Hillsdale City Zoning Code
ARTICLE XII
Zones Established
§ 310-48 Districts.
[Amended 6-8-1983 by Ord. No. 83-7; Added 2-12-1991 by Ord. No. 91-1; 6-12-2018 by Ord. No. 18-12; 6-12-2018 by Ord. No. 18-13; 12-14-2021 by Ord. No. 21-17]
For the purpose of this Part 4, the Borough of Hillsdale is divided into the following districts:
R-1 Residential
R-2 Residential
R-3 Residential
R-4 Residential
REC Recreational
C Commercial
I Industrial
SC Senior Citizen Housing
T/C Townhouse Complex
MU-1 Mixed-Use 1
MU-2 Mixed-Use 2
Multifamily Overlay District
§ 310-49 Zoning Map.
[Amended 2-12-1991 by Ord. No. 91-1]
The boundary lines of all districts shall be as shown on the map included as an attachment to and made part of this chapter, known as the Zoning Map of the Borough of Hillsdale, dated January 2, 1991. Said map and all notations and references thereon are hereby incorporated herein and declared to be a part of this chapter.
A.
Zoning Map amendments.
(1)
Ord. No. 18-12: The Official Zoning Map shall be changed for Block 1201, Lot 11 to create the MU-1 District.
(2)
Ord. No. 18-13: The Official Zoning Map shall be changed for Block 1102, Lots 2, 3, 4 to create the MU-2 District.
(3)
Ord. No. 20-15: The Official Zoning Map shall be changed to include the redevelopment area per the boundaries described in the redevelopment plan and all of the provisions of the Hillsdale-Patterson Street Redevelopment Plan.[1]
[1]
Editor's Note: This redevelopment plan is on file in the office of the Borough Clerk.
§ 310-50 Senior citizen housing: special regulations.
[Added 6-8-1983 by Ord. No. 83-7]
A.
For the purpose of this section, "SC" (Senior Citizen Housing District) as heretofore established under Subsection B shall be deemed to mean one or more dwelling units intended and specifically designed to provide well-constructed and adequate housing for elderly persons having low or moderate income, which housing shall conform to all the requirements and guidelines established by the U.S. Department of Housing and Urban Development and/or the New Jersey Housing and Finance Agency, whichever are the more stringent with respect to cost limitation, construction, rental costs, selling prices and other standards for low- and moderate-income senior citizens housing; and further provided that the applicant for construction of such housing shall participate in federal and/or state subsidy programs for such housing in order that shelter costs shall be initiated and maintained at the lowest feasible amounts. Such housing shall be occupied by individuals 62 years of age or older. One person under age 62 may reside in a dwelling unit with an elderly person or persons as permitted above if the presence of such person is essential to the physical care or economic support of the elderly person or persons. Each dwelling unit shall consist of complete living accommodations and individual bathroom facilities.
B.
In addition, such a housing project may contain, as necessary accessory uses thereto recreational facilities, workshop facilities, living and dining areas for the common use of project residents, central kitchen facilities where food may be prepared for serving either in a common dining area or for distribution to individual dwelling units, stores, shops and offices for the sale of goods or rendering of services only to residents of the project, provided that such business uses shall not be noticeable beyond lot lines and no outside advertising shall be permitted. Such accessory uses shall be subject to prior written approval of the Planning Board of the Borough of Hillsdale.
C.
Procedure.
(1)
The applicant shall obtain site plan approval from the Planning Board of the Borough of Hillsdale in accordance with this chapter.
(2)
The application for a site plan approval for a development within the SC District shall be on forms provided by the Planning Board.
(3)
At the time of filing said application, the applicant shall pay the normal major site plan fee unless waived by the Planning Board.
(4)
The Planning Board shall thereupon conduct a hearing on the application and shall determine if in its judgment the use will meet the intent and objectives of senior citizen housing as defined therein and will not be detrimental to the health, safety and general welfare of the Borough of Hillsdale.
