. 55:13-1 et seq.

(3)

Permitted uses.

(a)

The residential occupancy of an otherwise lawful and lawfully occupied dwelling unit for any number of days by any person who is a member of the housekeeping unit of the owner or a houseguest(s), without consideration, is permitted.

(4)

Advertising prohibited, hosting platform regulations.

(a)

It shall be unlawful for any person to advertise by any means that would be in violation of the provisions of this section.

(b)

It shall be unlawful for any hosting platform to undertake, maintain, authorize, aid, facilitate or advertise any short-term rentals in violation of this section.

(c)

It shall be unlawful for any hosting platform to undertake, maintain, authorize, aid, facilitate or advertise all or a portion of the exterior of any residential property for rent in violation of this section.

(5)

Violations, penalties and enforcement.

(a)

The provisions of this section shall be enforced by the Building Code Official, Fire Official, Health Department, other subcode or code official, as their jurisdiction may arise, including legal counsel for the Township or other person designated by the Township Council to issue municipal civil infractions directing alleged violators of this section and/or to appear in court or file civil complaints.

(b)

A violation of this section is hereby declared to be a public nuisance per se and is hereby further found and declared to be offensive to the public health, safety, and welfare.

(c)

Any person found to have violated any provision of this section, without regard to intent or knowledge, shall be liable for the maximum civil penalty, upon adjudicated violation or admission, of a fine not exceeding $1,000. Each day of such violation shall be considered a new and separate violation of this section.

(d)

The penalty imposed herein shall be in addition to any and all other remedies that may accrue under any other law, including, but not limited to, eviction proceedings and/other injunction, reasonable attorney's fees or other fees and costs, in the Township's Municipal Court or the Superior Court of New Jersey in the vicinage of Morris County, or in such other court or tribunal of competent jurisdiction, by either summary disposition or by zoning or construction code municipal proceeding.

All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service. Such uses include the following:

[Added 7-6-2021 by Ord. No. 8-2021]

CANNABIS CULTIVATOR

Any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. Cannabis cultivators refers to those uses that require possession of a Class 1 cannabis cultivator license under P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."

CANNABIS MANUFACTURER

Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. Cannabis manufacturers refers to those uses that require a Class 2 cannabis manufacturer license under P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."

CANNABIS WHOLESALER

Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. Cannabis wholesalers refers to those uses that require a Class 3 cannabis wholesaler license under P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."

CANNABIS DISTRIBUTOR

Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. Cannabis distributors refers to those uses that require possession of a Class 4 cannabis distributor license under P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."

CANNABIS RETAILER

Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. Cannabis retailers refers to those uses that require possession of a Class 5 cannabis retailer license under P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."

CANNABIS DELIVERY SERVICE

Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service which, after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. Cannabis delivery services refers to those uses that require possession of a Class 6 cannabis delivery license.

Any business that, as part of its operations, engages in the practice of gifting, sharing or otherwise giving away cannabis, cannabis items and/or related supplies. For purposes of this subsection, "gifting, sharing or otherwise giving away" shall refer to instances in which:

(1)

Cannabis, cannabis items and/or related supplies are given away contemporaneously with another reciprocal transaction between the same parties;

(2)

A gift of cannabis, cannabis items and/or related supplies is offered or advertised in conjunction with an offer for the sale of goods or services; or

(3)

A gift of cannabis, cannabis items and/or related supplies is contingent upon a separate reciprocal transaction for goods or services.

[Added 7-6-2021 by Ord. No. 8-2021]

§ 95-46.2 (Reserved) [1]

[1]

Editor's Note: Former § 95-46.2, Affordable housing, as amended, was repealed 12-12-2019 by Ord. No. 18-2019.

§ 95-46.3 (Reserved) [1]

[1]

Editor's Note: Former § 95-46.3, Municipal housing liaison, was repealed 12-12-2019 by Ord. No. 18-2019.

§ 95-47 Modifications and exceptions.

General modifications. The following modifications are permitted under the terms and specifications herein:

(1)

Height.

(a)

The height limitations of this article shall not apply to chimneys, church spires, gables, cupolas, standpipes, flagpoles, monuments, transmission towers, radio or television or other antennas as defined in Ordinance No. 36-1997,[1] cables, water tanks and similar structures and necessary mechanical appurtenances for the zone in which the building is located, provided that no such exception shall cover at any level more than 10% of the area of the roof or the ground on which it is located.

[Amended 11-13-1997 by Ord. No. 47-1997]

[1]

Editor's Note: See Ch. 95, Art. IXA, Telecommunications Antennas and Towers.

(b)

Public and institutional buildings and uses shall decrease the setback requirements of the front, rear and side yards by one foot for each foot by which such building exceeds the height limit herein established for such zone in which it is located, but in no case shall any building have a height greater than 50 feet.

(2)

Lots with insufficient street frontage. Any parcel of land with a frontage at the street line less than that prescribed for a lot in the zone in which such lot is which such lot is located, which parcel of land conformed to the former lot area requirement of minimum lot width at the setback line, may be used as a lot for any purpose permitted in the zone, provided that:

[Amended 8-27-1981 by Ord. No. 21-1981]

(a)

Said parcel existed as a separate lot at the date of adoption of Ordinance No. 20-1979.

(b)

The owner thereof owns no adjoining land which would allow the criteria as to frontage at the street line to be met.

(c)

All other scheduled lot area requirements prescribed for the zone by this article are complied with.

(3)

Yards.

[Amended 6-14-2001 by Ord. No. 22-2001]

(a)

Upon application, the appropriate municipal board may vary the yard requirements of a lot to permit the construction of a building in accordance with the following standards:

[1]

Front and rear yards may be reduced, provided that they are not less than the average alignment of the front and rear yards in existence in the same block or within 200 feet of the lot under consideration and on the same side of the street.

[2]

Combined total side yard requirements may be reduced by six inches for each foot a lot is less than the required width prescribed for the zone in which such lot is located, provided that such is deemed necessary to permit construction thereon and provided that no principal building shall be placed nearer than eight feet to any property line.

(b)

Where the owner of any single-family dwelling certifies to the Zoning Official that a resident within the said dwelling shall, because of a disability, require ramped access to the dwelling, the ramp may encroach upon the required front or rear yard setback 1% for each foot of ramp required; provided, however, that no such encroachment may exceed 50%; and provided further that the ramp so constructed shall be considered a temporary accommodation, to be removed not more than six months following the time it is no longer needed as a result of the termination of a disability or because the disabled person no longer resides in the dwelling; and provided further that, because the ramp is a temporary construction, it shall not in any way alter the setback requirement nor establish a new setback line for any other construction. The certification required herein shall be resubmitted on an annual basis.

(4)

Outdoor storage. Any outdoor storage or display in the Township of East Hanover shall be permitted and governed by the terms and provisions of this article.

(a)

The following terms regarding said storage and display are defined or elaborated upon as follows:

BUFFER STRIP

A buffer strip of 10 feet shall be provided wherever adjacent to a residential zone or when the outdoor storage is within the public view as hereinafter defined.

OUTDOOR DISPLAY

Those goods and merchandise for retail sale, rental or awaiting delivery pursuant to any of the permitted uses in the B-2 Zone which are located on the lot out of doors.

OUTDOOR STORAGE APPROVAL

All outdoor storage areas permitted in the Township of East Hanover shall be screened from public view and shall be subject to a site plan application, review and approval by the appropriate municipal board.

OUTDOOR STORAGE AREA

Any area devoted to keeping or storing of goods, merchandise, equipment, raw materials, lumber, machinery, vehicles, contractor storage yards, containers and any similar commercial and industrial material which is not enclosed within a building.

PUBLIC VIEW

Visibility of an outdoor storage area from any public street, park or other public place, any residential or commercial zone or any permitted ground floor residential use within 200 feet of the outdoor storage area.

SCREENING MAINTENANCE

Screening must be maintained in a neat, substantial and safe condition at all times. Fences or walls must be painted or stained unless constructed of masonry or rustproof metal or wire. Dead portions of any live natural screening must be promptly replaced.

SCREENING MATERIALS AND TECHNIQUES

The screening requirements of this article may be satisfied by the use of permanent buildings; fences of masonry, wood, metal or woven wire; or trees, shrubbery or landscaping, separately or in combination, of a sufficient height (not to exceed six feet in the case of man-made fences) and density to screen the outdoor storage area from public view. Wherever natural features or conditions or exceptional topographical considerations presently exist, the Planning Board or the Zoning Board of Adjustment may deem any of these factors sufficient to meet the desired screening requirements. All outdoor storage shall be conducted within the required screening.

(b)

Outdoor storage as defined in this subsection shall be permitted in the B-2, I-1, I-3 and R-L Zones on the Zoning Map of the Township of East Hanover. Outdoor storage shall not be permitted in a B-1 Zone on the Zoning Map of the Township of East Hanover or when a B-1 use is permitted in any other zone on the Zoning Map of the Township of East Hanover, nor in any residential or professional business zone on the Zoning Map of the Township of East Hanover.

(c)

In the I-1 and I-3 Zones on the Zoning Map of the Township of East Hanover, outdoor storage may be permitted in the rear yard and side yard only and shall be limited in area to a maximum of 50% over and above the buildable area allowed by this article.

(d)

In the B-2 Zone on the Zoning Map of the Township of East Hanover, outdoor storage may be permitted in the rear yard and side yard only when the combined building area and outdoor storage area shall not exceed 110% of the buildable area set forth in this article.

(e)

The use of outdoor storage area within the I-I and I-3 Zones on the Zoning Map of the Township of East Hanover is not restricted solely to use by the owners or, if applicable, the tenants of the principal structure, but may also be utilized by others with totally unrelated activities as long as such activities are permitted in the I-I and I-3 Zones and the provisions of this article are complied with.

(f)

The use of outdoor storage area within the B-2 Zone is restricted solely to use by the owners or tenants of the principal structure.

(g)

In any residential zone in the Township of East Hanover, no front yard shall be used for open storage of boats, trailers, vehicles or equipment, except for passenger automobiles that are in operating condition and parked on designated driveways. All open storage areas in other yard areas must be suitable and effectively screened from public view.

[1]

No commercial or construction vehicle in excess of 3,000 pounds shall be parked overnight or on Sunday in any residential zone other than in an enclosed garage, and not more than one such vehicle may be kept within an enclosed garage on each lot.

[2]

Outdoor storage of any kind or nature, except storage of those items customarily used in conjunction with a residential occupancy, is prohibited in all residential zones.

(5)

Outdoor display. For the purposes of this section, "outdoor display" is defined as those goods and merchandise for retail sale, rental or awaiting delivery pursuant to any of the permitted uses in the B-2 Zone which are located on the subject lot out of doors. Outdoor display is solely limited to the B-2 Zone in the Township of East Hanover.

(a)

Upon a site plan application and approval by the appropriate municipal board, an outdoor display will be allowed as a permitted accessory use to a principal use for an indefinite period of time and shall not be required to be screened by a planting or a fence.

(b)

Outdoor display may be permitted by the appropriate municipal board, provided that:

[1]

All vehicles, equipment and machinery offered for retail sale or rental are in operating condition.

[2]

Goods and merchandise displayed for retail sale or rental must be owned by the owner, principal user or a bona fide tenant of the principal structure.

[3]

No outdoor display shall be permitted within 10 feet of any street lines or within five feet of any side or rear lot line.

[4]

The appropriate municipal board, upon site plan review, must determine that the outdoor display will have no detrimental effect on the health, safety or welfare of the general public.

(c)

Goods or merchandise within the B-2 Zone which are intended for outdoor storage of same, rather than outdoor display for purposes of sale or rental on a retail basis, as determined by the appropriate municipal board upon site plan review, shall be governed by the provisions of Subsection A(4) of this section as applicable to the B-2 Zone.

(6)

At any existing nonresidential building in a B-1, B-2 or B-2B Zone, any duly licensed restaurant, eatery restaurant, fast-food restaurant or other occupant of said building which is a purveyor on the premises of food or refreshments as permitted in the applicable zoning district, with the permission of the site owner, may apply to the administrative officer (Director of Land Use and Development) for a seasonal permit to provide temporary outdoor seating in the front or side yard of the premises, as an integral part of that business, for consumption of food or refreshments by patrons. A permit shall be issued provided that the following requirements are met:

[Added 6-13-2005 by Ord. No. 10-2005[2]; amended 12-6-2021 by Ord. No. 13-2021]

(a)

The seating in such an area shall be limited to 20% of the establishment's existing interior seating. No food or refreshment preparation or storage shall be permitted within the outdoor seating area, and all persons shall be seated when consuming food or refreshments within the area.

(b)

(Reserved)[3]

[3]

Editor's Note: Former Subsection A(6)(b), regarding limited seating, was repealed 4-3-2023 by Ord. No. 1-2023.

(c)

Permitted outdoor seating areas may be delineated on the sides and front, always without intrusion upon the areas as set forth in Subsection A(6)(a) above, by planters not more than 36 inches high, or a fence which is not taller than 60 inches at its highest point, is not less than 50% open, is not made of chain link or similar materials and does not have sharp spikes or points or jagged or sharpened surfaces or other components which may cause injury. Any gates shall not open so as to intrude upon any right-of-way, sidewalk, footpath, driveway or off-street parking area. The planters or fence shall define the seating area without creating a full barrier to viewing the area or the street and shall not bear any advertising or signage. Walls, partitions, trellises, roofs, canopies, arbors or any permanent structure, which cover, enclose or delineate the outdoor seating area are prohibited; provided, however, that where such are part of the existing building, they may be permitted.

(d)

The outdoor seating area, including planters or fence, shall not physically displace or impinge upon required parking spaces or, unless otherwise permitted hereunder, public sidewalks or rights-of-way. The outdoor seating capacity shall not be included in the calculation of required off-street parking spaces for the appropriate zone.

(e)

Pedestrian passage between the building and the public sidewalk or any driveway or off-street parking shall not be impeded or obstructed by any fence or planter, or by equipment or furnishings in the area for outdoor seating. Such clear passage shall have a width not less than the greater of three feet or the width of the building entrance, whichever is greater.

(f)

Tables, chairs and other furniture must be strong, durable, waterproof, weather-resistant and of sufficient mass as to not be easily blown about. Dark and nonreflective colors are preferred. Umbrellas shall be designed with mechanisms to secure them against the effects of wind and shall not display any advertising. Amplified music and sound are prohibited.

(g)

The outdoor seating area and its furnishings and equipment shall be kept clean and free of garbage or trash. No equipment, dumpster, structure or enclosure for the storage of garbage shall be placed in or adjacent to the outdoor seating area. Hours of operation of the outdoor seating area shall not be greater than the hours of operation of the restaurant or purveyor; provided, however, that if the outdoor seating area is within 200 feet of a residence district, the outdoor seating area shall not operate between the hours of 11:00 p.m. and 7:00 a.m.

(h)

No alcoholic beverage, as defined by the applicable law, N.J.S. 33:1-1, as amended, is permitted in an outdoor seating area unless it is served under a license duly issued pursuant to said law or if the outdoor seating is provided exclusively by a restaurant which follows a "bring your own" policy within the restaurant.

(i)

The administrative officer may, in his sole discretion, deny, suspend or revoke a seasonal permit is he finds that the location, volume of pedestrian traffic, violations of provisions of this subsection, or any other factor affecting public order, convenience or safety warrants such action.

(j)

Every application for a seasonal permit for outdoor seating shall be accompanied by a filing fee of $300. A seasonal permit shall be in effect as of March 1 in the year issued and shall expire on October 30 of that year. When reviewing any application for a seasonal permit, the administrative officer may deny the application upon finding that requirements of this subsection were not complied with by the applicant during the prior outdoor seating season.

(k)

Seasonal permits are temporary authorizations which expire on a specified date. Even if renewed, or if none or more subsequent permit(s) be issued, they do not create any permanent rights or vested interests and shall not be deemed or construed as to grant any waiver or deviation in regard to the Land Use Ordinance or Zoning Regulations which survive such expiration.

(l)

Where outdoor seating is permitted on either a temporary or permanent basis, as part of the permitted use, and the seating area is immediately adjacent to surface parking, the seating area must be protected by concrete-filled decorative bollards to protect those individuals occupying the seating area. Bollards shall not impede the passage of pedestrians and shall provide a minimum clear passage width of at least three feet. Bollards shall be spaced centered on each adjacent parking space and shall be subject to review and approval by the Township Engineer. Detail of such bollard(s) shall be submitted to the Township Engineer for review and approval.

[Added 10-1-2018 by Ord. No. 17-2018; amended 8-5-2019 by Ord. No. 10-2019]

[2]

Editor's Note: This ordinance also provided for the redesignation of former Subsection A(6) and (7) as Subsection A(7) and (8), respectively.

(7)

Required landscaping and buffer areas. For the purposes of this article, landscape and buffer areas shall consist of lawn areas and massed evergreen and deciduous trees and shrubs planted in a manner that will provide a continuous visual screen throughout the entire year within a period of two growing seasons following the planting of the buffer. Buffer areas shall meet with the specifications set forth in § 95-37B(5) unless waived by the appropriate municipal board at the time of site plan application. The height of the shrubs planted in a buffer area shall be measured from the ground level around the base of the shrubs to the topmost part of the shrub, once the shrub has been properly planted in the ground.

[Amended 8-27-1981 by Ord. No. 21-1981]

(a)

Where any nonresidential property abuts a residential zone, a ten-foot landscape buffer strip shall be permanently maintained along the nonresidential property line abutting the residential zone.

(b)

In any residential zone, all parking areas, exclusive of the ingress and egress drive, having a capacity of more than four vehicles shall be screened from adjacent properties and the public street by a buffer strip five feet in width.

(c)

Required buffers may be used for no other purpose than as a buffer. The only structures which may be erected within a buffer area are fences as regulated by ordinance.

(d)

All nonpaved areas on properties shall be suitably landscaped with trees, shrubs, grass and other suitable landscaping materials. Where an area required for a buffer is already wooded, it shall be left in its natural state, and existing growth shall be supplemented with additional plant material where necessary to bring the buffer area up to minimum requirements of § 95-37B(5).

(8)

Split zones. A B-2 use is permitted to extend out of the B-2 Zone into the I-3 Zone, provided that the majority of lot area of the property is in the B-2 Zone and the requirements for street frontage are met within the B-2 Zone.

[Amended 8-17-1982 by Ord. No. 24-1982]

(9)

A house of worship may consist of the following primary use, together with a combination of one or more of the following accessory uses:

[Added 12-10-2018 by Ord. No. 18-2018]

(a)

Primary use. A place of assembly for religious instruction and worship.

(b)

Accessory uses.

[1]

An apartment, group of rooms, or other residence for the facility's religious leader within the same building as the place of assembly for religious services or worship, or in a separate structure, referred to as a "cleric's residence."

[2]

Facilities for education and instruction, including, but not limited to, after-school learning, day care, or any other type of education or instruction within the same building or structure as the place of assembly for religious services or worship, or in a separate building or structure, referred to as "educational facilities."

[3]

Facilities for social functions, such as, but not limited to, weddings, funerals, bar/bat mitzvahs, dances, banquets and other similar events within the same building or structure as the place of assembly for religious services or worship or in a separate building or structure, referred to as "social facilities."

[4]

Mikveh.

(c)

Parking for the above uses shall be as follows:

[1]

House of worship. Parking shall be provided for the greater of the following: one parking space for each three permanent seats based on seating capacity. If there are no permanent seats, then one parking space for each three persons based on the maximum capacity of the facility as determined by the Fire Department Occupancy Load Code.

[2]

Cleric's residence: RSIS.

[3]

Educational facilities: 1.5 parking spaces for each teacher/instructor for children under the age of 18.

[4]

Social facilities: one parking space for each three persons based on the maximum capacity of the facility as determined by the Fire Department Occupancy Load Code.

Conditional uses. The following uses are permitted under the standards and procedures herein. Whereas the necessity for certain specific uses is recognized and at the same time appreciating the fact that they or any one of them may be or become inimical to the public health, safety and general welfare of the community if located without due consideration to the existing conditions and surroundings, the following standards and procedure are hereby established. The following standards and procedures are intended to provide the Planning Board or the Zoning Board of Adjustment with a guide for the purpose of reviewing certain uses not otherwise permitted in this article. In approving a site plan, the Planning Board or Zoning Board may act on site plans submitted to it or may, upon request, require modifications, variations and changes thereto which are in the opinion of that Board sound and prudent in nature and will not endanger the health and welfare of the citizens of the Township nor thwart the intent and purpose of this article. A site plan may include, among the features hereinafter specified, such other features or design in general keeping therewith that will further the purpose of these regulations, and such features shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are appurtenant.

(1)

Public utilities. Uses by a public utility, such as electric generating plants, gas storage holders, radio transmitting or receiving towers and telephone exchanges, but no service or storage yards, may be permitted in residential zones, provided that:

(a)

A set of plans, specifications and plot plans and a statement setting forth the reason for the need and the purpose of the installation are filed with the appropriate municipal board by the applicant in triplicate.

(b)

Proof is furnished to the appropriate municipal board that the proposed installation is necessary in a specific location and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located; that the design of any building in connection with such facility also shall conform to the general character of the residential area and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located; that adequate and attractive fences and other safety devices will be provided; and that sufficient landscaping, including shrubs, trees and lawn, is provided and will be periodically maintained.

(c)

The appropriate municipal board shall then decide the matter in accordance with the procedure provided for site plan review of conditional uses.

(2)

Hospitals, philanthropic or eleemosynary uses. Hospitals, philanthropic or eleemosynary structures, except correctional institutions, clubs, lodges, community centers, recreational buildings and uses, may be permitted in any zone, provided the following standards are observed:

(a)

A set of plans, specifications and plot plans and a statement setting forth full particulars on the operation of the structure or use are filed with the appropriate municipal board in triplicate by the applicant.

(b)

The appropriate municipal board finds that any parcel upon which such use is proposed contains at least one acre of land; that no structure will be erected nearer than 75 feet to any street line nor nearer than 30 feet to any property line; that buildings will not occupy more than 25% of the lot area; that all other requirements as set forth in this article for the zone in which it is to be located are observed; that such use will in no way be detrimental to the surrounding property values; and that the structure or use proposed will serve a useful purpose to the general welfare of the Township.

(c)

The front, rear and side yard setback requirements shall be decreased one foot for each foot by which such building exceeds the height limit herein established for the zone in which it is to be located, but in no case shall any building exceed a height greater than 50 feet.

(d)

Off-street parking space shall be required in accordance with standards set forth below:

[1]

Hospitals: one space for each four beds.

[2]

Institutions and other quasi-public buildings: one space for each six beds where beds are a function of the use or one space for each 400 square feet of floor area.

(e)

The appropriate municipal board shall then decide the matter in accordance with the procedure provided for site plan approval for conditional uses.

(3)

Public garage or gasoline station. A public garage or gasoline station may be permitted in all zones except residential, provided that:

(a)

A set of plans, specifications and plot plans in triplicate is filed with the appropriate municipal board, showing in detail the exact location of such garage or gasoline station, the number and location of tanks to be installed, the dimensions and capacity of each tank, the depth at which the tanks will be placed below ground, the number and location of pumps to be installed, the type and location of all structures to be constructed and the number of automobiles to be garaged.

(b)

Said use shall be located on a lot whose lot lines are located not less than 2,000 feet from any school offering courses of general educational instruction, hospital, church, theater or library, nor less than 2,000 feet from any other public garage or gasoline station, said distance to be measured from the periphery of the lot; and further provided that all filling pumps shall be located at least 25 feet from the street line and side and rear property lines; and provided further that such location will not be located at the corner of any dangerous street intersection or traffic way which is so found by the appropriate municipal board.

(4)

Gunsmith and/or firearms shop. A gunsmith and/or firearms shop may be permitted in the B-2 and B-2B Zones, provided that:

[Added 12-11-2017 by Ord. No. 19-2017]

(a)

Said establishment shall not be located within 1,000 feet of the property of any public school; and

(b)

The firearms and ammunition are stored and maintained in cases, containers or display cases that are locked and secured by devices that are suitable for same.

§ 95-48 Residence R-10 Zone regulations.

Uses. In the Residence R-10 Zone, no lot shall be used and no building shall be erected, altered or occupied for any purpose other than the following:

(1)

Permitted uses.

(a)

One-family dwellings.

(2)

Permitted accessory uses: exceptions and limitations.

(a)

Garage parking spaces. A minimum of one attached or detached garage space per dwelling unit is required, but no more than two garage spaces are permitted.

[Amended 5-6-2019 by Ord. No. 7-2019]

(b)

Customary accessory buildings and uses, including swimming pools, tennis courts and storage sheds, provided such buildings and uses are incidental to the principal building and use.

Other provisions and requirements.

[Amended 4-3-2018 by Ord. No. 3-2018]

(1)

Area requirements. As specified in the schedule, § 95-45.

(2)

Corner lots. Side yard on street side of not less than 40 feet.[1]

[1]

Editor's Note: Former Subsection B(3), Off-street parking spaces, which immediately followed, was repealed 5-6-2019 by Ord. No. 7-2019.

§ 95-49 Residence R-11 Zone regulations.

Uses. In the Residence R-11 Zone, no lot shall be used and no building shall be erected, altered or occupied for any purpose other than the following:

(1)

Permitted uses.

(a)

One-family dwellings.

(2)

Permitted accessory uses: exceptions and limitations.

(a)

Garage parking spaces. A minimum of one attached or detached garage space per dwelling unit is required, but no more than two garage spaces are permitted.

[Amended 5-6-2019 by Ord. No. 7-2019]

(b)

Customary accessory buildings and uses, including swimming pools, tennis courts and storage sheds, provided such buildings and uses are incidental to the principal building and use.

Other provisions and requirements.

[Amended 4-3-2018 by Ord. No. 3-2018]

(1)

Area requirements. As specified in the schedule, § 95-45.

(2)

Corner lots. Side yard on street side of not less than 40 feet.[1]

[1]

Editor's Note: Former Subsection B(3), Off-street parking spaces, which immediately followed, was repealed 5-6-2019 by Ord. No. 7-2019.

§ 95-50 Residence R-15 Zone regulations.

Uses. In the Residence R-15 Zone, no lot shall be used and no building shall be erected, altered or occupied for any purpose other than the following:

(1)

Permitted uses.

(a)

One-family dwellings.

(2)

Permitted accessory uses: exceptions and limitations.

(a)

Garage parking spaces. A minimum of one attached or detached garage space per dwelling unit is required, but no more than three garage spaces are permitted.

[Amended 5-6-2019 by Ord. No. 7-2019]

(b)

Customary accessory buildings and uses, including swimming pools, tennis courts and storage sheds, provided such buildings and uses are incidental to the principal building and use.

Other provisions and requirements.

[Amended 4-3-2018 by Ord. No. 3-2018]

(1)

Area requirements. As specified in the schedule, § 95-45.

(2)

Corner lots. Side yard on street side of not less than 40 feet.[1]

[1]

Editor's Note: Former Subsection B(3), Off-street parking spaces, which immediately followed, was repealed 5-6-2019 by Ord. No. 7-2019.

§ 95-51 Residence R-20 Zone regulations.

Uses. In the Residence R-20 Zone, no lot shall be used and no building shall be erected, altered or occupied for any purpose other than the following:

(1)

Permitted uses.

(a)

One-family dwellings.

(2)

Permitted accessory uses: exceptions and limitations.

