Farm.

One single-family detached dwelling per lot.

Community residence for the developmentally disabled, community shelter for victims of domestic violence, community residence for the terminally ill, and community residence for persons with head injuries.

Agricultural activities as regulated in § 50-301N.

Family day-care home.

Municipal parks and playgrounds.

Accessory uses and structures incidental to a single-family detached dwelling or a farm, including the sale of farm products from a farm stand on a farm and including a home office, as defined in Article I, in conjunction with a single-family detached dwelling.

Groundwater remediation structures and equipment.

The taking in of not more than two roomers or boarders within a dwelling, provided no cooking takes place within the guest room(s), and further provided that the dwelling remains its owner's principal residence.

School.

Freestanding child-care center and preschool.

Church.

Flag lot subdivision.

Driftway subdivision.

Home occupation.

Bed-and-breakfast inn.

Each principal and accessory use permitted in the R-1 Zone.

One two-family dwelling per lot.

Municipal building, firehouse and other municipal public purpose uses.

Home office, as defined in Article I, in conjunction with a two-family dwelling.

To provide appropriate locations for multifamily dwellings according to specified design and development criteria as more fully set forth herein.

To provide an enhanced opportunity for higher-density residential development that will enable a developer to set aside and reserve a portion of the total number of new dwelling units constructed for occupancy by and affordability to qualified very low, low and moderate-income households. Should the developer choose to market the affordable units as rental units, a set-aside of at least 15% of the total number of units constructed is required. Should the developer choose to market the affordable units as for sale units, a set-aside of at least 20% of the total number of units constructed is required.

Existing single-family detached dwellings and customary accessory uses as permitted and regulated in the R-1 Zone.

Multifamily dwellings consisting of apartment (flats).

In the context of the uses permitted in Subsection B(2) above, accessory recreation areas, such as swimming pools, sports courts, community buildings, playgrounds and picnic areas, provided such facilities are restricted for use by the residents of the development and their personal guests.

In the context of the uses permitted in Subsection B(2) above, accessory garages, sheds, maintenance buildings.

Density. There shall be not more than 16 dwelling units per gross tract acre.

Tract area. There shall be a minimum tract area of two acres, except that a smaller tract area may be permitted if the development is an expansion of an existing development and will share common driveways and facilities.

Tract frontage and depth. The minimum tract frontage shall be 100 feet.

Tract setbacks and buffer strips.

Access. All buildings shall front on an interior street system. Trenton Avenue shall be used to provide driveway or roadway access to the development as a whole but shall not be used to provide direct access to individual buildings or units within the development.

Impervious coverage. The area devoted to all buildings, accessory structures, parking areas, driveways, walkways and other compacted surfaces, whether paved or unpaved, shall not exceed 55% of the tract area.

Common open space. The minimum common open space within the development shall be 30% of the tract area. The land in the perimeter buffer strip may be counted toward meeting this requirement.

Utility services and stormwater management. All development shall be connected to public water and sanitary sewerage systems. The design of the stormwater management plan shall incorporate water quality measures, such as rain gardens and other filtration systems. All on-site utility lines, including electric, cable and telephone service lines, shall be placed underground.

Building height. No building or structure shall exceed 2.5 stories and 38 feet in height, exclusive of chimneys or cupolas, with such measurement taken at the front of the building. Accessory buildings and structures shall not exceed 15 feet in height.

Distances between principal buildings.

Limitations on dwelling units.

Exterior design standards.

Interior design standards.

The parking requirements set forth in the Residential Site Improvement Standards shall be applicable to all dwelling units. All required parking spaces shall be provided on-site in designated garages and/or parking spaces accessed from interior streets or driveways.

The parking of recreational vehicles and boats in driveways and common parking lots shall be prohibited.

The owner or designated agent or the organization established to own and maintain the open space(s) and other common elements within the development shall provide and maintain in a neat and sanitary condition, either outside of or within each apartment building, appropriate containers for the orderly deposit, storage and removal of garbage and recyclables. Said owner or designated agent or the organization shall arrange and pay for the collection of garbage and recyclables on a regular basis.

All containers located outside of the building shall be situated and enclosed by masonry walls and landscaping so as to be obscured from view from buildings, parking areas, streets and adjacent properties.

Permitted signs shall be the same as for the R-1 and R-2 Zones.

All directional and nameplate signs shall be of wood or painted, smooth-surfaced wood-like synthetic material and shall be sized and placed in accordance with § 50-302 of this chapter.

No permanent development identification sign shall be permitted. During construction only, a temporary sign announcing the development and the names of the architect, builder, bank or other entity involved in the development shall be permitted, provided such sign does not exceed 32 square feet in area nor six feet in height and is placed outside of any right-of-way line.

Appropriate site furnishings shall be incorporated into the site plan for the development, which shall include bicycle racks and may include flower boxes, arbors, planters, benches, fountains and decorative pavement materials, as approved by the Board.

Site furnishings as listed above and lighting fixtures shall be consistent in scale and architectural design with the buildings in the development and constructed of materials reflecting the style of the buildings on and adjacent to the property. Selection of site furnishings shall consider durability, aesthetics, and long-term maintenance costs.

Lighting shall be residential in character, subdued and shielded so as to prevent spillage into buildings and onto adjoining properties and shall otherwise comply with the lighting requirements of the Land Use Ordinance.

Lighting fixtures shall be mounted at the lowest appropriate height. Freestanding lighting fixtures shall not exceed an overall height of 12 feet.

Fences and walls adjacent to a street or interior common driveway or public sidewalk shall not exceed 2.5 feet in height. No interior fence or wall shall be higher than 4.5 feet in height.

Fences shall be of a decorative metal in a traditional cast-iron pattern or of decorative traditional wooden or simulated wood pickets. The type of fence shall be selected to complement the architectural style of the building(s). Fences shall be reinforced with larger posts at corners, entrances and gates and at forty-foot intervals. No chain-link fences shall be allowed.

Walls, if provided, shall be stucco, brick or local fieldstone or faced with local fieldstone or a similar material as approved by the Planning Board. If an alternative material is proposed, it shall be reviewed and favorably recommended by the Planning Board's Historical Architect and approved by the Planning Board.

Alternatively, hedges may be planted. Plant material used for hedges shall be native [see Subsection N(4) below for standards], shall be at least two feet high at the time of planting and allowed to grow no higher than four feet.

All new residential developments shall provide affordable housing on-site at the rate of 20% of the total proposed dwelling units, if the affordable units will be for sale, and at the rate of 15% of the total proposed dwelling units, if the affordable units will be for rent.

All affordable housing units shall be in full conformance with the Uniform Housing Affordability Controls (UHAC), except as to the percentage of very low-income housing units required, and with all regulations contained in Article XVI, Affordable Housing.

In the event that the applicable set-aside ratio results in a fraction of an affordable unit being required, the developer shall round up to the next whole number.

Where one affordable unit is provided, that unit shall be a low-income unit. Where two affordable units are provided, one unit shall be a very-low-income unit and one unit may be a moderate-income unit. Where three affordable units are provided, one unit shall be a very-low-income unit, one unit shall be a low-income unit, and one unit may be a moderate-income unit.

Landscaping, including the provision of street trees, shall be in conformance with § 50-707.

Landscaping shall be used to soften the corners and edges of buildings.

Street frontages shall be planted with shade trees as recommended on the Tree-Species-Planting-List.pdf and approved by the Borough's Shade Tree Commission.

The landscaping plan shall be reviewed and shall receive a favorable recommendation from the Planning Board's Landscape Architect and shall be approved by the Planning Board. The landscaping plan shall consist of native plants, trees and shrubs. Invasive species as defined by the New Jersey Invasive Species Strike Team Do Not Plant List (https://www.fohvos.info/wp-content/uploads/2020/06/Strike_Team_Do_Not_Plant_List_2020_04_24-1.pdf) shall be prohibited.

All buildings shall have entrances accessed by means of a walkway leading directly to the building from a common pedestrian walkway. Walkways shall be provided along all streets and/or all interior driveways and as needed to connect the buildings on the site to each other and to any common parking areas and amenities provided. Sidewalks shall also be provided as necessary both on- and off-site to facilitate pedestrian movement and connections to the existing public sidewalk system and to create opportunities for outdoor seating and gathering, placement of street furniture, etc.

Parking areas and pedestrian walkways shall be designed as attractive elements of the site in their own right with the use of trees, landscaping, and various building materials and textures. The use of pervious or partially pervious surfaces for walkways and parking areas is encouraged.

Bike racks shall be provided on the site to facilitate bicycle use.

The areas, elements and/or open space in the development to be owned and used in common by the individual owners in the development or to be used in common by the occupants of the development but owned by an independent corporate property owner or management agent, shall have such common areas, common elements and/or common open space shown on the site plan, fully dimensioned, and designated as to the area of responsibility and the extent and type of ownership and such other conditions of usage or occupancy which shall be legally established and recorded therefor, and a description or plan of each such area shall be filed separately or as part of the descriptive maps of the development with the Tax Assessor. This requirement may be satisfied by the filing of a master deed in connection with a condominium form of ownership or by the filing of a declaration of covenants, conditions and restrictions in connection with a homeowners' association, if applicable.

The landowner shall provide for and establish an entity for the ownership and maintenance or, if held under a condominium form of ownership, for the maintenance alone, of all common areas, common elements and open space for the benefit of residents of the development. Such entity shall not be dissolved and shall not dispose of any open space, by sale or otherwise (except to another entity conceived and established to own and maintain the open space for the benefit of such development), without first offering to dedicate same to the Borough of Frenchtown or other government agency.

The regulations of N.J.S.A. 40:55D-43b. and c. shall be applicable to the maintenance of any common open space.

As a condition of the approval of a proposed development, the Board shall require the adoption of certain binding rules and regulations or bylaws by the organization established to own and/or maintain common open space and other common areas, elements and/or structures located within the development. Such rules, regulations or bylaws shall not be changed without prior approval of the Borough Council, to ensure reasonable maintenance and adherence to any conditions of site plan approval.

The following retail uses, provided no single establishment shall have a gross floor area exceeding 2,500 square feet or the area of the first floor of any building existing as of January 1, 2000, whichever is less:

The following service uses, provided no single establishment shall have a gross floor area exceeding 2,500 square feet or the area of the first floor of any building existing as of January 1, 2000, whichever is less:

The following additional uses, provided such uses occupy only buildings constructed prior to January 1, 2000:

The following additional uses, provided such uses are located only above the ground level, unless expressly listed in Subsection B(1) or (2):

The following uses if and only if such uses existed on the premises as of January 1, 2000:

Permitted accessory uses.

Municipal building, firehouse and other municipal public purpose uses.

Municipal parks and playgrounds.

Groundwater remediation structures and equipment.

Outdoor displays: see § 50-309.

Wireless telecommunications towers and antennas: see § 50-309.

Maker studios on the ground floor, subject to the following conditions:

Yards for existing buildings.

Yards for new buildings.

Minimum lot requirements for new lots.

Minimum required floor area for any new building: 2,500 square feet, at least half of which shall be located above the first floor.

Maximum permitted floor area for any new or expanded building: 10,000 square feet, at least 2/3 of which shall be located above the first floor. A lot may contain more than one principal building.

Maximum building height: three stories and 35 feet or, if erected prior to January 1, 2000, the existing building height, whichever is greater.

Minimum and maximum floor area ratios.

All uses shall provide required off-street parking in the rear or side yard(s) in accordance with § 50-306, subject to the exemptions set forth in Subsection D(7)(e) and (f) above. No parking shall be provided in front of any building.

Adjoining parking areas shall be linked where possible.

The Board may consider granting variances from the parking requirements of § 50-306 where permitting such deviation would directly promote the retention of an existing structure of historic significance or the design of a new structure in accordance with all of the requirements of this section.

Building massing and scale.

Building materials.

Building details.

Signs.

Color. The painting of buildings in bold colors, patterns, trademark designs or other treatments of buildings as signs shall be prohibited except as artifacts of the building's past use or character if approved by the Board, subject to the requirements of § 50-302I.

Street furniture and lighting.

All of the permitted uses in the R-4A Zone subject to the requirements therefor at § 50-404B.

The following additional retail uses, provided no single establishment shall have a gross floor area exceeding 5,000 square feet or the area of any building existing as of January 1, 2000, whichever is less.

The following additional service uses, provided no single establishment shall have a gross floor area exceeding 5,000 square feet or the area of any building existing as of January 1, 2000, whichever is less.

Gasoline station/repair garage.

Bed-and-breakfast inn in a preexisting single-family dwelling.

Freestanding child-care centers and preschools.

Churches.

Wireless telecommunications towers and antennas.

Yards for existing buildings shall be as provided at § 50-404D(1).