(5)
The Planning Board shall have the authority to require the applicant to furnish such other information necessary to show proper assurance and guaranties to the Borough that the proposed project will be developed, constructed and maintained in the manner, form and within the limitations set forth in the application, plans, specifications, conditions and regulations governing and as may be required for the protection of the health, welfare and safety of the citizens of the Borough. The Planning Board may require such documents or information as it may deem necessary to show proper compliance by the said applicant with all of the standards, regulations and provisions of the Borough ordinance or such of them as may be applicable.
(6)
The Borough may require the applicant to furnish a performance guaranty for the purpose of assuring the completion of streets, drainage facilities and areas, storm sewers, installation of water and sewer, sidewalks, landscaping, monuments, street signs, fire hydrants, internal fire alarm boxes, parking areas, driveways, walkways, lighting, lakes and dams and all other improvements required by the Planning Board within the boundaries of the project on the lands of the applicant or public lands or on public roadways for the insurance of adequate safety, health and welfare of the citizens of the Borough and the citizens to occupy the project. The Borough may also require performance guaranties for off-tract drainage facilities, roadways, sidewalks, curbs and waterway improvements as it shall deem necessary due to the impact upon said facilities or the necessity for said facilities created or caused by the construction of and use and occupancy of the project.
(7)
The Planning Board may attach such conditions for such a project as it may deem necessary to ensure delivery of proper water supply, disposal of waste, garbage, trash, junk and other unhealthful accumulations, drainage, police of the project, assurance of ingress and egress by the police, health and fire inspection officials of the Borough to guarantee the maintenance of facilities to be used by the residents of the said project.
(8)
No building permit shall be issued for any such project until and unless the Mayor and Council of the Borough of Hillsdale have, by resolution or ordinance, executed and approved an enforceable contract for contributions in lieu of taxes, unless said building is to be fully assessable as a ratable within the Borough of Hillsdale.
D.
It is the express intent that the foregoing regulations specifically apply to the SC District (Senior Citizen Housing) and are in addition to the requirements set forth under § 310-89, Site plan and major subdivision plat details: preliminary approval, regulations which are deemed applicable to this District.
§ 310-51 Townhouse development in recreational zone.
[Added 2-28-1989 by Ord. No. 89-4]
A. DEVELOPMENT AREA IMPERVIOUS AREA TOWNHOUSE BUILDING TOWNHOUSE COMPLEX
Definitions.
The entire tract area not including areas dedicated for future public roadway widening by deed or easement.
That area covered by bituminous concrete, Portland cement concrete, buildings or any other surface which is commonly assigned a runoff coefficient of 0.70 or higher.
A building containing three to six dwelling units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more fire-resistant walls.
One or more townhouse buildings on an entire development site.
B.
Area and yard requirements.
(1)
Minimum tract size for a townhouse complex development shall be six acres. A minimum of 200 feet of frontage on one arterial or collector street shall be required. All plans shall delineate the boundaries of the portion(s) of the tract devoted to each use.
(2)
Front yard setback. The minimum front yard setback along a municipal or county road on which the lot abuts shall be 50 feet. The minimum front yard along all other streets shall be 30 feet.
(3)
Side yard setback. The minimum width of a side setback yard shall not be less than 20 feet unless the side yard abuts a single-family residential use or zoning district line. In such cases the side yard requirement shall be increased to 25 feet.
(4)
Rear yard setback. The minimum width of a rear yard shall not be less than 25 feet unless the rear yard abuts a single-family residential use or zoning district line. The rear yard requirement shall be 50 feet.
(5)
Minimum yard areas. The total minimum distance between townhouse buildings shall be at least the sum of two abutting yard areas. No townhouse building, as measured radially from any corners, shall be closer to any other building corner than the combined distances of the side yard requirements for each townhouse building. The combined distance of two side yards shall exclude any driveway or vehicular access, such driveway or vehicular access width being in addition to the combined side yard width.