(a)

Garage parking spaces. A minimum of one attached or detached garage space per dwelling unit is required, but no more than three garage spaces are permitted.

[Amended 5-6-2019 by Ord. No. 7-2019]

(b)

Customary accessory buildings and uses, including swimming pools, tennis courts and storage sheds, provided such are buildings and uses incidental to the principal building and use.

Other provisions and requirements.

[Amended 4-3-2018 by Ord. No. 3-2018]

(1)

Area requirements. As specified in the schedule, § 95-45.

(2)

Corner lots. Side yard on street side of not less than 50 feet.[1]

[1]

Editor's Note: Former Subsection B(3), Off-street parking spaces, which immediately followed, was repealed 5-6-2019 by Ord. No. 7-2019.

§ 95-52 Residence R-120 Zone regulations.

Uses. In the Residential R-120 Zone, no lot shall be used or developed and no building shall be erected, altered or occupied for any purpose other than the following, subject, however, to submission by the developer of satisfactory evidence to the Planning Board in accordance with Article IX, Flood Management:

(1)

Permitted uses.

(a)

One-family dwellings.

(b)

Farm, truck garden and noncommercial nursery or greenhouse, provided such use is carried out on a parcel of 10 acres or more and that the owner resides on the premises.

(c)

Public parks and playgrounds.

(2)

Permitted accessory uses: exceptions and limitations.

(a)

Garage parking spaces. A minimum of one attached or detached garage space per dwelling unit is required, but not more than four garage spaces are permitted.

[Amended 5-6-2019 by Ord. No. 7-2019]

(b)

The keeping of chickens or other fowl but only on farms as permitted above. Chicken houses and chicken runs shall be located in accordance with accessory building requirements for this zone.

(c)

Signs as permitted by § 95-100 et seq.

[Amended 10-2-2017 by Ord. No. 13-2017]

(d)

Customary accessory buildings and uses, including swimming pools, tennis courts and storage sheds, provided that such buildings and uses are incidental to the principal building and use.

Other provisions and requirements.

[Amended 4-3-2018 by Ord. No. 3-2018]

(1)

Area requirements. As specified in the schedule, § 95-45.[1]

[1]

Editor's Note: Former Subsection B(2), regarding garage parking spaces, which immediately followed, was repealed 5-6-2019 by Ord. No. 7-2019.

§ 95-53 Residence R-120-CR Zone regulations.

Uses. In the R-120-CR Zone, no lot shall be used and no building shall be erected, altered or occupied for any purpose other than the following, subject, however, to submission by the developer of satisfactory evidence to the Planning Board in accordance with Article IX, Flood Management:

(1)

Permitted uses.

(a)

One-family dwellings.

(b)

Farm, truck garden and noncommercial nursery or greenhouse, provided such use is carried out on a parcel of 10 acres or more and that the owner resides on the premises.

(c)

Public parks and playgrounds.

(d)

Open-type commercial recreation facilities, such as golf courses and tennis courts, provided that no enclosed structures are included, except for locker rooms or toilet facilities; not to include amusement parks.

(2)

Permitted accessory uses: exceptions and limitations.

(a)

Garage parking spaces. A minimum of one attached or detached garage space per dwelling unit is required.

[Amended 5-6-2019 by Ord. No. 7-2019]

(b)

The keeping of chickens or other fowl, but only on farms as permitted above. Chicken houses and chicken runs shall be located in accordance with accessory building requirements for this zone.

(c)

Signs as permitted by § 95-100 et. seq.

[Amended 10-2-2017 by Ord. No. 13-2017]

(d)

Customary accessory buildings and uses, including swimming pools, tennis courts, storage sheds, etc., provided that such buildings and uses are incidental to the principal building and use.

Other provisions and requirements.

[Amended 4-3-2018 by Ord. No. 3-2018]

(1)

Area requirements. As specified in the schedule, § 95-45.

(2)

[1]For other than residential uses, a minimum of one off-street parking space shall be provided for each employee and a minimum of one parking space per acre of lot area.

[1]

Editor's Note: Former Subsection B(2), regarding garage parking spaces, was repealed 5-6-2019 by Ord. No. 7-2019. This ordinance also redesignated former Subsection B(3) as Subsection B(2).

§ 95-53.1 Single-Family Attached SFA Zone regulations.

[Added 11-8-1984 by Ord. No. 27-1984]

There is hereby established a new zone, to be known as "SFA." Single-family or one-family residential units shall be permitted, as well as the following permitted accessory uses: private garage space for each single-family attached residential unit; and customary accessory buildings and uses, including swimming pools, tennis courts and storage sheds, provided that such buildings and uses are accessory and incidental to the principal buildings and use of single-family residential units, subject to the following terms and conditions:

Density.

(1)

The maximum number of attached dwelling units permitted for any project in the SFA Zone shall be limited to and determined by multiplying seven attached dwelling units times the total area of the tract in acres, exclusive of any lands designated as floodway or wetlands area by the Department of Environmental Protection or the United States Corps of Engineers and any area designated as a conservation area.

EXAMPLE: 7 X (34 acres - 4 floodway - 4 acres wetlands - 1 acre conservation area) 25 = 175 units.

(2)

Any fractional number of units shall be treated as one unit.

Height. No structure containing a single-family attached unit shall exceed a height of 30 feet.

Setbacks. No building or structure shall be located closer than:

(1)

Fifty feet from any public street or highway.

(2)

Twenty feet from the curbline or edge of pavement of any internal private road.

(3)

Ten feet from the pavement edge of a driveway where said driveway traverses the setbacks between buildings as hereinafter regulated in Subsection B(7).

(4)

Forty feet from any other property line.

Buffer areas. Those setbacks required in Subsection C above shall be landscaped areas and shall not contain any building structure. Off-street parking is not permitted within the forty-foot setback required in Subsection C(4) above.

Minimum tract size. Single-family attached units will only be permitted on a tract having a minimum area of 30 acres.

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 or exceeds 75% of the sum of heights of the two said structures or 30 feet, whichever results in the greater distance.

Landscaping. A landscaping plan shall be submitted and shall 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.

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.

Architecture and construction.

(1)

From a design and construction standpoint, a single-family attached residence structure has two basic options:

(a)

It shall be designed and constructed to resemble a large single-family residence; or

(b)

It shall be designed and constructed with appropriately different single-family attached residence setbacks and rooflines so as to reflect the combination of more than one but not more than eight single-family attached residences.

(2)

The architecture employed shall be aesthetically 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:

(a)

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.

(b)

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.

(c)

There shall be between single-family attached residences a soundproof fire wall constructed according to the specifications approved by the Construction Official. Such noncombustible wall shall have a sound transmission classification (STC) of not less than 52 based on the laboratory test procedure specified in the ASTM (American Society of Testing and Materials) recommended practice E-90-66T.

Utilities. Every single-family attached residential unit must be connected to the public sanitary sewer and water systems as approved by the Township Engineer.

Roads and storm drainage. All roads within the project shall be private roads at least 24 feet wide, constructed in accordance with Township specifications and maintained by the developer and its successors, inclusive of any owner's association or condominium association, pursuant to specifications prepared by the Township Engineer and subject to approval by the Planning Board. All required storm drainage shall be installed and maintained by the developer and its successors.

Master deed. The developer shall furnish to the Township, 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.

Units per structure. No structure shall contain more than seven single-family attached dwelling units.

Impact statement.

(1)

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 upon the following factors:

(a)

Vehicular traffic.

(b)

Noise.

(c)

Storm drainage.

(d)

Sanitary sewer facilities.

(2)

As far as the traffic impact is concerned, 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 the following elements:

(a)

Estimated peak hourly traffic to be generated by the proposal.

(b)

Assignment of estimated peak hourly traffic by percentage and volume to surrounding streets.

(3)

If the results of the survey indicate necessary off-site improvements of existing Township streets, the applicant shall contribute a prorated share of such improvements as determined by the Planning Board. Also, the applicant shall bear the full cost of improving or widening abutting streets.

Building coverage. Not more than 20% of the total tract area shall be covered by any above-grade buildings or structures.

Total impervious coverage. Not more than 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. Porous pavement shall be permitted and shall be considered an impervious surface.

Common open space. The developer of single-family attached residential units as a conditional use shall make provision for the establishment of an open space organization of owners or residents of the development which shall own and maintain all common open space. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate same to the Township of East Hanover. In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Township Committee may serve written notice upon such organization or upon the owner of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing, the Township Committee may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township Committee shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township Committee, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township Committee shall determine that such organization is ready and able to maintain said open space in a reasonable condition, the Township shall cease to maintain said open space at the end of said year. If the Township Committee shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the Township may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township Committee in any such case shall constitute a final administrative decision subject to judicial review. The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and a tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.

Floodway and wetlands. Although no area designated as floodway and/or wetlands and/or conservation area shall be included in the calculation of permitted density, areas designated as floodway and/or wetlands may, at the discretion of the Planning Board, be utilized for recreational purposes.

Site plan approval. Site plan approval shall be obtained for any single-family attached project from the Planning Board as required by Article VI, § 95-34 of the Code of the Township of East Hanover, and said site plan shall disclose, in addition to all the required conditions of that section, that all the standards herein established for a single-family attached unit have been complied with.

A minimum of one attached or detached garage space is required for each dwelling unit.

[Added 4-3-2018 by Ord. No. 3-2018]

§ 95-53.1.1 R-10/CSAH Residential Affordable Housing Zone regulations.

[Added 11-21-1989 by Ord. No. 19-1989]

There is hereby established a new zone to be designated R-10/CSAH. The permitted uses and requirements for said zone shall be as set forth in the Cluster Residential Development provisions adopted under Ordinance No. 22-1983 of the Township and set forth as Addendum A in Chapter 95 of the municipal Zoning Ordinances;[1] provided, however, that the following amendments to those provisions shall be applicable in an R-10/CSAH Zone:

Section I, Tract requirements.

(1)

Add Section i(3) to read as follows: "The maximum density provision shall be 2.1 units per acre of the gross land area for single-family units and 13.33 units per acre for senior citizen housing units. These density provisions shall supersede Section i(1) and i(2) of this section.

(2)

Amend Section iv to read as follows: "Single-family detached dwellings and senior citizen housing units shall be permitted in an R-10/CSAH Zone."

Section II, Lot area and dimensions, shall be amended as follows:

(1)

Minimum lot area and minimum average lot area: 10,000 square feet.

(2)

Minimum lot width and minimum average lot width: 70 feet.

(3)

Maximum lot coverage: 30%.

Section III, Open space:

(1)

Amend Section i as follows: "The developer shall designate a three-acre area of the tract to be dedicated for development of senior citizen housing units and shall convey this land in the Township of East Hanover for that stated purpose. The developer shall not be required to build the senior citizen housing units after the conveyance to the Township. The conveyance shall occur after final site and subdivision approval by the Township of no fewer than 83 single-family residential lots on the remaining parcel and upon execution of a developer's agreement, posting of bonds and application for the first building permit regardless of construction phasing. The three-acre area, as set forth herein, shall be included with the 25% maximum depreciation area set forth in this provision and the balance of the areas to be dedicated for public use shall be as set forth on the subdivision plat submitted by the developer and approved by the Municipal Planning Board. The developer shall not be required to install within the dedicated open space areas any of the public improvements to which the areas may be dedicated as set forth in Section iv of this section."

(2)

Amend Section ii as follows: "All open space to be dedicated to the Township shall be in its present natural state, with the exception of improvements designated by the developer for the use and benefit of the subdivision development."

Alternate voluntary contribution. In lieu of the developer dedicating a three-acre parcel for senior citizen housing, the developer shall have the option of constructing six building lots on the three-acre parcel and making a voluntary bidder's contribution in the amount of $330,000, which may be utilized for any other purpose in furtherance of the Township's Affordable Housing Plan. The contribution is payable upon issuance of building permits and certificates of occupancy for the 82nd to 87th lots as follows:

[Added 7-15-1993 by Ord. No. 15-1993]

(1)

Twenty-nine thousand dollars upon issuance of each building permit for the 84th to 87th lots.

(2)

Forty-three thousand five hundred dollars upon issuance of each certificate of occupancy for the 84th to 87th lots.

(3)

Ten thousand dollars upon issuance of each building permit for the 82nd and 83rd lot.

(4)

Ten thousand dollars upon issuance of each certificate of occupancy for the 82nd and 83rd lot.

[1]

Editor's Note: Addendum A is included at the end of this chapter.

§ 95-53.2 HD/OCI Highway Development Office Commercial Industrial Zone regulations.

[Added 11-21-1989 by Ord. No. 18-1989]

Purpose of HD/OCI Zone.

(1)

The HD/OCI Zone is designed to establish development options in order to facilitate the production of affordable housing. The options consist of either mixed-use commercial and inclusionary residential development in the zone or a mixed-use commercial, office and industrial development in the zone, together with a cash contribution in lieu of inclusionary residential development.

(a)

Option A of the HD/OCI Zone is designed to accommodate a large number and different types of commercial activities and residential units, comprehensively planned and proposed to be constructed and managed as a single, coordinated and integrated mixed-use development. The variety of uses and the intensity and density of development is designed to assure a realistic opportunity for the construction of various commercial uses to serve the Township, and to assure different housing types and income levels in the Township, including affordable housing for lower-income households.

(b)

Option B of the HD/OCI Zone is designed to accommodate a large number of different types of commercial, office and industrial activities, comprehensively planned and proposed to be designed as an integrated mixed-use development. The variety of uses and the intensity and density of development is designed to assure a realistic opportunity for the construction of various commercial, industrial and office uses to serve the Township.

(2)

These land use regulations are designed in part to meet the mandate of the New Jersey Unit Housing Act and the rules and regulations of the Council on Affordable Housing. Any provision of this or any other ordinance in conflict with the HD/OCI Zoning regulations and which impose higher standards not immediately and directly related to health and safety shall be inapplicable and the provisions of this section shall govern.

Submission requirements. No later than the time of the filing of the development application, the applicant shall select either Option A or Option B, which options are hereby deemed to be mutually exclusive.

Permitted uses.

(1)

Retail and commercial service establishments.

(2)

Banks and financial institutions.

(3)

Automobile sales and service.

(4)

Business, corporate and professional offices.

(5)

Hotels and motels.

(6)

Theaters.

(7)

Restaurants, eatery restaurants and take-out restaurants.

[Amended 12-7-2020 by Ord. No. 9-2020]

(8)

Public parks, playgrounds, conservation areas and municipal facilities.

(9)

Dwellings, multifamily (Option A only).

(10)

Warehouses and business offices ancillary thereto (Option B only).

(11)

All uses permitted in the I-3 Light Industry Zone (Option B only).

(12)

Electronic data centers.

[Added 12-15-2014 by Ord. No. 15-2014]

Permitted accessory uses.

(1)

Accessory buildings.

(2)

Fences.

(3)

Off-street parking and parking structures.

(4)

Recreational facilities.

(5)

Signs.

(6)

Public utility uses.

(7)

Common open space.

Minimum size, width, maximum nonresidential development and number of residential units.

(1)

Minimum tract size: 30 acres.

(2)

Minimum tract width: 500 feet.

(3)

For Option A, which includes inclusionary residential development, the maximum intensity of development shall be as follows:

(a)

Mixed commercial. A maximum of 350,000 square feet of floor area, not including any structure used for parking, storage of vehicles or public or quasi-public uses. The mixed commercial uses shall be distributed on no less than 15 contiguous acres and shall front on Route 10. "Mixed commercial uses" shall mean all uses as permitted under Subsection C(1) through (8) of this section, Permitted uses.

(b)

Residential uses: maximum number of dwelling units permitted is 204 units to be distributed as follows:

[1]

Maximum number of market, townhouses and units: 164.

[2]

Minimum number of multifamily affordable (low- and moderate-income) housing units: 40.

(4)

For Option B, the maximum intensity of development shall be as follows:

(a)

(b)

Light industry/office. A maximum of 400,000 square feet to be contained in not more than two structures, not including any structure used for parking or public or quasi-public uses. The light industry/office uses shall be distributed on the rear portion of the parcel on no less than 17 contiguous acres, including any land which may be dedicated, conveyed or otherwise encumbered for purposes of meeting buffer or open space requirements. "Light industry/office" shall mean all uses as permitted under Subsection C(4), (10), (11) and (12) of this section, Permitted uses, except that uses permitted under Subsection C(4) shall not exceed 50% of the total square footage permitted in the light industry/office portion.

[Amended 12-15-2014 by Ord. No. 15-2014]

Subdivision. The applicant, subsequent to preliminary site plan approval for the entire tract, may apply for a subdivision of one or more parts of the tract without regard to setbacks, minimum tract size, width, frontage, density and number of residential units for purposes of financing, administration or similar reasons. All conditions of prior approval that apply to those parcels being subdivided shall continue to be in force and effect.

Minimum tract setback for residential buildings under Option A.

(1)

Front lot line: 50 feet.

(2)

Side lot line: 25 feet.

(3)

Rear lot line: as set forth in Subsection H, Buffer to adjacent uses, for the HD/OCI Zone.

Buffer to adjacent uses. A one-hundred-fifty-foot buffer shall be provided along any rear lot line contiguous to residential uses. The rear lot line shall be that line furthest from the front lot line. Any intermediate rear yard shall be considered as a side yard. The existing vegetation and hardwood forest within the rear yard buffer shall be preserved as a buffer and supplemented with indigenous plant species in order to provide permanent buffer screening between this tract and adjacent single-family dwellings. This one-hundred-fifty-foot buffer shall include lands which are hereby required to be conveyed by or on behalf of applicant to adjacent land owners, at the option of said land owners, which conveyance shall be 50 feet in depth and equal to the width of the grantee's lot at the rear lot line. This conveyance option shall be available to all abutting residential properties. The area of any buffer land dedicated or conveyed shall be counted in the total tract area for the purposes of calculating lot area, coverage, setbacks and open space. Said conveyance shall be made upon receipt of all governmental approvals in unappealable form. There shall also be a twenty-foot buffer maintained between this zone and the contiguous property designed as Block 99, Lots 12 and 18, of which the 10 feet furthest from the common lot line of said property may be used for roadways or parking uses.

Coverage and height requirements.

(1)

For Option A, coverage and height requirements shall be as follows:

Permitted Uses	Maximum Building Coverage (percent)	Maximum Height
Residential (market)	35	3 stories/40 feet
Residential (affordable)	45	5 stories/65 feet
Mixed commercial	75	75 feet

(2)

For Option B, coverage and height requirements shall be as follows:

Permitted Uses	Maximum Building Coverage (percent)	Maximum Height
Mixed commercial	75	75 feet
Light industry/office	60	1 story (35 feet) (except that the applicant is permitted to construct not more than 100,000 square feet of floor area on a second level on that portion of the structure on the rear parcel which is closest to the mixed commercial portion. Mezzanine space within a building shall not be counted as a second story.)

(3)

The height of the mixed commercial uses shall be measured from base elevation of 200 feet above sea level. The height of the structures shall include any roof top mechanical and architectural appurtenances. Parking garages shall not exceed 65 feet in height.

Distance between residential buildings under Option A.

(1)

The minimum distance between residential buildings shall be as follows:

(a)

Windowless wall to windowless wall:

[1]

Two stories: 15 feet.

[2]

One story: 10 feet.

(b)

Window wall to windowless wall:

[1]

Two stories: 20 feet.

[2]

One story: 15 feet.

(c)

Window wall to window wall:

[1]

Front to front: 40 feet.

[2]

Rear to rear: 50 feet.

[3]

End to end:

[a]

Two stories: 30 feet.

[b]

One story: 25 feet.

[c]

Nongarage front: 65 feet if garages in front.

(d)

Any building with face to local or private road curb: 20 feet.

(e)

Any building with face to common parking area (excluding private driveways): 12 feet.

(2)

The Planning Board may reduce the above distances by not more than 1/2 if there is an angle of 20° or more between buildings and if extensive landscaping or buffers are placed between buildings.

Setbacks for mixed commercial uses. Minimum setback from Route 10: 75 feet.

(Reserved)[1]

[1]

Editor's Note: Former § 95-53.2L, regarding signs, was repealed 5-6-2008 by Ord. No. 5-2008.

Location of affordable units under Option A. Affordable (low- and moderate-income) housing units shall be sited on the development tract in accordance with good site planning principles in appropriate locations as approved by the Planning Board. Those units shall be convenient and accessible to common open space and community facilities.

Minimum off-street parking requirements.

(1)

Each dwelling unit shall provide off-street parking in the following ratio:

(a)

Dwelling units with one bedroom or less: 1.5 spaces.

(b)

Dwelling units with two bedrooms or more: two spaces.

(2)

Nonresidential uses:

(a)

All nonresidential uses shall provide off-street parking in the following ratios:

[1]

Retail and commercial uses: five spaces per 1,000 square feet of floor area.

[2]

Office uses: three spaces per 1,000 square feet of floor area.

[3]

Theaters and restaurants: one space per four seats.

[4]

Auto sales and services: one space per 1,000 square feet of showroom space.

[5]

Hotels and motels: one space per room.

[6]

Light industry/warehouse: one space per 1,000 square feet of floor area.

[7]

Electronic data centers only shall provide three parking spaces for every four employees during the maximum shift; and no additional spaces shall be required based upon gross floor area.

[Added 12-15-2014 by Ord. No. 15-2014]

[8]

Restaurants and eatery restaurants: one space for every two seats/stools, plus one space for every two linear feet of bar or counter space where patrons may eat/drink while standing.

[Added 12-7-2020 by Ord. No. 9-2020]

[9]

Take-out restaurants: one parking space for every two employees during the maximum shift, plus four spaces.

[Added 12-7-2020 by Ord. No. 9-2020]

(b)

The applicant may reduce the number of required spaces based on the concept of shared parking among the nonresidential uses. In no event may the Township require more than 1,500 parking spaces for the nonresidential uses.

(3)

Parking shall be permitted in all required minimum yard areas.

(4)

All parking spaces shall be at least nine feet by 18 feet.

(5)

Residential garages shall count as one off-street parking space. A driveway in front of a private residential garage which is a part of a townhouse development shall be counted as one off-street parking space, provided that it has a minimum area of nine feet by 18 feet.

Minimum floor area for dwelling units. Minimum floor area for dwelling units is as follows:

(1)

One-bedroom: 600 square feet.

(2)

Two-bedroom: 650 square feet.

(3)

Three-bedroom: 725 square feet.

Affordable (low- and moderate-income) housing requirements.

(1)

Number and type of required affordable (lower income) dwelling units.

(a)

Number of units: 40.

(b)

Type of units:

[1]

Efficiency: 20% (maximum).

[2]

One-bedroom: 30% to 50%.

[3]

Two-bedroom: 35% (minimum).

[4]

Three-bedroom: 15% (minimum).

(2)

Rules and requirements of § 95-46P, Affordable alternative marketing, pricing and income regulations, shall apply to all affordable dwelling units.

(3)

Phasing of lower-income housing. Lower-income housing shall be phased in accordance with the following schedule:

	Minimum Number of Market Housing Units Completed	Minimum Number of Non-Age Restricted Lower-Income Units Completed
	41	0
	42	4
	82	20
	123	30
	164	40

Unity of development. Any development in the HD/OCI Zone for which site plan approval has been approved shall be considered a single development regardless of whether parts or sections are sold or otherwise disposed of to persons or legal entities other than the one which received approval. All such approvals and conditions of approvals shall run with the land. Any tracts or parcels sold shall include documentation satisfactory to the Township Attorney, setting forth the requirements for low- and moderate-income housing units.

Waiver of fees.

(1)

Notwithstanding any ordinance requirement of the Township of East Hanover to the contrary, the following fees and ordinances shall not apply to development in the HDCI Zone:

(a)

Subdivision and site plan application fees for every unit designated as low- and moderate-income housing.

(b)

Escrow fees applicable to low- and moderate-income housing units.

(c)

Ordinance No. 18-1987[2] or any other ordinance which imposes fees on nonresidential and/or residential development for purposes of establishing a housing trust fund shall not apply to the HD/OCI Zone.

[2]

Editor's Note: See Ch. 79, Fees and Licenses, Art. III.

(d)

Section 95-38, Off-tract improvements, of the Township Land Use and Zoning Ordinance or any other ordinance now in effect or later enacted, including Ordinance No. 14-1989, which requires sharing of costs of any off-tract improvements other than running waterlines from adjacent existing municipal services in Route 10 necessitated by the development. Nothing herein shall relieve the applicant from the responsibility for constructing any roadway improvements contiguous to the site in order to achieve proper, safe and efficient ingress and egress to the site consistent with the requirements of the New Jersey Department of Transportation, including but not limited to any turning lanes, traffic signals or other improvements, as required.

(2)

In furtherance of the Township fair share housing plan, if an applicant voluntarily selects option b, then the applicant shall make the following builder's contribution in lieu of constructing an inclusionary residential development:

[Amended 12-5-1991 by Ord. No. 25-1991]

(a)

Eight hundred thousand dollars by way of letter of credit for actual physical construction of roadway capital improvements associated with Route 10, including contiguous public improvements on or adjacent to Route 10, posted upon issuance of the first certificate of occupancy for any portion of the development and to be drawn down or released as improvements are constructed and accepted by the Township, county or New Jersey Department of Transportation.

(b)

Two million nine hundred fifty thousand dollars in escrow, to be utilized by the Township for the construction of low- and moderate-income and senior citizen housing within the Township at a location other than within the HD/OCI Zone, and to meet the Township's obligations pursuant to any regional contribution agreements consistent with COAH guidelines and regulations. One million three hundred thousand dollars will be paid upon issuance of the first building permit for the office building at the rear of the developer's project, a letter of credit of $465,000 has been posted and shall be credited toward this obligation; $825,000 will be paid upon issuance of a certificate of occupancy within the front portion of the property for a nonresidential use as provided in Subsection N(2) hereof; and $825,000 will be paid upon issuance of a certificate of occupancy within the front portion of the property for either a hotel, motel or office use as defined in Subsection N(2) hereof.

Other requirements.

(1)

An applicant for residential inclusionary development in the HD/OCI Zone shall meet all requirements of the Council on Affordable Housing in effect at the time of approval of the application. Such requirements shall supersede any requirements in this amendment.

(2)

Recognizing the intensity of development and nature of uses resulting in public assembly, the applicant shall submit a plan and program for site security or enter into an agreement with East Hanover Township for adequate provision for public safety and security which the Township deems adequate under all of the circumstances.

Common open space requirements under Option A.

(1)

A minimum of 20% of the land area of that part of any site used for residential purposes shall be designated for conservation, open space, recreation and/or other common open space. Such area may include environmentally sensitive lands.

(2)

Common open space may be deeded to the Township, if accepted by the governing body, or to an open organization or trust or to a private nonprofit organization charged with the provision of recreation activities for the residents of the development.

(3)

All common open space deeded to an open space organization, trust or private organization shall be owned and maintained as provided for in N.J.S.A. 40:55D-43.

Utilities and roads.

(1)

Water and sewers. All projects within the HD/OCI Zone shall be served by central sewer and water which the Township shall be obligated to provide on a priority basis. The applicant shall be required to meet the normal prevailing standards of the Township as to an on-site drainage improvements as set forth in § 95-39A(6) of the Code of the Township.

(2)

Roads.