Yards for new buildings.

Minimum lot requirements for new lots shall be as provided at § 50-404D(3).

The requirements of § 50-404D(4) through (7) with respect to minimum and maximum floor areas for new buildings, maximum building height and minimum and maximum floor area ratios shall also be applicable in this district.

All of the permitted uses in the R-4A district subject to the requirements therefor at § 50-404B.

Funeral home.

Office building with general or professional offices on all floors.

Bed-and-breakfast inn in a preexisting single-family dwelling.

Freestanding child-care centers and preschools.

Schools.

Churches.

Yards.

Minimum lot requirements for new lots shall be as set forth at § 50-404D(3).

Minimum required floor area for any new building: 2,500 square feet, of which at least half shall be located above the first floor.

Maximum permitted floor area for any new or expanded building: 10,000 square feet, at least half of which shall be located above the first floor. A lot may contain more than one principal building.

Maximum building height: three stories and 35 feet, or, if erected prior to January 1, 2000, the existing building height, whichever is greater.

Minimum and maximum floor area ratios: the minimum floor area ratio shall be sufficient to ensure conformance with Subsection D(3) above and the maximum floor area ratio shall be 0.35, except that where an existing building causes the lot to deviate from the minimum or maximum, the floor area ratio as it existed on January 1, 2000, shall be permitted on the lot for as long as the existing building is retained.

Maximum impervious surface coverage: 70% of the lot area.

All uses shall provide required off-street parking on-site in accordance with § 50-306, provided that, where off-street parking will be located such that it will be visible from a street, said parking shall be screened from direct view by a hedge at least four feet in height at time of planting.

Adjoining parking areas shall be linked where possible.

Machine or woodworking shop.

Fabricating of light metals.

Electronic assembly.

Mechanical assembly.

Storage of personal or local business inventory.

Packaging.

Research and development laboratories not using or producing any hazardous, toxic or noxious substances.

Medical laboratories.

Offices.

Electrical, painting and plumbing contractors.

Indoor commercial recreational uses.

Accessory uses and one-story accessory buildings customarily incidental to the permitted business uses, including parking lots, parking garages for up to four vehicles and child-care centers.

Municipal building, firehouse, public works garage and/or storage yard or other municipal public purpose uses.

Municipal parks and playgrounds.

Groundwater remediation structures and equipment.

Artisan food and beverage production, as defined in § 50-104 of this chapter.

Repair garage for automobiles (includes auto restoration), provided no gasoline or other motor fuels are sold on premises, subject to the regulations for gasoline stations/repair garages.

Wireless telecommunications towers and antennas.

One building may contain more than one use, provided that each use occupies a minimum gross floor area of 500 square feet. Moreover, the site may contain more than one principal building, provided that the maximum floor area ratio and impervious surface coverage limits for the zone are not exceeded.

The maximum floor area ratio on the site shall not exceed 0.50.

The maximum impervious surface coverage on the site shall not exceed 70%.

No principal building shall exceed 30 feet in height and two stories.

No principal building shall exceed 30,000 square feet in size.

All requirements of § 50-301M, Outdoor storage and storage tanks, shall be met.

Off-street parking and loading areas shall be provided as set forth in § 50-306, which off-street parking and loading areas shall be designed in accordance with the requirements of § 50-706 and shall be fully screened from public view as set forth at §§ 50-706A and 50-707.

Loading docks shall be located to the rear of principal buildings.

A minimum of one and maximum of three loading docks shall be provided for each principal building.

Access to parking lots shall be separated from access to loading docks to the extent possible.

All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as fencing, shrubbery, lawn area, ground cover, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of vegetation in the area and lessen the visual impact of the structures and paved areas. The final grades on the site shall be planned for both aesthetic and drainage purposes.

A buffer of 20 feet (minimum) shall be provided along any common lot line with a residential use or zone. Said buffer shall include screening in compliance with the requirements of § 50-707.

Buildings in this district shall be finished on all four sides with equivalent materials and shall be painted in a subdued color. Each building shall have one or more clearly demarcated public entrance(s) with pedestrian walkways leading between the parking lot and the entrance(s) and between the street and the entrance(s). Such pedestrian walkways shall be a minimum of four feet in width and shall be constructed of bituminous concrete or macadam unless a decorative paving alternative, acceptable to the Borough Engineer, is proposed.

If a fence in excess of six feet in height is erected within a front or side yard, evergreen shrubbery shall be planted between the fence and the street or adjoining property line to soften its impact.

Metal and vinyl awnings, aluminum, vinyl or vinyl-coated siding, metal panels and mirrored glass exterior surfaces shall be prohibited in this zone. Masonry construction is preferred.

Exterior mechanical and electrical equipment and utility structures shall be architecturally screened from public view.

Signs and lighting shall be as regulated at §§ 50-302 and 50-703, respectively.

Applicability. These overlay zone regulations are applicable only to designated portions of the R-5 and R-2 Zones lying between Harrison Street and the Delaware River and shown as overlay zones on the Zoning Map for the Borough of Frenchtown.

Purpose.

Within Overlay Zone A, each principal and accessory use allowed in the R-2 Zone, subject to the regulations of Subsection E below for such development.

Within Overlay Zone B:

Within Overlay Zone A, mixed-use live/work buildings, subject to the additional requirements of Subsection G below.

Home occupations in Overlay Zone A only.

Tract area. The tract area for any development under the overlay zone requirements of this section shall encompass the entirety of the land within any tax block having any overlay zone designation and controlled by a single owner or developer.

Density.

Utility services. All development under the overlay zone requirements shall be connected to public water and sanitary sewerage systems.

Lot and yard requirements.

Building and impervious surface coverage.

Building height. No building shall exceed 2 1/2 stories and 38 feet in height, exclusive of chimneys or cupolas.

Building separations and setbacks.

Building and impervious surface coverage.

Building height. No building shall exceed three residential stories, provided that the residential stories may be constructed over one level of structured parking, for a total of four stories, and further provided that the uppermost residential level shall not cover more than 75% of the roof surface of the level below. The maximum height of the residential floors of the building above the garage level shall be 40 feet measured from the finished floor elevation of the first residential level. Elevator shafts, roof-mounted mechanicals, cornices and parapets may be excluded from the calculation of building height. Separate buildings sharing a common elevator/service core may be separately measured.

Building sizes, scale and dimensions. The maximum width of any individual building shall not exceed 190 feet, and the maximum depth of any individual building shall not exceed 85 feet.

Locations of dwellings. No dwelling unit shall be confined exclusively to a basement or cellar.

The permitted nonresidential use within the live/work building must occupy all or part of the ground floor level only and must face either Harrison Street or Eighth Street.

Permitted nonresidential uses within the live/work building shall be limited to the studio, workshop, office, showroom or gallery of a residential occupant of the building and the following uses, provided the business owner is also a residential occupant of the building:

At least one entrance shall be provided to the building that is exclusive to the residential use within the live/work building.

Parking need not be provided for the nonresidential use within the live-work building, as long as the residential parking requirement is met.

If the front of the building is designed to have a storefront appearance, the first floor facade shall have a large, clear, glass window or windows occupying 50% to 70% of the first floor wall area to display goods. Large blank walls are prohibited. Storefront windows may be either typical large, single-paned windows or may have multiple smaller panes separated by mullions. All multiple-paned windows shall have true divided lights.

A shop front should be separated from the second floor above by a horizontal architectural element such as a cornice, frieze, molding, etc. If awnings or canopies are provided, they shall be of canvas or a modern material that mimics canvas with traditionally dyed colors in solids or stripes. Metal and vinyl awnings are prohibited.

Dwellings within Overlay Zone A.

Dwellings and buildings within Overlay Zone B.

Parking standards in Overlay Zone A.

Parking standards in Overlay Zone B.

The architectural design and materials used in the construction of garages and other accessory buildings shall conform to the design and materials used in the construction of the principal buildings to which such structures relate.

Setbacks for accessory structures in Overlay Zone A shall be five feet from the rear lot line and two feet from the side lot line.

Setbacks for accessory structures in Overlay Zone B shall be the same as for the principal buildings, and accessory structures shall not be located closer to each other nor to any principal building in Overlay Zone B than 20 feet.

No accessory structure shall exceed 1 1/2 stories and 22 feet in height.

The owner or designated agent or the organization established to own and maintain the open space(s) and other common elements within the Overlay Zone B portion of the development shall provide and maintain in a neat and sanitary condition, either outside of the buildings or within each building, appropriate containers for the orderly deposit, storage and removal of garbage and recyclables. Said owner or designated agent or the organization shall arrange and pay for the collection of garbage and recyclables on a regular basis.

All containers located outside of the building shall be situated and enclosed by masonry walls and landscaping so as to be obscured from view from buildings, parking areas, streets and adjacent properties.

Developments of rental dwelling units shall have a designated management agent, which agency may be located off-premises, provided that the name, address and twenty-four-hour telephone contact numbers of said agent are posted in several prominent locations within each building and registered with the Borough Clerk and Borough Police Department.

A condominium development in which an individual unit may be separately rented by its owner shall not be subject to this requirement.

Permitted signs in Overlay Zone A shall be the same as for the R-1 and R-2 Zones.

All directional and nameplate signs shall be of wood or wood-like materials and shall be sized and placed in accordance with § 50-302 of this chapter.

In Overlay Zone B, no permanent development identification sign shall be permitted. During construction within Overlay Zone B, a temporary sign announcing the development and the names of the architect, builder, bank or other entity involved in the development shall be permitted, provided such sign does not exceed 32 square feet in area nor six feet in height and is placed outside of any right-of-way line.

Appropriate street and site furnishings shall be incorporated into the site plan for the development including flower boxes, arbors, planters, benches, waste and recyclable receptacles and decorative pavement materials. All utility boxes and HVAC exterior equipment shall be screened by architectural elements or landscape plantings.

Street furniture (benches, trash receptacles, etc.) and lighting fixtures shall be consistent in scale and architectural design with the buildings in the development and constructed of materials reflecting the style of the buildings on and adjacent to the property. Selection of street furniture shall also consider durability, aesthetics, and long-term maintenance costs.

Lighting shall be subdued and shielded so as to prevent spillage into buildings and onto adjoining properties and shall otherwise comply with the lighting requirements of this Land Use Ordinance.

Lighting fixtures shall be mounted at the lowest appropriate height. No freestanding lighting fixture shall be higher than 12 feet.

Fences or walls shall be used to delineate private front, side and rear yard areas whether on individual lots or in multifamily or townhouse buildings with ground floor entrances to the units. Fences and walls located in front of the front building line shall be a maximum of three feet high. No fence or wall shall be higher than five feet.

Fences shall be of a decorative metal in a traditional cast-iron pattern or a decorative wooden picket type. The type of fence shall be selected to complement the architectural style of the building(s). Fences shall be reinforced with larger posts at corners, entrances and gates and at forty-foot intervals. No chain-link fences shall be allowed.

Walls shall be faced with fieldstone. Alternatively, hedges may be planted. Plant material used for hedges shall be at least two feet high at the time of planting and allowed to grow no higher than four feet.

All new residential developments shall provide affordable housing on-site at the rate of 20% of the total proposed dwelling units, if the affordable units will be for sale, and at the rate of 15% of the total proposed dwelling units, if the affordable units will be for rent. All affordable housing units shall be in full conformance with the Rules of the Council On Affordable Housing (COAH) rules and Uniform Housing Affordability Controls (UHAC).

In the event that the applicable set-aside ratio results in a fraction of an affordable unit being required, the developer may either provide an additional whole affordable unit on site or make a proportional payment in lieu of the fractional obligation. The amount of the payment in lieu shall be determined using the presumptive payment in lieu for Region 3 in COAH's Rules as the multiplicand and the fraction of a unit due as the multiplier. The result shall be the payment in lieu.

Any required payment in lieu shall be made prior to the issuance of the first construction permit for the development.

Frenchtown Borough shall deposit all payments in lieu of fractional obligations into the Borough's dedicated Affordable Housing Trust Fund and shall hold such payments in the trust fund until approval of a spending plan is granted by COAH. Thereafter, such funds shall be used for any purpose permitted by COAH in furtherance of the provision of affordable housing within the Borough.

Landscaping, including the provision of street trees, shall be in conformance with § 50-707 of this chapter.

Landscaping shall be used to soften the corners and edges of buildings.

Street frontages shall be planted with street trees of medium height such as Amur maple (Acer ginnala), Japanese Scholar tree (Sophora japonica), Green ash (Fraxinus caroliniana), etc., at an average spacing of 25 feet to 30 feet.

All buildings are required to have entrances accessed by means of a walkway leading directly to the building from a public or semipublic pedestrian walkway. Within Overlay Zone B, pedestrian walkways shall also be provided between all buildings and along all streets and/or all interior driveways and as needed to connect the buildings on the site to the surrounding neighborhood(s).

