Advise the Construction Code Official as to whether the proposed use or the proposed erection, construction, reconstruction, alteration, conversion or installation of a structure or building conforms to all the requirements of this article prior to the issuance of a building permit; provided, however, that if the proposed use, structure or building does not conform to the requirements of this article, it shall be the further duty of the Zoning Officer to specify what sections of this article have not been satisfied and what variances would be required before the issuance of a building permit.

Inspect the properties in the Borough for violations of this article. If a violation is found to exist, or upon being advised of the existence of a violation, he shall serve notice upon the owner, agent and/or any appropriate person or corporation to cease and desist from such violation or, where other means fail, upon notice to the Borough Council, prosecute a complaint in the municipal court to terminate said violation.

Issue nonconforming use and structure certifications pursuant to the provisions of N.J.S.A. 40:55D-68.

No building or part thereof shall be emplaced, erected, razed, moved, extended, enlarged, altered or demolished until a permit has been granted by the Construction Code Official. Application thereof shall be filed in duplicate by the owner or his agent and it shall state the intended use of the building and of the land. The application shall be accompanied by detailed plans and specifications and a plot plan showing open spaces, required setbacks, the established building lines within the block and such other, information as may be necessary or desirable to provide for the enforcement of this Article 5. Plans shall be drawn to scale and show actual dimensions in figures. All building plans, specifications and plot plans shall be signed by an architect or professional engineer licensed by the State of New Jersey. The owner may sign the building plans as to single-family dwellings or as to buildings accessory to said dwellings in the event said owner has prepared the building plans, provided said owner files an affidavit to that effect in accordance with law. Notwithstanding any other provisions of this section, only a land surveyor licensed by the State of New Jersey may prepare and certify said required plat plan.

No building permit shall be issued for the emplacement, erection, construction, reconstruction, alteration, razing or moving of any building or part thereof, unless the plans and intended use indicate that such building is designed to conform in all respects to the provisions of this article.

No land shall be occupied or used and no buildings hereafter placed, erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Construction Code Official stating that the use and building therein specified, or either of them as the case may be, complies with all the provisions of this article. Such certificates of occupancy shall be granted or denied within 10 days after the date written application therefor has been received by the Construction Code Official; provided, however, that no certificate of occupancy shall be issued prior to the grant of any required site plan approval by the Planning Board. In addition, a new certificate of occupancy shall be required for any change in occupancy or change in tenancy of any nonresidential building or part thereof, even though there be no change in use, as provided in Section 13-4.2A(2).

A record of all certificates of occupancy shall be kept on file in the office of the Construction Code Official and copies shall be furnished upon request to any person having a proprietary or leasehold interest in the building or land affected.

Said lot is in single ownership, as defined in this article.

All yard requirements are complied with; provided, however, that if the width of an existing platted lot measured at the minimum required setback line is less than required by the zone, the required minimum side yard shall be the same percentage that the lot width bears to the zone district requirement; provided, however, that no side yard shall be less than eight feet.

No accessory building shall exceed 13 feet in height, 36 feet in width, and 24 feet in depth. However, accessory buildings over 12 feet in width may be increased in height at a rate of three inches per foot over 12 feet up to a maximum of 16 feet in height. "Accessory building height" shall mean the vertical distance from the average ground elevation to the highest point thereof.

Accessory buildings shall be at least 10 feet from any principal building situated on the same lot and shall be at least six feet from any other accessory building.

Accessory buildings may not be erected nearer to any street than the required front yard setback.

No accessory building wall shall be located within five feet of any property line in the rear yard.

Accessory buildings built within the side yard shall meet the side yard setback requirements for the principal building.

For the purposes of this section only, fences, vertical poles of all lawful kinds, lamp post lights, nameplate signs, dirt retaining walls or similar structures shall not be deemed accessory buildings.

Permitted accessory buildings within the B-1, B-2, B-4, B-5, OB, C-1, L and I Districts shall be permitted in the side and rear yards only, and shall conform to the minimum required setbacks for the principal building.

Portable garage structures and temporary structures are permitted in single-family residential zones and uses only. One portable garage structure or temporary structure per principal residential building shall be permitted and subject to the following provisions:

Dumpsters. Within all residential districts, dumpsters and/or other similar solid waste storage and removal containers are permitted during the course of construction, renovations and/or dwelling/property clean-up and subject to the following additional requirements:

No building to be used as a residence shall be placed, constructed, altered or moved to the rear of another building situated on the same lot; nor shall any such building be placed, constructed, altered or moved to the front of another residence situated on the same lot.

No use shall be permitted on any lot on which there is no principal buildings.

Within all zone districts except the L-1 District, only one principal building may be erected on a lot except for related, compatible buildings constituting one basic use or operation, under one management and limited to the following:

Within the L-1 Zone District, multiple buildings with related or unrelated occupants or tenants, may be erected on a lot, provided that such buildings are part of an integrated complex, sharing either management, condominium association, and/or ownership and consisting of one or a combination of permitted uses in the L-1 Zone District.

Unless otherwise regulated in this chapter, a principal building as permitted shall be located at least 40 feet from another principal building situated on the same lot and no principal building shall be located closer to the front, side or rear lot lines than the minimum distance required by the zone in which it is situated.

Massage services, tattoo shops, steam/Turkish baths and saunas.

Sexually oriented businesses.

All classes of cannabis licenses pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),[1] including, but not limited to, all cannabis establishments, cannabis distributors and/or cannabis delivery services, are hereby prohibited from operating anywhere in the Borough of Morris Plains, except for the delivery of cannabis items and related supplies by a delivery service.

In the residential zones, outdoor storage is prohibited. This shall not be deemed to include the normal outdoor storage of trash, garbage, and similar wastes temporarily stored in suitable containers awaiting scavenger collection.