(6)
Recreation areas and facilities. Land area equal to at least 560 square feet for each dwelling unit shall be specified on the site plan and improved by the developer as active recreation areas for use by the residents of the development. Such areas shall be an integral part of the development, and each shall be at least 1/2 acre and at least 100 feet wide. Active recreation areas shall include facilities such as residential swimming pool(s), regulation doubles tennis courts, tot-lots and playgrounds. The reviewing municipal agency may consider other recreational facilities to be constructed in lieu of and as alternative equivalents of the aforesaid pool and tennis facilities, provided that they would seem to be appropriate substitutes thereof.
C.
Townhouse buildings. No townhouse complex shall be constructed in the Borough unless the complex is part of an approved site plan and unless the following minimum standards are met, in addition to Part 5, Subdivision and Site Plan Review, of this chapter:
(1)
No development shall exceed six dwelling units per acre of development area.
(2)
No building shall exceed 25 feet in height or 2.5 stories.
(3)
No dwelling unit shall be less than 24 feet wide. Building coverage shall not exceed 20% of the development area.
(4)
Impervious area shall not exceed 40% of the area development, except pavers with open/sand joints.
(5)
More than one principal building is permitted on the site.
(6)
All utilities within the townhouse site shall be installed underground.
(7)
Each townhouse complex shall provide for the private removal of trash, garbage and recyclables. Dwelling units shall be designed to provide for storage of trash, garbage and recyclables subject to municipal agency approval.
(8)
Architectural treatments.
(a)
Each townhouse building in the complex shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit. The reviewing body shall have the ultimate power to approve the architectural plans.
(b)
There shall be at least three different ridge line heights in each townhouse building, which shall vary by at least three feet. In any townhouse building, no more than two adjacent dwelling units shall have the same setback. Setbacks shall vary by at least five feet.
(9)
All signs installed within the development area shall be aesthetically pleasing and designed with a consistent theme. The design theme should incorporate letter style, construction material and type of pole. The color of the letters and background should be carefully considered in relation to the color of the townhouse buildings, without violating regulatory sign colors as set forth in the current edition of the Federal Manual of Uniform Traffic Control Devices.
(10)
After the general layout and location of roads and buildings has been established, but before preliminary approval has been obtained, a meeting shall be held between the Environmental Commission and the applicant to develop a landscaping theme that is acceptable to the Borough.
(11)
Each principal or accessory building shall contain a single master television antenna system which shall serve all dwelling units within the building. Outdoor television antennas are prohibited.
(12)
Common mail collection facilities shall be provided at the ratio of one for every two townhouse buildings.
(13)
No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Each dwelling unit shall have specific areas allocated with enough floor space to contain a washing machine and a dryer.
(14)
Garages.
(a)
Garages shall be provided for each dwelling unit, shall have a floor area of not less than 240 square feet and shall be attached to the dwelling unit.
(b)
Garages and other accessory buildings shall be approved on an individual basis as to type, placement and style and shall be no more than one story in height. The architectural design and materials used in the construction thereof shall conform to the design and building materials used in the construction of the townhouse buildings. No part of any garage or other accessory building shall be used for living purposes.
(15)
Parking shall be prohibited on all access and interior roads of the site. Off-street parking spaces shall be provided as follows:
Minimum Average Spaces Per Dwelling Unit (including garages) | Minimum Number of Garages Required | |
|---|---|---|
1-bedroom unit | 2 | 1 |
2-bedroom unit | 2.5 | 2 |
3-bedroom unit | 3.5 | 2 |
D.
Accessory uses and buildings permitted in a townhouse development complex. The following are permitted accessory uses and buildings:
(1)
One swimming pool, to be operated by the townhouse complex.
(2)
Off-street parking.
(3)
Fences and walls.
(4)
Signs.
(5)
One building, to provide facilities for management of a townhouse complex, and/or a community clubhouse.
(6)
No accessory uses or buildings are permitted other than those set forth above.
(7)
Accessory buildings shall meet all dimensional and aesthetic requirements applied to principal buildings.