Parking areas and pedestrian walkways shall be designed as attractive elements of the site in their own right with the use of trees, landscaping, and various building materials and textures. The use of pervious or partially pervious surfaces for walkways and parking areas is encouraged.

Existing sidewalks shall be connected wherever there are gaps and missing links. Within Overlay Zone B, sidewalks shall extend from the building facade or interior alleys or mews to the curb for the purposes of facilitating pedestrian movement and creating opportunities for outdoor seating and gathering, placement of street furniture, etc.

The areas, elements and/or open space in the development to be owned and used in common by the individual owners in the development or to be used in common by the occupants of the development but owned by an independent corporate property owner or management agent, shall have such common areas, common elements and/or common open space shown on the site plan, fully dimensioned, and designated as to the area of responsibility and the extent and type of ownership and such other conditions of usage or occupancy which shall be legally established and recorded therefor, and a description or plan of each such area shall be filed separately or as part of the descriptive maps of the development with the Tax Assessor. This requirement may be satisfied by a master deed filed in connection with establishing a condominium form of ownership for the development in question.

The Borough of Frenchtown may, at any time and from time to time, accept the dedication of land, or any interest therein, for public use and maintenance, but no land proposed to be set aside for common open space shall be required to be dedicated or made available to public use as a condition of the approval of a site plan.

The landowner shall provide for and establish an organization for the ownership and maintenance or, if held under a condominium form of ownership, for the maintenance alone, of all common areas, common elements and open space for the benefit of residents of the development. 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), without first offering to dedicate same to the Borough of Frenchtown or other government agency.

The regulations of N.J.S.A. 40:55D-43b and c shall be applicable to the maintenance of any common open space.

As a condition of the approval of a proposed development, the Board may require that the organization established to own and/or maintain common open space and other common areas or elements or the structures located within the development adopt certain binding rules and regulations or bylaws, not subject to change without prior Borough approval, to ensure reasonable maintenance and adherence to any conditions of site plan approval.

Single-family detached dwellings, patio homes, side-by-side attached two-family dwellings, townhouses, and/or flats (apartments or condominiums) within the context of a planned retirement village as regulated herein.

Municipal parks and playgrounds.

Public or private golf course, which may include an accessory clubhouse and maintenance and storage building(s), as regulated at Subsections I and J hereinbelow.

Private recreational facilities for the exclusive use of the residents of a planned retirement village and their personal guests, which facilities may include sports courts, swimming pool(s), a community building, bocce and horseshoe courts, a putting green, picnic areas, bicycle and pedestrian paths and indoor and outdoor exercise facilities. Equipment storage, maintenance and utility structures shall also be permitted as part of a planned retirement village.

Community residence for the developmentally disabled, community shelter for victims of domestic violence, community residence for the terminally ill and community residence for persons with head injuries, on a lot meeting all of the requirements for the R-1 Zone.

Accessory uses and structures customarily incidental to the principal permitted uses in the R-6 Zone.

Groundwater remediation structures and equipment.

The minimum gross tract area for a planned retirement village shall be 100 acres.

The maximum permitted residential density of a planned retirement village shall be one dwelling unit per acre of developable tract area (see § 50-310).

A minimum of 70% of the site shall be left as open space. This open space shall be configured so as to leave a buffer of at least 100 feet between the proposed development and adjacent properties and to leave a substantial "greenbelt" to the southeast of the development area.

Development shall be prohibited in floodplains and in minimum riparian corridors and on wetlands and wetlands transition areas, except as may be permitted by NJDEP, and on slopes over 20%. Development on steep slopes shall be subject to the regulations of § 50-310. To the extent possible, areas of unique and mature vegetation shall be preserved from development. The foregoing critical areas and natural features shall be included in the required open space except as may be necessary to gain access to the development area of the site.

A minimum of one acre of the required open space shall be located in the center of the planned retirement village and shall be designed for use as a village green, surrounded by roadways on all four sides. The landscaping plan for the village green shall permit unobstructed views to and through the green. The green may contain a gazebo, band shell, patio and play areas, walkways and other similar improvements, but not buildings and parking areas, provided such improvements do not cover more than 25% of the village green area.

At least three different types of dwelling units shall be constructed within the planned retirement village, with a minimum of 20% and a maximum of 40% in any one unit type, except that single-family detached dwellings shall not comprise more than 30% of the units constructed. For each unit type, a range of unit sizes appropriate to an age-restricted community shall be provided as well, such that at least two different unit sizes are provided for each unit type.

The minimum net density in the development area shall be five dwelling units per acre, and the maximum net density shall be 10 dwelling units per acre, with at least 80% of the dwelling units located within one quarter mile of the village green.

All of the dwelling units within the planned retirement village shall be designed for occupancy by adult households having at least one member aged 55 years or older, except as otherwise provided herein, and with no children under the age of 19 years. An array of facilities and services specifically designed to meet the physical and social needs of adult households shall be provided as part of the development as further set forth herein.

Through its corporation, association or owners, the land and buildings within the planned retirement village shall be restricted, by bylaws, rules, regulations and restrictions of record, to use, ownership and occupancy by persons of 55 years of age or older, subject to the following exceptions, consistent with the requirements of the Federal Fair Housing Act, as amended:

The planned retirement village shall comply with all applicable requirements of the Federal Fair Housing Act and all amendments thereto and all applicable rules and regulations of the U.S. Department of Housing and Urban Development (HUD) regarding such use, ownership and occupancy and shall further comply with all applicable HUD rules and regulations for self-certification of compliance with the Act and with HUD's rules and regulations. The residency restrictions applicable to the development shall be reviewed by the Board Attorney for compliance with this section.

A planned retirement village development shall be served by a public water system and by a public or NJDEP-approved on-site sewage collection and treatment system. Where adequate sewage treatment capacity is not available in the existing public system, the developer shall have the option of either installing a separate sewage treatment facility to serve the development which shall meet all NJDEP requirements and all requirements of N.J.A.C. 5:21, the Residential Site Improvement Standards, or may elect to upgrade the Borough's existing sewage treatment plant and sewerage facilities to accommodate the effluent from the development.

Garages.

Fences.

Decks and porches.

Trash and recycling.

Recreation vehicle and boat storage. A separate area shall be created in the development for the at-grade parking and storage of recreation vehicles and boats belonging to residents of the development. Such area shall be completely screened from view from roadways and from the residential uses within and adjacent to the development. Such storage area may be located within a portion of the required open space on the tract.

Open space, buffering and landscaping.

Pathways. The design of the development shall include provisions for bicycle paths and pedestrian pathways, in addition to the sidewalks required by N.J.A.C. 5:21, the Residential Site Improvement Standards (RSIS), as part of the recreational amenities of the development. The sidewalk system in the vicinity of all of the units and around the village green shall be completely barrier-free.

Street furniture.

Access.

Building materials and design.

Parking.

All design requirements of N.J.A.C. 5:21, the Residential Site Improvement Standards (RSIS), and Article VII of this chapter shall be complied with, in addition to the special design requirements contained in this section.

Buildings on individual lots:

Condominium ownership. Buildings of the above types which will be held in condominium rather than fee simple ownership shall be designed such that the building separations would accommodate the subdivision of individual lots meeting the above requirements.

Additional parameters for each dwelling unit type.

Coverage by buildings and impervious surfaces. The maximum tract coverage by all buildings shall not exceed 8%. The maximum tract coverage by all impervious surfaces, inclusive of buildings but exclusive of drainage and stormwater detention or retention features, shall not exceed 25%.

A planned retirement village shall provide common recreational and community facilities for the exclusive use of its adult residents.

Areas set aside for recreational purposes shall provide facilities for active and passive recreation particularly suitable for adults aged 55 years or older. Such recreation shall include, as a minimum, a swimming pool and a multipurpose clubhouse building containing a minimum of 20 square feet per dwelling unit as well as two or more of the following: outdoor sitting areas; walking and bicycling paths; exercise trails; tennis, bocce, shuffleboard or horseshoe courts; chipping and putting greens; and similar appropriate active and passive recreational areas and facilities.

The clubhouse building shall be designed and equipped to meet the social and recreational needs of the anticipated residents. This may include hobby and craft rooms, lounge areas, meeting rooms, card rooms, exercise rooms, rooms providing support facilities for outdoor recreational facilities or other similar facilities, all as required to meet the needs of persons 55 years of age and older.

The development plan for the site, its developed facilities and the interior of residential units in a planned retirement village shall be specifically designed to meet the potential physical and social needs of the residents, specifically addressing the visual, auditory, ambulatory and other impairments that may affect older persons as residents age in place.

The areas, elements and/or open space in the development to be owned and used in common by the individual owners in the development or to be used in common by the occupants of the development but owned by an independent corporate property owner or management agent, shall have such areas, elements and/or open space shown on the site plan, fully dimensioned, and designated as to the area of responsibility and the extent and type of ownership and such other conditions of usage or occupancy which shall be legally established and recorded therefor, and a description or plan of each such area shall be filed separately or as part of the descriptive maps of the development with the Tax Assessor. This requirement may be satisfied by a master deed filed in connection with establishing a condominium form of ownership for the development in question.

The Borough of Frenchtown may, at any time and from time to time, accept the dedication of land, or any interest therein, for public use and maintenance, but no land proposed to be set aside for common open space shall be required to be dedicated or made available to public use as a condition of the approval of a site plan.

The landowner shall provide for and establish an organization for the ownership and maintenance or, if held under a condominium form of ownership, for the maintenance alone, of all common areas, elements and open space for the benefit of residents of the development. 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 spaces for the benefit of such development), without first offering to dedicate the same to the Borough of Frenchtown or other government agency.

The regulations of N.J.S.A. 40:55D-43b and c shall be applicable to the maintenance of the open space.

If any open space, wetlands or common areas on the tract are dedicated to and accepted by the Borough, the area of such portions of the tract shall nonetheless be included in calculating the permitted density of the development.

As a condition of the approval of a proposed development, the Board shall require of the organization established or to be established to own and/or maintain common open space and other common areas or elements or the structures located within the development that it adopt certain binding rules and regulations or bylaws, not subject to change without prior Borough approval, with respect to ensuring the objectives and purposes of reasonable maintenances. Said requirements of the Board may vary as to particular applications and the buildings, structures, and uses proposed therein; provided, however, that any such variation of requirements shall not be inconsistent with each other.

As a condition of preliminary approval of the development, the Board may provide for final approval of the plan and construction of the project in whole or in one or more sections or stages. If the development will occur in stages, such stages shall be:

Plans and specifications showing each section or stage shall be filed with the Board and shall be of sufficient detail and at such scale as to fully demonstrate the arrangement and locations of all proposed structures, uses, parking, driveways, roadways, landscaping, public and private utilities and service facilities and the proposed forms of ownership of all areas on the site.

The Board shall make the specific findings of fact set forth at N.J.S.A. 40:55D-45 in its resolution approving the development.

The tract on which the golf course is to be constructed shall comprise at least 125 acres.

The length of the golf course shall not be less than 6,500 yards per 18 holes.

The golf course shall be the sole principal use on the tract. In particular, there shall be no residential uses developed on the tract, whether in conjunction with the golf course or otherwise.

No portion of any golf tee, fairway or green shall be located closer than 100 feet to any tract boundary or public road right-of-way, except that cart paths may be located no closer than 50 feet to such boundaries or roads.

There shall be a direct driveway access to the golf course, over the tract, from a state road.

A vegetated buffer at least 100 feet wide, consisting of native trees, shrubs and ground cover, shall be provided and maintained between any turf area which will be treated with fertilizers or pesticides and the closest point of any 100-year floodplain; or if there is no floodplain, the top of bank of any permanent, nonseasonal stream or open water body, on or off site; except that up to 35% of such stream or pond frontage shall be exempt from this requirement, upon a showing of good cause by the applicant.

Gasoline-powered golf carts shall be prohibited on any golf course.

The golf course may include principal and accessory structures for the enjoyment of members and guests and for the maintenance of the golf course and golf-related facilities. The clubhouse may include a dining or grill room not exceeding 100 seats and a bar with a club license.

Area, yard and bulk regulations for the golf course shall be as follows:

Assurances shall be provided to the Board that all necessary utilities and services are available and adequate for the proposed development, including wastewater treatment, potable water and irrigation water.

The golf course shall be designed and situated to minimize conflicts with existing and future land uses, and the layout of the course shall provide safe locations for tees, fairways, greens and practice areas in relation to adjacent land uses and roadways, both on- and off-site.

The golf course shall be designed to minimize the opportunity for golf balls to be hit beyond the tract boundaries.

