Front yards. No accessory structure shall be located in the front yard of the lot. Where the property line is separated from the street line by a park, recreation area or similar type use, the depth of which is at least 40 feet, the front yard setback requirements may be relaxed, but in no case shall the setback from the lot line be less than 35 feet.

Interior roads. No structure shall be closer to interior roads than 30 feet.

Access drives. No structure shall be closer to access drives than 25 feet.

There shall be no dwelling unit in the basement or above the second story of any multiple-dwelling structure; however, this restriction shall not prohibit the use of basements for storage, game rooms and like purposes.

Not less than 90% of the total number of dwelling units shall be one-bedroom units or studio apartments except in the case of mixed developments, i.e., garden apartments and townhouses. Under no circumstances shall any dwelling unit consist of more than two bedrooms.

"Townhouse dwelling unit" shall mean one of a series of single-family dwelling units which may be attached by a common wall between it and the adjacent units together with individual rear and front yards designed as an integral part of each unit, and having been constructed in conformity with an approved site and design plan. In addition, it shall possess the following characteristics:

Every garage shall have a floor area of not less than 240 square feet, and such garage may be built into the apartment structure or separately constructed as hereinafter provided.

No garage or other accessory building shall be placed nearer to a side or rear property line than 10 feet, except that in the case where apartment developments adjoin each other, garages may be built back-to-back along the common property line.

Each group of attached garages shall have a joint capacity of not more than 10 automobiles arranged in a row, except that in the case where garage buildings are built back-to-back as permitted in Subsection B above, 20 automobiles may be housed therein. There shall be a minimum distance of 10 feet between garage structures.

Garages and other accessory buildings shall be no more than one story in height. The architectural design and the materials used in the construction thereof shall conform to the design and the building materials used in construction of the multiple-family structures. No part of any garage or other accessory building shall be used for living purposes.

Upon site plan review, the Planning Board shall recommend to the governing body those roads or streets within the proposed development which should be dedicated to the Township as municipal streets, and the governing body shall consider the recommendation at a public hearing. If the governing body decides that the public interest requires that any such roads or streets become municipal streets, the applicant shall be required to execute and deliver all instruments required to effectuate such dedication, including the submission to the Planning Board of a map complying in all respects to the requirements of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), which map shall be signed by the appropriate Planning Board officers and filed on record in the Office of the Clerk of Passaic County prior to the issuance of any building permits. The governing body shall act on the recommendation of the Planning Board in this regard no later than the second meeting after receiving the recommendation, and failure to act within such time shall be deemed a denial of the recommendation. The dedication of any street or the acceptance thereof by the appropriate municipal body pursuant to this subsection, and the resulting division of any lot, shall in no way bring about a violation of the minimum area, width and depth requirements or coverage requirements set forth in the Schedule of Use, Area and Bulk Regulations included at the end of this chapter.

Any road or portion thereof not so dedicated or not accepted by the governing body as a municipal street or road, and all other accessways, parking areas, sidewalks, curbs or other paved areas, shall be maintained and repaired by the owner, and failure to maintain the same shall be deemed a violation of this chapter.

As to those roads not so dedicated and accepted as set forth in Subsection A above, the owner shall cause to be furnished to the Township such resolutions and agreements as may be required in order to meet the provisions of Title 39 of the New Jersey Statutes Annotated applicable.

The exterior finish of each building shall be constructed of brick or stone veneer, but this requirement may be relaxed by the Planning Board where aesthetics or other like purposes make such relaxation desirable.

The roof shall be a hip or gable roof having a minimum pitch of five feet in 12 feet, or of such other construction as may be approved by the Planning Board.

No dwelling structure shall be constructed without a central heating system or systems sufficient to permit each dwelling unit to be maintained at a temperature of 72° F. when the outside temperature is between 72° F. and 0° F.; and the temperature for each dwelling unit shall be regulated by a control or controls located therein.

Central or individual air-conditioning units shall be provided so as to permit each dwelling unit to maintain a temperature of 72° F. when the outside temperature is between 72° F. and 90° F.; and where central systems are employed, the temperature for each dwelling unit shall be regulated by a control or controls located therein. Window units are prohibited.

Any proposed owner or builder of a multiple-family dwelling development shall, before undertaking any work in connection therewith, file with the Construction Official the required site plan review applications on forms to be supplied by the Secretary of the Planning Board, accompanied by 19 copies each of the proposed site plan meeting the requirements of Article XXIII. The exhibits shall be prepared, signed and sealed by a duly licensed engineer or architect, as the case may be, and shall be distributed by the Secretary of the Planning Board to the following:

In accordance with the time limits in the Municipal Land Use Law, after the first regular meeting of the Planning Board following the proper filing of the application and exhibits as set forth in Subsection A above, the Planning Board shall act thereon by either disapproving or recommending approval thereof to the governing body if the Planning Board finds that the application and exhibits conform to the requirements and standards established by this chapter and otherwise comply with the ordinances of the Township and all applicable laws of the State of New Jersey.

In addition to the foregoing requirements, the Planning Board shall review the application and exhibits for compliance with the following standards:

When requested by the Planning Board, landscaping plans shall be subject to review by the Shade Tree Commission, which Commission shall make recommendations to the Planning Board with respect to the provision of shade trees[1] along the interior development and pedestrian walks; the grading, seeding and planting of flowers and shrubs in the open spaces adjacent to and between buildings, border strips along the roadways, driveways and walks, treatment of garbage and parking areas; and approaches to structures and entrance areas.

The Planning Board shall review the design and type of construction of the proposed building in relation to its district and immediate neighborhood; and where it shall be deemed that the design or construction is so similar or dissimilar to adjacent or neighborhood buildings so as to be incongruous with the character of surrounding development or seriously detrimental to other properties, or to involve exceptional risks of public health or safety, site plan approval should be denied.

Signs shall be in accordance with the sign ordinance provisions of this chapter (Article XX).

The applicant shall provide notification in accordance with the Municipal Land Use Law by certified or registered mail.

If, in the judgment of the governing body, the required landscaping and all other improvements cannot be installed or completed prior to qualification by the developer for a certificate or certificates of occupancy, and so long as the public interest will not be impaired, such building permit or certificate of occupancy may be issued upon posting of a performance bond with sufficient surety, in an amount and for a term specified by the appropriate Township authority and subject to the approval of the Township Attorney, insuring the completion of the incomplete items.

Upon completion and approval of all on-site and off-site improvements including, but not being necessarily limited thereto, utilities, roads, curbing, gutters, sidewalks, paved areas and all appurtenances, whether or not dedicated and accepted by the Township, and upon the posting of a maintenance bond or bonds in sufficient amounts and for a term of not less than two years and subject to the approval of the Township Attorney and which provide therein for the proper maintenance, care and repair of such improvements, the performance bond or bonds shall be released.