(a)

All developments shall be served by public or private paved roads in accordance with an approved subdivision and/or site plan. All such roads shall be curbed and paved in accordance with Township specifications and shall have adequate drainage and lighting. Under Option B, the light industry/office portion of the development shall be served by two separate access roads to the mixed commercial portion of the development.

(b)

Local roads shall be planned so as to discourage through traffic.

(c)

The minimum public road right-of-way and cartway and the minimum private street cartway shall be in accordance with the following schedule:

Type of Road	Right-of-Way (feet)	Cartway (feet)
Collector road	50	30
Local road with no parking	40	26
Local road with parking on 1 side only	40	26
Local road with on-street parking on both sides	50	30
Private road	None	26

Waivers. Notwithstanding any provision set forth elsewhere in this chapter, the Planning Board may waive any engineering, construction and design requirements contained in this section and in other Township ordinances in order to achieve the objectives of the HD/OCI Zones, provided that the Planning Board shall be satisfied that such a waiver does not jeopardize the public health and safety.

Applicability. The provisions set forth in this section shall apply to both Options A and B unless otherwise specifically stated in this section of the Code.

§ 95-53.3 RAH-1 Residential Affordable Housing Zone regulations.

[Added 11-21-1989 by Ord. No. 17-1989]

Purpose. The purpose of this district is to provide the opportunity for development of affordable housing units as required by the Constitution of the State of New Jersey and the Fair Housing Act.

Permitted uses.

(1)

Permitted uses shall be limited to townhouses and condominiums.

(2)

A total of 370 dwellings shall be permitted of which 74 units shall be affordable in accordance with the rules and regulations of COAH.

Standards for development. The standards for development shall be as follows:

(1)

The bulk, design and other standards for development in the RAH-1 Zone shall be such as to facilitate its construction in accordance with §§ 95-44A and 95-46P of the Code; and, in a reasonable and economical fashion so as to permit the unit yield set forth in Subsection B. In addition, the following specific requirements shall be met:

(a)

Seventy-five feet of landscaped buffering from residential areas shall be provided.

(b)

No residential building shall be located within 50 feet of the buffer area, except parking areas, accessways and recreational facilities may be provided within 50 feet as appropriate.

(2)

The following shall be general guidelines which shall be waived as necessary or appropriate to achieve development consistent with health and safety and to achieve the unit yield set forth in Subsection B.

(a)

Buildings shall not exceed three living stories, excluding garages, nor shall they exceed 35 feet in height as building height is determined under the Township Land Use Ordinance.

(b)

Interior roadways shall be private and have a cartway width of 26 feet, subject to the reasonable review and approval of the Fire Subcode Official.

(c)

Parking standards shall be 1.5 spaces for each one-bedroom or efficiency unit, if any, and two spaces for each other unit. Parking spaces shall not be smaller than nine feet in width by 18 feet in length. A garage and driveway together shall count as two spaces.

(d)

Residential buildings shall consist of not more than 24 dwelling units. Each residential building shall be at least 30 feet from any other except where necessary to achieve the unit yield specified in Subsection B or to promote overall sound project design.

(e)

Only the following provisions of the present SFA Zone regulations, § 95-53.1 of the Code of the Township of East Hanover, shall be applicable except to the extent that they would impede the achievement of the unit yield or interfere with sound project design: § 95-53.1C, G, H, J, K, L, N(2) and Q.

Other requirements.

[Amended 11-10-1994 by Ord. No. 30-1994]

(1)

The buffer standards shall be as shown and dimensioned on the attached map, entitled "Buffer, Setback and Affordable Housing Site Standards."[1]

[1]

Editor's Note: Said map is on file in the office of the Township Clerk.

(2)

A conveyance by deed, subject to approval of East Hanover Township, of 5.0 acres of land shall be made to East Hanover Township, and the construction of 32 affordable housing units either directly by the Township or a not-for-profit agency or in accordance with a turnkey agreement between East Hanover Township and the developer dated June 30, 1988, on file with the Township Clerk and available for public inspection.

(3)

A developer in the RAH-1 Zone shall not be requested or required to contribute in any manner or to contribute any off-tract or off-site improvements, except for installing waterlines from existing municipal services, unless over 50% of the need for such improvements is demonstrated to be directly necessitated by the development. Where the over fifty-percent-requirement is met, the developer's responsibility shall be no greater than a fair share of the cost of such improvements. The 32 affordable housing units shall not be considered in calculating impacts.

§ 95-53.4 RMF Residential Multi-Family Zone regulations. [1]

[Added 8-5-2019 by Ord. No. 11-2019]

The following standards shall apply to development in the Residential Multi-Family Zone. Other provisions of Chapter 95, Land Use and Zoning, of the East Hanover Code shall apply to development in the Residential Multi-Family Zone only where specifically indicated as applicable in § 95-53.4. When the standards herein conflict with other provisions of Chapter 95, the standards herein shall apply.

Purpose. The purpose of this zone is to construct an inclusionary housing development that provides credits towards the Township's affordable housing obligation. It is the vision of the Residential Multi-Family District that the site will be operated in a coordinated manner. Notwithstanding, the site may be subdivided and owned by different parties.

Definitions. The following definitions shall apply only to the Residential Multi-Family Zone:

BUILDING HEIGHT

Within the Residential Multi-Family Zone, the building height shall be measured from the proposed/final average grade, not the existing average grade. Where a building is situated on a slope, the highest two building corners (which are the uphill corners) shall be used to determine the proposed/final average grade of the building.

CLUBHOUSE

A structure which is open for use by residents of a private community, their family or guests. The structure may include restrooms and a kitchen.

COMMUNITY POOL

A pool constructed or maintained for the use of residents of a private community, their family or guests, on land contained within the development site.

DWELLING, DUPLEX

A one-family dwelling in a row of two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from the other unit by one or more vertical common fire-resistant walls or other such common wall system as may be approved by the Township Code Enforcement Officer.

IMPERVIOUS COVERAGE

The accessory and principal building coverage plus the area of all paved surfaces, both impervious and pervious, which cover a lot, such as required parking spaces, including necessary maneuvering areas, passageways and driveways giving access thereto, service areas, accessways, streets, walkways, patios, decks, etc.

SIGN, STREET

A type of traffic sign that is freestanding and identifies the name of a street.

SIGN, WAYFINDING

A sign that provides information and directions necessary or convenient for visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, and the like.

TRACT

The area encompassed by Block 42, Lots 37, 38, and 41.

Off-site improvements.

(1)

This section supersedes the residential site improvement standards and § 95-8 of the Township Code.

(2)

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 Land Use Planning Board, as the case may be, shall require as a condition of final site plan or subdivision approval that the applicant provide for such off-tract improvements. Off-tract improvements shall include water, sanitary sewer, drainage, and street improvements, including such easements as are necessary or as may otherwise be permitted by law.

(3)

Determination of cost. When off-tract improvements are required, the Township Engineer shall calculate the cost of such improvements in accordance with the procedures for determining performance guaranty amounts in N.J.S.A. 50:55-D-53.4. Such costs may include, but not be limited to, any or all costs of planning, surveying, permit acquisition, design, specification, property and easement acquisition, bidding, construction, construction management, inspection, legal, traffic control and other common and necessary costs of the construction of improvements. The Township 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 board of jurisdiction and the applicant.

(4)

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.

(5)

Improvements required for the applicant's development and benefitting others. Where the off-tract improvements would provide capacity in infrastructure in excess of the requirements in Subsection C(4) above, or address an existing deficiency, the applicant shall elect to either install the off-tract improvements, pay its pro rata share of the cost to the Township, or pay more than its pro rata share of the cost to facilitate the construction of the improvement(s) and accept future reimbursement so as to reduce its payment to an amount equal to its pro rata share. If a developer elects to address the required off-tract improvement(s) by making a payment, such payment shall be made prior to the issuance of any building permit. If the applicant elects to install the off-tract improvements or to pay more than its pro rata share of the cost of the improvements, it shall be eligible for partial reimbursement of costs of providing such excess. The calculation of excess shall be based on an appropriate and recognized standard for the off-tract improvement being constructed, including but not limited to gallonage, cubic feet per second and number of vehicles. Nothing herein shall be construed to prevent a different standard from being agreed to by the applicant and the Township Engineer. The process, procedures and calculation used in the determination of off-tract costs shall be memorialized in a developer's agreement to be reviewed and approved by the Township Attorney, who may request advice and assistance from the Land Use Planning Board Attorney. Future developers benefiting from the excess capacity provided or funded by the initial developer shall be assessed in their pro rata share of off-tract improvement cost based on the same calculation used in the initial calculation. Such future developers shall pay their assessment, plus a two-percent administration fee not to exceed $2,000, to the Township at the time of the signing of the final plat or final site plan as a condition precedent to such signing. The Township shall forward the assessment payment to the initial developer, less any administration fee, within 90 days of such payment.

(6)

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. 50:55D-53 and § 95-53.4 above.

(7)

Certification of costs. Once the required off-tract improvements are installed and the performance bond released, the developer shall provide a certification to the Township Engineer of the actual costs of the installation. The Township Engineer shall review the certification of costs and shall either accept them, reject them, or conditionally accept them. In the review of costs, the Township 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 Township Engineer's request shall constitute forfeiture of the right of future reimbursement for improvements that benefit other.

(8)

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 Township Engineer.

Uses.

(1)

Permitted principal uses.

(a)

Duplex dwellings.

(b)

Multifamily dwellings.

(c)

Townhouse dwellings.

(d)

Stacked townhouse dwellings.

(e)

Affordable housing units within townhouse buildings, which may be designed as one-over-one apartment flats within a townhouse configuration.

(f)

Public or private open space and recreation areas.

(g)

One or more of the above mentioned uses on one lot.

(h)

Access driveway or street for adjacent office use on Block 42, Lot 37.02.

(i)

Monument and wayfinding signs for adjacent office use on Block 42, Lot 37.02.

(2)

Permitted accessory uses.

(a)

Fences and walls, including retaining walls.

(b)

Off-street parking and garages under or incorporated into the building design.

(c)

Clubhouses.

(d)

Public or private recreational facilities, including, but not limited to, community pools, tennis courts, noncommercial fitness facilities and playgrounds.

(e)

Public or private parks and open space facilities, including, but not limited to, walkways, bikeways, courtyards, plazas, community gardens, and dog parks.

(f)

Leasing and management offices.

(g)

Clubrooms, lounges, game rooms, mail rooms, business centers, and similar interior common resident amenities incorporated into a larger building design. These accessory uses shall not be in stand-alone structures.

(h)

Dog spa or grooming facility, not including boarding or veterinarian services, only for residents of the development incorporated into a larger building design. This accessory use shall not be in a stand-alone structure.

(i)

Signs.

(j)

Temporary construction trailer, temporary sales trailer and temporary sales office in model home through final project certificate of occupancy.

(k)

Trash enclosures and compactors.

(l)

Common or centralized mailboxes, which are designed in keeping with the architecture of the buildings.

(m)

Public and private utilities.

(n)

Generators related to clubhouses, any required booster pumps, or for emergency services. No individual residential unit shall be permitted a generator.

(o)

Unmanned gatehouse; however there shall be no gates blocking access.

Bulk standards.

(1)

Minimum tract area: 70 acres.

(2)

The standards in Subsection E(3) through (10) below shall apply to the entire tract area on an entire tract basis.

(3)

Minimum parcel area: five acres for public parks and public open spaces and 12 acres for residential development parcels.

(4)

Minimum building tract setbacks:

(a)

Public streets: 50 feet.

(b)

Interior north lot line: 40 feet.

(c)

Interior northwest lot line: 85 feet.

(5)

Minimum distance between buildings: (Note: For purposes of this section, calculation of setbacks shall not include decks and patios, which may project a maximum of 10 feet from a building, and porches, stairs and chimneys, which may project up to five feet from a building. However, porches within the front yard may project up to eight feet from a building. Front, side, and rear of buildings shall be designed on a building-by-building basis on the site plan based on building orientation).

(a)

Front-to-front: 75 feet.

(b)

Side-to-side: 25 feet.

(c)

Rear-to-rear: 50 feet.

(d)

Other configuration: 30 feet.

(6)

Dimensional requirements:

(a)

Maximum townhome and stacked townhome length: 200 feet.

(b)

Maximum multifamily building length: 230 feet.

(c)

Maximum number of units before vertical break: two units.

(d)

Minimum front of townhouse building to inside (house side) of sidewalk along public or private street: 18 feet.

(e)

Minimum side and rear of building to public or private street: 10 feet.

(f)

Minimum building to off-street parking spaces: 10 feet. This standard does not apply to facades that contain garage doors.

(7)

Maximum building coverage: 45%.

(8)

Maximum impervious coverage: 60%.

(9)

Maximum density: 7.4 units per acre, up to a maximum of 548 units, calculated on the overall tract size.

(10)

Maximum building height: 40 feet for duplex, townhome, and stacked townhome dwellings with allowances for stepped foundations along the building length, in which case, said measurement shall then apply to each stepped section; 55 feet for multifamily dwellings.

Bedrooms. A maximum of 50% of the townhouse, duplex, and stacked townhouse units may have up to four bedrooms.

Affordable housing requirements.

(1)

The Residential Multi-Family Zone shall have an obligation to deed-restrict 96 total units as affordable units. The units shall meet the very-low/low-moderate-income split required by the Uniform Housing Affordability Controls and 13% of the required units shall be very-low-income as defined by the Fair Housing Act (30% of the region's median income).

(2)

Affordable units shall be dispersed throughout the site and designed to be architecturally consistent and compatible with the market-rate units.

(3)

The affordable units shall have a minimum thirty-year deed restriction. Any such affordable units shall comply with UHAC, applicable COAH affordable housing regulations, the Fair Housing Act, any applicable order of the Court, and other applicable laws.

(4)

The units shall meet the bedroom distribution required by the Uniform Housing Affordability Controls.

(5)

The developer/owner shall be responsible for retaining no more than two qualified administrative agents, subject to the reasonable approval of the Township Council to oversee the sales and rentals of the affordable housing units, at the developer's sole cost and expense.

(6)

All necessary steps shall be taken to make the affordable units provided creditworthy pursuant to applicable law for purposes of addressing the Township's affordable housing obligation.

Lighting.

(1)

Low-pressure sodium or mercury vapor lighting is prohibited.

(2)

Parking lot lighting shall be no more than 20 feet in height.

(3)

A minimum average of 1/2 footcandle shall be maintained within parking lots. A minimum average of 0.3 footcandle shall be maintained over all pedestrian walkways that are adjacent to streets.

(4)

Parking lot fixtures shall be full cutoff.

(5)

Footcandles at the tract boundary shall not exceed one footcandle, except where there are entrance/exit driveways.

(6)

Streetlighting.

(a)

Public streets. Streetlights shall be installed as directed by the Township Engineering Department and in accordance with recommended practice of street and highway lighting of the Illuminating Engineering Society, where it is required by the Planning Board, along the streets within and abutting the subdivision. All fixtures or luminaries which will be required in a subdivision shall be installed at the same time, thereby constituting a single process of installation. All wires necessary to serve the streetlighting system shall be placed underground, and arrangements shall be made with the appropriate utility for carrying out this provision. Construction and maintenance easements shall be provided for such installations. The subdivider shall pay the cost of operating said streetlights until such time as the said lights which are installed shall be accepted by resolution of the Township Council as part of the acceptance of a public street of the Township. At the time of final approval, the subdivider shall deposit with the Township cash in an amount equal to twice the annual billing rate, as determined by the appropriate utility which shall provide streetlighting. The Township shall utilize said cash deposit to pay the annual billings for such streetlighting in the subdivision until the streets are accepted by resolution of the Township Council, at which time the Township will return to the subdivider the remaining cash on deposit, if any.

(b)

Private streets. Streetlights shall be installed to provide a minimum average of 1.0 footcandle over the cartway.

(7)

All street lights shall be decorative in style and compatible with the Township's streetscape lighting.

Fences and walls.

(1)

To the extent possible, the use of retaining walls should be used in the form of terraces to accommodate severe grade changes, rather than single tall retaining walls. However, no individual retaining wall shall exceed a height of 10 feet. Where provided, retaining walls shall be screened with a variety of landscaping materials, in groupings, rather than utilizing hedges or uniform plant species and spacing. Retaining walls 10 feet or taller shall be offset from one another so that the face of each retaining wall is no closer than five feet. Retaining walls less than 10 feet shall be offset from one another so that the face of each retaining wall is no closer than four feet. A series of successive, terraced walls cannot be higher than 20 feet in total.

(2)

Fences and walls shall not be located in any required sight triangles.

(3)

When a wall or fence is installed on top of a berm, railroad tie wall or other similar structure or mounding, and located within six feet of the face or foot of the berm, wall or mounding, the height of the fence shall include the height of the berm, retaining wall or other mounding which is at a higher elevation than the predominant grade of the property on which the fence is located. However, a safety fence, no taller than four feet, shall not be included in the wall or fence height calculation.

(4)

Fences between a building and a street shall be a maximum of 48 inches tall and not less than 50% open, such as picket fences and post and rail fences, but in no instance shall said fence be made of chain link or similar materials. For the purpose of corner lots, both street frontages shall be treated as a front yard.

(5)

Fences that are not located between a building and the street shall be a maximum of six feet in height. Chain link fences are prohibited.

(6)

Fences or walls around trash receptacles or compactors may be a maximum of eight feet tall.

(7)

(8)

(9)

Fences and/or walls shall be designed and engineered to allow for the flow of drainage.

Site improvement standards. Streets, curbs, gutters, sidewalks, pavements, street signs, parking lots, the water supply, fire hydrants, the sanitary sewer system, and stormwater management shall be designed in accordance with the residential site improvement standards.

Parking.

(1)

Off-street parking shall be provided and designed in accordance with the residential site improvement standards and the Americans with Disabilities Act requirements.

(2)

Minimum required off-street parking for duplex dwellings:

(a)

Two-bedroom unit: 1.5 spaces.

(b)

Three-bedroom unit: 2.0 spaces.

(c)

Four-bedroom unit: 2.5 spaces.

(3)

Minimum off-street parking for townhouses and stacked townhouses:

(a)

Two-bedroom unit: 2.3 spaces.

(b)

Three-bedroom unit: 2.4 spaces.

(c)

Four-bedroom unit: 2.5 spaces.

(4)

Minimum off-street parking for multifamily dwellings: 1.8 spaces per unit.

(5)

Parking spaces shall measure nine feet wide by 18 feet long.

(6)

There shall be no parking of recreational vehicles, trailers or boats.

(7)

Parking spaces shall be designed in such a manner to ensure vehicles do not encroach on the minimum required four-foot-wide sidewalks, where sidewalks are required.

(8)

Hairpin striping shall be utilized to delineate parking spaces in a parking lot.

(9)

A maximum of 10% of parking spaces may be compact. Compact spaces shall measure 8.5 feet wide by 16 feet long.

Circulation.

(1)

Walkways shall link all residential buildings within each section of the development.

(2)

Where walkways traverse streets, crosswalks shall be delineated by striping, a contrasting color or material. Where walkways traverse the ring roads, crosswalks shall be provided and marked with textured paving in a contrasting color or material.

(3)

Benches shall be located throughout the site along the pedestrian network. Benches shall be installed at a minimum of one for every 750 linear feet of walkway. This requirement excludes sidewalks along streets.

Open space. A minimum of 5% of the tract, excluding any public parks, shall be open space for the use of the residents. This may be linear walking paths, passive spaces, active recreation areas or the like.

Landscaping.

(1)

Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, define entranceways, screen parking areas, mitigate adverse visual impacts and enhance buffer areas. The landscape design shall create visual diversity and contrast through variation in size, shaped, texture, and color. The selection of plants in terms of susceptibility to disease and insect damage, wind damage, habitat (wet-side, drought, sun, and shade tolerance), soil conditions, growth rate, maintenance requirements, etc., shall be considered.

(2)

Street trees.

(a)

Street trees shall be provided along all contiguous public streets, an average of 50 feet on center. Street trees shall be provided along all internal roadways, whether public or private, an average of 60 feet on center. The following species are permitted:

[1]

Regent Scholar.

[2]

Chinese Elm.

[3]

October Glory Maple.

[4]

Katsure tree.

[5]

Maidenhair tree.

[6]

Greenspire Linden.

[7]

Village Green Zelkova.

[8]

Red Sunset Maple.

(b)

Trees shall be a minimum of 2.5 inches caliper and 10 feet in height.

(c)

No more than 40% of the street trees shall be of the same species and/or variety.

(3)

Foundation plantings. The landscape plan shall include foundation plantings that provide an attractive visual setting for the development. These plantings shall include species that provide seasonal interest at varying heights to complement and provide pedestrian scale to the proposed architectural design of the buildings. The foundation planting shall incorporate evergreen shrubs and groups of small trees in order to provide human scale to the building facades and winter interest. Foundation plantings shall be planted along the front facades of all buildings and along/beside primary building access points.

(4)

Tract buffer.

(a)

With respect to the entire tract, a minimum twenty-foot-wide landscaped buffer shall be provided, except along the tract boundary with the Research Laboratory and Office Zone, where the width shall be a minimum of 10 feet. Within this buffer area, no existing tree shall be cut or removed unless the tree is diseased or dead or necessary for the installation of driveways, streets, or utilities.

(b)

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees, and shrubs to provide a natural-looking buffer while providing a visual screen.

(c)

Buffer plantings shall be a mixed planting and shall include the following:

[1]

One shade tree for every 50 linear feet of buffer (Along public streets, the streets tree shall be counted towards this requirement.);

[2]

One evergreen tree for every 25 linear feet of buffer; and

[3]

Ten shrubs for every 50 linear feet of buffer.

(d)

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

(e)

Buffer plants shall be the following size at the time of planting:

[1]

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 feet in height, balled and burlapped.

[2]

Evergreen trees shall be planted at a minimum height of six to eight feet, balled and burlapped.

[3]

Shrubs shall be planted at a minimum of 24 inches in height. However, a minimum of 50% of the shrubs shall be taller than 24 inches at installation. Fifty percent of shrubs shall be evergreen.

(f)

Shade trees shall be considered deciduous trees that mature to a height of 50 feet or greater. Evergreen trees shall be considered trees which mature to a height of 30 feet. Should narrower varieties of evergreens be proposed for buffer plantings, additional plants shall be required to achieve a visual screen.

(g)

No more than 25% of the plantings shall be of the same species and/or variety of plant.

(h)

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

(5)

Parking lot landscaping.

(a)

For every 20 surface parking spaces there shall be one landscape area, which may include the end caps, that is at least 162 square feet.

(b)

The landscape area shall contain trees and/or shrubs.

(c)

Trees shall be a minimum of 2.5 inches caliper and shrubs shall be at least 24 inches tall.

(d)

Parking spaces within 150 feet of an off-site residential use, which face said residential use, shall be screened to a minimum height of four feet by the use of appropriate plantings of sufficient height and density so as to obscure the view of such parking from adjacent off-site residential uses. The use of ground contouring, i.e., berms, may be employed to assist with said screening.

(6)

Landscaping within sight triangles shall not exceed a mature height of 30 inches.

(7)

Landscaping of any new stormwater management facilities shall be as required by the development in accordance with NJDEP best management plan requirements. Nonstructural facilities shall be considered in the design of the proposed stormwater system to the extent practical.

(8)

The landscape plan shall be prepared by a certified landscape architect certified by the New Jersey State Board of Landscape Architects.

(9)

Each application within the Residential Multi-Family Zone shall be accompanied by a tree preservation plan. The plan shall identify all trees six inches or greater dbh (diameter at breast height) to be preserved. It should be noted that the tree survey provisions of this section do not apply.

Signs. The following types of signs are permitted in the Residential Multi-Family District:

(1)

Monument signs.

(a)

Two monument signs shall be permitted at each site entrance.

(b)

The maximum sign area (excluding the base) shall be 40 square feet per side. A monument sign may have two sides, which are parallel to each other.

(c)

The maximum sign height shall be six feet above grade.

(d)

Monument signs shall be set back a minimum of 10 feet from any property line and located outside of any sight triangles.

(e)

Monument signs may be externally illuminated.

(2)

Street address and building signs.

(a)

Street address or building signage is required on each building or individual units.

(b)

Numbers on the duplex dwellings, townhouses, and stacked townhouses shall be a maximum of 1.5 feet in height.

(c)

Numbers or letters on the multifamily dwellings shall be a maximum of three feet in height.

(3)

Wayfinding signage.

(a)

A maximum of 10 wayfinding signs are permitted per tract to assist visitors to the site.

(b)

The maximum sign area shall be 12 square feet.

(c)

The maximum height shall be five feet.

(d)

Wayfinding signs shall be set back a minimum of 10 feet from any tract boundary and located outside of any sight triangles.

(e)

Wayfinding signs may be internally or externally illuminated.

Trash.

(1)

Trash receptacles and compactors shall not be visible from any public street and shall be located to the rear or side of the building.

(2)

All trash receptables and compactors shall be screened by a solid fence or solid decorative masonry wall on three sides and heavy-duty gate closures on the fourth side.

(3)

The trash enclosure and/or compactor shall be surrounded and screened on three sides by a mixture of deciduous and evergreen plant species.

(4)

Trash pickup for the townhouse structures shall be curbside, unless solid waste regulations or industry standards change that would eliminate or modify the same. In such an instance, centralized trash enclosures shall be installed, which are subject to the review and approval of the Land Use Planning Board.

Utilities. All utilities shall be underground.

Architectural standards.

(1)

Building facades visible from a public street shall consist of brick, stone, cast stone, vinyl, cementitious plank siding or other high-quality material.

(2)

Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as balconies, canopies and recesses shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall.

(3)

The maximum spacing between building wall offsets shall be 30 feet.

(4)

The minimum projection or depth of any individual vertical offset shall not be less than 1 1/2 feet.

(5)

Roofline offsets, which include dormers and gables, shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The maximum spacing between roof offsets shall be 40 feet.

(6)

The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors, and details.

(7)

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. Flat roofs are permitted provided that all visibly exposed walls have an articulated cornice that projects horizontally from the vertical building wall plane.

(8)

Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building. Windows shall be vertically proportioned.

(9)

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

(10)

Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devise shall be screened or otherwise specially treated to be, as much as possible, inconspicuous as viewed from the public right-of-way and adjacent properties.

(11)

All rooftop mechanical equipment shall be screened from view.

(12)

Packaged terminal air-conditioner units within the facade shall blend in with the color of the surrounding facade materials.

Generator standards.

(1)

Only one generator is allowed for each permanent structure.

(2)

Generators must be set back from any structure in accordance with the manufacturer's requirements or applicable electrical and fire codes.

(3)

The generator shall be used only during periods of emergency or for weekly testing, and necessary maintenance operations.

(4)

The generator footprint, including the pad, shall count in the calculation of impervious coverage.

(5)

The exhaust of the generator shall, as much as practically feasible, be vented upwards and directed away from residential uses.

(6)

The generator shall be operated for routine testing and maintenance purposes, not more than once in any seven-day period, and at no time shall exceed 30 minutes. Testing of emergency generators is permitted Monday through Saturday only (excluding holidays) between the hours of 11:00 a.m. and 2:00 p.m.

(7)

Testing may be conducted when the unit is being repaired, provided that such testing period shall not exceed 30 minutes and shall be conducted as such between the hours of 10:00 a.m. and 5:00 p.m., Monday through Saturday, excluding holidays.