No more than 50% of the wooded area (as shown on the most recent aerial photographs available) shall be cleared, and any clearing beyond 35% of the wooded acreage of the tract shall be mitigated by replacement with native trees and shrubs elsewhere on the tract. Priority for such replacement shall be given to locations where stream corridors are not shaded by vegetation at the time of development.

No clearing, grading or site improvements related to the golf course shall be conducted in areas of 20% slope or greater, except that areas of play (tees, greens, bunkers, fairways and practice facilities) created as part of the golf course which result in new areas of steep slope shall not be deemed to violate this requirement.

An Integrated Turf Management Plan and Integrated Pesticide and Pest Management Plan shall be provided, which are specific to the operation and maintenance of the proposed golf course. These plans shall be prepared in accordance with guidelines established by the New Jersey Department of Environmental Protection (NJDEP), and shall take into account guidelines promulgated by the United States Golf Association (USGA) and the Golf Course Superintendents' Association of America (GCSAA). These plans shall use best management practices (BMPs) to prevent and/or minimize adverse impacts of the golf course on groundwater and surface water resources.

Assurances shall be provided that the owner/operator will take all steps to avoid any adverse impacts on surface water and groundwater which result from the operation of the golf course. Should any adverse impact result, the owner/operator shall correct the problem and mitigate the impacts. Monitoring of surface water and groundwater quality and quantity shall be provided by the owner(s) according to a plan prepared specifically for the proposed golf course and approved by the Board in consultation with the Borough Board of Health and in consultation with the Pesticide Control Program of the New Jersey Department of Environmental Protection (NJDEP). Such monitoring program shall detail the type, timing and frequency of testing, as well as identify the specific chemical parameters to be tested, and shall be established at the time the Integrated Turf Management Plan and the Integrated Pesticide and Pest Management Plans are approved by the Board. A continuing monitoring program shall be established by the New Jersey Department of Environmental Protection (NJDEP). The results of such water quality monitoring shall be submitted by the owner(s) to the Borough Board of Health and the Board within 30 days of receipt of such results by the owner(s). Also, continuous water table monitoring equipment (data log) shall be installed and maintained as specified by the Borough Board of Health. Test results of such water quality monitoring shall be submitted by the owner(s) to the Board of Health within 30 days of receipt of such results by the owner(s).

A water use budget and water recycling plan shall be prepared and submitted to the approving authority, which budget and plan shall be specific to the proposed golf course. The water use budget and water recycling plan shall detail the source(s) of potable and irrigation water, the projected amounts which will be required and the water supply capacity of any aquifer from which such water will be withdrawn, as outlined in "Water for the 21st Century: The Vital Resource - New Jersey Statewide Water Supply Plan," prepared by the New Jersey Department of Environmental Protection, Office of Environmental Planning (August 1996). The aquifer test plan shall be submitted to the Borough Planning/Zoning Board of Adjustment and Borough Board of Health at the same time it is submitted to the regulatory authority.

Following the installation of any well intended to serve as a water supply source for the golf course, and prior to the issuance of a construction permit, a pump test shall be conducted at the maximum projected pumping rate, according to Borough Board of Health standards, to assess the impact(s) on other well users in the vicinity, both within and outside of the Borough of Frenchtown. If significant well interference is demonstrated during interference tests on an existing well (observation well), the new well shall not be certified for use. In such instances, the applicant may be required to demonstrate why the documented well interference is not significant. If a significant adverse impact of interference cannot be remedied, certification of the new well may be denied by the Board of Health.

Wherever a waterway crossing is proposed, such crossing shall be designed to minimize the removal of trees and other shading vegetation; and all crossings shall be bridged, and not designed with culverts, except for access driveways.

Clearing, grading and other disturbances shall be designed to avoid the nesting, breeding and feeding areas of endangered and threatened animal species, and to avoid the locations of endangered and threatened plant species.

Construction of runoff collection ponds is encouraged for use as stormwater management devices and as sources of irrigation water.

Grasses selected for use on a golf course shall be drought and pest and disease resistant to minimize the use of chemicals and irrigation.

Soil erosion and sedimentation shall be minimized through golf course design which minimizes the need for mass grading for greens, tees and fairways; coordinated soil erosion and sediment control measures; and construction phasing which limits the extent of clearing and soil exposure, prior to revegetation.

Exterior site lighting shall be limited to safety and security needs and there shall be no spillover of lighting beyond the tract boundaries. The site lighting shall otherwise conform to the lighting requirements of this chapter.

Sufficient on-site parking shall be provided to satisfy the Board that the demand for parking can be met at the facility, and all areas designated for parking shall be located at least 200 feet from any tract boundary.

Best management practices shall be employed to maximize recharge of surface runoff where appropriate.

The golf course shall be designed to preserve the character of the viewshed and to minimize the visual impact of the golf course on the landscape.

Site plan approval shall be required for the golf course.

Parks and playgrounds which may contain active recreational facilities.

Public parking areas, as either an accessory or a principal use.

Conservation lands and areas.

Agricultural activities and gardens authorized by the public entity owning the land.

Boat-launching ramps.

Concessions authorized by the public entity owning the land.

Gazebos, band shells, bicycle paths, benches, picnic areas, pedestrian trails, water fountains, trash receptacles, public rest rooms, lighting fixtures and similar improvements specifically designed to enhance the public enjoyment of such lands.

Public uses and buildings, including but not limited to sewage treatment plants and public works facilities, operated by or for the Borough of Frenchtown.

Any privately owned lot existing as of June 1, 2011 in the R-7 Zone, may be used in accordance with the requirements for the R-2 Zone, and such lot may be further developed in accordance with the requirements for the R-2 Zone, subject to a demonstration pursuant to N.J.S.A. 40:55D-35 and 36 as to the adequacy of the access provided in the case of a landlocked lot and further subject to compliance with all applicable environmental protection regulations of the State of New Jersey and the Borough of Frenchtown, including but not by way of limitation, steep slopes, wetlands and wetlands transition areas, floodplains and C-1 stream buffers.

To promote private sector redevelopment of a former industrial site located along Harrison Street for mixed residential purposes, using forms and densities that are consistent with and complementary to the residential uses, forms and densities already existing along Harrison Street and Eight Street; and

To provide an opportunity for higher-density residential development on a substantial portion of the site that will enable a developer to set aside and reserve a portion of the total number of units constructed for occupancy by and affordability to qualified very-low-, low- and moderate-income households. Should the developer choose to market the affordable units as rental units, a set-aside of at least 15% of the total number of units constructed is required. Should the developer choose to market the affordable units as for sale units, a set-aside of at least 20% of the total number of units constructed is required.

Multifamily dwellings in apartment buildings containing up to three residential stories erected over an enclosed parking garage, provided that no such building shall be erected within 200 feet of the right-of-way of Harrison Street nor within 150 feet of the right-of-way of Eighth Street for a distance of 250 feet west of its intersection with Harrison Street.

Small lot detached single-family dwellings in the portions of the site lying within at least the first 85 feet adjacent to the right-of-way of Harrison and Eighth Streets for a distance of 250 feet west of its intersection with Harrison Street.

Attached single-family dwellings in buildings containing not more than two dwellings each lying within at least the first 85 feet adjacent to the right-of-way of Harrison and Eighth Streets for a distance of 250 feet west of its intersection with Harrison Street.

Mixed-use live/work buildings, in the portions of the site lying within at least the first 85 feet adjacent to the right-of-way of Harrison and Eighth Streets for a distance of 250 feet west of its intersection with Harrison Street, subject to the additional requirements of Subsection F below.

Individual detached garages serving the uses set forth in Subsection B(2) and (3) above, provided such garages are located behind the front building line of the principal building served.

Parking lots, private roads, maintenance buildings, open space and passive or active recreational facilities, and other common facilities customarily incidental to a multifamily development, provided such facilities are located beyond the area that is required to be developed with the uses set forth in Subsection B(2) and (3) above.

The existing water tower shall be maintained on the site, although it may be relocated within the site to facilitate the overall design plan. The wireless telecommunications antennas and equipment located on and near the water tower, respectively, may also be retained.

Minimum tract area. The minimum tract area shall be six acres, exclusive of any portions of the Eighth Street right-of-way not vacated as of September 1, 2017. Lots of less than six acres that are not merged with a tract having the required minimum acreage shall be developed in accordance with the R-2 Zone requirements.

Overall density and maximum number of units. The density of development for this zone shall not exceed 16.25 dwelling units per gross acre of land excluding any portions of the Eighth Street right-of-way not vacated as of September 1, 2017, nor more than 111 total units. Lots in this zone of less than the required minimum acreage shall be developed in accordance with the R-2 Zone requirements. Nothing herein shall be construed to prevent the merger of lots within this zone to create a larger tract area.

Utility services and stormwater management. All development shall be connected to public water and sanitary sewerage systems. Regardless of whether water quantity attenuation is required for the development, the design of the stormwater management plan shall incorporate water quality measures, such as rain gardens and other filtration systems. All on-site utility lines, including electric, cable and telephone service lines, shall be placed underground.

Lot and yard requirements.

Building height. No building shall exceed 2 1/2 stories and 38 feet in height, exclusive of chimneys or cupolas.

Building coverage. The area devoted to all buildings and accessory structures shall not exceed 50% of the lot area.

Impervious surface coverage. The area devoted to all buildings, accessory structures, parking areas, driveways, walkways and other compacted surfaces, whether paved or unpaved, shall not exceed 60% of the lot area.

Building separations and setbacks.

Building height. No building shall exceed three residential stories, provided that the residential stories may be constructed over one level of structured parking, for a total of four stories, and further provided that the uppermost residential level shall not cover more than 75% of the roof surface of the level below. The maximum height of the residential floors of the building above the garage level shall be 40 feet measured from the finished floor elevation of the first residential level. Elevator shafts, roof-mounted mechanicals, cornices and parapets may be excluded from the calculation of building height. Separate buildings sharing a common elevator/service core may be separately measured.

Building coverage. The area devoted to all buildings and structures shall not exceed 35% of the area remaining to the site after deducting the portion of the site to be devoted to single-family detached and single-family attached dwellings.

Impervious surface coverage. The area devoted to all buildings, structures, parking lots, driveways, pathways and other compacted surfaces, whether paved or unpaved, shall not exceed 60% of the area remaining to the site after deducting the portion of the site to be devoted to single-family detached and single-family attached dwellings.

Building sizes, scale and dimensions. The maximum width of any individual building shall not exceed 190 feet, and the maximum depth of any individual building shall not exceed 85 feet.

The permitted nonresidential use within the live/work building must occupy all or part of the ground floor level only and must face either Harrison Street or Eighth Street.

Permitted nonresidential uses within the live/work building shall be limited to the studio, workshop, office, showroom or gallery of a residential occupant of the building and the following uses, provided the business owner is also a residential occupant of the building:

At least one entrance shall be provided to the building that is exclusive to the residential use within the live/work building.

Parking need not be provided for the nonresidential use within the live-work building, as long as the residential parking requirement is met.

The building shall retain its residential appearance.

Exterior design.

Interior design.

Energy efficiency. Developments are encouraged to incorporate energy efficient "green building" design to the extent practicable to reduce long-term maintenance and utility costs. Suggestions for energy efficient design may be found in the NJ Green Building Manual (greenmanual.rutgers.edu).

The parking requirements set forth in the Residential Site Improvement Standards shall be applicable to all dwelling units. All required parking spaces shall be provided on-site in designated garages and/or parking spaces accessed from interior streets and driveways.

For single-family detached or attached dwellings, a garage may either be provided as a separate structure or within or attached to the principal structure, but in any case shall be located entirely behind the rear plane of the principal building. No garage doors shall be permitted to face Harrison Street, Eighth Street or the extension of Ninth Street.

Parking for single-family detached or attached dwellings may be provided in residential driveways not exceeding 20 feet in width and having a length of at least 18 feet clear of any roadway, interior common driveway or sidewalk area.

The parking of recreational vehicles and boats in driveways and common parking lots shall be prohibited.

The architectural design and materials used in the construction of garages, trash enclosures and other accessory buildings shall conform to the design and materials used in the construction of the principal building(s) to which such structures relate.

Minimum required setbacks for accessory structures shall be the same as those for principal structures.

No accessory structure shall exceed 1 1/2 stories and 22 feet in height. The existing water tower shall not be subject to this limitation.

Garbage and recycling containers for single-family detached and attached dwellings shall be able to be stored and shall be stored within garages (where provided) or within enclosed storage closets and shall be put out at the curb on collection days.

For multifamily dwellings in apartment buildings, the owner or designated agent or the organization established to own and maintain the open space(s) and other common elements within the development shall provide and maintain in a neat and sanitary condition, either outside of or within each apartment building, appropriate containers for the orderly deposit, storage and removal of garbage and recyclables. Said owner or designated agent or the organization shall arrange and pay for the collection of garbage and recyclables on a regular basis.