(8)
The height of accessory buildings shall not exceed 15 feet.
E.
Appurtenant requirements.
(1)
The Planning Board shall have the authority to require the applicant to furnish such other information necessary to show proper assurance and guaranties to the Borough that the proposed project will be developed, constructed and maintained in the manner, form and within the limitations set forth in the application, plans, specifications, conditions and regulations governing and as may be required for the protection of the health, welfare and safety of the citizens of the Borough. The Planning Board may require such documents or information as it may deem necessary to show proper compliance by the said applicant with all of the standards, regulations and provisions of the Borough ordinance or such of them as may be applicable.
(2)
All roadways in the townhouse complex shall be constructed, maintained and be the responsibility of the townhouse complex association. This includes but is not limited to snow removal, leaf collection, street cleaning, resurfacing, repair and storm drainage.
(3)
Post-development stormwater runoff rate shall not exceed the predevelopment runoff rate.
(4)
Impact assessment. The applicant or developer shall, as part of the submission of a townhouse development to the Planning Board and in compliance with an application for preliminary approval of major or minor subdivision or site plan approval, submit an environmental impact statement relative to the proposed project submitted for approval to the Planning Board. The purpose of requiring an environmental impact statement is to permit the Planning Board and the Borough of Hillsdale to assess the impact of the proposed project upon the environment, especially with respect to water and air resources, pollution of all kinds, drainage, waste disposal, the landscape or any other pertinent or environmental factors.
(5)
In reviewing an environmental impact statement, the Planning Board shall take into consideration the effect of the applicant's proposal upon all aspects of the environment. The Planning Board shall submit the environmental impact statement for review and comment to the Environmental Commission and to such other governmental bodies and to such consultants as it may deem appropriate. The Planning Board shall approve the environmental impact statement only if it determines that the proposed development has been designed with adequate safeguards as needed to protect the environment.
(6)
Assessment of the anticipated impact of project. The assessment shall include an analysis of the public costs, including but not limited to the costs of additional schools, roads, police, fire protection, water supply, sewage disposal and other similar direct and indirect costs of the project, including the effect on recreational facilities, open space and other similar municipal services. The assessment shall include supporting data, the source of the data and the basis for assumptions, and, when possible, it shall describe the anticipated impacts with reference to standards as may be determined by federal, state and local statutes.
F.
Homeowners' association.
(1)
There shall be established in the townhouse development a homeowners' association which shall own open spaces, common areas and recreational open space areas and facilities for the purposes of owning and maintaining such areas designated within the development, provided that the Planning Board and the Mayor and Council of the Borough of Hillsdale are satisfied between the association and each property owner in the form of a covenant, with each agreeing to liability for his or her pro rata share of the association's costs.
(2)
The association shall maintain the common property and all facilities thereon, and, in case of a default by the association, the Borough of Hillsdale shall have the power to maintain the common property, open spaces, recreational open space areas and facilities in accordance with the provisions of N.J.S.A. 40:55D-43.
(3)
Said homeowners' association shall not be dissolved and shall not dispose of any common areas, open spaces, recreational open spaces areas and facilities by sale, conveyance or otherwise, except to an organization conceived and established to own and maintain the open spaces, common areas, recreational open spaces areas and facilities for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its common areas, open spaces, recreational open space areas and facilities without first offering to dedicate the same to the Borough of Hillsdale; provided, however, that the Borough of Hillsdale agrees to accept such.
§ 310-52 District boundaries.
Where uncertainty exists as to any boundaries shown on said map, the following rules shall apply:
A.
District boundary lines are generally intended to follow existing lines, such as the center lines of streets, railroad rights-of-way, streams and lot lines as they exist of record at the time of passage of this chapter, unless such boundary lines are fixed by dimensions shown on the Zoning Map.
B.
If such boundary lines are not fixed on the Zoning Map by dimensions and they approximately follow lot lines and they do not scale more than 10 feet distant therefrom, such lot lines shall be construed to be such boundary lines.