(8)

The generator, shall always comply with any ordinance or regulation of the Township of East Hanover imposing noise restrictions except when used for emergency purposes, testing or repairs and said system must, at all times, be outfitted with a working muffler and manufacturer-specified sound attenuating enclosure/housing.

(9)

A generator must be screened and buffered on all sides.

(10)

Screening shall be as tall as top of the generator unit. The screening shall be offset from the generator in conformance to the manufacturer's specifications and in accordance with applicable electrical and fire codes.

(11)

Screening shall be comprised of solid-faced fencing. The generator fencing shall be entirely surrounded by landscaping with the exception of the access gate. The Township Land Use Planning Board shall determine the plantings required to buffer the generator. The generator shall be located no closer than 30 feet to any residential use, 30 feet to any recreational use, or 20 feet to any roadway or driveway. Any generator within 30 feet of a roadway shall be protected by bollards. However, a generator for water system purposes shall be no closer than 30 feet to any residential use, five feet to any recreation use, or 10 feet to any roadway or driveway. Any other generator required or requested for the site shall require Planning Board approval.

(12)

The generator installation and continued operation must comply with applicable federal, state and municipal codes, including New Jersey Department of Environmental Protection (NJDEP) air quality permitting.

General.

(1)

All applications within the Residential Multi-Family District shall prepare and submit an environmental impact study as outlined in § 95-39.1.

(2)

All applications within the Residential Multi-Family District shall comply with § 95-39.2, Performance standards.

(3)

Any application filed within the Residential Multi-Family District shall be submitted in compliance with §§ 95-34 through 95-36. Additionally, a utility capacity study shall be submitted with any application for development.

(4)

On-tract improvements for site plans and subdivisions shall comply with § 95-37 unless superseded by any previous section of § 95-53.4 or the residential site improvement standards.

(5)

All applications within the Residential Multi-Family District shall comply with Article VIII, Soil Moving. However, no tree survey shall be required.

[1]

Editor's Note: Former § 95-53.4, RAH-2, Residential Affordable Housing Zone regulations, added 11-21-1989 by Ord. No. 16-1989 was repealed 7-24-1997 by Ord. No. 15-1997.

§ 95-53.5 RMF-2 Residential Multi-Family 2 Zone regulations. [1]

[Added 7-6-2020 by Ord. No. 4-2020; amended 5-5-2025 by Ord. No. 13-2025]

The following standards shall apply to development in the Residential Multi-Family 2 Zone. Other provisions of Chapter 95, Land Use and Zoning, of the East Hanover Code shall apply to development in the Residential Multi-Family 2 Zone only where specifically indicated as applicable in § 95-53.5. When the standards herein conflict with other provisions of Chapter 95, the standards herein shall apply.

Purpose. The purpose of this zone is to construct an inclusionary housing development that provides credits towards the Township's affordable housing obligation.

Uses.

(1)

Permitted principal uses.

(a)

Multi-family dwellings.

(b)

Assisted living facilities.

(c)

Independent living facilities.

(d)

Alternative living arrangements.

(e)

Supportive housing.

(f)

Community center.

(g)

One or more of the above mentioned uses on one lot.

(2)

Permitted accessory uses.

(a)

Community center.

(b)

Fences and walls, including retaining walls.

(c)

Off-street parking.

(d)

Cooling tower, which shall be screened, and no more than 18 feet in height.

(e)

Electric vehicle charging stations.

(f)

Gazebos.

(g)

Public or private parks and open space facilities, including, but not limited to, pools, barbecue areas, dog runs, tennis and pickleball courts, bocce ball, walkways, bikeways, courtyards, plazas, and community gardens.

(h)

Leasing and management offices.

(i)

Temporary sales center.

(j)

Generators.

(k)

Clubrooms, lounges, game rooms, mail rooms, spa/salon, therapy and gym areas, and similar interior common resident amenities incorporated into a larger building design. These accessory uses shall not be in stand-alone structures.

(l)

Signs.

(m)

Trash enclosures and compactors.

(n)

Public and private utilities.

Bulk standards.

(1)

Minimum tract area: seven acres.

(2)

Minimum building setback from lot lines: 50 feet, but internal RMF-2 Zone lot lines shall have a building setback of 30 feet. Along Nike Drive the minimum building setback shall be no less than 60 feet, measured from the Nike Drive curb line.

(3)

Minimum distance between principal buildings: 40 feet.

(4)

Maximum building coverage: 40%.

(5)

Maximum impervious coverage: 60%.

(6)

Maximum density: 16 units per acre, up to a maximum of 295 units, calculated on the overall zone acreage.

(7)

Maximum building height.

(a)

Four stories and 55 feet for multi-family buildings, alternative living arrangements, supportive housing, and community centers.

(b)

Four stories and 55 feet for assisted and independent living facilities.

(c)

Building height within the RMF-2 Zone shall be defined as "The vertical distance measured from the average proposed grade to the highest point of the roof surface if the roof is flat, to the deckline of mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs. Average proposed grade shall be the average of at least eight equally spaced elevations along the proposed grade of the building."

Affordable housing requirements for multi-family, alternative living and supportive housing:

(1)

All affordable units shall meet the very-low-/low-/moderate-income split required by the Uniform Housing Affordability Controls, and at least 13% of the required units shall be very-low-income as defined by the Fair Housing Act (30% of the region's median income).

(2)

The affordable units shall have a minimum forty-year deed restriction, which may be extended at the unilateral discretion of the Township. Any such affordable units shall comply with UHAC, applicable COAH affordable housing regulations, the Fair Housing Act, any applicable order of the court, and other applicable laws.

(3)

The affordable units shall meet the bedroom distribution required by the Uniform Housing Affordability Controls.

(4)

The developer/owner of the affordable units shall utilize the Township's Administrative Agent to oversee the sales and/or rentals of the affordable housing units, at the developer's sole cost and expense.

(5)

All necessary steps shall be taken to make the affordable units creditworthy pursuant to applicable law for purposes of addressing the Township's affordable housing obligation.

(6)

Affordable housing requirements for multi-family development. Multi-family development shall provide a minimum affordable housing set-aside of 20%.

Affordable housing requirements for assisted living facilities. Ten percent of the beds within an assisted living facility shall meet the requirements of N.J.A.C. 5:93-5.16.

Affordable housing requirements for independent living facilities. Independent living facilities shall be subject to a nonresidential development fee pursuant to § 95-68.1.

Parking.

(1)

Off-street parking shall be provided and designed in accordance with the Residential Site Improvement Standards and the Americans with Disabilities Act requirements, except as noted below.

(2)

Off-street parking for:

(a)

Assisted living facilities shall be provided at the rate of 0.8 space per unit.

(b)

Independent living facilities shall be provided at the rate of one space per unit plus one space for each employee during the peak shift.

(c)

Community centers shall be provided at the rate of 10 spaces per 1,000 square feet of indoor building area comprising the same.

(3)

Parking spaces shall measure a minimum of nine feet wide by 18 feet long.

(4)

There shall be no parking of recreational vehicles, trailers or boats.

(5)

Parking spaces shall be designed in such a manner to ensure vehicles do not encroach on adjacent sidewalks. This restriction shall not apply to sidewalks which are at least seven feet wide.

(6)

Hairpin striping shall be utilized to delineate parking spaces.

Circulation.

(1)

Walkways shall link all buildings within each section of the development.

(2)

Where walkways traverse streets, crosswalks shall be delineated by striping, a contrasting color or material. Where walkways traverse the driveways, crosswalks shall be provided and marked with textured paving in a contrasting color or material.

(3)

Benches shall be located throughout the site along the pedestrian network. Benches shall be installed, at a minimum of one for every 750 linear feet of walkway. This requirement excludes sidewalks along public streets.

Open space. A minimum of 10% of the tract shall be open space for the use of the residents. This may be linear walking paths, passive spaces, active recreation areas or the like.

Landscaping.

(1)

Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, define entranceways, screen parking areas, mitigate adverse visual impacts, and enhance buffer areas. The landscape design shall create visual diversity and contrast through variation in size, shape, texture, and color. The selection of plants in terms of susceptibility to disease and insect damage, wind damage, habitat (wet-side, drought, sun, and shade tolerance), soil conditions, growth rate, maintenance requirements, etc., shall be considered.

(2)

Street trees.

(a)

[1]

Honey Locust thornless.

[2]

Sugar Maple.

[3]

October Glory Maple.

[4]

Willow Oak.

[5]

Maidenhair tree (Ginkgo biloba sterile male).

[6]

Serviceberry (single stem).

[7]

Village Green Zelkova.

[8]

Red Sunset Maple.

[9]

American Hornbeam.

(b)

Trees shall be a minimum of 2.5 inches caliper and 10 feet in height.

(c)

No more than 40% of the street trees shall be of the same species and/or variety.

(3)

(4)

Tract buffer.

(a)

Along Nike Drive, a minimum twenty-foot-wide landscaped buffer shall be provided.

(b)

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees, and shrubs to provide a natural-looking buffer while providing a visual screen.

(c)

Buffer plantings shall be a mixed planting and shall include the following:

[1]

One shade tree for every 50 linear feet of buffer (along public streets, the street trees shall be counted towards this requirement);

[2]

One evergreen tree for every 25 linear feet of buffer; and

[3]

Ten shrubs for every 50 linear feet of buffer.

(d)

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

(e)

Buffer plants shall be the following size at the time of planting:

[1]

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 feet in height, balled and burlapped.

[2]

Evergreen trees shall be planted at a minimum height of six to eight feet, balled and burlapped.

[3]

Shrubs shall be planted at a minimum of 24 inches in height. However, a minimum of 50% of the shrubs shall be taller than 24 inches at installation. Fifty percent of shrubs shall be evergreen.

(f)

(g)

No more than twenty-five percent (25%) of the plantings shall be of the same species and/or variety of plant.

(h)

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

(5)

Parking lot landscaping.

(a)

For every 20 surface parking spaces there shall be one landscape area that is at least 162 square feet.

(b)

The landscape area shall contain trees and/or shrubs.

(c)

Trees shall be a minimum of 2.5 inches caliper and shrubs shall be at least 24 inches tall.

(6)

Landscaping within sight triangles shall not exceed a mature height of 30 inches.

(7)

(8)

The landscape plan shall be prepared by a certified landscape architect certified by the New Jersey State Board of Landscape Architects.

(9)

Each application within the Residential Multi-Family 2 Zone shall be accompanied by a tree preservation plan. The plan shall identify all trees six inches or greater dbh (diameter at breast height) to be preserved. It should be noted that the tree survey provisions of the ordinance do not apply.

Lighting.

(1)

Low-pressure sodium or mercury vapor lighting is prohibited.

(2)

Parking lot lighting shall be no more than 20 feet in height.

(3)

A minimum average of 1/2 footcandle shall be maintained within parking lots. A minimum average of 0.3 footcandle shall be maintained over all pedestrian walkways that are adjacent to streets.

(4)

Parking lot fixtures shall be full cut off.

(5)

Footcandles at the tract boundary shall not exceed one footcandle, except where there are entrance/exit driveways.

(6)

Private streets and/or driveways. Streetlights shall be installed to provide a minimum average of 1.0 footcandle over the cartway.

Fences and walls.

(1)

Fences and walls shall not be located in any required sight triangles.

(2)

(3)

Fences between a building and a public street shall be a maximum of 48 inches tall and not less than fifty percent (50%) open, such as picket fences and post and rail fences, but in no instance shall said fence be made of chain link or similar materials. For the purpose of corner lots, both street frontages shall be treated as a front yard.

(4)

Fences that are not located between a building and the street shall be a maximum of six feet in height. Chain link fences are prohibited.

(5)

Fences or walls around trash receptacles or compactors may be a maximum of seven feet tall.

(6)

(7)

Fences and/or walls shall be designed and engineered to allow for the flow of drainage.

(8)

Retaining walls shall be a maximum of 15 feet tall when constructed as part of a retention/ detention basin. All other retaining walls shall be a maximum of six feet tall.

Signs. The following types of signs are permitted in the Residential Multi-Family District:

(1)

Monument signs.

(a)

One monument sign shall be permitted at each site entrance.

(b)

The maximum sign area of each monument sign (excluding the base) shall be 40 square feet per side. A monument sign may have two sides, which are parallel to each other.

(c)

The maximum sign height shall be six feet above proposed grade.

(d)

Monument signs shall be set back a minimum of 10 feet from any property line and located outside of any sight triangles.

(e)

Monument signs are permitted to be externally illuminated.

(2)

Temporary signage. Each parcel may have up to two temporary signs at any time; each temporary sign may have a sign face of up to 32 square feet.

(3)

Wayfinding signage.

(a)

A maximum of six wayfinding signs are permitted per parcel to assist visitors to the site.

(b)

The maximum sign area shall be six square feet.

(c)

The maximum height shall be five feet.

(d)

Wayfinding signs shall be set back a minimum of eight feet from any property line and located outside of any sight triangles.

(e)

Wayfinding signs may be internally or externally illuminated.

Trash.

(1)

Trash receptacles and compactors shall not be visible from any public street and shall be located to the rear or side of the building.

(2)

All trash receptables and compactors shall be screened by a solid fence or solid decorative masonry wall on three sides and heavy-duty gate closures on the fourth side.

(3)

The trash enclosure and/or compactor shall be surrounded and screened on three sides by a mixture of deciduous and evergreen plant species.

Utilities. All utilities shall be underground.

Architectural standards.

(1)

Building facades visible from a public street shall consist of brick, stone, cast stone, vinyl, cementitious plank siding or other high-quality material.

(2)

(3)

The maximum spacing between building wall offsets shall be 45 feet.

(4)

The minimum projection or depth of any individual vertical offset shall not be less than 1 1/2 feet.

(5)

(6)

(7)

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. Flat roofs are permitted, provided that all visibly exposed walls have an articulated cornice that projects horizontally from the vertical building wall plane.

(8)

Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building. Windows shall be vertically proportioned.

(9)

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

(10)

Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be, as much as possible, inconspicuous as viewed from the public right-of-way and adjacent properties.

(11)

All rooftop mechanical equipment shall be screened from view.

(12)

Packaged terminal air conditioner units within the facade shall blend in with the color of the surrounding facade materials.

General.

(1)

All applications within the Residential Multi-Family 2 District shall prepare and submit an environmental impact study as outlined in § 95-39.1.

(2)

All applications within the Residential Multi-Family 2 District shall comply with § 95-39.2, Performance standards for all uses.

(3)

Any application filed within the Residential Multi-Family 2 District shall be submitted in compliance with §§ 95-34 through 95-36. Additionally, a utility capacity study shall be submitted with any application for development.

(4)

On-tract improvements for site plans and subdivisions shall comply with § 95-37 unless superseded by the Residential Site Improvement Standards.

(5)

All applications within the Residential Multi-Family 2 District shall comply with Article VIII, Soil Moving. However, no tree survey shall be required.

[1]

Editor's Note: Former § 95-53.5, RAH-3, Residential Affordable Housing Zone regulations, added 11-21-1989 by Ord. No. 20-1989, was repealed 6-13-1996 by Ord. No. 12-1996; 5-15-1997 by Ord. No. 16-1997; 12-18-1997 by Ord. No. 39-1997; and 12-18-1997 by Ord. No. 40-1997.

§ 95-53.6 SED (Special Economic Development) Industrial District regulations.

[Added 12-3-1992 by Ord. No. 24-1992[1]; amended 10-2-2017 by Ord. No. 13-2017; 12-6-2021 by Ord. No. 14-2021; 12-6-2021 by Ord. No. 15-2021; 6-5-2023 by Ord. No. 2-2023; 3-4-2024 by Ord. No. 01-2024]

Purpose of the SED District.

(1)

The SED (Special Economic Development) Industrial District is designed to facilitate the creation of a twenty-first-century workplace over multiple lots that attract today's and tomorrow's workforce. The District seeks to draw science, technology, and health companies to create a quality employment center within the Township.

Permitted principal uses shall be as follows:

(1)

Pharmaceutical manufacturing that complies with the performance standards delineated in in § 95-39.2, warehousing, processing, and distribution. Any deviations from the performance standards outlined in § 95-39.2 shall be treated as "C" bulk variances.

(2)

Business, corporate, and professional offices for executive and administrative purposes.

(3)

The finishing or assembling of articles made from previously prepared or refined materials, for example, component assembly.

(4)

The preparation and fabrication of metals and metal products or chemicals and chemical products.

(5)

Research and product development activities, including laboratories and structures and facilities used in connection therewith and the testing, sale, or lease of articles designed and produced in such laboratories.

(6)

Electronic data centers.

(7)

The manufacture and/or assembly of plastic products as listed under the North American Industry Classification Systems - 326 Plastics and Rubber Products Manufacturing.

(8)

Technical training institutions and schools.

(9)

Light manufacturing in the field of science and/or technology in conformance with the performance standards delineated in § 95-39.2. Any deviations from the performance standards outlined in § 95-39.2 shall be treated as "C" bulk variances.

(10)

Co-working offices.

(11)

Production studios.

(12)

Multiple permitted uses are allowed on the same parcel and in a single building.

Permitted accessory uses shall be as follows:

(1)

Buildings, structures and uses which are required to satisfy local, state or federal regulatory or environmental requirements related to the pharmaceutical research and manufacturing uses or other uses permitted within the zone.

(2)

Utility buildings and uses, including detached mechanical and electrical facilities.

(3)

Off-street parking and parking structures.

(4)

Indoor and outdoor recreational facilities, including, but not limited to, day care, ball fields and gyms.

(5)

Signs as permitted by § 95-100 et seq.

(6)

Regional stormwater detention facilities and private water systems.

(7)

Resource recovery, recycling and waste disposal facilities for materials generated on site.

(8)

Pollution prevention and control facilities.

(9)

Maintenance, supply, and equipment storage facilities.

(10)

Outdoor dining.

(11)

Gazebos.

(12)

Outdoor storage, subject to the following conditions:

(a)

Outdoor storage shall only be allowed in conjunction with the uses permitted under Subsection B(1), (3), (4), (5), (7), and (9) above.

(b)

Outdoor storage areas shall not be visible from a public street or any adjacent residential use.

(c)

Outdoor storage shall be fully screened from public streets and adjacent residential uses by either a six-foot-tall solid fence or a minimum six-foot-tall, staggered row of evergreen trees.

(d)

Outdoor storage shall be limited to 5% of the principal building's footprint.

(13)

Warehousing as an accessory use to the uses permitted under Subsection B(1), (3), (4), (5), (7), and (9) above, which shall be limited to 30% of the building's gross floor area.

(14)

Amphitheater.

(15)

Conference and meeting facilities.

(16)

Roof-mounted solar.

(17)

The following uses are permitted, but they are restricted to the employees of the site, their family members, and contractors and visitors to the site. Said uses shall not be available to the public.

(a)

Cafeterias and dining areas.

(b)

Eatery restaurant, without a drive-through.

(c)

Restaurant.

(d)

Day care.

(e)

Pet day care.

(f)

Dry cleaner.

(g)

Health, wellness, and medical offices.

(h)

Instructional uses.

(i)

Retail.

(j)

Salon.

(18)

Such other uses as are clearly accessory to the principal structure and uses.

(19)

Multiple permitted accessory uses are allowed on the same parcel and in a single building.

Prohibited uses.

(1)

Uses and activities which are specifically prohibited for the Light Industry I-3 Zone in § 95-59B.

(2)

Warehousing unrelated to the storage of chemicals and pharmaceuticals are specifically prohibited in the SED Zone as a principal use.

(3)

Residential.

Buffer area requirement. There shall be established along any lot line, which is immediately adjacent to existing residential uses or zones, a 100-foot buffer area from buildings. Vegetation and hardwood forests within buffer areas shall be preserved and supplemented where necessary in order to provide screening between this zone and adjacent single-family dwellings. Permitted uses within this buffer area shall include roadways for security purposes, drainage swales and water retention facilities.

Bulk requirements.

(1)

Minimum lot size: 15 acres.

(2)

Minimum yard setbacks:

(a)

From Route 10: 75 feet.

(b)

From Ridgedale Avenue: 50 feet.

(c)

From an adjacent residential zone or lot: 100 feet.

(d)

From an adjacent nonresidential zone or lot: 50 feet. However, buildings existing as of October 1, 2023, may be 25 feet from any adjacent nonresidential zone or lot.

(e)

Accessory uses and structures (excluding parking structures, which shall be treated as a principal structure for purpose of setbacks) from public street rights-of-way and adjacent residential parcels and zones: 50 feet.

(f)

Accessory uses and structures (excluding parking structures, which shall be treated as a principal structure for purpose of setbacks) from all other property lines: 20 feet.

(3)

Maximum building coverage: 30%.

(4)

Maximum lot coverage: 60%.

(5)

Maximum building height:

(a)

Principal buildings: 75 feet.

(b)

Parking structures: 65 feet.

(c)

Parapets, mechanical equipment, screening associated with such equipment, and any other structure located on the roof shall extend no more than five feet above the maximum permitted building height.

(d)

Accessory buildings and structures: 25 feet.

(6)

More than one principal building is permitted on a lot.

Other provisions and requirements.

(1)

Off-street parking.

(a)

Off-street parking shall be provided on the same lot as the use which it is intended to serve and it shall be located outside of the required yard setbacks from Route 10, Ridgedale Avenue, and any residential zone or lot. Parking shall be provided as follows:

[1]

Office, co-working office, and health/wellness/medical offices: One space per 400 square feet of net floor area.

[2]

Electronic data centers: Three spaces per four employees on the peak shift.

[3]

Technical and training institutions and schools: One space for each 1.25 persons employed therein, plus one space for each five students.

[4]

Research activities: One space for each 500 square feet of net floor area or one space per employee on the peak shift, whichever is greater.

[5]

Dry cleaner, instructional use, pet day care, day care, cafeteria and dining areas, restaurant and eatery restaurant, retail, and salon: No parking requirement.

[6]

Uses listed in Subsection B(1), (3), (4), (7), (9), and (11) above: One space for each 600 square feet of net floor area or one space per employee on the peak shift, whichever is greater.

(2)

The cumulative parking requirements for all land uses on a parcel may be reduced if it can be demonstrated that the peak usage of multiple land uses occur at different times. In order to obtain approval for a reduction of the cumulative parking requirement based on shared parking principles, a Shared Parking Plan prepared by a licensed engineer or planner shall be submitted for review and approval by the Board. The Shared Parking Plan shall be based on a shared parking model published by the Institute of Transportation Engineers (ITE), the Urban Land Institute (ULI) or other widely accepted industry model.

(3)

All parking spaces shall be a minimum of nine feet by 18 feet and shall be delineated with hairpin striping.

(4)

Loading facilities.

(a)

Where goods, merchandise, materials or equipment are delivered to, shipped from or loaded at a use, an off-street loading area must be planned and provided in accordance with the following:

[1]

Buildings within 100 feet of Ridgedale Avenue and Route 10 shall not have a loading dock facing the public street. Buildings within 250 feet of a residential zone or lot shall not have a loading dock facing said residential zone or lot.

[2]

A buffer shall be provided to shield the loading area from view of the public right-of-way or an adjacent residential property. A buffer shall consist of a six-foot-tall solid fence or a double row of staggered evergreens a minimum of six feet tall.

[3]

The site plan application shall include a full description of the nature and extent of the loading and unloading operations to be undertaken at the use as well as the types of materials involved, including any materials which may be hazardous, toxic or have special handling considerations.

[4]

The site plan application shall identify the number and types of vehicles, including, but not limited to, flatbed trucks, tractor-trailer trucks, tank trucks and pickup trucks, that shall be loaded or unloaded, the duration of the loading or unloading operations and the maximum number of vehicles by type expected to be loading or unloading at one time.

(5)

Refuse.

(a)

Outdoor refuse and recycling containers shall be visually screened within a durable enclosure, six feet or taller, so as not to be visible from adjacent lots or streets.

(b)

No refuse and recycling storage areas shall be permitted between a street and the front of a building.

(c)

All materials or waste which might cause fumes or dust or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in solid and covered containers which are adequate to eliminate such hazards.

(d)

Refuse and recycling collection enclosures shall be designed of durable materials, with finishes and colors which are unified and harmonious with the overall architectural theme.

(6)

Performance standards. All permitted uses are subject to the requirements of § 95-39.2.

Development within the SED District shall comply with the Township's Affordable Housing Development Fee Ordinance found in § 95-68.1.

All parcels within the SED District shall have passenger vehicle access to both Route 10 and Ridgedale Avenue. This may be accomplished through easements or a private road network.

Waivers of site plan submission requirements. Notwithstanding any provision set forth elsewhere in this chapter, the Planning Board may waive any engineering, construction and design requirements contained in this chapter and other Township ordinances, including, but not limited to, §§ 95-39 and 95-39.2, in order to achieve the objectives of the SED Zone and necessary to facilitate approval, provided that the Planning Board shall be satisfied that such waiver does not jeopardize the public health and safety. Section 39.1 of Article VI of this chapter of the Code of the Township of East Hanover shall be inapplicable to development applications in the SED Zone District.

Contribution to off-tract improvements. A developer in the SED Zone shall not be requested or required to construct or contribute in any manner to any off-tract improvement unless over 50% of the need for such improvement is demonstrated to be necessitated by the proposed development. Where such construction or contribution may be required pursuant to this section, the developer's responsibility shall be no greater than a fair share of the cost of such improvements, based on the proportion of any improvement which is directly necessitated by the proposed development.

[1]

Editor's Note: Original Section IV of this ordinance provided for the fast-tracking obligation by the Township for the rezoned property; original Section V, regarding water capacity, sanitary sewers and utilities, amended Section VI of Ord. No. 14-1989, which section is not included in this chapter. Copies of these original ordinances are on file in the office of the Township Clerk.

§ 95-53.7 RAH-4 Residential Affordable Housing Zone regulations.

[Added 6-13-1996 by Ord. No. 13-1996; amended 5-15-1997 by Ord. No. 17-1997; 12-18-1997 by Ord. No. 41-1997]

Purpose. The purpose of this zone is to provide the opportunity for development of rental affordable housing units for both age-restricted and non-age-restricted use as required by the Constitution of the State of New Jersey and the Fair Housing Act[1] and to establish one contiguous affordable housing zone.

[1]

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

Permitted uses.

(1)

Permitted uses shall be limited to multiple single-family dwellings and multiple-family dwellings and corresponding recreational facilities.

(2)

A total of 96 dwellings shall be permitted of which 60 affordable age-restricted rental units shall be permitted and 36 affordable non-age-restricted rental units shall be permitted in accordance with the rules and regulations of COAH.

Standards for development. The standards for development shall be as follows:

(1)

Not more than 20% of the site area shall be covered by buildings.

(2)

The buildings shall not exceed three living stories, excluding garages, nor shall they exceed 35 feet in height as building height is determined under the Township Land Use Ordinance. No apartments shall be built with any part below the outside ground level.

(3)

Interior roadways shall be private and have a cartway width of 24 feet for two-way traffic and 18 feet for one-way traffic subject to the reasonable review and approval of the Fire Subcode Official.

(4)

Parking requirements shall be 1.5 spaces for each one-bedroom or efficiency unit, if any, and two spaces for each other unit. Parking spaces shall not be smaller than nine feet in width by 19 feet in length. A garage and driveway together shall count as two spaces. No parking space shall be located closer than 10 feet to the building, except where parking spaces are located within attached garages or within the building and except for driveways serving garages.