All containers located outside of the building shall be situated and enclosed by masonry walls and landscaping so as to be obscured from view from buildings, parking areas, streets and adjacent properties.

Permitted signs shall be the same as for the R-1 and R-2 Zones.

All directional and nameplate signs shall be of wood or painted, smooth-surfaced wood-like synthetic material and shall be sized and placed in accordance with § 50-302 of the Land Use Ordinance.

No permanent development identification sign shall be permitted. During construction only, a temporary sign announcing the development and the names of the architect, builder, bank or other entity involved in the development shall be permitted, provided such sign does not exceed 32 square feet in area nor six feet in height and is placed outside of any right-of-way line.

Appropriate street and site furnishings shall be incorporated into the site plan for the development, which shall include bicycle racks, and may include flower boxes, arbors, planters, benches, fountains and decorative pavement materials as approved by the Planning Board.

Site furnishings as listed above and lighting fixtures shall be consistent in scale and architectural design with the buildings in the development and constructed of materials reflecting the style of the buildings on and adjacent to the property. Selection of site furnishings shall consider durability, aesthetics, and long-term maintenance costs.

Lighting shall be subdued and shielded so as to prevent spillage into buildings and onto adjoining properties and shall otherwise comply with the lighting requirements of the Land Use Ordinance.

Lighting fixtures shall be mounted at the lowest appropriate height. No on-site freestanding lighting fixture shall be higher than 12 feet.

Fences or walls shall be used to delineate private front, side and rear yard areas whether on individual lots or in multifamily buildings with ground floor entrances to the units. Fences and walls adjacent to a street or interior common driveway or public sidewalk shall not exceed 2.5 feet in height. No interior fence or wall shall be higher than 4.5 feet in height.

Fences shall be of a decorative metal in a traditional cast-iron pattern or of decorative traditional wooden or simulated wood pickets. The type of fence shall be selected to complement the architectural style of the building(s). Fences shall be reinforced with larger posts at corners, entrances and gates and at forty-foot intervals. No chain-link fences shall be allowed.

Walls, if provided, shall be of brick or stucco or local fieldstone or faced with local fieldstone or a similar material as approved by the Planning Board. If an alternative material is proposed, it shall be reviewed and favorably recommended by the Planning Board's Historical Architect and approved by the Planning Board.

Alternatively, hedges may be planted. Plant material used for hedges shall be native [see Subsection P(4) below for standards], shall be at least two feet high at the time of planting and allowed to grow no higher than four feet.

All new residential developments shall provide affordable housing on-site at the rate of 20% of the total proposed dwelling units, if the affordable units will be for sale, and at the rate of 15% of the total proposed dwelling units, if the affordable units will be for rent.

All affordable housing units shall be in full conformance with the Uniform Housing Affordability Controls (UHAC), except as to the percentage of very-low-income housing units required, and with all regulations contained in the Borough's adopted Affordable Housing Ordinance.[1]

In the event that the applicable set-aside ratio results in a fraction of an affordable unit being required, the developer shall round up to the next whole number.

Landscaping, including the provision of street trees, shall be in conformance with § 50-707 of the Land Use Ordinance.

Landscaping shall be used to soften the corners and edges of buildings.

Street frontages shall be planted with shade trees as recommended on the Tree-Species-Planting-List.pdf and as approved by the Borough's Shade Tree Commission.

The landscaping plan shall be reviewed and shall receive a favorable recommendation from the Planning Board's Landscape Architect and shall be approved by the Planning Board. The landscaping plan shall consist of native plants, trees and shrubs. Invasive species as defined by the New Jersey Invasive Species Strike Team Do Not Plant List (https://www.fohvos.info/wp-content/uploads/2020/06/Strike_Team_Do_Not_Plant_List_2020_04_24-1.pdf) shall be prohibited.

All buildings shall have entrances accessed by means of a walkway leading directly to the building from a public or semipublic pedestrian walkway. Walkways shall be provided along all streets and/or all interior driveways and as needed to connect the buildings on the site to the surrounding neighborhood(s). Existing sidewalks shall be connected wherever there are gaps and missing links. Sidewalks shall also be provided as necessary to facilitate pedestrian movement and create opportunities for outdoor seating and gathering, placement of street furniture, etc.

Parking areas and pedestrian walkways shall be designed as attractive elements of the site in their own right with the use of trees, landscaping, and various building materials and textures. The use of pervious or partially pervious surfaces for walkways and parking areas is encouraged.

If the developer intends to seek the Borough Council's approval of the vacation of a portion of Eighth Street, and such vacation is approved by the Borough Council, it will result in an impediment to the existing public access to the towpath along the Delaware River. Consequently, to ensure continued public access to the towpath, bike accessways and pedestrian accessways shall be provided through the development to the towpath via the extensions of Eighth, Ninth and Tenths Streets or as approved by the Board and shall be protected by permanent public access easement(s). Ramps shall be constructed as needed to facilitate such public access over the bike accessways and pedestrian accessways.

Bike racks shall be provided on the site to facilitate bicycle use.

One or more crosswalks shall be provided between the development and the elementary school on the opposite side of Harrison Street. The placement of the crosswalk(s) shall be determined by the Borough Council in consultation with the Police Department and the Board of Education.

The areas, elements and/or open space in the development to be owned and used in common by the individual owners in the development or to be used in common by the occupants of the development but owned by an independent corporate property owner or management agent, shall have such common areas, common elements and/or common open space shown on the site plan, fully dimensioned, and designated as to the area of responsibility and the extent and type of ownership and such other conditions of usage or occupancy which shall be legally established and recorded therefor, and a description or plan of each such area shall be filed separately or as part of the descriptive maps of the development with the Tax Assessor. This requirement may be satisfied by the filing of a master deed in connection with a condominium form of ownership or by the filing of a declaration of covenants, conditions and restrictions in connection with a homeowners' association, if applicable.

The Borough Council may, at any time and from time to time, accept the dedication of land, or any interest therein, for public use and maintenance, but no land proposed to be set aside for common open space shall be required to be dedicated or made available to public use as a condition of the approval of a site plan, except that public bicycle and pedestrian access shall be provided through the development to the towpath over existing streets and extensions of existing streets.

The landowner shall provide for and establish an entity for the ownership and maintenance or, if held under a condominium form of ownership, for the maintenance alone, of all common areas, common elements and open space for the benefit of residents of the development. Such entity shall not be dissolved and shall not dispose of any open space, by sale or otherwise (except to another entity conceived and established to own and maintain the open space for the benefit of such development), without first offering to dedicate same to the Borough of Frenchtown or other government agency.

The regulations of N.J.S.A. 40:55D-43b and c shall be applicable to the maintenance of any common open space.

As a condition of the approval of a proposed development, the Board shall require the adoption of certain binding rules and regulations or bylaws by the organization established to own and/or maintain common open space and other common areas, elements and/or structures located within the development. Such rules, regulations or bylaws shall not be changed without prior approval of the Borough Council, to ensure reasonable maintenance and adherence to any conditions of site plan approval.

To promote private sector redevelopment/adaptive reuse of former industrial sites for multifamily residential purposes at densities high enough to enable the developer to reserve a portion of the total number of residential units created for occupancy by and affordability to qualified very-low-, low- and moderate-income households. Should the developer choose to market the affordable units as rental units, a set-aside of at least 15% of the total number of units constructed is required. Should the developer choose to market the affordable units as for sale units, a set-aside of at least 20% of the total number of units constructed is required.

Multifamily dwellings in apartment buildings containing up to three residential stories that may be erected over an enclosed parking garage (for a total of four stories) or that may be served by surface parking.

Parking lots, private roads, maintenance buildings, open space and passive or active recreational facilities, and other common facilities customarily incidental to a multifamily development.

Minimum tract area. The minimum tract area shall be 24,000 square feet.

Overall density and maximum number of units. The density of development for this zone shall not exceed 14 dwelling units per gross acre of land.

Utility services and stormwater management. All development shall be connected to public water and sanitary sewerage systems. Regardless of whether water quantity attenuation is required for the development, the design of the stormwater management plan shall incorporate water quality measures, such as rain gardens and other filtration systems. All on site utility lines, including electric, cable and telephone service lines shall be placed underground.

Building separations and setbacks. These standards apply to new construction only and shall not apply to existing buildings that are adapted for residential development, which buildings may retain their existing setbacks and distances between buildings.

Building height. No building shall exceed three residential stories, provided that the residential stories may be constructed over one level of structured parking, for a total of four stories, and further provided that the uppermost residential level shall not cover more than 75% of the roof surface of the level below. The maximum height of the residential floors of the building above the garage level shall be 40 feet measured from the finished floor elevation of the first residential level. Elevator shafts, roof-mounted mechanicals, cornices and parapets may be excluded from the calculation of building height. Separate buildings sharing a common elevator/service core may be separately measured.

Building coverage. The area devoted to all buildings and structures shall not exceed 50% of the area of the site, except that, where existing buildings already cover a larger area and are being retained and adaptively reused, the existing building coverage may be continued.

Impervious surface coverage. The area devoted to all buildings, structures, parking lots, driveways, pathways and other compacted surfaces, whether paved or unpaved, shall not exceed 75% of the area of the site, except that, on a site where the existing buildings are being retained and adaptively reused, any existing impervious surface coverage that already exceeds the 75% limit may be continued.

Building sizes, scale and dimensions. The maximum width of any individual building shall not exceed 190 feet, and the maximum depth of any individual building shall not exceed 85 feet, except that, where an existing building is being adaptively reused for residential purposes and has dimension(s) in excess of these maximums, these maximum dimensions shall not apply.

Exterior design of new or substantially altered buildings.

Interior design.

Energy efficiency. Developments are encouraged to incorporate energy efficient "green building" design to the extent practicable to reduce long-term maintenance and utility costs. Suggestions for energy efficient design may be found in the NJ Green Building Manual (greenmanual.rutgers.edu).

The parking requirements set forth in the Residential Site Improvement Standards shall be applicable to all dwelling units. All required parking spaces shall be provided on-site in designated garages and/or parking spaces accessed from interior driveways.

The parking of recreational vehicles and boats in driveways and common parking lots shall be prohibited.

The architectural design and materials used in the construction of garages, trash enclosures and other accessory buildings shall conform to the design and materials used in the construction of the principal building(s) to which such structures relate.

Minimum required setbacks for accessory structures shall be the same as those for principal structures.

No accessory structure shall exceed 1 1/2 stories and 22 feet in height.

For multifamily dwellings in apartment buildings, the owner or designated agent or the organization established to own and maintain the open space(s) and other common elements within the development shall provide and maintain in a neat and sanitary condition, either outside of or within each apartment building, appropriate containers for the orderly deposit, storage and removal of garbage and recyclables. Said owner or designated agent or the organization shall arrange and pay for the collection of garbage and recyclables on a regular basis.

All containers located outside of the building shall be situated and enclosed by masonry walls and landscaping so as to be obscured from view from buildings, parking areas, streets and adjacent properties.

Permitted signs shall be the same as for the R-1 and R-2 Zones.

All directional and nameplate signs shall be of wood or painted, smooth-surfaced wood-like synthetic material and shall be sized and placed in accordance with § 50-302 of the Land Use Ordinance.

No permanent development identification sign shall be permitted. During construction only, a temporary sign announcing the development and the names of the architect, builder, bank or other entity involved in the development shall be permitted, provided such sign does not exceed 32 square feet in area nor six feet in height and is placed outside of any right-of-way line.

Appropriate street and site furnishings shall be incorporated into the site plan for the development, which shall include bicycle racks, and may include flower boxes, arbors, planters, benches, fountains and decorative pavement materials, if appropriate and feasible, as approved by the Planning Board.

Site furnishings as listed above and lighting fixtures shall be consistent in scale and architectural design with the buildings in the development and constructed of materials reflecting the style of the buildings on and adjacent to the property. Selection of site furnishings shall consider durability, aesthetics, and long-term maintenance costs.

Lighting shall be subdued and shielded so as to prevent spillage into buildings and onto adjoining properties and shall otherwise comply with the lighting requirements of the Land Use Ordinance.

Lighting fixtures shall be mounted at the lowest appropriate height. No on-site freestanding lighting fixture shall be higher than 12 feet.

Fences and walls adjacent to a street or interior common driveway or public sidewalk shall not exceed 2.5 feet in height. No interior fence or wall shall be higher than 4.5 feet in height.

Fences shall be of a decorative metal in a traditional cast iron pattern or of decorative traditional wooden or simulated wood pickets. The type of fence shall be selected to complement the architectural style of the building(s). Fences shall be reinforced with larger posts at corners, entrances and gates and at forty-foot intervals. No chain-link fences shall be allowed.

Walls, if provided, shall be of brick or stucco or local fieldstone or faced with local fieldstone or a similar material as approved by the Board. If an alternative material is proposed, it shall be reviewed and favorably recommended by the Board's Historical Architect and approved by the Board.

Alternatively, hedges may be planted. Plant material used for hedges shall be native [see Subsection N(4) below for standards], shall be at least two feet high at the time of planting and allowed to grow no higher than four feet.

All new residential developments shall provide affordable housing on-site at the rate of 20% of the total proposed dwelling units, if the affordable units will be for sale, and at the rate of 15% of the total proposed dwelling units, if the affordable units will be for rent.

All affordable housing units shall be in full conformance with the Uniform Housing Affordability Controls (UHAC), except as to the percentage of very low-income housing units required, and with all regulations contained in the Borough's adopted Affordable Housing Ordinance.

In the event that the applicable set-aside ratio results in a fraction of an affordable unit being required, the developer shall round up to the next whole number.

Where one affordable unit is provided, that unit shall be a low-income unit. Where two affordable units are provided, one unit shall be a very-low-income unit and one unit may be a moderate-income unit. Where three affordable units are provided, one unit shall be a very low-income unit, one unit shall be a low-income unit, and one unit may be a moderate-income unit.

Landscaping, including the provision of street trees, shall be in conformance with § 50-707 of the Land Use Ordinance.

Landscaping shall be used to soften the corners and edges of buildings.

Street frontages shall be planted with shade trees as recommended on the Tree-Species-Planting-List.pdf and as approved by the Borough's Shade Tree Commission.

The landscaping plan shall be reviewed and shall receive a favorable recommendation from the Planning Board's landscape architect and shall be approved by the Planning Board. The landscaping plan shall consist of native plants, trees and shrubs. Invasive species as defined by the New Jersey Invasive Species Strike Team Do Not Plant List (https://www.fohvos.info/wp-content/uploads/2020/06/Strike_Team_Do_Not_Plant_List_2020_04_24-1.pdf) shall be prohibited.

All buildings shall have entrances accessed by means of a walkway leading directly to the building from a public or semipublic pedestrian walkway. Walkways shall be provided along all streets and/or all interior driveways and as needed to connect the buildings on the site to the surrounding neighborhood(s). Existing sidewalks shall be connected wherever there are gaps and missing links. Sidewalks shall also be provided as necessary to facilitate pedestrian movement and create opportunities for outdoor seating and gathering, placement of street furniture, etc.

Parking areas and pedestrian walkways shall be designed as attractive elements of the site in their own right with the use of trees, landscaping, and various building materials and textures. The use of pervious or partially pervious surfaces for walkways and parking areas is encouraged.

If the developer intends to seek the Borough Council's approval of the vacation of a street, and such vacation is approved by the Borough Council, it will result in an impediment to the existing public access to the towpath along the Delaware River. Consequently, to ensure continued public access to the towpath, bike accessways and pedestrian accessways shall be provided through the development to the towpath as approved by the Board and shall be protected by permanent public access easement(s). Ramps shall be constructed as needed to facilitate such public access over the bike accessways and pedestrian accessways.

Bike racks shall be provided on the site to facilitate bicycle use.

The areas and elements in the development to be owned and used in common by the individual owners in the development or to be used in common by the occupants of the development but owned by an independent corporate property owner or management agent, shall have such common areas and common elements shown on the site plan, fully dimensioned, and designated as to the area of responsibility and the extent and type of ownership and such other conditions of usage or occupancy which shall be legally established and recorded therefor, and a description or plan of each such area shall be filed separately or as part of the descriptive maps of the development with the Tax Assessor. This requirement may be satisfied by the filing of a master deed in connection with a condominium form of ownership or by the filing of a declaration of covenants, conditions and restrictions in connection with a homeowners' association, if applicable.

The Borough Council may, at any time and from time to time, accept the dedication of land, or any interest therein, for public use and maintenance, but no land proposed to be set aside for open space or other purposes shall be required to be dedicated or made available to public use as a condition of the approval of a site plan, except that public bicycle and pedestrian access shall be provided through the development to the towpath over existing streets and extensions of existing streets.

The landowner shall provide for and establish an entity for the ownership and maintenance or, if held under a condominium form of ownership, for the maintenance alone, of all common areas and common elements for the benefit of residents of the development. Such entity shall not be dissolved, by sale or otherwise except to another entity conceived and established to own and maintain such common elements for the benefit of such development.

The regulations of N.J.S.A. 40:55D-43b and c shall be applicable to the maintenance of common open space, if provided.

As a condition of the approval of a proposed development, the Board shall require the adoption of certain binding rules and regulations or bylaws by the organization established to own and/or maintain common areas and common elements and/or structures located within the development. Such rules, regulations or bylaws shall not be changed without prior approval of the Borough Council, to ensure reasonable maintenance and adherence to any conditions of site plan approval.

Attached single-family dwellings in buildings containing not more than two dwellings each.

Individual attached or detached garages serving the uses set forth in Subsection B(1) above, provided such garages are located behind the front building line of the principal building served and further provided that detached garages shall be accessed from the alley rather than from Eighth Street.

Minimum tract area. The minimum tract area shall be 20,000 square feet, exclusive of land in the public right-of-way.

Overall density and maximum number of units. The density of development for this zone shall not exceed 12 dwelling units per gross acre of land, excluding land in the public right-of-way, nor more than six total units.

Utility services and stormwater management. All development shall be connected to public water and sanitary sewerage systems. The design of the stormwater management plan shall incorporate water quality measures, such as rain gardens and other filtration systems. All on-site utility lines, including electric, cable and telephone service lines, shall be placed underground.

Yard and setback requirements.

Building height.

Impervious surface coverage. The area devoted to all buildings, accessory structures, parking areas, driveways, walkways and other compacted surfaces, whether paved or unpaved, shall not exceed 35% of the lot area.

Exterior design.

Interior design.

Energy efficiency. Developments are encouraged to incorporate energy efficient "green building" design to the extent practicable to reduce long-term maintenance and utility costs. Suggestions for energy efficient design may be found in the NJ Green Building Manual (greenmanual.rutgers.edu).

The parking requirements set forth in the Residential Site Improvement Standards shall be applicable to all dwelling units.

Garages may either be provided as a separate structure or within or attached to the principal structure, but in any case shall be located entirely behind the rear plane of the principal building. No garage doors shall be permitted to face Eighth Street or Milford Road.

Parking may be provided in residential driveways not exceeding 12 feet in width and having a length of at least 18 feet clear of any alley, roadway, interior common driveway or sidewalk area.

The parking of recreational vehicles and boats in driveways and common parking lots shall be prohibited.

Permitted signs shall be the same as for the R-1 and R-2 Zones.

All directional and nameplate signs shall be of wood or painted, smooth-surfaced wood-like synthetic material and shall be sized and placed in accordance with § 50-302 of the Land Use Ordinance.

No permanent development identification sign shall be permitted. During construction only, a temporary sign announcing the development and the names of the architect, builder, bank or other entity involved in the development shall be permitted, provided such sign does not exceed 32 square feet in area nor six feet in height and is placed outside of any right-of-way line.

Appropriate site furnishings shall be incorporated into the site plan for the development, which shall include bicycle racks and may include flower boxes, arbors, planters, benches, fountains and decorative pavement materials, as approved by the Board.

Site furnishings as listed above and lighting fixtures shall be consistent in scale and architectural design with the buildings in the development and constructed of materials reflecting the style of the buildings on and adjacent to the property. Selection of site furnishings shall consider durability, aesthetics, and long-term maintenance costs.

Lighting shall be residential in character, subdued and shielded so as to prevent spillage into buildings and onto adjoining properties and shall otherwise comply with the lighting requirements of the Land Use Ordinance.

Lighting fixtures shall be mounted at the lowest appropriate height. Freestanding lighting fixtures are discouraged in this zone, but, if deemed necessary by the Board, shall not exceed an overall height of 12 feet.

Fences or walls shall be used to delineate private front, side and rear yard areas. Fences and walls adjacent to a street or interior common driveway or public sidewalk shall not exceed 2.5 feet in height. No interior fence or wall shall be higher than 4.5 feet in height.

Fences shall be of a decorative metal in a traditional cast-iron pattern or of decorative traditional wooden or simulated wood pickets. The type of fence shall be selected to complement the architectural style of the building(s). Fences shall be reinforced with larger posts at corners, entrances and gates and at forty-foot intervals. No chain-link fences shall be allowed.

Walls, if provided, shall be of brick or stucco or local fieldstone or faced with local fieldstone or a similar material as approved by the Planning Board. If an alternative material is proposed, it shall be reviewed and favorably recommended by the Planning Board's Historical Architect and approved by the Planning Board.

Alternatively, hedges may be planted. Plant material used for hedges shall be native [see Subsection M(4) below for standards], shall be at least two feet high at the time of planting and allowed to grow no higher than four feet.

All new residential developments shall provide affordable housing on-site at the rate of 20% of the total proposed dwelling units, if the affordable units will be for sale, and at the rate of 15% of the total proposed dwelling units, if the affordable units will be for rent.

All affordable housing units shall be in full conformance with the Uniform Housing Affordability Controls (UHAC), except as to the percentage of very-low-income housing units required, and with all regulations contained in the Borough's adopted Affordable Housing Ordinance.[1]

In the event that the applicable set-aside ratio results in a fraction of an affordable unit being required, the developer shall round up to the next whole number.

Where one affordable unit is provided, that unit shall be a low-income unit. Where two affordable units are provided, one unit shall be a very-low-income unit and one unit may be a moderate-income unit. Where three affordable units are provided, one unit shall be a very-low-income unit, one unit shall be a low-income unit, and one unit may be a moderate-income unit.

Landscaping, including the provision of street trees, shall be in conformance with § 50-707 of the Land Use Ordinance.

Landscaping shall be used to soften the corners and edges of buildings.

Street frontages shall be planted with shade trees as recommended on the Tree-Species-Planting-List.pdf and as approved by the Borough's Shade Tree Commission.

The landscaping plan shall be reviewed and shall receive a favorable recommendation from the Planning Board's landscape architect and shall be approved by the Planning Board. The landscaping plan shall consist of native plants, trees and shrubs. Invasive species as defined by the New Jersey Invasive Species Strike Team Do Not Plant List (https://www.fohvos.info/wp-content/uploads/2020/06/Strike_Team_Do_Not_Plant_List_2020_04_24-1.pdf) shall be prohibited.

All buildings shall have entrances accessed by means of a walkway leading directly to the building from a public or semipublic pedestrian walkway. Walkways shall be provided along all streets and/or all interior driveways and as needed to connect the buildings on the site to the surrounding neighborhood(s). Existing sidewalks shall be connected wherever there are gaps and missing links. Sidewalks shall also be provided as necessary to facilitate pedestrian movement and create opportunities for outdoor seating and gathering, placement of street furniture, etc.

Parking areas and pedestrian walkways shall be designed as attractive elements of the site in their own right with the use of trees, landscaping, and various building materials and textures. The use of pervious or partially pervious surfaces for walkways and parking areas is encouraged.

Bike racks shall be provided on the site to facilitate bicycle use.

The areas and elements in the development to be owned and used in common by the individual owners in the development or to be used in common by the occupants of the development but owned by an independent corporate property owner or management agent, shall have such common areas and common elements shown on the site plan, fully dimensioned, and designated as to the area of responsibility and the extent and type of ownership and such other conditions of usage or occupancy which shall be legally established and recorded therefor, and a description or plan of each such area shall be filed separately or as part of the descriptive maps of the development with the Tax Assessor. This requirement may be satisfied by the filing of a master deed in connection with a condominium form of ownership or by the filing of a declaration of covenants, conditions and restrictions in connection with a homeowners' association, if applicable.

The landowner shall provide for and establish an entity for the ownership and maintenance or, if held under a condominium form of ownership, for the maintenance alone, of all common areas, common elements and common open space for the benefit of residents of the development. Such entity shall not be dissolved, by sale or otherwise, except to another entity conceived and established to own and maintain such common areas, elements and open space for the benefit of such development.

The regulations of N.J.S.A. 40:55D-43b and c shall be applicable to the maintenance of common open space, if any.

As a condition of the approval of a proposed development, the Board shall require the adoption of certain binding rules and regulations or bylaws by the organization established to own and/or maintain common open space and other common areas, elements and/or structures located within the development. Such rules, regulations or bylaws shall not be changed without prior approval of the Borough Council, to ensure reasonable maintenance and adherence to any conditions of site plan approval.

Multifamily dwellings.