(5)

Age-restricted rental units and non-age-restricted units shall not be mixed in the same building.

(6)

Residential buildings shall consist of not more than 24 dwelling units, subject to considerations of overall sound project design. Each residential building shall be at least 30 feet from any other, except where necessary to achieve the unit yield specified in Subsection B or to promote overall sound project design.

(7)

The following provisions of the present SFA Zone regulations, § 95-53.1 of the Code of the Township of East Hanover, shall apply: § 95-53.1C, H, I, J, K, L, O and S.

Other requirements.

(1)

Miscellaneous recreational facilities shall be incorporated into common open spaces. These facilities shall provide active and passive recreation.

(2)

The developer shall submit a housing plan in conformance with housing affordability regulation § 95-46P of this chapter. No development shall occur until the housing plan has received approval of the East Hanover Township Council or its assigns.

(3)

A conveyance by deed, subject to approval of East Hanover Township, of the 13.88 acres of land, designated as Block 96, Lot 50, from the federal government shall be required.

§ 95-53.8 Residential Multi-Family 2 Overlay District regulations.

[Added 12-12-2019 by Ord. No. 19-2019]

Uses. In the Residential Multi-Family 2 Overlay District, no lot shall be used, and no building shall be erected, altered or occupied for any purposes other than the following:

(1)

Permitted principal uses.

(a)

Multifamily dwellings.

(b)

Townhouse dwellings.

(c)

Stacked townhouse dwellings.

(d)

Public or private open space and recreation areas.

(2)

Permitted accessory uses.

(a)

Fences and wall, including retaining walls.

(b)

Off-street parking and garages incorporated into the building design.

(c)

Clubhouses.

(d)

Public or private recreational facilities, including, but not limited to community pools, tennis courts, and playgrounds.

(e)

Lounge, mail room, and similar interior common residential amenities incorporated into a larger building design.

(f)

Trash enclosures and compactors.

(g)

Common or centralized mailboxes.

(h)

Public and private utilities.

Bulk standards.

(1)

Minimum lot size: eight acres.

(2)

Minimum tract setback:

(a)

Front yard (Eagle Rock Avenue): 50 feet.

(b)

Side yard setback (each): 50 feet.

(c)

Rear yard setback: 40 feet.

(3)

Minimum distance between buildings:

(a)

Front-to-front: 75 feet.

(b)

Side-to-side: 30 feet.

(c)

Rear-to-rear: 50 feet.

(d)

Other configuration: 40 feet.

(4)

Dimensional requirements:

(a)

Maximum townhouse and stacked townhome length: 160 feet.

(b)

Maximum multifamily building length: 200 feet.

(c)

Maximum number of units before vertical break: two units.

(d)

Minimum front of townhouse building to inside of sidewalk along a public or private street: 18 feet.

(e)

Minimum building to off-street parking spaces: 10 feet. This standard does not apply to a facade that contains garage doors.

(5)

Maximum building coverage: 50%.

(6)

Maximum impervious coverage: 65%.

(7)

Maximum density: 10 units to the acre.

(8)

Maximum building height: four stories and 48 feet; however, when a structure is within 100 feet of any single-family residence boundary line, buildings shall be no taller than three stories and 38 feet.

Affordable housing requirements.

(1)

The Residential Multi-Family 2 Overlay District shall have an obligation to deed-restrict 20% of the units built as affordable units regardless of tenure. The units shall meet the very-low-low-moderate-income split required by the Uniform Housing Affordability Controls and 13% of the required units shall be very-low income as defined by the Fair Housing Act (30% of the region's median income).

(2)

Affordable units shall be dispersed throughout the site and designed to be architecturally compatible with the market-rate units.

(3)

The affordable units shall have at least a thirty-year deed restriction. Any such affordable units shall comply with Uniform Housing Affordability Code, applicable COAH affordable housing regulations, the Fair Housing Act,[1] any applicable order of the Court, and other applicable laws.

[1]

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

(4)

The units shall meet the bedroom distribution required by the Uniform Housing Affordability Controls.

(5)

The developer/owner shall be responsible for retaining a qualified administrative agent, subject to the reasonable approval of the Township Council to oversee the sales/rentals of the affordable housing units, at the developer's sole cost and expense.

(6)

All necessary steps shall be taken to make the affordable units provided creditworthy pursuant to applicable law for purposes of addressing the Township's affordable housing obligation.

Parking.

(1)

Off-street parking shall be provided and designed in accordance with the residential site improvement standards and the Americans with Disabilities Act requirements.

(2)

Parking spaces shall measure nine feet wide by 18 feet long.

(3)

There shall be no parking of recreational vehicles, trailers, or boats.

(4)

Hairpin striping shall be utilized to delineate parking spaces in a parking lot.

Tract buffer.

(1)

Where the site adjoins single-family detached homes, a minimum twenty-foot-wide landscaped buffer shall be provided. Within this buffer area no existing tree shall be cut or removed unless the tree is diseased or dead or necessary for the installation of driveways, streets, or utilities.

(2)

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees, and shrubs to provide a natural looking buffer while providing a visual screen.

(3)

Buffer plantings shall be a mixed planting and shall include the following:

(a)

One shade tree for every 50 linear feet of buffer;

(b)

One evergreen tree for every 25 linear feet of buffer; and

(c)

Ten shrubs for every 50 linear feet of buffer.

(4)

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

(5)

Buffer plants shall be the following size at the time of planting:

(a)

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 feet in height, balled and burlapped.

(b)

Evergreen trees shall be planted at a minimum height of six to eight feet, balled and burlapped.

(c)

Shrubs shall be planted at a minimum of 24 inches in height. However, a minimum of 50% of the shrubs shall be taller than 24 inches at installation. 50% of shrubs shall be evergreen.

(d)

(e)

No more than 25% of the plantings shall be of the same species and/or variety of plant.

(f)

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

Signs. The following types of signs are permitted in the Residential Multi-Family 2 Overlay District:

(1)

Monument signs.

(a)

One sign per street frontage is permitted.

(b)

The maximum sign area, excluding the base, shall be 40 square feet per side.

(c)

The maximum sign height shall be six feet above grade.

(d)

Monument signs shall be set back a minimum of 10 feet from any property line and located outside of any sight triangles.

(e)

Monument signs may be externally illuminated.

(2)

Street address and building signs.

(a)

Street address or building signage is required on each building or individual unit.

(b)

Numbers on townhouses and stacked townhouses shall be a maximum of 1.5 feet in height.

(c)

Numbers or letters on the multifamily dwellings shall be a maximum of three feet in height.

Utilities. All utilities shall be underground.

Architectural standards.

(1)

Building facades visible from a public street shall consist of brick, stone, cast stone, cementitious plank siding or other high-quality material.

(2)

Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as balconies, canopies and recesses shall be used to add architectural interest and variety and to relieve the visual effect of a simple, long wall.

(3)

The maximum spacing between building wall offsets shall be 30 feet.

(4)

The minimum projection or depth of any individual vertical offset shall not be less than one and one-half feet.

(5)

Roofline offsets, which include dormers and gables, shall be provided to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The maximum spacing between roof offsets shall be 40 feet.

(6)

(7)

(8)

Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building. Windows shall be vertically proportioned.

(9)

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

(10)

(11)

All rooftop mechanical equipment shall be screened from view.

§ 95-53.9 Residential Multi-Family 3 Overlay District regulations.

[Added 12-12-2019 by Ord. No. 19-2019]

Uses. In the Residential Multi-Family 3 Overlay District, no lot shall be used, and no building shall be erected, altered or occupied for any purposes other than the following:

(1)

Permitted principal uses.

(a)

Multifamily dwellings.

(b)

Townhouse dwellings.

(c)

Stacked townhouse dwellings.

(d)

Parking on the first or ground level in combination with Subsection A(1)(a) through (c) above.

(e)

Public or private open space and recreation areas.

(2)

Permitted accessory uses.

(a)

Fences and walls, including retaining walls.

(b)

Off-street parking and garages incorporated into the building design.

(c)

Clubhouses.

(d)

Public or private recreational facilities, including, but not limited to, community pools, tennis courts, and playgrounds.

(e)

Lounge, mail room, and similar interior common residential amenities incorporated into a larger building design.

(f)

Trash enclosures and compactors.

(g)

Common or centralized mailboxes.

(h)

Public and private utilities.

Bulk standards.

(1)

Minimum lot size: 50 acres.

(2)

Minimum tract setback: 50 feet.

(3)

Minimum distance between buildings:

(a)

Front-to-front: 75 feet.

(b)

Side-to-side: 30 feet.

(c)

Rear-to-rear: 50 feet.

(d)

Other configuration: 40 feet.

(4)

Dimensional requirements:

(a)

Maximum townhouse and stacked townhome length: 160 feet.

(b)

Maximum multifamily building length: 200 feet.

(c)

Maximum number of units before vertical break: two units.

(d)

Minimum front of townhouse building to inside of sidewalk along a public or private street: 18 feet.

(e)

Minimum building to off-street parking spaces: 10 feet. This standard does not apply to a facade that contains garage doors.

(5)

Maximum building coverage: 50%.

(6)

Maximum impervious coverage: 65%.

(7)

Maximum density: 15 units to the acre.

(8)

Maximum building height: five stories and 58 feet, which is one story of parking with four residential floors above.

Affordable housing requirements.

(1)

The Residential Multi-Family 3 Overlay District shall have an obligation to deed-restrict 20% of the units built as affordable units regardless of tenure. The units shall meet the very-low-low-moderate-income split required by the Uniform Housing Affordability Controls and 13% of the required units shall be very-low-income as defined by the Fair Housing Act[1] (30% of the region's median income).

[1]

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

(2)

Affordable units shall be dispersed throughout the site and designed to be architecturally compatible with the market-rate units.

(3)

The affordable units shall have at least a thirty-year deed restriction. Any such affordable units shall comply with Uniform Housing Affordability Controls, applicable COAH affordable housing regulations, the Fair Housing Act, any applicable order of the Court, and other applicable laws.

(4)

The units shall meet the bedroom distribution required by the Uniform Housing Affordability Controls.

(5)

(6)

All necessary steps shall be taken to make the affordable units provided creditworthy pursuant to applicable law for purposes of addressing the Township's affordable housing obligation.

Parking.

(1)

Off-street parking shall be provided and designed in accordance with the residential site improvement standards and the Americans with Disabilities Act requirements.

(2)

Parking spaces shall measure nine feet wide by 18 feet long.

(3)

There shall be no parking of recreational vehicles, trailers, or boats.

(4)

Hairpin striping shall be utilized to delineate parking spaces in a parking lot.

Tract buffer.

(1)

(2)

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees, and shrubs to provide a natural-looking buffer while providing a visual screen.

(3)

Buffer plantings shall be a mixed planting and shall include the following:

(a)

One shade tree for every 50 linear feet of buffer;

(b)

One evergreen tree for every 25 linear feet of buffer; and

(c)

Ten shrubs for every 50 linear feet of buffer.

(4)

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

(5)

Buffer plants shall be the following size at the time of planting:

(a)

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 feet in height, balled and burlapped.

(b)

Evergreen trees shall be planted at a minimum height of six to eight feet, balled and burlapped.

(c)

Shrubs shall be planted at a minimum of 24 inches in height. However, a minimum of 50% of the shrubs shall be taller than 24 inches at installation. 50% of shrubs shall be evergreen.

(d)

(e)

No more than 25% of the plantings shall be of the same species and/or variety of plant.

(f)

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

Signs. The following types of signs are permitted in the Residential Multi-Family 2 Overlay District:

(1)

Monument signs.

(a)

One sign per street frontage is permitted.

(b)

The maximum sign area, excluding the base, shall be 40 square feet per side.

(c)

The maximum sign height shall be six feet above grade.

(d)

Monument signs shall be set back a minimum of 10 feet from any property line and located outside of any sight triangles.

(e)

Monument signs may be externally illuminated.

(2)

Street address and building signs.

(a)

Street address or building signage is required on each building or individual unit.

(b)

Numbers on townhouses and stacked townhouses shall be a maximum of 1.5 feet in height.

(c)

Numbers or letters on the multifamily dwellings shall be a maximum of three feet in height.

Utilities. All utilities shall be underground.

Architectural standards.

(1)

Building facades visible from a public street shall consist of brick, stone, cast stone, cementitious plank siding or other high-quality material.

(2)

Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as balconies, canopies and recesses shall be used to add architectural interest and variety and to relieve the visual effect of a simple, long wall.

(3)

The maximum spacing between building wall offsets shall be 30 feet.

(4)

The minimum projection or depth of any individual vertical offset shall not be less than one and one-half feet.

(5)

(6)

(7)

(8)

Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building. Windows shall be vertically proportioned.

(9)

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

(10)

(11)

All rooftop mechanical equipment shall be screened from view.

§ 95-53.10 RMF-4 Residential Multi-Family 4 Overlay District regulations.

[Added 3-2-2026 by Ord. No. 03-2026]

Uses. In the Residential Multi-Family 4 Overlay District, no lot shall be used, and no building shall be erected, altered, or occupied, for any purposes other than the following:

(1)

Permitted principal uses.

(a)

Mixed-use building consisting of multi-family dwellings and non-residential uses as permitted in Subsection A(1)(b) below. Multi-family dwellings on the upper floors, except that a residential lobby may be located on the ground floor. Non-residential uses shall be permitted on the first floor. Sites that exhibit a topographic change that result in a walk-out downhill level will have the uphill ground floor treated as a first floor and the downhill walk-out level treated as a first floor.

(b)

Uses permitted in the Business B-2 Zone as set forth in § 95-55A(1).

(2)

Permitted accessory uses.

(a)

Accessory uses permitted in the Business B-2 Zone as set forth in § 95-55A(3).

(b)

Fences and walls, including retaining walls.

(c)

Lounge, fitness center, mail room, and similar common residential amenities incorporated into a larger building design.

(d)

Trash and recycling facilities, which may be located on the site or within the building.

(e)

Public and private utilities.

(3)

Bulk standards.

(a)

Minimum lot area: 30,000 square feet.

(b)

Minimum lot frontage: 100 feet.

(c)

Minimum front yard setback: 40 feet.

(d)

Minimum side yard setback (one): five feet.

(e)

Minimum side yard setback (total): 25 feet.

(f)

Minimum rear yard setback: 30 feet.

(g)

Maximum building height: three stories and 38 feet. Roof-mounted equipment, elevator shafts, and parapet walls may project up to five feet above the maximum building height.

(h)

Maximum building coverage: 50%.

(i)

Maximum impervious coverage: 80%.

(j)

Maximum density: 16 units per acre.

(4)

Affordable housing requirements.

(a)

A minimum of 20% of all units shall be set aside for low-(including very-low-and moderate-income) income households, regardless of tenure, for all new multi-family residential developments of five units or more.

(b)

Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Article XII, Affordable Housing Regulations, of this chapter.

(c)

The development, unit distribution, income distribution, and marketing of all affordable units shall be undertaken consistent with Article XII, Affordable Housing Regulations, of this chapter, and all other applicable law, rules, and regulations, including applicable COAH regulations, the Fair Housing Act,[1] and the Uniform Housing Affordability Controls[2] in effect at the time of application.

[1]

Editor’s Note: See N.J.S.A. 52:27D-301 et seq.

[2]

Editor’s Note: See N.J.A.C. 5:80-26.1 et seq.

(d)

The developer shall be responsible for all costs as permitted by law associated with the initial rental and/or sale of the affordable units, and for the continuing administration of the affordable units and the preservation of the creditworthiness of the units.

(e)

All necessary steps shall be taken to make the affordable units provided creditworthy pursuant to applicable law for purposes of addressing the Township's affordable housing obligation.

(5)

Parking.

(a)

Off-street parking for residential uses shall be provided and designed in accordance with the Residential Site Improvement Standards (RSIS),[3] except that the specified required parking spaces shall be minimums.

[3]

Editor’s Note: See N.J.A.C. 5:21-1.1 et seq.

(b)

Parking for non-residential uses shall comply with § 95-54C(2), except for retail uses, which shall provide one parking space per 300 square feet of floor area. However, if an applicant can demonstrate to the Board's satisfaction that the proposed development can share parking spaces because of the mixture of uses, the total required parking (residential plus non-residential) may be reduced by up to 20%.

(c)

Parking spaces shall measure no less than nine feet wide by 18 feet long.

(d)

Hairpin striping shall be utilized to delineate parking spaces in a parking lot.

(6)

Architectural standards.

(a)

Building facades visible from a public street shall consist of brick, stone, cast stone, cementitious plank siding or other high-quality material.

(b)

Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as balconies, canopies and recesses, shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall.

(c)

The maximum spacing between building wall offsets shall be 40 feet.

(d)

The minimum projection or depth of any individual vertical offset shall be six inches.

(e)

(f)

Flat roofs are permitted, but shall include parapets to screen any roof-mounted equipment.

(g)

Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building. Windows shall be vertically proportioned.

(h)

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

(i)

(j)

All rooftop mechanical equipment shall be screened from view.

(k)

Packaged terminal air-conditioner units within the facade shall blend in with the color of the surrounding facade materials.

(7)

Signs.

(a)

Signs for non-residential uses shall be permitted subject to the requirements of § 95-118.

(b)

Multi-family residential uses shall be permitted to have one wall sign no greater than 10 square feet to identify the development.

(c)

All signs shall comply with the requirements of Article XI, Signs.

(8)

Trash.

(a)

Exterior trash enclosures shall not be visible from any public street and shall be located to the rear or side of the building.

(b)

All trash enclosures shall be screened by a six-foot-tall solid fence or solid decorative masonry wall on three sides and heavy-duty gate closures on the fourth side.

(c)

The trash enclosure and/or compactor shall be surrounded and screened on three sides by a mixture of deciduous and evergreen plant species.

§ 95-53.11 RMF-5 Residential Multi-Family 5 Overlay District regulations.

[Added 3-2-2026 by Ord. No. 02-2026]

Uses. In the Residential Multi-Family 5 Overlay District, no lot shall be used, and no building shall be erected, altered, or occupied, for any purposes other than the following:

(1)

Permitted principal uses.

(a)

Multifamily dwellings.

(b)

Townhouse dwellings.

(c)

Stacked townhouse dwellings.

(d)

Public or private open space and recreation areas.

(2)

Permitted accessory uses.

(a)

Fences and walls, including retaining walls.

(b)

Off-street parking and garages incorporated into the building design.

(c)

Clubhouses.

(d)

Public or private recreational facilities, including, but not limited to, community pools, tennis courts, and playgrounds.

(e)

Lounge, mail room, and similar interior common residential amenities incorporated into a larger building design.

(f)

Trash enclosures and compactors.

(g)

Common or centralized mailboxes.

(h)

Public and private utilities.

Bulk standards.

(1)

Minimum lot size: eight acres.

(2)

Minimum tract setback:

(a)

Front yard setback (Eagle Rock Avenue): 50 feet.

(b)

Side yard setback (each): 50 feet.

(c)

Rear yard setback: 40 feet.

(3)

Minimum distance between buildings:

(a)

Front-to-front: 75 feet.

(b)

Side-to-side: 30 feet.

(c)

Rear-to-rear: 50 feet.

(d)

Other configuration: 40 feet.

(4)

Dimensional requirements:

(a)

Maximum townhouse and stacked townhome length: 160 feet.

(b)

Maximum multifamily building length: 200 feet.

(c)

Maximum number of units before vertical break: two units.

(d)

Minimum front of townhome building to inside of sidewalk along a public or private street: 18 feet.

(e)

Minimum building to off-street parking spaces: 10 feet. (This standard does not apply to a facade that contains garage doors.)

(5)

Maximum building coverage: 50%.

(6)

Maximum impervious coverage: 65%.

(7)

Maximum density: 16 units to the acre.

(8)

Affordable housing requirements.

(1)

(2)

Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Article XII, Affordable Housing Regulations, of this chapter.

(3)

The development, unit distribution, income distribution, bedroom distribution, phasing, and marketing of all affordable units shall be undertaken consistent with Article XII, Affordable Housing Regulations, of this chapter, and all other applicable law, rules, and regulations, including applicable COAH regulations, the Fair Housing Act,[1] and the Uniform Housing Affordability Controls[2] in effect at the time of application.

[1]

Editor’s Note: See N.J.S.A. 52:27D-301 et seq.

[2]

Editor’s Note: See N.J.A.C. 5:80-26.1 et seq.

(4)

Affordable units shall comply with the Uniform Housing Affordability Controls in effect at the time of application.

(5)

(6)

All necessary steps shall be taken to make the affordable units provided creditworthy pursuant to applicable law for purposes of addressing the Township's affordable housing obligation.

Parking.

(1)

Off-street parking shall be provided and designed in accordance with the Residential Site Improvement Standards,[3] except that the specified required parking spaces shall be minimums.

[3]

Editor’s Note: See N.J.A.C. 5:21-1.1 et seq.

(2)

Parking spaces shall measure no less than nine feet wide by 18 feet long.

(3)

There shall be no parking of recreational vehicles, trailers, or boats.

(4)

Hairpin striping shall be utilized to delineate parking spaces in a parking lot.

Tract buffer.

(1)

Where the site adjoins single-family detached homes, a minimum 20-foot-wide landscaped buffer shall be provided. Within this buffer area no existing tree shall be cut or removed unless the tree is diseased or dead or necessary for the installation of driveways, streets, or utilities.

(2)

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees, and shrubs to provide a natural-looking buffer while providing a visual screen.

(3)

Buffer plantings shall be a mixed planting and shall include the following:

(a)

One shade tree for every 50 linear feet of buffer;

(b)

One evergreen tree for every 25 linear feet of buffer; and

(c)

Ten shrubs for every 50 linear feet of buffer.

(4)

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

(5)

Buffer plants shall be the following size at the time of planting:

(a)

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 feet in height, balled and burlapped.

(b)

Evergreen trees shall be planted at a minimum height of six to eight feet, balled and burlapped.

(c)

Shrubs shall be planted at a minimum of 24 inches in height. However, a minimum of 50% of the shrubs shall be taller than 24 inches at installation. 50% of shrubs shall be evergreen.

(d)

(e)

No more than 25% of the plantings shall be of the same species and/or variety of plant.

(f)

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

Signs. The following types of signs are permitted in the Residential Multi-Family 5 Overlay District:

(1)

Monument signs.

(a)

One sign per street frontage is permitted.

(b)

The maximum sign area, excluding the base, shall be 40 square feet per side.

(c)

The maximum sign height shall be six feet above grade.

(d)

Monument signs shall be set back a minimum of 10 feet from any property line and located outside of any sight triangles.

(e)

Monument signs may be externally illuminated.

(2)

Street address and building signs.

(a)

Street address or building signage is required on each building or individual unit.

(b)

Numbers on townhouses and stacked townhouses shall be a maximum of 1.5 feet in height.

(c)

Numbers or letters on the multifamily dwellings shall be a maximum of three feet in height.

Utilities. All utilities shall be underground.

Architectural standards.

(1)

Building facades visible from a public street shall consist of brick, stone, cast stone, cementitious plank siding or other high-quality material.

(2)

(3)

The maximum spacing between building wall offsets shall be 30 feet.

(4)

The minimum projection or depth of any individual vertical offset shall not be less than 1|1/2 feet.

(5)

(6)

(7)

(8)

Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building. Windows shall be vertically proportioned.

(9)

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

(10)

(11)

All rooftop mechanical equipment shall be screened from view.

§ 95-54 Business B-1 Zone regulations.

[Amended 8-17-1982 by Ord. No. 24-1982; 3-3-1988 by Ord. No. 7-88; 3-20-1997 by Ord. No. 6-1997; 11-4-2015 by Ord. No. 13-2015; 10-2-2017 by Ord. No. 13-2017; 12-10-2018 by Ord. No. 18-2018; 12-12-2019 by Ord. No. 16-2019; 12-7-2020 by Ord. No. 9-2020; 12-2-2024 by Ord. No. 21-2024; 11-3-2025 by Ord. No. 27-2025]

Uses. In the Business B-1 Zone, no lot shall be used and no building shall be erected, altered or occupied for any purpose other than the following:

(1)

Permitted uses.

(a)

Same as specified for Residence R.15 Zone and subject to all requirements of that zone.

(b)

Stores, shops and markets where goods are sold at retail or where personal services are rendered; provided that:

[1]

All goods or products fabricated or processed incidental to such use shall be sold at retail on the premises.

[2]

Such fabricating or processing done on the premises shall be done by not more than three persons so employed at any one time.

[3]

Such fabricating or processing shall be confined to the first floor and basement of the premises, and no supplies, materials or goods shall be stored or displayed for retail sale or rental outdoors.

(c)

Business and professional offices, banks and fiduciary institutions.

(d)

Parking lot for private passenger vehicles and business-related commercial vehicles not exceeding two tons, but not for the storage of used or new motor vehicles for sale or hire unless incidental to the operation conducted on the premises.

(e)

Restaurants, eatery restaurants and take-out restaurants.

(f)

Funeral homes.

(g)

Theater, bowling alley and other similar commercial recreation, provided their activity is carried on entirely within a building.

(h)

Automobile salesrooms, provided no used or new motor vehicles are stored within the front yard area.

(i)

Uses similar to those listed above.

(j)

Instructional uses.

(k)

Permanent cosmetics.

(2)

Permitted accessory uses: exceptions and limitations.

(a)

Accessory uses incidental to the permitted uses.

(b)

Signs as permitted in § 95-100 et seq.

Prohibited uses. Although it should be understood that any use which is not specifically permitted in Subsection A of this section is thereby prohibited, the following uses and activities are specifically prohibited in the Business B-1 Zone:

(1)

Drive-in theater.

(2)

Motel, cabin, trailer court, tourist home and hotel.

(3)

Billiard room.

(4)

Used car lot or trailer sales unless accessory to the sale or leasing of new vehicles actually conducted on the same lot.

(5)

Automobile laundry or car-wash establishment.

(6)

Coin-operated dispensers, including mechanical and automatic machines in which a product is returned, except when located in a principal building.

(7)

Commercial public auctions, whether open or closed.

(8)

Retail use in excess of 35,000 square feet of gross floor area.

(9)

Any establishment engaged in the sale of goods or materials or storing, displaying or selling goods or materials where forklifts are utilized in areas open to the public, when open to the public, to move merchandise and/or load or unload a customer vehicle.

(10)

Restaurants, eatery restaurants, and take-out restaurants with a drive-through.

Other provisions and requirements.

(1)

Area requirements.

(a)

As specified in the schedule, § 95-45.

(b)

One side yard and rear yard required adjacent to a residence zone equal to the larger of the two sides and equal to the rear yard requirements in such adjacent residential zone.

(c)

The minimum side yard requirements may be waived in locations where the adjoining property is in a business zone, provided that all other requirements with respect to parking, servicing and access as specified in this article are provided. The waiving of the side yard requirements shall be subject to the approval of the Planning Board.

(2)

Off-street parking space. The "floor area" as used herein is that area used or intended to be used for service to the public as customers, patrons, clients, patients or tenants, including areas occupied by fixtures and equipment and used for the display or sale of merchandise, but not including storage area. One space shall be required for each two employees or operators, plus:

(a)

Retail stores: one space for each 300 square feet of floor area or portion thereof.

(b)

Business, professional offices and banks: one space for each 400 square feet of floor area.

(c)

Restaurants and eatery restaurants: one space for every two seats/stools, plus one space for every two linear feet of bar or counter space where patrons may eat/drink while standing. One space for each two employees shall not be required for restaurants and eatery restaurants.

(d)

Funeral home: one space for each car used in connection with the business, plus one space for each 40 square feet of assembly room floor area.

(e)

Theater or similar commercial recreation and so forth: one space for each five seats provided for its patrons (based on maximum seating capacity).

(f)

Bowling alley: four spaces for each alley.

(g)

Public utility installation: one space for each two employees.

(h)

Instructional uses: one space for each 120 square feet of public area for uses with less than 5,000 square feet of public area. For uses with 5,000 or more square feet of public area, the parking requirement shall be determined based on the peak number of students and employees.

(i)

Take-out restaurants: four spaces.

(3)

All parking spaces provided for business uses in this section may be located on a lot within 300 feet of the premises of the building they are intended to serve, but only if it is determined by the appropriate municipal board that it is impractical to provide the required parking spaces on the same lot as the building they are intended to serve.

(4)

Nothing in this article shall be construed to prevent collective provision of off-street parking facilities by two or more buildings or uses located on adjacent lots, provided that the off-street parking facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the standards contained in this section, and further provided that the land is owned by one or more of the collective users.

(5)

If more than one user collectively meets the off-street parking requirements of this article, all users shall specify the parking requirements being furnished by each at the time of site plan approval. Said site plan resolution shall provide as a condition that all subsequent owners or users of the premises shall be bound by the parking facilities collectively provided and agreed to by the original users.

(6)

Off-street loading and unloading area shall be provided in sufficient amount to permit the transfer of goods and products in an area other than on the public streets.

No use permitted within the B-1 Zone shall operate except during the hours of 7:00 a.m. to 11:00 p.m.

Conditional uses. The following uses are permitted only upon a showing that the use will comply with the conditions and standards as contained herein:

(1)

House of worship, subject to the following conditions:

(a)

The minimum lot size shall be one acre.

(b)

The minimum lot frontage shall be 100 feet.

(c)

The maximum building coverage shall be 40%.

(d)

The maximum lot coverage shall be 70%.

(e)

The remainder of the B-1 Zone bulk standards shall apply.

(f)

Parking shall be provided as stipulated in § 95-47A(9)(c).

(g)

Accessory uses shall be as stipulated in § 95-47A(9)(b).

(2)

Multifamily mixed-use development, subject to the following conditions:

(a)

The parcel shall have frontage on Ridgedale Avenue or Eagle Rock Avenue.

(b)

The minimum lot size shall be 30,000 square feet.

(c)

The maximum residential density shall be 15 units per acre.

(d)

The maximum building height shall be three stories and 38 feet.

(e)

The first floor shall contain permitted B-1 Zone principal uses as stipulated in § 95-54A(1).

(f)

The second and third floor may contain multifamily dwellings.

(g)

Parking shall be provided for the residential units in accordance with residential site improvement standards. All required parking shall be provided on site.

(h)

A minimum of 15% of the residential units shall be reserved for affordable households if the affordable units are rental. A minimum of 20% of the residential units shall be reserved for affordable households if the affordable units are for sale. If the required number of affordable units results in a fraction of 0.5 or greater, the developer shall round up and provide the additional unit. Developments that result in an affordable housing fraction of 0.4 or less shall pay a payment-in-lieu fee for the fraction or round up and provide the additional affordable unit.

(i)

All affordable units shall be deed-restricted for a minimum of 30 years and comply with the Fair Housing Act,[1] the Uniform Housing Affordability Controls, and provide a 13% very-low-income set-aside. The developer shall be responsible for paying the fees for a qualified administrative agent.

[1]

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

(j)

The following standards are required, but any deviations shall be treated as "c" bulk variances:

[1]

Minimum lot frontage, minimum side and rear yards, minimum usable floor area, and minimum cubic content of principal building shall comply with § 95-45.

[2]

The minimum front yard shall be 10 feet.

[3]

The maximum total building coverage shall be 50%.

[4]

The maximum percentage of impervious surface shall be 80% of lot area.

[5]

Where the property abuts an existing single- or two-family home, a solid screen comprised of either a six-foot-tall fence or evergreen shrubs six feet in height shall be installed.

[6]

Parking for nonresidential uses shall comply with § 95-54C(2). However, if an applicant can demonstrate to the Board's satisfaction that the proposed development can share parking spaces because of the mixture of uses, the total required parking (residential plus nonresidential) may be reduced by up to 20%.

[7]

Parking spaces shall be nine feet wide by 18 feet long.

§ 95-55 Business B-2 Zone regulations.

Uses. In the Business B-2 Zone, no lot shall be used and no building shall be erected, altered or occupied for any purpose other than the following:

(1)

Permitted uses.

(a)

Business uses as permitted in the Business B-1 Zone, including those uses in excess of 35,000 square feet of gross floor area.

[Amended 3-20-1997 by Ord. No. 6-1997]

(b)

Business uses serving highway traffic, such as automobile repair garages and designed shopping centers and business offices.

(c)

Commercial greenhouses and nurseries.

(d)

Restricted industrial uses as follows:

[1]

Automated and nonautomated wholesale, warehouse storage and distribution facilities, and wholesale distribution centers, provided such activities and inventories are conducted entirely within an enclosed structure.

[Amended 12-6-2021 by Ord. No. 14-2021]

[2]

The finishing or assembling of articles made from previously prepared or refined materials.

[3]

The preparation and fabrication of metals and metal products and chemicals and chemical products.

[4]

Research activities, including laboratories and structures and facilities used in connection therewith and the testing, sale or lease of articles designed and produced in such laboratories. Such uses and other similar uses shall be permitted, provided that they meet the requirements outlined in § 95-56B.

(e)

Hotels or motor inns, with appurtenant restaurants, meeting rooms, and recreational facilities such as swimming pools, under the following restrictions:

[1]

Minimum site area: three acres.

[2]

Minimum frontage at the street line: 200 feet.

[3]

Maximum height: the greater of two stories or 35 feet.

[4]

Minimum height of section of building used for bedrooms: two stories.

[5]

Maximum percentage of lot to be occupied by buildings, excluding parking areas: 30%.

[6]

Minimum front yard setbacks: 75 feet. Setbacks apply to all buildings, excluding parking areas, on the site.

[7]

Minimum off-street parking: one space per bedroom; for restaurant facilities: one parking space per two seats over 20 seats, the first 20 seats not requiring any parking spaces; for meeting room facilities: one parking space per five seats; for employees: one space per two employees.

(f)

Instructional uses.

[Added 11-4-2015 by Ord. No. 13-2015]

(g)

Houses of worship.

[Added 12-10-2018 by Ord. No. 18-2018]

(h)

Fast-food restaurants.

[Added 12-7-2020 by Ord. No. 9-2020]

(i)

Banquet halls.

[Added 12-7-2020 by Ord. No. 9-2020]

(j)

Permanent cosmetics.

[Added 12-2-2024 by Ord. No. 21-2024]

(2)

On all property lines except the street line, a strip of property no less than 10 feet in width shall be utilized as a buffer area in accordance with specifications set forth in § 95-37B(5) unless waived by the appropriate municipal board at the time of site plan application.

[Amended 8-17-1982 by Ord. No. 24-1982]

(3)

Permitted accessory uses: exceptions and limitations.

(a)

Accessory uses incidental to the permitted uses.

(b)

Signs as permitted in § 95-100 et seq.

[Amended 10-2-2017 by Ord. No. 13-2017]

(c)

Accessory uses to houses of worship as stipulated in § 95-47A(9)(b).

[Added 12-10-2018 by Ord. No. 18-2018]

(1)

Same as specified for the Business B-1 Zone in § 95-54B.

(2)

Residential dwelling units, excluding motels.

(3)

Industrial uses which do not meet the requirements of § 95-56.

(4)

[Added 3-20-1997 by Ord. No. 6-1997]

Other provisions and requirements.

(1)

Area requirements.

(a)

As specified in the schedule, § 95-45.

(b)

One side yard and rear yard required adjacent to a residential zone equal to the larger of the two sides and equal to the rear yard requirements in such adjacent residential zone.

(2)

Off-street parking. Off-street parking spaces shall be provided on the same lot as the use which they are intended to serve and shall be located in other than the required front yard area or the required side yard area on the street side in the case of corner lots. Such parking area shall not be located closer than 50 feet to a residential zone, unless this requirement is waived by the appropriate municipal board in cases where a buffer strip as required by such board is provided and maintained. The following standards shall govern the provisions of such parking space. For uses other than those listed, the number of off-street parking spaces required is the number of spaces required for the use which most nearly approximates the proposed use.

[Amended 11-21-2005 by Ord. No. 32-2005]

(a)

Retail and shopping center retail uses. One space for each 300 square feet or part thereof of total floor area for buildings up to and including 24,000 square feet. For all others, one space per 200 square feet or part thereof of total floor area.

(b)

Retail furniture and major appliances exclusively. One space for each 500 square feet or part thereof of total floor area.

(c)

Retail financial institutions and office buildings. One space for each 300 square feet or part thereof of total floor area.

(d)

Restaurants, eatery restaurants, and fast-food restaurants. One space for every two seats/stools, plus one space for every two linear feet of bar or counter space where patrons may eat/drink while standing.

[Amended 12-7-2020 by Ord. No. 9-2020]

(e)

Take-out restaurants. One parking space for every two employees on the maximum shift, plus four spaces.

[Amended 12-7-2020 by Ord. No. 9-2020]

(f)

Gasoline station. The greater of three spaces or one space for each pump island plus four spaces for the first repair bay and three spaces for each additional bay plus one additional space for each 150 feet or part thereof of total floor area devoted to selling food, beverages, sundries or other nonautomotive merchandise.

(g)

Motor vehicle repair garage. Four spaces for the first repair bay and three spaces for each additional bay.

(h)

Automobile sales. One space for each 500 square feet or part thereof of total floor area excluding the service area plus the parking required for a repair facility if service is provided on site.

(i)

Industrial uses. Three spaces for each 1,000 square feet or part thereof of total floor area.

(j)

Instructional uses. One space for each 120 square feet of public area for uses with less than 5,000 square feet of public area. For uses with 5,000 or more square feet of public area, the parking requirement shall be determined based on the peak number of students and employees.

[Added 11-4-2015 by Ord. No. 13-2015]

(k)

Houses of worship. See § 95-47A(9)(c).

[Added 12-10-2018 by Ord. No. 18-2018]

(l)

Banquet halls: one space for every two persons permitted under the Fire Code's maximum occupancy for each rentable space, not including accessory rooms.

[Added 12-7-2020 by Ord. No. 9-2020]

(3)

Loading facilities. Where goods, merchandise, materials or equipment are delivered to, shipped from or loaded at a use, an off-street loading area must be planned and provided in accordance with the following provisions to safely accommodate delivery, shipment or loading operations:

[Added 3-20-1997 by Ord. No. 6-1997]

(a)

An off-street loading and unloading area shall be provided in sufficient amount to permit the transfer of goods and products in an area other than in the public streets. This off-street loading and unloading area is specifically not to be included in calculation of required parking.

(b)

(c)

The site plan application shall identify the number and types of vehicles, including but not limited to flatbed trucks, tractor-trailer trucks, tank trucks and pickup trucks, that shall be loaded or unloaded, the duration of the loading or unloading operations and the maximum number of vehicles by type expected to be loading or unloading at a loading or unloading area at one time.

(d)

The site plan shall clearly identify each and every area where loading and unloading operations will take place and each location where a forklift vehicle will enter or exit a building to assist in loading or unloading operations.

(4)

(Reserved)[1]

[1]

Editor's Note: Former Subsection C(4), pertaining to premises with merchandise stored above floor level, which was added 3-20-1997 by Ord. No. 6-1997, was repealed 11-21-2005 by Ord. No. 32-2005.

(5)

Maximum percentage of impervious surface shall be 70% of lot area.

[Added 3-20-1997 by Ord. No. 6-1997]

(6)

Establishments having a gross floor area in excess of 35,000 square feet, shall not equal, in the aggregate, more than 33% of the total gross floor area of the entire shopping center.

[Added 3-20-1997 by Ord. No. 6-1997]

Conditional uses. The following uses are permitted only upon a showing that the use will comply with the conditions and standards as contained herein:

[Added 12-12-2019 by Ord. No. 16-2019]

(1)

Multifamily mixed-use development, subject to the following conditions:

(a)

The parcel shall have frontage on Eagle Rock Avenue.

(b)

The minimum lot size shall be 30,000 square feet.

(c)

The maximum residential density shall be 15 units per acre.

(d)

The maximum building height shall be three stories and 38 feet.

(e)

The first floor shall contain permitted B-2 Zone principal uses as stipulated in § 95-55A(1).

(f)

The second and third floor may contain multifamily dwellings.

(g)

Parking shall be provided for the residential units in accordance with Residential Site Improvement Standards. All required parking shall be provided on site.

(h)

(i)

All affordable units shall be deed-restricted for a minimum of 30 years and comply with the Fair Housing Act,[2] the Uniform Housing Affordability Controls, and provide a 13% very-low-income set-aside. The developer shall be responsible for paying the fees for a qualified administrative agent.

[2]

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

(j)

The following standards are required, but any deviations shall be treated as "c" bulk variances:

[1]

Minimum lot frontage, minimum side and rear yards, minimum usable floor area, and minimum cubic content of principal building shall comply with § 95-45.

[2]

The minimum front yard shall be 10 feet.

[3]

The maximum total building coverage shall be 50%.

[4]

The maximum percentage of impervious surface shall be 80% of lot area.

[5]

Where the property abuts an existing single- or two-family home, a solid screen comprised of either a six-foot-tall fence or evergreen shrubs six feet in height shall be installed.

[6]

[7]

Parking spaces shall be nine feet wide by 18 feet long.

§ 95-55.1 Highway Business B-2B Zone regulations.

[Added 12-3-1992 by Ord. No. 23-1992]

The Highway Business B-2B Zone is hereby established.

Uses. In the Highway Business B-2B Zone, no lot shall be used and no building shall be erected, altered or occupied for any purpose other than the following:

(1)

Permitted uses:

(a)

[Amended 12-6-2021 by Ord. No. 14-2021]

(b)

The finishing or assembling of articles made from previously prepared or refined materials.

(c)

The preparation and fabrication of metals and metal products or chemicals and chemical products.

(d)

Research activities, including laboratories and structures and facilities used in connection therewith and the testing, sale or lease of articles designed and produced in such laboratories.

(e)

Houses of worship.

[Added 12-10-2018 by Ord. No. 18-2018]

(f)

Restaurants, eatery restaurants, fast-food restaurants, and take-out restaurants.

[Added 12-7-2020 by Ord. No. 9-2020]

(2)

Permitted accessory uses:

(a)

Signs as permitted in § 95-100 et seq.

[Amended 10-2-2017 by Ord. No. 13-2017]

(b)

Such other uses as are clearly accessory to the principal structure and use.

(c)

Accessory uses to houses of worship as stipulated in § 95-47A(9)(b).

[Added 12-10-2018 by Ord. No. 18-2018]

(3)

Prohibited uses. Although it should be understood that any use which is not specifically permitted in Subsection B(1) of this section is hereby prohibited, the following uses and activities are specifically prohibited:

(a)

The same as specified for the Business B-2 Zone in § 95-55B.

(b)

Residential dwelling units.

(c)

Sand, clay or gravel mining or other extractive processes and the commercial stripping of topsoil.

(d)

Junkyards and automobile wrecking or disassembly yards.

(e)

Tar plants, asphalt manufacturing or refining plants and concrete or bituminous concrete processing plants.

(f)

[Added 3-20-1997 by Ord. No. 6-1997]

(4)

Conditional uses. The following uses are permitted only upon a showing that the use will comply with conditions and standards as contained herein:

(a)

Conditional uses shall be as follows:

[1]

Stores, shops and markets and other retail facilities (including the warehousing of goods to be sold thereon at retail) where goods are sold at retail or where personal services are rendered, provided that all goods or products fabricated or processed incidental to such use shall be sold at retail on the premises.

[2]

Business and professional offices, banks and fiduciary institutions.

[3]

Restaurants.

[4]

Mortuary or funeral homes.

[5]

Theater, bowling alley and other similar commercial recreation, provided that their activity is carried on entirely within a building.

[6]

Retail stack storage facilities and discount warehouse club facilities.

[Added 3-20-1997 by Ord. No. 6-1997]

(b)

Conditions.

[1]

If any application for development of the site adversely affects any streets or intersections in proximity to the area directly and substantially affected by the application for development, the applicant shall pay his pro rata share of the cost of providing reasonable and necessary street improvements to ameliorate such adverse condition, including but not limited to providing appropriate turnarounds, road intersections and safe levels of ingress and egress to and from the site and adjacent roads.

[2]

If any application for development of a site significantly increases the ingress and egress of traffic to or from a site, the Board may require the developer to provide and pay for the construction of on-site turnarounds, jughandles and ramps to safely and satisfactorily accommodate the traffic into, out of and along the site. Said turnarounds, jughandles, ramps and intersections, if constructed, shall be deeded to the state, county or local agency having jurisdiction, provided that said agency agrees to accept the same.

[3]

The board having jurisdiction over any application for development shall take into consideration environmental factors, including the development's effect upon drainage, wetlands, noise, liquid and/or solid waste generation, water supply requirements, glare, fire and explosion potentials, air emissions and buffering considerations. The board having jurisdiction shall require the applicant to take such action and/or measures to comply with federal, state and/or local regulations and standards for all such factors.

[4]

The Schedule of Area Requirements[1] as specified for the B-2 Zone shall apply to all applications for development in the B-2B Zone except that the minimum lot size in the B-2B Zone shall be 87,000 square feet.

[1]

Editor's Note: The Schedule of Area Requirements is included at the end of Article VII.

Other provisions.

(1)

Off-street parking shall be as stipulated under § 95-55C(2) and for houses of worship as stipulated under § 95-47A(9)(c).

[Amended 12-10-2018 by Ord. No. 18-2018]

(2)

Loading facilities shall be as specified in § 95-55C(3)(a), (b), (c) and (d).

[Amended 3-20-1997 by Ord. No. 6-1997]

(3)

Parking shall be as specified in § 95-55C(4).

[Added 3-20-1997 by Ord. No. 6-1997]

(4)

Maximum percentage of impervious surface for all permitted and conditional uses shall be as set forth in the requirements for the B-2 Zone.

[Added 3-20-1997 by Ord. No. 6-1997]

(5)

Shopping centers shall adhere to the dimensional standards of the B-2 Zone as set forth in § 95-55C(6) as set forth herein.

[Added 3-20-1997 by Ord. No. 6-1997]

§ 95-56 Research Laboratory and Office R-L Zone regulations.

Uses. In the Research Laboratory and Office R-L Zone, no lot shall be used and no building shall be erected, altered or occupied for any purpose other than the following:

(1)

Permitted uses.

(a)

Offices for executive or administrative purposes.

(b)

Limited manufacturing or processing and scientific or research laboratories.

(c)

Agriculture.

(1)

Residential construction or conversion.

(2)

Mink or fox farms.

(3)

Piggeries.

(4)

Commercial incineration.

(5)

Junkyards.

(6)

Rubbish, garbage or trash dumps.

(7)

Retail sales or service unless an accessory use and unless an integral part of the principal building, provided such sales or service is restricted to the convenience of the employees and visitors of the permitted principal building.

(8)

Any use which will in any manner create any dangerous, injurious, noxious or other objectionable or hazardous condition.

(9)

Any objectionable use by reason of fire, explosion, radioactivity, noise, vibration, smoke, dust, odor or other form of air pollution.

(10)

Any use which creates excessive heat, cold, dampness, excessive movement of air, glare, electrical disturbances or liquid or solid wastes.

Other provisions and requirements.

(1)

Area requirements.

(a)

As specified in the schedule, § 95-45.

(2)

Parking. Not more than 10% of the required parking area shall be permitted in the front yard. Parking is permitted in the side and rear yards. No off-street parking area shall be closer than 50 feet to any property line nor 75 feet to any street right-of-way line.

(3)

Landscaping. Those portions of all front, rear and side yards which are not used for off-street parking shall be attractively planted with trees, shrubs, plants and grass lawns as required by the appropriate municipal board and in accordance with § 95-47A(4), (5) and (6). Special planting or a fence shall be provided along the side and rear property lines as required by the appropriate municipal board so that the parking area is not visible from the abutting residential properties and in accordance with § 95-47A(4), (5) and (6).

(4)

Storage. All materials and equipment shall be stored in completely enclosed buildings or shall be otherwise screened by such walls, fences and landscaping as may be determined by the appropriate municipal board to be adequate to screen such materials and equipment from the abutting residential properties in accordance with § 95-47A(4), (5) and (6).

(5)

Permits and operations.

(a)

An application for any building permit or certificate of occupancy in the Research Laboratory and Office R-L Zone shall be submitted to the Construction Official in triplicate. The applicant shall also submit in triplicate all plans of the proposed construction and development, including a general description of the proposed machinery operation and products as well as an affidavit by the applicant acknowledging his understanding of the applicable performance standards and agreement to conform to same at all times.

(b)

The Construction Official shall investigate any alleged violation of the performance standards, and if there are reasonable grounds to believe that a violation exists, shall notify the Township Committee. The Township Committee shall investigate the alleged violation and for such investigation may employ qualified experts. If the experts find such a violation exists, the Construction Official shall revoke the certificate of occupancy and same shall not be reinstated until such time as the violation is remedied to the satisfaction of the Township Committee.

(6)

Performance standards. Before the issuance of any building or occupancy permit for any use in the Research Laboratory R-L Zone, all of the following regulations must be complied with:

(a)

Fire and explosion hazards. All activities shall be carried on only in buildings classified as fireproof by the Uniform Construction Code as adopted by the Township, and the operation shall be carried on in such a manner and with such precaution against fire and explosion hazards as to produce no explosion hazard as determined by the Middle Department Association of Fire Underwriters to a use on an adjacent property. Further, all activities shall conform to all requirements set forth in the Fire Prevention Code of the Township.[1] Every factory or manufacturing building or other buildings permitted shall be equipped with automatic sprinklers or other automatic fire extinguishers if required and as approved by the Construction Official and the Chief of the Fire Department as being sufficient in view of the nature and extent of the fire risk.

[1]

Editor's Note: See Ch. 85, Fire Prevention.

(b)

Smoke. There shall be no emission at any point, from any chimney or otherwise, of visible gray smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines (Powers Micro-Ringelmann Chart, McGraw-Hill Publishing Company, 1954, may be used), except that visible gray smoke of a shade not darker than No. 2 on said chart may be emitted for not more than four minutes in any 30 minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an equivalent apparent opacity.

(c)

Liquid or solid waste. No operations shall discharge waste of any kind into any reservoir, pond or lake. The discharge of untreated waste into a stream is prohibited. All methods of sewage and waste treatment and disposal shall be approved by the Township and State Department of Health. Effluent from a treatment plant shall at all times comply with the following standards:

[1]

Maximum five-day biochemical oxygen demand: five parts per million.

[2]

Maximum quantity of effluent: 10% of minimum daily stream flow.

[3]

Maximum five-day biochemical oxygen demand after dilution (BOD of effluent multiplied by quantity of effluent divided by quantity of stream flow): 0.25 parts per million.

[4]

Maximum total solids: 5,000 parts per million.

[5]

Maximum phenol: 0.01 parts per million.

No effluent shall contain any other acids, oils, dust, toxic metals, corrosives or other toxic substances in solution or suspension which would create odors, discolor, poison or otherwise pollute the stream in any way.

(d)

Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

(e)

Noise. There shall be no noise emanating from the operation which will be audible beyond the boundaries of the immediate site.

(f)

Glare. There shall be no direct or sky-reflected glare exceeding 1.5 foot-candles measured at the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrances or exits of service drives leading to a parking lot.

(g)

Fly ash, dust, fumes, vapors and gases. There shall be no emission which can cause any damage to health, to animals or vegetation or other forms of property or which can cause any excessive soiling at any point. Emission from any chimney or otherwise of any solid or liquid particles in concentration exceeding 0.2 grain per cubic foot of the conveying gas or air at any point is prohibited. Measurement of the amount of particles in gases resulting from combustion shall be applied to a standard stack temperature of 500° F. and 50% excess air.

(7)

Buffer area requirement. There shall be established along the line of any lot that is contiguous to any residential district, unless the lot line coincides with a state or federal highway right-of-way, a buffer area of 100 feet in width plus 20 feet of additional buffer width for each five-foot interval or fraction thereof of the height of the principal building exceeding 35 feet up to 50 feet in height and thereafter for each five feet of additional building height (to a maximum of 65 feet) or fraction thereof. An additional 30 feet of buffer width shall be required for each five-foot interval of building height exceeding 50 feet. Buffer areas shall remain in perpetuity and shall not be the subject of any future land use or variance applications. In each case where proposed building height exceeds 35 feet, a line-of-sight analysis shall be submitted by applicant detailing (architectural and engineering studies) the location of adjacent residential areas which will be in view of the proposed building from various directions and angles, as well as the view of the proposed structure from residential areas. The analysis shall be utilized by the Township to determine if the above buffer requirements shall be adjusted to increase height and density of the buffer to provide adequate screening of the proposed building(s).

[Added 12-5-1985 by Ord. No. 25-1985]

§ 95-57 Professional and Business Office PB-1 Zone regulations.

Uses. In the Professional and Business Office PB-1 Zone, no lots shall be used and no building shall be erected, altered or occupied or any purpose other than the following:

(1)

Permitted uses.

(a)

Same as specified for Residence R-20 Zone and subject to all requirements of that zone.

(b)

Office buildings for business, professional and administrative offices not engaged in retail or wholesale sale and delivery of goods nor the repairing, servicing or receiving for repair or service on the premises.

(c)

Banks or other financial institutions.

(d)

Municipal facilities or uses.

Other provisions and requirements.

(1)

As specified in the schedule, § 95-45.

(2)

[Amended 8-17-1982 by Ord. No. 24-1982]

Permitted accessory uses: exceptions and limitations.

(1)

Signs as permitted in § 95-100 et seq.

[Amended 10-2-2017 by Ord. No. 13-2017]

(2)

Off-street parking facilities as permitted and regulated in § 95-54C.

Conditional uses. The following use shall be permitted as a conditional use within the PB-1 Zone, subject to all standards and regulations set forth hereinafter:

[Added 5-1-2017 by Ord. No. 4-2017]

(1)

Instructional uses encompassing a minimum of 5,000 square feet. Parking shall be provided based on the peak number of students and employees.

§ 95-58 Professional and Business Office PB-2 Zone regulations.

Uses. In the Professional and Business Office PB-2 Zone, no lots shall be used and no building shall be erected, altered or occupied for any purpose other than the following:

(1)

Permitted uses.

(a)

Same as specified for Residence R-20 Zone and subject to all requirements of that zone.

(b)

(c)

Banks or other financial institutions.

(d)

Municipal facilities or uses.

Other provisions and requirements.

(1)

As specified in the schedule, § 95-45.

(2)

On all property lines except the street line, a buffer strip of property no less than 10 feet in width shall be utilized as a buffer area in accordance with specifications set forth in § 95-37B(5) unless waived by the appropriate municipal board at the time of site plan application.