A parking lot, open space and passive or active recreational facilities, as appropriate to a multifamily development.

Minimum site area. The minimum site area shall be 25,000 square feet of land.

Overall density and maximum number of units. The density of development permitted for this zone shall be 16 dwelling units per gross acre of land, not to exceed 10 dwelling units.

Utility services and stormwater management. All development shall be connected to public water and sanitary sewerage systems.

Building separation requirements.

Building height. No new building shall exceed three residential stories. The maximum height of a principal building shall not exceed 40 feet from the ground level at the front of the building to the highest point of the roof. Elevator shafts, roof-mounted mechanicals, cornices and parapets may be excluded from the calculation of building height. Separate buildings sharing a common elevator/service core may be separately measured.

Building coverage. The area devoted to all buildings and accessory structures shall not exceed 40% of the area of the site.

Impervious surface coverage. The area devoted to all buildings, structures, parking lots, driveways, pathways and other compacted surfaces, whether paved or unpaved, shall not exceed 80% of the area of the site.

Building sizes, scale and dimensions. The maximum dimensions of any individual new building shall not exceed 160 feet by 40 feet.

Exterior design of new or substantially altered buildings.

Interior design.

Energy efficiency. Developments are encouraged to incorporate energy-efficient "green building" design to the extent practicable to reduce long-term maintenance and utility costs. Suggestions for energy-efficient design may be found in the NJ Green Building Manual (greenmanual.rutgers.edu).

The parking requirements set forth in the Residential Site Improvement Standards shall be applicable to all dwelling units. All required parking spaces shall be provided on-site in designated parking spaces accessed from interior driveways, except that tandem parking is permitted in connection with the adaptive reuse of the existing buildings on the site.

The parking of recreational vehicles and boats in driveways and common parking lots shall be prohibited.

The architectural design and materials used in the construction of trash enclosures and other accessory buildings, if any, shall conform to the design and materials used in the construction of the principal building(s) to which such structures relate.

Minimum required setbacks for accessory structures shall be the same as those for principal structures.

No accessory structure shall exceed one story and 15 feet in height.

The owner or designated agent or the organization established to own and maintain the open space(s) and other common elements within the development shall provide and maintain in a neat and sanitary condition, either outside of or within each building, appropriate containers for the orderly deposit, storage and removal of garbage and recyclables. Said owner or designated agent or the organization shall arrange and pay for the collection of garbage and recyclables on a regular basis.

All containers located outside of the building shall be situated and enclosed by masonry walls and landscaping so as to be obscured from view from buildings, parking areas, streets and adjacent properties.

Permitted signs shall be the same as for the R-1 and R-2 Zones.

All directional and nameplate signs shall be of wood or painted, smooth-surfaced wood-like synthetic material and shall be sized and placed in accordance with § 50-302 of the Land Use Ordinance. Historic signs on existing buildings shall be permitted to remain.

No permanent development identification sign shall be permitted. During construction only, a temporary sign announcing the development and the names of the architect, builder, bank or other entity involved in the development shall be permitted, provided such sign does not exceed 32 square feet in area nor six feet in height and is placed outside of any right-of-way line.

Street and site furnishings shall be incorporated into the site plan for the development, as appropriate, which site furnishings shall include bicycle racks and may include flower boxes, arbors, planters, benches, fountains and decorative pavement materials as approved by the Planning Board.

Site furnishings as listed above and lighting fixtures shall be consistent in scale and architectural design with the buildings in the development and constructed of materials reflecting the style of the buildings on and adjacent to the property. Selection of site furnishings shall consider durability, aesthetics, and long-term maintenance costs.

Lighting shall be subdued and shielded so as to prevent spillage into buildings and onto adjoining properties and shall otherwise comply with the lighting requirements of the Land Use Ordinance.

Lighting fixtures shall be mounted at the lowest appropriate height. No on-site freestanding lighting fixture shall be higher than 12 feet.

Fences or walls shall be used to delineate yard areas. Fences and walls adjacent to a street or interior common driveway or public sidewalk shall not exceed 2.5 feet in height. No interior fence or wall shall be higher than 4.5 feet in height.

Fences shall be of a decorative metal in a traditional cast-iron pattern or of decorative traditional wooden or simulated wood pickets. The type of fence shall be selected to complement the architectural style of the building(s). Fences shall be reinforced with larger posts at corners, entrances and gates and at forty-foot intervals. No chain-link fences shall be allowed.

Walls, if provided, shall be of brick or stucco or local fieldstone or faced with local fieldstone or a similar material as approved by the Planning Board. If an alternative material is proposed, it shall be reviewed and favorably recommended by the Board's Historical Architect and approved by the Planning Board.

Alternatively, hedges may be planted. Plant material used for hedges shall be native [see Subsection N(4) below for standards], shall be at least two feet high at the time of planting and allowed to grow no higher than four feet.

All new residential developments shall provide affordable housing on-site at the rate of 20% of the total proposed dwelling units, if the affordable units will be for sale, and at the rate of 15% of the total proposed dwelling units, if the affordable units will be for rent.

All affordable housing units shall be in full conformance with the Uniform Housing Affordability Controls (UHAC), except as to the percentage of very-low-income housing units required, and with all regulations contained in the Borough's adopted Affordable Housing Ordinance.[1]

In the event that the applicable set-aside ratio results in a fraction of an affordable unit being required, the developer shall round up to the next whole number.

Where one affordable unit is provided, that unit shall be a low-income unit. Where two affordable units are provided, one unit shall be a very-low-income unit and one unit may be a moderate-income unit. Where three affordable units are provided, one unit shall be a very-low-income unit, one unit shall be a low-income unit, and one unit may be a moderate-income unit.

Landscaping, including the provision of street trees, shall be in conformance with § 50-707 of the Land Use Ordinance.

Landscaping shall be used to soften the corners and edges of buildings.

Street frontages shall be planted with shade trees as recommended on the Tree-Species-Planting-List.pdf and as approved by the Borough's Shade Tree Commission.

The landscaping plan shall be reviewed and shall receive a favorable recommendation from the Planning Board's Landscape Architect and shall be approved by the Planning Board. The landscaping plan shall consist of native plants, trees and shrubs. Invasive species as defined by the New Jersey Invasive Species Strike Team Do Not Plant List (https://www.fohvos.info/wp-content/uploads/2020/06/Strike_Team_Do_Not_Plant_List_2020_04_24-1.pdf) shall be prohibited.

All buildings shall have entrances accessed by means of a walkway leading directly to the building from a public or semipublic pedestrian walkway. Walkways shall be provided along all streets and/or all interior driveways and as needed to connect the buildings on the site to the surrounding neighborhood(s). Existing sidewalks shall be connected wherever there are gaps and missing links. Sidewalks shall also be provided as necessary to facilitate pedestrian movement and create opportunities for outdoor seating and gathering, placement of street furniture, etc.

Parking areas and pedestrian walkways shall be designed as attractive elements of the site in their own right with the use of trees, landscaping, and various building materials and textures. The use of pervious or partially pervious surfaces for walkways and parking areas is encouraged.

Bike racks shall be provided on the site to facilitate bicycle use.

The areas and elements in the development to be owned and used in common by the individual owners in the development or to be used in common by the occupants of the development but owned by an independent corporate property owner or management agent, shall have such common areas and common elements shown on the site plan, fully dimensioned, and designated as to the area of responsibility and the extent and type of ownership and such other conditions of usage or occupancy which shall be legally established and recorded therefor, and a description or plan of each such area shall be filed separately or as part of the descriptive maps of the development with the Tax Assessor. This requirement may be satisfied by the filing of a master deed in connection with a condominium form of ownership or by the filing of a declaration of covenants, conditions and restrictions in connection with a homeowners' association, if applicable.

The landowner shall provide for and establish an entity for the ownership and maintenance or, if held under a condominium form of ownership, for the maintenance alone, of all common areas and common elements for the benefit of residents of the development. Such entity shall not be dissolved by sale or otherwise except to another entity conceived and established to own and maintain the common elements for the benefit of such development.

As a condition of the approval of a proposed development, the Board shall require the adoption of certain binding rules and regulations or bylaws by the organization established to own and/or maintain common areas, elements and/or structures located within the development. Such rules, regulations or bylaws shall not be changed without prior approval of the Borough Council, to ensure reasonable maintenance and adherence to any conditions of site plan approval.

Attached single-family dwellings in buildings containing two to eight dwellings each.

Apartment (flats) units for low-, very-low- and moderate-income households created within the types of structures permitted in Subsection B(1) above such that, from the exterior of the building, such units will be indistinguishable from the market-priced units. The low- and moderate-income units may be in addition to the maximum of eight units otherwise permitted in the building.

Individual attached or detached garages serving the uses set forth in Subsection B(1) and (2) above. Low-, very-low- and moderate-income units need not have individual garages provided.

Minimum tract area. The minimum tract area shall be two acres.

Density. The density of development for this zone shall not exceed eight dwelling units per gross acre of land and a maximum of 18 units.

Utility services and stormwater management. All development shall be connected to public water and sanitary sewerage systems. The design of the stormwater management plan shall incorporate water quality measures such as rain gardens and other nonstructural filtration systems. All on-site utility lines, including electric, cable and telephone service lines, shall be placed underground.

Access. All buildings shall front on an interior street system. Kingwood Avenue shall be used to provide driveway or roadway access to the development as a whole but shall not be used to provide direct access to individual units within the development.

Perimeter buffer. A twenty-foot perimeter setback for landscaping and buffering purposes shall be provided along all tract boundaries, which may be pierced along Kingwood Avenue for purposes of creating access. This perimeter setback shall be in addition to the required setbacks from any individual lot lines created within the development.

Impervious coverage. The area devoted to all buildings, accessory structures, parking areas, driveways, walkways and other compacted surfaces, whether paved or unpaved, shall not exceed 55% of the tract area.

Common open space. The minimum common open space within the development shall be 30% of the tract area. The land in the perimeter buffer may be counted toward meeting this requirement.

Lot and yard requirements. Lots are not required to be created, but, where created, such lots shall meet the following requirements:

Yards, setbacks and impervious coverage on individual lots (if applicable); distances between buildings.

Building height.

Exterior design.

Interior design.

Energy efficiency. Developments are encouraged to incorporate energy efficient "green building" design to the extent practicable to reduce long-term maintenance and utility costs. Suggestions for energy efficient design may be found in the NJ Green Building Manual (greenmanual.rutgers.edu).

The parking requirements set forth in the Residential Site Improvement Standards shall be applicable to all dwelling units.

Garages may either be provided as a separate structure or within or attached to the principal structure, but in any case shall be stepped back behind the front plane of the principal building.

Parking may be provided in residential driveways not exceeding 12 feet in width and having a length of at least 18 feet clear of any alley, roadway, interior common driveway or sidewalk area.

The parking of recreational vehicles and boats in driveways and common parking lots shall be prohibited.

Permitted signs shall be the same as for the R-1 and R-2 Zones.

All directional and nameplate signs shall be of wood or painted, smooth-surfaced wood-like synthetic material and shall be sized and placed in accordance with § 50-302 of the Land Use Ordinance.

No permanent development identification sign shall be permitted. During construction only, a temporary sign announcing the development and the names of the architect, builder, bank or other entity involved in the development shall be permitted, provided such sign does not exceed 32 square feet in area nor six feet in height and is placed outside of any right-of-way line.

Appropriate site furnishings shall be incorporated into the site plan for the development, which shall include bicycle racks and may include flower boxes, arbors, planters, benches, fountains and decorative pavement materials, as approved by the Board.

Site furnishings as listed above and lighting fixtures shall be consistent in scale and architectural design with the buildings in the development and constructed of materials reflecting the style of the buildings on and adjacent to the property. Selection of site furnishings shall consider durability, aesthetics, and long-term maintenance costs.

Lighting shall be residential in character, subdued and shielded so as to prevent spillage into buildings and onto adjoining properties and shall otherwise comply with the lighting requirements of the Land Use Ordinance.

Lighting fixtures shall be mounted at the lowest appropriate height. Freestanding lighting fixtures shall not exceed an overall height of 12 feet.

Fences or walls shall be used to delineate private front, side and rear yard areas. Fences and walls adjacent to a street or interior common driveway or public sidewalk shall not exceed 2.5 feet in height. No interior fence or wall shall be higher than 4.5 feet in height.

Fences shall be of a decorative metal in a traditional cast-iron pattern or of decorative traditional wooden or simulated wood pickets. The type of fence shall be selected to complement the architectural style of the building(s). Fences shall be reinforced with larger posts at corners, entrances and gates and at forty-foot intervals. No chain-link fences shall be allowed.