[Amended 8-17-1982 by Ord. No. 24-1982]

Permitted accessory uses: exceptions and limitations.

(1)

Signs as permitted in § 95-63C et seq.

[Amended 10-2-2017 by Ord. No. 13-2017]

(2)

Off-street parking facilities as permitted and regulated in § 95-54C.

Conditional uses. The following use shall be permitted as a conditional use within the PB-2 Zone, subject to all standards and regulations set forth hereinafter:

[Added 5-1-2017 by Ord. No. 4-2017]

(1)

Instructional uses encompassing a minimum of 5,000 square feet. Parking shall be provided based on the peak number of students and employees.

§ 95-58.1 Professional and Business Office PB-3 Zone regulations.

[Added 12-14-1982 by Ord. No. 31-1982]

Uses. In the Professional and Business Office PB-3 Zone, no lots shall be used and no building shall be erected, altered or occupied for any purpose other than the following:

(1)

Permitted principal uses.

(a)

(b)

Banks and financial institutions subject to the requirement that they be located within office buildings permitted in Subsection A(1)(a) above.

(c)

Municipal facilities or uses.

(2)

Permitted accessory uses; exceptions and limitations.

(a)

Signs, as permitted in § 95-100 et seq.

[Amended 10-2-2017 by Ord. No. 13-2017]

(b)

Off-street parking facilities, including parking decks, as permitted and regulated in § 95-54C.

(c)

Employees facilities, including recreation areas, cafeterias, snack bars and other similar facilities.

Other provisions and requirements.

[Amended 5-1-2017 by Ord. No. 4-2017]

(1)

Minimum lot area: eight acres.

(2)

Minimum lot frontage: 500 feet.

(3)

Minimum front yard setback: 150 feet.

(4)

Minimum side yard setback, each: 50 feet.

(5)

Minimum rear yard setback: 50 feet.

(6)

Minimum setback from residential zone district line: 200 feet.

(7)

Minimum buffer area from residential zone district line: 100 feet.

(8)

Minimum landscape buffer along property line: 30 feet.

(9)

Minimum landscape buffer along external streets: 50 feet.

(10)

Maximum building coverage: 30%.

(11)

Maximum impervious surface coverage: 65%.

(12)

Maximum floor area ratio: 27%.

(13)

Maximum building height: three stories and 39 feet.

Conditional uses. The following use shall be permitted as a conditional use within the PB-3 Zone, subject to all standards and regulations set forth hereinafter:

[Added 5-1-2017 by Ord. No. 4-2017]

(1)

Instructional uses encompassing a minimum of 5,000 square feet. Parking shall be provided based on the peak number of students and employees.

§ 95-59 Light Industry I-3 Zone regulations.

[Amended 8-17-1982 by Ord. No. 24-1982; 12-5-1985 by Ord. No. 25-1985; 7-16-1987 by Ord. No. 17-1987; 12-15-2014 by Ord. No. 15-2014; 11-4-2015 by Ord. No. 11-2015; 11-4-2015 by Ord. No. 13-2015; 10-2-2017 by Ord. No. 13-2017; 12-6-2021 by Ord. No. 14-2021; 12-6-2021 by Ord. No. 12-2021; 11-3-2025 by Ord. No. 27-2025]

Uses. In the Light Industry I-3 Zone, no lot shall be used and no building shall be erected, altered or occupied for any purpose other than the following:

(1)

Permitted uses.

(a)

(b)

The finishing or assembling of articles made from previously prepared or refined materials.

(c)

The preparation and fabrication of metals and metal products or chemicals and chemical products.

(d)

Research activities, including laboratories and structures and facilities used in connection therewith and the testing, sale or lease of articles designed and produced in such laboratories.

(e)

Any municipally owned and operated uses, such as a municipal garage, municipal utility facility, municipal dog pound, etc.

(f)

Electronic data centers.

(g)

The manufacture and/or assembly of plastic products as listed under the North American Industry Classification System - 326 Plastics and Rubber Products Manufacturing.

(h)

Craftsman's or contractor's shop, such as, but not limited to, carpentry, plumbing, welding, electrical or machine shop. "Craftsman" does not include motor vehicle repair or restoration.

(i)

Electrical equipment and appliances, heating, ventilating, air-conditioning, plumbing and refrigeration equipment service businesses, excluding on-site sales.

(j)

Self-storage facilities.

(k)

Technical training institutions and schools.

(l)

Public utilities.

(m)

Instructional uses.

(n)

Funeral homes.

(o)

Crematories.

(2)

Permitted accessory uses.

(a)

Signs as permitted in § 95-100 et seq.

(b)

Such other uses as are clearly accessory to the principal structure and use.

(1)

Same as specified for the Business B-2 Zone in § 95-55B.

(2)

Residential dwelling units.

(3)

Retail business, including stores and shops and including all restaurants and similar service establishments.

(4)

Sand, clay or gravel mining or other extractive processes and the commercial stripping of topsoil.

(5)

Junkyards and automobile wrecking or disassembly yards.

(6)

Tar plants, asphalt manufacturing or refining plants, concrete or bituminous concrete processing plants.

Buffer area requirement. There shall be established along the line of any lot that is contiguous to any residential district, unless the lot line coincides with a state or federal highway right-of-way, a buffer area of 100 feet in width plus 20 feet of additional buffer width for each five-foot interval or fraction thereof of the height of the principal building exceeding 35 feet up to 50 feet in height and thereafter for each five feet of additional building height (to a maximum of 65 feet) or fraction thereof an additional 30 feet of buffer width shall be required for each five-foot interval of building height exceeding 50 feet. Buffer areas shall remain in perpetuity and shall not be the subject of any future land use or variance applications. In each case where proposed building height exceeds 35 feet, a line-of-sight analysis shall be submitted by applicant detailing (architectural and engineering studies) the location of adjacent residential areas which will be in view of the proposed building from various directions and angles, as well as the view of the proposed structure from residential areas. The analysis shall be utilized by the Township to determine if the above buffer requirements shall be adjusted to increase height and density of the buffer to provide adequate screening of the proposed building(s).

Other provisions and requirements.

(1)

Area requirements.

(a)

As specified in the schedule, § 95-45.

(b)

One side yard or rear yard of 100 feet required adjacent to a residence zone.

(c)

The two-hundred-foot setback required in the schedule shall be landscaped except for access driveways on all street lines opposite a residential zone.

(d)

Maximum percentage of impervious surfaces shall be 85% of the lot area.

(2)

Off-street parking. Off-street parking spaces shall be provided on the same lot as the use which they are intended to serve and shall be located in other than the required front yard area or the required side yard area on the street side in the case of corner lots. Such parking area shall not be located closer than 50 feet to a residential zone, unless this requirement is waived by the appropriate municipal board in cases where a buffer strip as required by such board is maintained. One space shall be provided for each two employees and one space for each 1,000 square feet of gross floor area. For electronic data centers only, there shall be three parking spaces for every four employees during the maximum shift; and no additional spaces shall be required based upon gross floor area.

(a)

(b)

Funeral home: one space for each car used in connection with the business, plus one space for each 40 square feet of assembly room floor area.

(3)

Loading facilities. Off-street loading and unloading of vehicles shall be through a rear service lane, which service lane shall have direct access from a public street. This off-street loading and unloading area is specifically not to be included in calculation of required parking. All uses except data centers shall have a loading facility.

(4)

Performance standards. Subject to the requirements of § 95-56C(6).

Conditional uses. The following uses shall be permitted as conditional uses within the I-3 Industrial Zone, subject to all standards and regulations set forth hereinafter:

(1)

Planned office and commercial development permitting general office uses, indoor theaters and restaurant uses, not including drive-in restaurants, subject to the following:

(a)

The tract of land shall have an area of no less than 25 acres in size.

(b)

The tract of land shall have direct access to a state highway.

(c)

The development of a planned office and commercial park shall be limited to 80% coverage of the tract by building on all impervious surfaces.

(d)

Commercial floor area (restaurant and theater uses) shall not exceed 25% of the total floor area of the planned office and commercial development.

(e)

The planned office and commercial development shall comply with all development regulations of the I-3 Zone District in addition to standards established hereinabove.

§ 95-60 Light Industry I-1 Zone regulations.

[Amended 8-17-1982 by Ord. No. 25-1982; 12-15-2014 by Ord. No. 15-2014; 11-4-2015 by Ord. No. 11-2015; 7-6-2021 by Ord. No. 7-2021; 12-6-2021 by Ord. No. 13-2021; 12-6-2021 by Ord. No. 12-2021; 11-3-2025 by Ord. No. 27-2025]

Uses. In the Light Industry I-1 Zone, no lot shall be used and no building shall be erected, altered or occupied for any purpose other than the following:

(1)

Permitted uses.

(a)

(b)

The manufacturing, compounding, packing, processing or treatment of beverages, candy, baked goods, cosmetics, dairy products, medicine, pharmaceuticals, perfumes, ice, toilet supplies and similar products.

(c)

Metalworking, tool and die shop, machine and welding shop, excluding machinery of a nuisance-producing character.

(d)

The finishing or assembling of articles made from previously prepared or refined materials.

(e)

The preparation and fabrication of metals and metal products and chemicals and chemical products, provided that no nuisance or hazard may occur from fire, explosion, dust, vapor, flashes, smoke, noise and except as prohibited herein.

(f)

Research activities, including laboratories and structures and facilities used in connection therewith and the testing, sale or lease of articles designated and produced in such laboratories, the maintenance of general offices and executive operations in connection therewith.

(g)

Electronic date centers.

(h)

The manufacture and/or assembly of plastic products as listed under the North American Industry Classification System - 326 Plastics and Rubber Products Manufacturing.

(i)

Print and publishing establishments.

(j)

The manufacture and/or assembly of high technology and electronic equipment, instruments or devices.

(k)

Craftsman's or contractor's shop, such as, but not limited to, carpentry, plumbing, welding, electrical or machine shop.

(l)

Electrical equipment and appliances, heating, ventilating, air-conditioning, plumbing and refrigeration equipment service businesses, excluding on-site sales.

(m)

Public utilities.

(n)

Funeral homes.

(o)

Crematories.

(2)

Permitted accessory uses: exceptions and limitations. Same as specified for Light Industry I-3 Zone in § 95-59A(2).

Prohibited uses. The following uses and activities are specifically prohibited: same as specified for the Light Industry I-3 Zone in § 95-59B.

Buffer area. On all property lines except the street line, a buffer strip of property no less than 10 feet in width shall be utilized as a buffer area in accordance with specifications set forth in § 95-37B(5) unless waived by the appropriate municipal board at the time of site plan application.

Other provisions and requirements.

(1)

Area requirements.

(a)

As specified in the schedule, § 95-45.

(b)

One side yard and/or rear yard of 100 feet required where adjacent to a residence zone.

(c)

All manufacturing activities shall occur in fully enclosed buildings.

(d)

Maximum percentage of impervious surfaces shall be 85% of the lot area.

(2)

Off-street parking and loading facilities. Same as specified for Light Industry I-3 Zone in § 95-59D(2) and (3).

(3)

Performance standards. Subject to the requirements of § 95-56C(6).

§ 95-61 Public P Zone regulations.

Establishment. There shall be a zone which shall be known as "Public" and designated as P.

This zone applies to all areas of public facilities which are of a permanent nature, including all administrative, educational, service and recreation and conservation lands of the Township of East Hanover, County of Morris, State of New Jersey.

§ 95-62 Cemetery CEM Zone regulations.

Establishment. This zone applies to areas of existing cemetery use. In the event that any such lands are proposed for another use, no structure, building or use shall be established or constructed before another zone district or category is adopted for these lands by the municipal governing body.

All designated and existing cemetery use zones as per the Zoning Map shall be governed by standards which are provisions that have been formulated to establish limitations and restrictions on any CEM use or proposed CEM use to promote sound and prudent development of said zones in the best interests of both the citizens of the Township of East Hanover and the owners of the existing use. To achieve these interests, the following standards shall apply in the CEM Zone:

(1)

On all property lines in the CEM Zone which abut or adjoin presently existing residentially zoned properties as designated at the time of the final adoption of this chapter, there shall be established a twenty- five-foot buffer strip on the CEM-zoned property. Within the designated twenty-five-foot buffer strip, no structure or building shall be installed, constructed or erected, and furthermore, no burial plot, monuments nor memorial plaque shall be allowed within 10 feet of the outer buffer strip boundary.

[Amended 9-20-1979 by Ord. No. 34-1979]

(2)

The above-mentioned buffer strip shall extend no less than 10 feet in width from the outer boundary of said buffer strip and shall be in accordance with specifications set forth in § 95-37B(5) unless waived by the appropriate municipal board.[1]

[1]

Editor's Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.

(3)

The ten-foot outer boundary buffer strip will not immediately be planted along adjoining presently zoned residential lands if, in the opinion of the Zoning Officer of the Township of East Hanover, the natural foliage and trees existing along said boundaries are sufficient and adequate to eliminate site distance from the boundary line of the residential zone into the CEM Zone area. If the natural foliage and trees now creating the natural buffer strip are diminished or removed, thereby creating site distance into the CEM Zone, then in the opinion of the Township, to eliminate the site distance, the natural foliage shall be supplemented by the buffer strip requirements designated in this subsection.

[Added 9-20-1979 by Ord. No. 34-1979]

(4)

All boundary lines in the CEM Zone which adjoin presently existing residentially zoned lands shall be buffered in accordance with Subsection B(1), (2) and (3) hereof. The buffer strip requirement imposed herein shall not extent to any CEM Zone boundary line because of any subsequent rezoning of abutting properties from nonresidential to residential zones.

[Added 9-20-1979 by Ord. No. 34-1979]

Any person seeking to build, construct or erect wholly or partially above or below the ground a public mausoleum, vault, crypt or other structure intended to hold or contain dead bodies must obtain a building permit from the Construction Official and obtain site plan approval from the Planning Board and furthermore comply with all the provisions of N.J.S.A. 8A:3-14.

§ 95-63 Sexually Oriented Businesses. [1]

[Added 6-5-1997 by Ord. No. 19-1997]

Declaration and findings of policy; scope.

(1)

Whereas, sexually oriented businesses are a serious hazard to the public health, welfare, safety and quality of life; and whereas, sexually oriented businesses have a demonstrable deleterious effect on both the existing businesses and surrounding residential areas; and whereas, sexually oriented businesses create an atmosphere which is inimical to the values of this significant segment of the Township's population; and whereas, sexually oriented businesses, when located in close proximity to each other, contribute to urban blight and downgrade the quality of life in the surrounding area, now, therefore, it is the policy of the Township of East Hanover to regulate sexually oriented businesses, to protect the public health, welfare and safety and the quality of life.

(2)

This section shall apply to the regulation of sexually oriented businesses within the limits of the Township of Last Hanover.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electricity or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE OR ADULT VIDEO STORE

A commercial establishment which, as one of its principal business purposes, offers for sale or for rental for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals or other printed material or photographs, films, motion pictures, videocassettes or video productions, slides or other visual representations e specified sexual activities or specified anatomical areas.

(2)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

(3)

Video stores whose inventory of adult videos is less than 20% of the total number of videos offered for sale or rent is not an adult video store for purposes of this section.

ADULT CABARET

A nightclub, bar, restaurant or similar commercial establishment which regularly features:

(1)

Persons who appear in a state of nudity;

(2)

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(3)

Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTEL

A hotel, motel or similar commercial establishment which offers accommodations to the public for any form or consideration of which:

(1)

Offers a sleeping room for rent for a period of time that is less than 24 hours: or

(2)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 24 hours.

ADULT MOTION-PICTURE THEATER

A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT THEATER

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or y specified sexual activities.

COMMERCIAL DISPLAY

The exhibition to the senses of another person for valuable consideration, whether the valuable consideration is paid by the recipient of the exhibition or by another, and whether the exhibition occurs at the exhibitor's place of business or elsewhere.

NUDITY OR STATE OF NUDITY

The appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.

OBSCENE MATERIALS

The definitions of obscene materials set forth in P.L. 1978, c. 95, as amended by P.L. 1982, c. 21 1, Section 1 (effective December 23, 1982, as N.J.S.A. 2C:342) as the same. shall be from time to time amended or supplemented, as well as in accordance with or, not more strictly than Judicial interrelations thereof pursuant to the Constitution of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.

PERSON

An individual, proprietorship, partnership, corporation, association or other legal entity.

SEXUALLY ORIENTED BUSINESS

An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater or adult theater.

SPECIFIED ANATOMICAL AREAS

(1)

Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below the point immediately above the top of the areola; or

(2)

Human male genitals in a discernably turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Includes any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.

(3)

Masturbation, actual or simulated.

(4)

Excreto functions as part of or in connection with any of the activities set forth in the definition of specified sexual activities above.

Location of sexually-oriented businesses.

(1)

A person violates ties section if he operates or causes to be operated a sexually oriented business within 1,000 feet of:

(a)

Places of worship.

(b)

Any school or other place of instruction, whether public or private.

(c)

Any mental or physical health care provider or facility.

(d)

An existing residence.

(e)

A boundary of any zone as defined by the Township of East Hanover Land Use Ordinance, in which residential uses are permitted.

(f)

Any day-care center or similar facility for pre-school children.

(g)

Any other sexually oriented business.

(2)

Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the parcel of land upon which the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises devoted to residential use or another sexually oriented business, which is used for a purpose set forth in § 95-63C(1) of this Code.

Development standards.

(1)

Buildings used for sexually oriented businesses shall meet all applicable safety standards of the Township of East Hanover, including but not limited to adequate fireproofing of walls, floors, ceilings, adequate fire escapes and exits and adequate fireproofing of all book storage areas.

(2)

All zone requirements for setbacks, building height, buffers, signs, parking and the like shall be complied with.

(3)

All site improvements and site design shall conform to the requirements prescribed under § 95-39B of this Code.

(4)

The interior of the sexually oriented business shall be adequately lighted and constructed so that every portion thereof, except for rest room(s) and areas restricted to employees, is readily visible to the clerk or other supervisory personnel from the counter or y other regular stations.

(5)

Obscene materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas, public or semipublic.

(6)

No loudspeakers or sound equipment shall be used for adult bookstores, adult motion-picture theaters or adult mini-motion-picture theaters, as defined herein.

(7)

No building, premises, structure or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business, regardless of the provisions of § 95-63C(1)(e).

Use regulations.

(1)

No person under the age of 18 shall be permitted into any sexually oriented business premises at any time for any purpose. A sign conspicuously posted shall give notice of this regulation.

(2)

Hours of operation shall be no earlier than 9:00 a.m. nor later than 12:00 midnight, prevailing time, on weekdays and Saturdays. All sexually oriented businesses shall be closed on Sundays.

(3)

No smoking is permitted in any sexually oriented business. No consumption of alcoholic beverages is permitted at any time in any sexually oriented business.

Enforcement.

(1)

Except as otherwise provided by state statute, any person violating any provision of this section, upon conviction, is punishable by a fine riot to exceed $1,000 or a term of imprisonment not to exceed 90 days, or both. In no event shall any person violating this section, upon conviction, receive a fine below the amount of $100.

(2)

Each day a sexually oriented business is operating in violation of any provision of this section shall be deemed a separate offense under this section.

[1]

Editor's Note: Former § 95-63, Signs, as amended, was superseded 9-19-1996 by Ord. No. 27-1996. See now Chapter 125, Signs.

§ 95-64 Nonconforming uses and buildings.

Continuance of use. Except as otherwise provided in this section, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this article for the zone in which such land or building is located; provided that no such nonconforming building or use shall be enlarged, extended or increased so as to cause any further or additional nonconformity.

Abandonment of use. A nonconforming use shall be presumed to have been abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner within a period of one year from the commencement of cessation or discontinuance.

Restoration on nonconforming buildings.

(1)

If any nonconforming building shall be destroyed not in excess of 50% as determined by the Construction Official by reason of windstorm, fire, explosion or other acts of God or the public enemy, the same may be rebuilt, restored or repaired, but said rebuilt, restored or repaired building shall not exceed the size, dimensions or area covered by the original building. If any nonconforming nonresidential building shall be destroyed in excess of 50% as determined by the Construction Official, then same shall not be rebuilt, restored or repaired unless said restoration conforms to the regulations of the applicable zone.

(2)

Nothing in this article shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Construction Official.

Reversion of uses. No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.

§ 95-65 Administration.

Conditional approvals.[1]

[Added 8-11-2003 by Ord. No. 14-2003]

(1)

Conditions precedent.

(a)

Whenever any application for development is approved subject to specified conditions intended to be fulfilled before the approval becomes effective, said conditional approval shall lapse and become null and void unless all specified conditions, other than those contemplated by N.J.S.A. 40:55D-22b, are fulfilled within 190 days of the date of the conditional approval.

(b)

Proof that applications have been filed with all other agencies having jurisdiction over any aspect of the application for development shall forthwith be filed with the Planning Board or Board of Adjustment, as the case may be.

(c)

The fulfillment of all other conditions precedent shall forthwith be reported in writing to the Planning Board or Board of Adjustment, as the case may be, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit or zoning permit be issued.

(d)

When all conditions have been fulfilled with regard to any minor subdivision, the applicant shall, within 30 days of fulfillment of all such conditions, submit his deed or map for signature in accordance with N.J.S.A. 40:55D-54 or any such approval shall lapse and be of no force and effect; provided, however, that the applicant may, for good cause shown, obtain an extension either before or after the lapse of said thirty-day period within the reasonable exercise of the Board's judgment.

(2)

Conditions subsequent.

(a)

Whenever any application for development is approved subject to conditions, which by their terms are incapable of being fulfilled or are not required to be fulfilled prior to the final approval of the application, the performance of which are not guaranteed by bonds or securities of any type, failure to fulfill any such condition within six months from the date of the final approval of the application for development shall be grounds for the issuance of a stop-work order by the enforcing official and the withholding of any zoning permit, certificate of occupancy or any other approval until such condition or conditions are fulfilled.

(b)

Nothing herein contained shall be construed as preventing the Planning Board or Board of Adjustment as the case may be, from specifying a longer period of time within which any specific condition must be fulfilled or from granting, upon an exparte application, an extension of time for good cause shown.

(c)

The fulfillment of all conditions shall be reported in writing to the Planning Board or Board of Adjustment, as the case may be, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit or zoning permit or other required approval be issued.

(d)

For the purpose of calculating the time period within which conditions must be fulfilled, such time periods shall commence from the date on which the resolution of approval was adopted.

[1]

Editor's Note: Former § 95-65A, Legislative findings and declarations, as amended, was repealed 7-10-2000 by Ord. No. 17-2000.

Enforcement.

[Amended 12-18-1997 by Ord. No. 53-1997]

(1)

The Zoning Enforcement Official and/or the Director Land Use, who shall be designated as the administrative officer, and/or such deputies as may be appointed, shall be responsible for the administration and enforcement of Chapter 95, Land use and Zoning.

[Amended 3-7-2005 by Ord. No. 5-2005]

(2)

No land, building, structure or part thereof within the Township shall be constructed, altered, used or occupied unless such land, building, structure or part thereof shall conform to the provisions of Chapter 95, Land Use and Zoning, and a zoning permit is issued by the Zoning Enforcement Official certifying such conformance.

(3)

In no case shall a permit be granted for the construction or alteration of any building, land, structure or part thereof where the proposed construction, alteration or use thereof would be in violation of any provision of Chapter 95, Land Use and Zoning.

(4)

In no case shall a certificate of occupancy be granted for the occupancy and use of vacant land, change in the use of any land, building or structure, any change involving a nonconforming use or nonconforming structure or change in the ownership, tenancy or occupancy of any land, building or structure where the proposed occupancy, change in the use, change involving a nonconforming use or nonconforming structure, unless such nonconformance is otherwise permitted pursuant to § 95-65 of the Code of the Township of East Hanover, or change in the ownership, tenancy or occupancy thereof would be in violation of any provision of Chapter 95, Land Use and Zoning.

(5)

To ensure compliance with the provisions of Chapter 95, Land Use and Zoning, no permit or certificate of occupancy shall be issued unless a zoning permit has first been granted by the Zoning Enforcement Official.

(6)

As used in this article, "zoning permit" means a document signed by the Zoning Enforcement Official which is required by ordinance as a condition precedent to the commencement of a use, occupancy or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, occupancy, structure or building complies with the provisions of Chapter 95, Land Use and Zoning, or variance therefrom duly authorized by the Planning Board or Zoning Board of Adjustment.

(7)

It shall be the duty of the Zoning Enforcement Official to cause any building, structure, plans or premises to be inspected or examined and to order, in writing, the remedying of any conditions found to exist in violation of any provision in Chapter 95, Land Use and Zoning. The Zoning Enforcement Official shall have the right to enter any building or premises during the daytime in the course of performance of his or her duties, subject to any applicable state or federal constitutional proscriptions.

Building permits; permit records.

[Amended 12-18-1997 by Ord. No. 53-1997]

(1)

All applications for building permits shall be made in the manner prescribed in the building code (Chapter 75, Construction Codes, Uniform, of the Code of the Township of East Hanover) and shall also constitute an application for a zoning permit, which is a condition precedent to the issuance of a building permit. A duplicate copy of all applications for building permits must be provided to the Zoning Enforcement Official by the applicant at the same time that the building permit application is made to the Construction Official. Each application for a building permit shall be accompanied by payment of the applicable fee prescribed in Chapter 79, Fees and Licenses, of the Code of the Township of East Hanover. A determination as to the issuance of a building permit shall be made within 20 business days from the date a complete building permit application has been filed pursuant to this subsection.

(2)

The Construction Official shall not issue a building permit unless the applicant has first been granted a zoning permit, except that the Construction Official may, in the case of a real and imminent emergency, issue a building permit to address the emergency without the applicant having to first secure a zoning permit, in which case the Construction Official shall forthwith provide the Zoning Enforcement Official with notice of the issuance of such building permit and the nature of the emergency underlying the same, with copies of such notice to the Mayor and Council. Notice shall be given by the Zoning Enforcement Official to the applicant and Construction Official of the disposition made on all zoning permit applications submitted under this subsection.

(3)

Zoning permits required under this subsection may, in the discretion of the Zoning Enforcement Official, be in the form of a separate document and/or included in a building permit which may be issued by the Construction Official. The form shall be approved by the Township Council. Zoning permits granted under this subsection may, in discretion of the Zoning Enforcement Official, include conditions that the Zoning Enforcement Official deems adequate to ensure compliance with Chapter 95, Land Use and Zoning.

Certificates of occupancy and zoning permits; fee; revocation; filing.

[Amended 12-18-1997 by Ord. No. 53-1997]

(1)

It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, located, erected, changed, altered, converted or enlarged, wholly or partly, until a certificate of occupancy and zoning permit have been issued for that premises in accordance with the requirements of the building code and Chapter 95, Land Use and Zoning.

(2)

In the event that any building, premises, structure or part thereof being utilized for a commercial or industrial use shall become vacant or in the event that there is a change in the ownership, tenancy and/or occupancy thereof, it shall be unlawful for any new owner, tenant and/or occupant to occupy or utilize said building, premises, structure or part thereof unless a certificate of occupancy and zoning permit have been issued specifically for said owner, tenant and/or occupant.

(3)

In the event that the present use by an owner, tenant and/or occupant of any building, premises, structure or part thereof being utilized for a commercial or industrial use shall change or contemplate a change to a different use, it shall be unlawful for the owner, tenant and/or occupant to utilize said building, premises, structure or part thereof for such different use unless a certificate of occupancy and zoning permit have been issued specifically for such different use to said owner, tenant and/or occupant.

(4)

All applications for certificates of occupancy shall be made to the Construction Official on a form provided by the Township and shall also constitute an application for a zoning permit, which is a condition precedent to the issuance of a certificate of occupancy. A duplicate copy of all applications for certificates of occupancy must be provided to the Zoning Enforcement Official by the applicant at the same time that a certificate of occupancy application is made to the Construction Official. An application fee in the amount prescribed in Chapter 79, Fees and Licenses, of the Code of the Township of East Hanover shall be submitted with every application for a certificate of occupancy. A determination as to the issuance of a certificate of occupancy and zoning permit shall be made within 10 business days from the date a complete certificate of occupancy application has been filed pursuant to this subsection.

(5)

The Construction Official shall not issue a certificate of occupancy unless the applicant has first been granted a zoning permit. Notice shall be given by the Zoning Enforcement Official to the applicant and Construction Official of the disposition made on all zoning permit applications submitted under this subsection.

(6)

Zoning permits required under this subsection may, in the discretion of the Zoning Enforcement Official, be in the form of a separate document and/or included in a certificate of occupancy which may be issued by the Construction Official. The form shall be approved by the Township Council. Zoning permits granted under this subsection may, in the discretion of the Zoning Enforcement Official, include conditions that the Zoning Enforcement Official deems adequate to ensure compliance with Chapter 95, Land Use and Zoning, so long as said conditions are otherwise consistent with the Municipal Land Use Law[2] and this Code.

[2]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

Appeals.

[Amended 6-7-1984 by Ord. No. 10-1984; 12-18-1997 by Ord. No. 53-1997]

(1)

In the event that a zoning permit is denied or conditioned by the Zoning Enforcement Official, the Zoning Enforcement Official shall set forth the reasons for the denial or condition(s) and the applicant may appeal the denial or condition(s) by the Zoning Enforcement Official to the Zoning Board of Adjustment. The Zoning Board of Adjustment shall have the right to overrule or affirm such denial or condition(s). In the case of an appeal to the Zoning Board of Adjustment, the appellant shall pay fees as established by the Zoning Board of Adjustment in accordance with the procedures for fees relative to other matters coming before the Zoning Board of Adjustment in accordance with the Code of the Township of East Hanover, with an application fee in the amount prescribed in Chapter 79, Fees and Licenses, of the Code of the Township of East Hanover.

(2)

Any appeals made pursuant to Subsection E(1) of this subsection must be filed within 20 days of the date of the denial or conditioning of a zoning permit.

Temporary use permits.

(1)

It is recognized that it may be in accordance with the purpose of this article to permit temporary activities for a limited period of time, which uses may be prohibited by other provisions of this article. If such uses are of such a nature and are so located that at the time of petition they will in no way exert a detrimental effect upon the uses of other lands and activities normally permitted in the zone and will also contribute materially to the welfare of the Township, or if the need for such permit arises in the state of emergency under conditions peculiar to the time and place involved, then the Planning Board may, subject to all regulations for the issuance of special permits elsewhere specified, issue a temporary permit for a period not to exceed six months. Such period may be extended not more than once for an additional period of six months, provided the applicant demonstrates a continuing effort to the Construction Official to repair or rebuild in the appropriate case, and provided the applicant presents a site plan application prior to the expiration of the initial six months' period, and provided that the conditions of the initial temporary use permit have been followed.

(2)

In the event of an emergency situation prior to a regular scheduled meeting of the Planning Board, the Township Construction Official may issue a temporary use permit under the conditions outlined above for a period not to exceed one month and conditioned upon application for a temporary use permit to the East Hanover Planning Board.

Advisory duties of Planning Board.

[Added 12-18-1997 by Ord. No. 53-1997]

(1)

The Planning Board is assigned the responsibility for performing advisory duties pursuant to N.J.S.A, 40:55D-25 of the Municipal Land Use Law for the purposes of assisting and aiding the governing body, Township agencies and Township officers in matters involving Chapter 95, Land Use and Zoning.

(2)

The Construction Official and Zoning Enforcement Official may solicit and obtain from the Planning Board advisory assistance and aid pursuant to N.J.S.A. 40:55D-25b(3) in connection with any applications for a building permit, certificate of occupancy or zoning permit, as the case may be, which in the opinion of the Construction Official, in the case of a building permit application or certificate of occupancy application, or Zoning Enforcement Official, in the case of a zoning permit application, presents issues or complexities for which the expertise of the Planning Board would be beneficial or essential. In the event that advisory assistance and aid is sought from the Planning Board pursuant to this subsection, the applicant and Planning Board shall be notified of the same, in writing, by the Construction Official and/or Zoning Enforcement Official, as the case may be.

Reports by the Construction Official.

[Added 12-18-1997 by Ord. No. 53-1997]

(1)

The Construction Official shall prepare and file a written report with the Township Council at thirty-day intervals setting forth an itemization of all applications made for building permits and certificates of occupancy for the relevant period, together with the disposition taken by the Construction Official on all such applications and the basis therefor.

(2)

A copy of each such report shall be filed by the Construction Official with the Planning Board at the same time it is filed with the Township Council.

Conflicting provisions. In the event that there exists any conflicts between this § 95-65 and any provisions of the Code of the Township of East Hanover concerning the subject matter hereof, the provisions of this § 95-65 shall govern and control. To the extent that any such conflicts exist, such conflicting provisions are hereby amended, modified or repealed as appropriate so as to be compatible with this § 95-65.

[Added 12-18-1997 by Ord. No. 53-1997]

Savings provision. In the event that one or more of the provisions of this § 95-65 shall for any reason be held to be illegal or invalid by a court of competent jurisdiction, such illegality or invalidity shall not affect any other provision hereof, but this § 95-65 shall be construed and enforced as if such illegal or invalid provision had not been contained herein, unless a court of competent jurisdiction holds that such provisions are not severable from all other provisions of this § 95-65 or that the invalidity of the affected provision materially alters the substance of this § 95-65.

[Added 12-18-1997 by Ord. No. 53-1997]

§ 95-65.1 Zone change requests.

[Added 5-18-1982 by Ord. No. 12-1982; amended 4-21-1983 by Ord. No. 10-1983]

Procedures.

(1)

Any developer requesting a zone change shall file with the Director of Land Use such a request and simultaneously deposit with the Township Clerk an escrow amount for fees as hereinafter set forth.

(2)

The Director of Land Use shall thereupon notify the Township Committee, in writing, of the zone change request and, thereupon, forward copies of the request and accompanying map to the Planning Board for its review and recommendation on the request. Upon receipt of said request, the Secretary to the Planning Board shall send a copy of said zone change request to those entities as set forth in § 95-35A(1).

(3)

Upon receipt of the reports from the entities set forth in § 95-35A(1), the Planning Board shall thereafter conduct a public hearing and render a decision on the zone change request and, thereupon, forward its recommendation to the Township Committee.

(4)

Upon receipt by the Township Committee of the recommendation of the Planning Board, the Township Committee shall schedule a public hearing on the zone change request.

(5)

The Township shall provide public notice, and the developer shall provide private notice to the owners of all real property shown on the current tax maps of the Township within 200 feet in all directions of the property which is the subject of such hearing.

Fees. The fee to be charged for a zone change request shall be determined in the following manner:

(1)

The developer, upon the filing of a zone change request, shall deposit with the Township Clerk, adequate funds to cover the cost of professional services in connection with the review of said zone change request, including but not limited to shorthand reporting and transcripts, review, inspection and reports of the Township Engineer, professional planner, Township Attorney, Planning Board Attorney and any other professionals whose services are deemed necessary with respect to the review of the zone change request.

(2)

All moneys required under this section shall be deposited by the Township Clerk in the Township's escrow account, and the Township Treasurer shall set up a ledger page in the name of the developer. All disbursements to professional consultants or experts required to review the zone change request shall be charged against the developer's escrow account. The amount of the initial deposit to the escrow account, to be remitted at the time of the submission of the zone change request by the developer, shall be as provided in § 79-7F.

(3)

Any of the aforesaid deposit remaining in the escrow account upon completion of the review procedure shall be returned to the developer.

(4)

In the event that the funds in the escrow account shall become depleted prior to the completion of the review procedure and additional funds are needed to cover the cost of processing said zone change request, the developer shall deposit sufficient additional funds. In order to expedite the processing of all zone change requests, the Township Clerk shall notify the developer immediately upon the depletion of funds in the escrow account or as soon as an insufficiency of funds becomes evident or is expected.

(5)

No Township agency shall review and or take action on a zone change request unless all fees and deposits required in the manner described above shall have been deposited by the developer with the Township Clerk.

(6)

All bills submitted to a Township agency by the stenographer, professional planner, Township Attorney, Planning Board Attorney or other professionals containing charges to be applied against the developer's escrow account established pursuant to this section shall specify the services performed in relation to the individually identified zone change request for which the charges have been incurred.

(7)

Unit charges, i.e., per diem or hourly fees, inspection or expert testimony charges, levied by the stenographer, professional planner, Township Attorney, Planning Board Attorney or other professionals for services rendered in connection with a zone change request may not exceed those unit charges contracted for and/or approved by the Township agency for services by said professionals.

(8)

A monthly accounting of all funds to be withdrawn by the Township from the escrow account shall be submitted by the Township Clerk to the developer at least 10 days prior to withdrawal of said funds. Within said 10 days, the developer shall have the opportunity to request, in writing, a hearing by the appropriate Township agency with respect to the reasonableness of the intended charges against the escrow account. In the event that the developer requests such a hearing, no withdrawal shall be made from the escrow account until the Township agency shall have ruled on the appeal. If the Township agency finds in favor of the developer, the withdrawals from the escrow account shall be adjusted accordingly. If no objection is filed within 10 days, the funds shall be withdrawn from the escrow account and transferred to the Township general funds.

§ 95-65.2 Payment in lieu fees for affordable housing.

[Added 3-3-2014 by Ord. No. 2-2014[1]]

Purpose. This section of the land use regulations of the Township of East Hanover sets forth mechanisms by which developers shall provide for affordable housing based on growth that is associated with development taking place within the Township of East Hanover. N.J.A.C. 5:97-6.4(c) permits payments in lieu of providing whole or fractional affordable units that are required by municipal ordinance.

Applicability for residential development. All residential development in the R-15 Zone that result in the construction of new market-rate dwelling units in accordance with N.J.A.C. 5:97-1 et seq. shall be subject to the provisions of this section.

Residential provisions.

(1)

All residential development in the R-15 Zone that results in the construction of new market-rate dwelling units shall provide one affordable unit for every four market-rate units constructed.

(2)

All residential development in the R-15 Zone consisting of five or more residential units shall provide one affordable housing unit on site for every four market-rate units. However, the Land Use Board may grant a variance from providing the affordable unit(s) on site and instead allow the developer to make a payment in lieu of constructing the affordable unit(s).

(3)

For developments that result in a number of market-rate residential units not evenly divisible by five, the developer may make a payment in lieu of constructing the additional affordable unit. The amount of said payment shall be the proportionate fraction of the affordable housing unit required multiplied by the payment in lieu established in Subsection C(4) below.

(4)

Where affordable units are required to be constructed and where the developer has been authorized by the Township to make a payment in lieu of constructing the affordable housing units, developers shall make a payment to the Township. The amount of the payment shall be $148,683 for each affordable unit or fraction thereof.

Payment in lieu provisions.

(1)

Fifty percent of the payment in lieu fee shall be paid at the time of issuance of a building permit. The remaining portion of the required payment shall be paid at the issuance of the first certificate of occupancy.

(2)

All payments in lieu of constructing affordable housing shall be deposited by the Township of East Hanover into an affordable housing trust fund to be established by ordinance in conformance with the regulations established by COAH and shall at all times be identifiable from development fees. These funds shall be used by the Township of East Hanover in accordance with regulations established by COAH to create new affordable housing opportunities within the physical boundaries of the Township of East Hanover.

[1]

Editor's Note: Former § 95-65.2, Posting of signs, added 4-21-1983 by Ord. No. 10-1983, was repealed 3-12-2001 by Ord. No. 5-2001.

§ 95-66 Violations and penalties.

Penalty. For each and every violation of the provisions of this article, the owner, contractor or other persons interested as lessee, tenant or otherwise in any building or premises where said violation has been committed or shall exist and who refuses to abate said violation within three days after written notice has been served upon him either by mail or by personal service shall, for each and every violation, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

Where it has been determined that a corporation is the interested party, any officer or director of said corporation may be determined to be a responsible party and liable for the penalties provided for in Subsection A.

Any person who participates in a conveyance which is designed or intended to frustrate the imposition of a penalty under this article shall also be liable for such penalty.

§ 95-67 Repealer; effect.

All ordinances or parts of any ordinance inconsistent with the provisions of this article are hereby repealed. The adoption of this article however, shall not abate or prevent the continuance of any proceedings instituted under the ordinance of which this article is a revision, nor abate or prevent any proceedings or prosecution for offense heretofore committed in violation of the ordinance, known as the "Zoning Ordinance of the Township of East Hanover, in the County of Morris," or any amendments made thereto, of which this article is a revision. Nothing herein shall be deemed to change the status of nonconforming uses heretofore created by virtue of the prior Zoning Ordinance or amendments thereof, it being the intent that this revision shall not supersede said ordinance or amendments thereof but that said ordinance and amendments and this revision shall constitute a body of law.

§ 95-68 When effective; existing permits.

This Article shall take effect upon its final passage and publication according to law, but any building or structure the erection of which has been authorized by a permit issued by the Construction Official prior to the passage of this article shall be completed within one year from the date of the passage of this article in accordance with the permit and the requirements of law and ordinance in force at the time when such permit was granted and said building or structure may be used for the purpose designated in the plans and in the permit.

§ 95-68.1 Affordable Housing Development Fees.

[Added 12-29-2009 by Ord. No. 16-2009;[1] amended 12-12-2019 by Ord. No. 17-2019; 3-2-2026 by Ord. No. 05-2026]

Purpose.

(1)

This section establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with the amended Fair Housing Act (P.L. 2024, c. 2), N.J.A.C. 5:99, and the Statewide Non-residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7). Fees collected pursuant to this section shall be used for the sole purpose of providing very-low-, low- and moderate-income housing in accordance with a Court-approved Spending Plan.

Basic requirements.

(1)

The municipality previously adopted a development fee ordinance, which established the Municipal Affordable Housing Trust Fund.

(2)

The municipality shall not spend development fees until the court has approved a plan for spending such fees.

(3)

Nothing herein shall be construed to create municipal liability for good-faith estimates of equalized assessed value.

Definitions. The following terms when used in this section shall have the following meanings:

AFFORDABLE HOUSING DEVELOPMENT

A development included in a municipality's Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipally sponsored affordable housing project, or a 100% affordable development. This includes developments with affordable units on-site, off-site, or provided as a payment in lieu of construction only if such a payment-in-lieu option has been previously approved by the Program or Superior Court as part of the HEFSP.

AFFORDABLE HOUSING MONITORING SYSTEM or AHMS

The Department's cloud-based software application shall be the central repository for municipalities to use for reporting detailed information regarding affordable housing developments, affordable housing unit completions, and the collection and expenditures of funds deposited into the municipal Affordable Housing Trust Fund.

AFFORDABLE HOUSING TRUST FUND or AHTF

The non-lapsing, revolving trust fund established in the Department pursuant to N.J.S.A. 52:27D-320 and N.J.A.C. 5:43 to be the repository of all state funds appropriated for affordable housing purposes.

COAH or THE COUNCIL

The Council on Affordable Housing established in, but not of, DCA pursuant to the Act and that was abolished effective March 20, 2024, pursuant to Section 3 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1).

DEPARTMENT

The New Jersey Department of Community Affairs.

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT FEE

Money paid by a developer for the improvement of residential and non-residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and 40:55D-8.1 through 40:55D-8.7 and N.J.A.C. 5:99-3.

EQUALIZED ASSESSED VALUE or EAV

The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 at P.L. 1973, c. 123 (N.J.S.A. 54:1-35a, 54:1-35b, and 54:1-35c). Estimates at the time of building permit may be obtained by the Tax Assessor using construction cost estimates. Final EAV shall be determined at project completion by the municipal Assessor.

Residential development fees.

(1)

Imposed fees.

(a)

Residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit.

(b)

When an increase in residential density is permitted pursuant to a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers shall be required to pay a "bonus" development fee of 6.0% of the equalized assessed value for each additional unit that may be realized, except that this provision shall not be applicable to a development that will include affordable housing. If the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and the specified higher percentage of 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.

(2)

Eligible exactions, ineligible exactions and exemptions for residential development.

(a)

Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made an eligible payment in lieu of on-site construction of affordable units, if permitted by ordinance, or by agreement with the municipality and if approved by a municipality prior to March 20, 2024, when the payment-in-lieu section was removed from the Fair Housing Act.

(b)

Developments that have received preliminary or final site plan approval prior to the adoption of this section and any preceding ordinance permitting the collection of development fees shall be exempt from the payment of development fees, unless the developer seeks a substantial change in the original approval. Where a site plan approval does not apply, the issuance of a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for the purpose of determining the right to an exemption. In all cases, the applicable fee percentage shall be determined based upon the development fee ordinance in effect on the date that the construction permit is issued.

(c)

Development fees shall be imposed and collected when an existing structure is expanded by 1,000 or more square feet of livable space. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.

(d)

No development fee shall be collected for the demolition and replacement of a residential building resulting from a fire or natural disaster.

Non-residential development fees.

(1)

Imposition of fees.

(a)

Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.

(b)

Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.

(c)

Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvements and the equalized assessed value of the newly improved structure; i.e., land and improvements; and such calculation shall be made at the time a final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the non-residential development fee shall be zero.

(2)

Eligible exactions, ineligible exactions and exemptions for non-residential development.

(a)

The non-residential portion of a mixed-use inclusionary or market-rate development shall be subject to a 2.5% development fee, unless otherwise exempted below.

(b)

The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.

(3)

Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to the Statewide Non-residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), as specified in Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption." Any exemption claimed by a developer shall be substantiated by that developer.

(4)

A developer of a non-residential development exempted from the non-residential development fee pursuant to the Statewide Non-residential Development Fee Act shall be subject to the fee at such time as the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the non-residential development, whichever is later.

(5)

If a property that was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by the municipality as a lien against the real property of the owner.

Collection procedures.

(1)

Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.

(2)

For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption," to be completed by the developer as per the instructions provided in the Form N-RDF. The construction official shall verify the information submitted by the non-residential developer as per the instructions provided on Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

(3)

The construction official responsible for the issuance of a building permit shall notify the Tax Assessor of the issuance of the first construction permit for a development that is subject to a development fee.

(4)

Within 90 days of receipt of that notice, the Tax Assessor shall provide an estimate, based on the plans filed, of the equalized assessed value of the development.

(5)

The construction official responsible for the issuance of a final certificate of occupancy shall notify the Tax Assessor of any and all requests for the scheduling of a final inspection on property that is subject to a development fee.

(6)

Within 10 business days of a request for the scheduling of a final inspection, the Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

(7)

Should the municipality fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of Section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).

(8)

50% of the development fee shall be collected at the time of issuance of the construction permit. The remaining portion shall be collected at the time of issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the construction permit and that determined at the time of issuance of certificate of occupancy.

Appeal of development fees.

(1)

A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by that Board, collected fees shall be placed in an interest-bearing escrow account by the municipality. Appeals from a determination of the Board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

(2)

A developer may challenge non-residential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the municipality. Appeals from a determination of the Director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

Affordable Housing Trust Fund.

(1)

A separate, interest-bearing municipal Affordable Housing Trust Fund shall be maintained by the Chief Financial Officer of the municipality for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls.

(2)

The following additional funds shall be deposited in the municipal Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

(a)

Payments in lieu of on-site construction of an affordable unit, where previously permitted by ordinance or by agreement with the municipality and if approved by a municipality prior to March 20, 2024, when the payment-in-lieu section was removed from the Fair Housing Act;

(b)

Funds contributed by developers to make 10% of the adaptable entrances in a townhouse or other multistory attached dwelling unit development accessible;

(c)

Rental income from municipally operated units;

(d)

Repayments from affordable housing program loans;

(e)

Recapture funds;

(f)

Proceeds from the sale of affordable units; and

(g)

Any other funds collected in connection with the municipal affordable housing program, including but not limited to interest earned on fund deposits.

(3)

The municipality shall provide the Division with written authorization, in the form of a tri-party escrow agreement(s) between the municipality, the Division and the financial institution in which the municipal Affordable Housing Trust Fund has been established to permit the Division to direct the disbursement of the funds as provided for in N.J.A.C. 5:99-2.1 et seq.

(4)

Occurrence of any of the deficiencies outlined in N.J.A.C. 5:99 may result in the Department requiring the forfeiture of all or a portion of the funds in the municipal Affordable Housing Trust Fund.

(5)

All interest accrued in the Housing Trust Fund shall only be used for eligible affordable housing purposes approved by the Court.

Use of funds.

(1)

The expenditure of all funds shall conform to a Spending Plan approved by Superior Court. Funds deposited in the municipal Affordable Housing Trust Fund may be used for any activity approved by the Court to address the fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market-to-affordable program; conversion of existing non-residential buildings to create new affordable units; green building strategies designed to be cost-saving and in accordance with accepted national or state standards; purchase of land for affordable housing; improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to affordable housing sites; financial assistance designed to increase affordability; administration necessary for implementation of the Housing Element and Fair Share Plan; and/or any other activity permitted by Superior Court and specified in the approved Spending Plan.

(2)

Funds shall not be expended to reimburse the municipality for activities that occurred prior to the authorization of a municipality to collect development fees.

(3)

At least a portion of all development fees collected and interest earned shall be used to provide affordability assistance to very-low-, low- and moderate-income households in affordable units included in the municipal Fair Share Plan. A portion of the development fees which provide affordability assistance shall be used to provide affordability assistance to very-low-income households.

(a)

Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, infrastructure assistance, and assistance with emergency repairs. The specific programs to be used for affordability assistance shall be identified and described within the Spending Plan.

(b)

Affordability assistance for very-low-income households may include producing very-low-income units or buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.

(4)

No more than 20% of all Affordable Housing Trust Funds, exclusive of those collected to fund an RCA prior to July 17, 2008, shall be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultants' fees necessary to develop or implement a new construction program, prepare and implement a Housing Element and Fair Share Plan, administer an Affirmative Marketing Program and for compliance with the Superior Court and the Program, including the costs to the municipality of resolving a challenge.

Monitoring.

(1)

On or before February 15 of each year, the municipality shall provide annual electronic data reporting of Trust Fund activity for the previous year from January 1 to December 31 through the AHMS Reporting System. This reporting shall include an accounting of all municipal Affordable Housing Trust Fund activity, including the sources and amounts of all funds collected and the amounts and purposes for which any funds have been expended. Such reporting shall include an accounting of development fees collected from residential and non-residential developers, previously eligible payments in lieu of constructing affordable units on site (if permitted by ordinance or by agreement with the municipality prior to March 20, 2024, when the payment-in-lieu section was removed from the Fair Housing Act), funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income from municipally owned affordable housing units, repayments from affordable housing program loans, interest and any other funds collected in connection with municipal housing programs, as well as an accounting of the expenditures of revenues and implementation of the Spending Plan approved by the Court.

Ongoing collection of fees.

(1)

The ability to impose, collect and expend development fees shall continue so long as the municipality retains authorization from the Court in the form of Compliance Certification or the good faith effort to obtain it.

(2)

If the municipality fails to renew its ability to impose and collect development fees prior to the expiration of its Judgment of Compliance or Compliance Certification, it may be subject to forfeiture of any or all funds remaining within its Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320).

Emergent affordable housing opportunities. Requests to expend Affordable Housing Trust Funds on emergent affordable housing opportunities not included in the municipal Fair Share Plan shall be made to the Division and shall be in the form of a governing body resolution. Any request shall be consistent with N.J.A.C. 5:99-4.1.

[1]

Editor's Note: This ordinance also repealed former § 95-68.1, Mandatory development fees, added 6-20-1995 by Ord. No. 17-1995, as amended.

§ 95-68.1A Pipelines.

[Added 11-4-2015 by Ord. No. 9-2015]

Pipelines not distributing services to end users within the Township of East Hanover which are not otherwise regulated by the New Jersey Board of Public Utilities are prohibited in all zones and districts within the Township.

East Hanover TownshipCity Zoning Code

ARTICLE VII

§ 95-43 Purpose; interpretation.

§ 95-44 Establishment of Zones.

§ 95-45 Schedule.

§ 95-46 General regulations.

§ 95-46.1 Prohibited uses.

§ 95-46.2 (Reserved) [1]

§ 95-46.3 (Reserved) [1]

§ 95-47 Modifications and exceptions.

§ 95-48 Residence R-10 Zone regulations.

§ 95-49 Residence R-11 Zone regulations.

§ 95-50 Residence R-15 Zone regulations.

§ 95-51 Residence R-20 Zone regulations.

§ 95-52 Residence R-120 Zone regulations.

§ 95-53 Residence R-120-CR Zone regulations.

§ 95-53.1 Single-Family Attached SFA Zone regulations.

§ 95-53.1.1 R-10/CSAH Residential Affordable Housing Zone regulations.

§ 95-53.2 HD/OCI Highway Development Office Commercial Industrial Zone regulations.

§ 95-53.3 RAH-1 Residential Affordable Housing Zone regulations.

§ 95-53.4 RMF Residential Multi-Family Zone regulations. [1]

§ 95-53.5 RMF-2 Residential Multi-Family 2 Zone regulations. [1]

§ 95-53.6 SED (Special Economic Development) Industrial District regulations.

§ 95-53.7 RAH-4 Residential Affordable Housing Zone regulations.

§ 95-53.8 Residential Multi-Family 2 Overlay District regulations.

§ 95-53.9 Residential Multi-Family 3 Overlay District regulations.

§ 95-53.10 RMF-4 Residential Multi-Family 4 Overlay District regulations.

§ 95-53.11 RMF-5 Residential Multi-Family 5 Overlay District regulations.

§ 95-54 Business B-1 Zone regulations.

§ 95-55 Business B-2 Zone regulations.

§ 95-55.1 Highway Business B-2B Zone regulations.

§ 95-56 Research Laboratory and Office R-L Zone regulations.

§ 95-57 Professional and Business Office PB-1 Zone regulations.

§ 95-58 Professional and Business Office PB-2 Zone regulations.

§ 95-58.1 Professional and Business Office PB-3 Zone regulations.

§ 95-59 Light Industry I-3 Zone regulations.

§ 95-60 Light Industry I-1 Zone regulations.

§ 95-61 Public P Zone regulations.

§ 95-62 Cemetery CEM Zone regulations.

§ 95-63 Sexually Oriented Businesses. [1]

§ 95-64 Nonconforming uses and buildings.

§ 95-65 Administration.

§ 95-65.1 Zone change requests.

§ 95-65.2 Payment in lieu fees for affordable housing.

§ 95-66 Violations and penalties.

§ 95-67 Repealer; effect.

§ 95-68 When effective; existing permits.

§ 95-68.1 Affordable Housing Development Fees.

§ 95-68.1A Pipelines.

East Hanover Township
City Zoning Code