Walls, if provided, shall be of brick or stucco or local fieldstone or faced with local fieldstone or a similar material as approved by the Planning Board. If an alternative material is proposed, it shall be reviewed and favorably recommended by the Planning Board's Historical Architect and approved by the Planning Board.

Alternatively, hedges may be planted. Plant material used for hedges shall be native [see Subsection M(4) below for standards], shall be at least two feet high at the time of planting and allowed to grow no higher than four feet.

All new residential developments shall provide affordable housing on-site at the rate of 20% of the total proposed dwelling units, if the affordable units will be for sale, and at the rate of 15% of the total proposed dwelling units, if the affordable units will be for rent.

All affordable housing units shall be in full conformance with the Uniform Housing Affordability Controls (UHAC), except as to the percentage of very-low-income housing units required, and with all regulations contained in the Borough's adopted Affordable Housing Ordinance.[1]

In the event that the applicable set-aside ratio results in a fraction of an affordable unit being required, the developer shall round up to the next whole number.

Where one affordable unit is provided, that unit shall be a low-income unit. Where two affordable units are provided, one unit shall be a very-low-income unit and one unit may be a moderate-income unit. Where three affordable units are provided, one unit shall be a very-low-income unit, one unit shall be a low-income unit, and one unit may be a moderate-income unit.

Landscaping, including the provision of street trees, shall be in conformance with § 50-707 of the Land Use Ordinance.

Landscaping shall be used to soften the corners and edges of buildings.

Street frontages shall be planted with shade trees as recommended on the Tree-Species-Planting-List.pdf and as approved by the Borough's Shade Tree Commission.

The landscaping plan shall be reviewed and shall receive a favorable recommendation from the Planning Board's Landscape Architect and shall be approved by the Planning Board. The landscaping plan shall consist of native plants, trees and shrubs. Invasive species as defined by the New Jersey Invasive Species Strike Team Do Not Plant List (https://www.fohvos.info/wp-content/uploads/2020/06/Strike_Team_Do_Not_Plant_List_2020_04_24-1.pdf) shall be prohibited.

All buildings shall have entrances accessed by means of a walkway leading directly to the building from a common pedestrian walkway. Walkways shall be provided along all streets and/or all interior driveways and as needed to connect the buildings on the site to each other and to any common parking areas and amenities provided. Sidewalks shall also be provided as necessary to facilitate pedestrian movement and create opportunities for outdoor seating and gathering, placement of street furniture, etc.

Parking areas and pedestrian walkways shall be designed as attractive elements of the site in their own right with the use of trees, landscaping, and various building materials and textures. The use of pervious or partially pervious surfaces for walkways and parking areas is encouraged.

A sidewalk connection shall be provided from the development to Kingwood Avenue and thence west to the intersection of Kingwood Avenue and Ridge Road.

Bike racks shall be provided on the site to facilitate bicycle use.

The areas, elements and/or open space in the development to be owned and used in common by the individual owners in the development or to be used in common by the occupants of the development but owned by an independent corporate property owner or management agent, shall have such common areas, common elements and/or common open space shown on the site plan, fully dimensioned, and designated as to the area of responsibility and the extent and type of ownership and such other conditions of usage or occupancy which shall be legally established and recorded therefor, and a description or plan of each such area shall be filed separately or as part of the descriptive maps of the development with the Tax Assessor. This requirement may be satisfied by the filing of a master deed in connection with a condominium form of ownership or by the filing of a declaration of covenants, conditions and restrictions in connection with a homeowners' association, if applicable.

The landowner shall provide for and establish an entity for the ownership and maintenance or, if held under a condominium form of ownership, for the maintenance alone, of all common areas, common elements and open space for the benefit of residents of the development. Such entity shall not be dissolved and shall not dispose of any open space, by sale or otherwise (except to another entity conceived and established to own and maintain the open space for the benefit of such development), without first offering to dedicate same to the Borough of Frenchtown or other government agency.

The regulations of N.J.S.A. 40:55D-43b and c shall be applicable to the maintenance of any common open space.

As a condition of the approval of a proposed development, the Board shall require the adoption of certain binding rules and regulations or bylaws by the organization established to own and/or maintain common open space and other common areas, elements and/or structures located within the development. Such rules, regulations or bylaws shall not be changed without prior approval of the Borough Council, to ensure reasonable maintenance and adherence to any conditions of site plan approval.

Revitalizing the commercial district;

Preservation of existing historic buildings and historic character of the downtown district;

Strengthening neighborhoods;

Providing economic development opportunities;

Providing a broader range of housing and business opportunities;

Providing a mixture of land uses;

Providing a pedestrian oriented environment; and

Utilizing high quality design standards.

Assemble parcels of land of sufficient size and dimension to enable an orderly arrangement of new land uses.

Ensure appropriate rehabilitation of existing historic buildings as well as new infill development through design standards.

Provide opportunities for new neighborhood retail services.

Provide new housing opportunities, including affordable housing.

Develop land use and building requirements specific to the redevelopment parcels that are sensitive to the adjoining neighborhoods.

Undertake infrastructure improvements involving streets, curbs, sidewalks, and parking.

Ensure a long-term productive reuse of each of the redevelopment parcels.

Promote an expanded retail economy by creating locations for new or improved commercial opportunities.

Create opportunities for new residential and commercial space, and additional public and private parking areas.

Replace or reuse obsolete industrial buildings with other uses.

Identify ownership of the vacant parcels and the most appropriate uses for these sites.

Based on the above, the goals and objectives of the Frenchtown Village Center Plan are substantially consistent with the Frenchtown Master Plan.

The "R-4A Central Commercial District" covers all but two of the 13 targeted parcels (See Table 3). The R-4A District permits a variety of retail, service, residential, food, and professional establishments with residences above the first floor. The R-4B Transitional Commercial District is similar to the R-4A District, but permits retail uses having a larger floor area.

The Village Center Plan envisions similar uses on the redevelopment parcels and its parameters are, therefore substantially consistent with the Frenchtown Land Use Ordinance.

Rehabilitation of commercial and residential uses.

Utility and infrastructure upgrades necessary to support the redevelopment plan.

Variation from the requirements set forth in this redevelopment plan may be necessary in certain unusual circumstances or to meet state or federal permit requirements.

A designated redeveloper may seek a waiver from the design standards, and the Planning Board may waive compliance with certain bulk, parking and/or design requirements if the designated redeveloper demonstrates that such waiver will not substantially impair the intent of the redevelopment plan, and will not present a substantial detriment to the public health, safety and welfare.

Permitted Uses in the Village Center Rehabilitation Area:

Conditional Uses. (See Section 50-309).

Uses prohibited in the R-4A zone. Any use not specifically permitted including drive-through and drive-up windows.

Area, Yard and Bulk Requirements.

All classes of cannabis businesses 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.

There are many buildings in Frenchtown's Central Business District that date back to the 19th and early 20th century. The standards presented herein recognize the unique heritage and historic character of development that has evolved in Frenchtown and seek to preserve the Borough's character and charm.

Notwithstanding the height and floor area ratio standards set forth in this Village Center Plan, no building found by the Planning Board to be a contributing or eligible structure in the Frenchtown National Historic District shall be demolished nor shall any such building be expanded or modified in a manner that is inappropriate to the building's architectural style and historic context. The objective of this Village Center Plan is to enhance the existing historic character of the Borough, and any development or redevelopment permitted under its terms shall be conditioned on the satisfaction of this objective.

All new buildings shall conform to the scale and architectural character of the surrounding neighborhood. Any portion of a parcel that is not necessary for building or parking purposes shall be appropriately landscaped. The existing views of neighboring properties should be considered in the planning and design of new infill development sites.

Any change of use or interior modifications of buildings within the Village Center Rehabilitation Area shall conform with the applicable requirements of the underlying zoning district (R-4A or R-4B), provided that no exterior changes requiring site plan review are proposed. Rehabilitation of existing buildings and new in-fill construction requiring site plan review within the Rehabilitation Area shall be subject to the area, yard and bulk requirements specified by the Borough Zoning Ordinance which are applicable to buildings situated in the R-4A Central Commercial Zone and R-4B Transitional Commercial Zone as set forth in Article IV of the Frenchtown Borough Land Use Ordinance, except as modified by Table 6.

All uses shall provide required off-street parking in accordance with all of the provisions set forth in § 50-306 of the Borough Zoning Ordinance. No parking shall be permitted in the front yard area (between the principal building and the street line).

In all cases, redevelopers are required to submit a parking plan for approval by the Frenchtown Planning Board during the course of the site plan review process. The parking plan shall address the required number of parking spaces and how the proposed parking plan will accommodate the required parking.

Redevelopment of lots of 35,000 square feet or more in area shall require that at least 80% of the required parking be provided in enclosed structures and in a form that blends with the character of the historic district and with the architecture of the principal buildings and is hidden from view from public ways and adjacent properties.

The rhythm of entrances, store fronts, windows, canopies, and awnings of new or renovated facades shall be consistent with the prevailing rhythm of such elements along the block. Building materials shall be compatible with the predominant materials already used on structures on and adjacent to the site. In the absence of such precedent, the exterior walls of buildings shall be made of traditional building materials such as stone, brick, wood, or stucco. Aluminum siding, vinyl, or vinyl coated siding, metal panels, and mirrored glass exterior surfaces are prohibited. Pole barns or prefabricated metal buildings are prohibited.

All exterior walls of buildings shall be designed to provide a visual diversity that is consistent with the architecture found throughout the Borough. Exterior walls shall include windows, doors, porches, pilasters, horizontal/vertical building elements and/or other similar architectural features to relieve the monotony of a blank wall and to achieve a human scale. Side and rear elevations of buildings shall be given appropriate architectural treatment which shall be comparable to that of the front facade, if visible to the public, and shall be otherwise compatible with the front facade, if not visible to the public.

Awnings/canopies should be made of canvas or modern materials that mimic canvas with traditionally dyed colors in solids or stripes. Metal and vinyl awnings are prohibited. For new buildings, the ratio of the height of various building elements to their widths shall be 1.618.

First floor facades intended for retail use must have large, clear storefront glass areas (50% to 70% of the area) to display the nature of the business and produce an interesting streetscape. Large blank walls are prohibited along any street. Storefront windows may be either typical large, single pane or multiple smaller panes separated by mullions. All multiple paned windows shall have true divided lights.

Each street-level shop shall have its own shop front. If several shop fronts are located in one building, they shall be unified in design treatment (e.g. the design of windows and door openings, the use of materials and colors). A shop front should be separated from the roofline or a second floor by a horizontal architectural element such as a cornice, frieze, molding, etc.

Upper floor uses are to be provided with separate exterior entrances unless a large common lobby or atrium is provided.

Flat, shed, gambrel, and mansard roofs are prohibited unless preexisting or demonstrated to be consistent with the traditional architectural style of buildings on and adjacent to the property. Otherwise, new roofs shall be gabled or hip roofs.

All street furniture (benches, newspaper boxes, phone booths, trash receptacles, etc.) shall be consistent in scale and architectural design and constructed of or enclosed with materials reflecting the style of the buildings on and adjacent to the property. Lighting shall be subdued and shielded so as to prevent spillage onto adjoining properties unless specifically approved for that purpose by the Board. Lighting fixtures shall be mounted at the lowest appropriate height.

Street and site furnishings shall be incorporated into the development including flower boxes, arbors, planters, benches, and waste receptacles. All utility boxes and HVAC exterior equipment shall be screened by architectural elements or landscape plantings.

Landscaped buffers between non-residential and residential uses shall be provided. Landscaping shall be used to soften the corners and edge of the buildings.

All street frontages should be planted with street trees of medium height such as Amur Maple (Acer ginala), Japanese Scholar Tree (Sophora japonica), Green Ash (Fraxinus caroliniana), etc. at an average spacing of 25 to 30 feet. Light foliaged trees such as honey locust, ash and ginko are encouraged in front of commercial uses to increase visibility of signage.

New residential and mixed-use development that includes dwelling units shall provide affordable housing at the rate of 20% of the total proposed dwelling units, if any of the affordable units are for sale, or at the rate of 15% of the total proposed dwelling units, if all of the affordable units will be for rent. In the event that the applicable set- aside ratio results in a fraction of an affordable unit being required, the developer shall make a Payment in Lieu of Set-aside to cover such fraction in the following manner:

The Payment in Lieu of Set-aside shall be calculated at the current rate for In Lieu Payments et forth in COAH's Rules for Housing Region 3 times the applicable fraction. By way of example, using COAH's 2008 rate for In Lieu Payments for Housing Region 3, if 1/2 of an affordable unit is due under the formula set forth above (i.e. 20% or 15% of all proposed dwellings, depending on the tenure of the affordable units to be provided), the Payment in Lieu of Set-Aside shall be 0.5 times $145,903, or a payment of $72,951.50.