In the B, C-1 and OB Zones, outdoor storage is prohibited except for the temporary storage of trash and garbage in containers and in locations as approved by the Planning Board. In addition, there shall be no outdoor storage or parking of trucks or trailers.

In the I, L-1 and L-2 Zones, outdoor storage is permitted, and trash and garbage may be temporarily stored outdoors pending its collection. All such uses shall be screened by special planting or a fence of such reasonable height as may be required by the Planning Board, so that said materials cannot be visible from any abutting street or property. Outdoor storage as permitted by this section is only permitted in the side and rear yards, but under no circumstances shall the storage or display of any article or material be permitted in the front yard of any zone except trash and garbage during the waste collection periods on the assigned day for the respective zones. Outdoor storage or parking of trucks and/or trailers shall be limited to a period of not more than 30 days.

In the B-1, B-2, B-3, B-4, B-5, and C-1 Districts, every building hereafter constructed, erected or placed for a use as permitted by this chapter shall face or front said building upon a main street. For the purposes of this chapter, the following streets are hereby designated as main streets: State Highway Route No. 10, Speedwell Avenue, Hanover Avenue and U.S. Route 202

In the R-1, R-2, R-3 and R-4 single-family districts, every building hereafter constructed, erected or placed for a use as permitted by this chapter shall face or front said building upon an approved public or private street.

Flood losses resulting from periodic inundation. Within the Borough of Morris Plains, there exist certain flood hazard areas subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

Permitted uses in flood hazard areas. The use permitted within any Flood Hazard Area, as identified in a scientific and engineering report entitled "The Flood Insurance Study of the Borough of Morris Plains, New Jersey" dated June 1, 1981, are those uses permitted and regulated by this chapter for the zone district in which the area may be located, as said zone districts are set forth and delineated on the Borough of Morris Plains Zoning Map, subject to further limitations and regulations set forth in Chapter 11A of the Revised Ordinances of the Borough of Morris Plains, New Jersey, which chapter is adopted herein by reference.

Roof overhangs.

Bay or bow windows.

Unroofed porches, steps, decks and platforms, except that front steps shall not be construed as part of the building unless enclosed or unless roofed, but nothing in this provision shall be read to restrict the right to provide ramps and other reasonable means of access for the handicapped consistent with the Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.

Chimneys.

The height provisions of this chapter shall not apply to the erection of church spires, belfries, towers designed exclusively for ornamental purposes, chimneys, flues or similar appurtenances not exceeding the height limit by more than 10 feet.

Height limitations shall not apply to uses for which special height limitations are provided, such as, radio and television antennas and cellular telecommunications antennas.

Within all zone districts, except for the L-1 and L-2 Districts, the height provisions of this chapter shall, moreover, not apply to bulkheads, elevator enclosures, water tanks or similar accessory structures occupying an aggregate of 10% or less of the area of the roof on which they are located, and further provided that such structures do not exceed the height limit by more than 10 feet.

Nothing in Part 4 of this chapter shall prevent the erection above the height limitation of a parapet wall or cornice extending above such height limit not more than three feet within the B Business Districts or C1 Commercial District, four feet within the OB Office Building District, L-1 Research Laboratory District, or L-2 Research Laboratory District, or 4.5 feet within the I Limited Industrial District.

Subject to site plan review by the Planning Board as it pertains to Section 13-5.2A(22), within the I, OB, L-1 and L-2 Zone Districts, special height consideration shall be given to design heights which may exceed the maximum permitted height which may be required to conform to standards of the NJDEP and/or other state and federal agencies.

Unless otherwise provided in this chapter, the total building coverage on a residential lot shall not exceed an amount determined by formula as follows:

Unless otherwise provided in this chapter, the total lot coverage shall not exceed 200% of the maximum permitted building coverage. The water surface area of a swimming pool shall be excluded when calculating lot coverage.

General.

Procedures.

Temporary certificate of occupancy.

Regulation of Nuisance Elements.

Standard requirements.

Violations.

No principal and/or accessory buildings or structures shall be located within 25 feet from each defined edge of an identified watercourse or surface water body.

Within 25 feet of each defined edge of an identified watercourse or surface water body, the following activities and facilities are specifically prohibited:

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

In any new multifamily housing development that requires subdivision or site plan approval, there shall be included an indoor and/or outdoor recycling areas for the collection and storage of residentially generated recyclable materials. The number of sites and dimensions of the recycling areas shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The number of sites and dimensions of the recycling areas and the bins or containers shall be determined in consultation with the municipal recycling coordinator, and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c.102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the municipal master plan, adopted pursuant to Section 26 of P.L. 1987, c. 102,[2] as may be amended from time to time.

The recycling areas shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.

The recycling areas shall be well lit, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling areas without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling areas, and the bins or containers.

The recycling areas or the bins containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

Signs clearly identifying the recycling areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

Landscaping and/or fencing shall be provided around any outdoor recycling areas and shall be developed in an aesthetically pleasing manner.

Awnings attached to a structure shall not extend more than three feet into any required yard setback when fully extended.

The bottom edge of an awning attached to a nonresidential structure shall be at least eight feet above the ground below when fully extended.

In the B-1 and B-5 Zone, an awning attached to a building wall facing a street may extend up to two feet into an adjoining street right-of-way when fully extended.

For the purposes hereof, a central air conditioner shall mean a power operated, water or air-cooled device connected to a duct system, designed for human comfort cooling, but shall exclude a fixed or movable type air conditioner installed in a room or a window or through a wall, intended to cool an individual room.

No central air conditioner shall be installed in any dwelling erected on a lot located in any residence district delineated on the Official Zoning Map of the Borough, unless a permit, as required under the Uniform Construction Code, is first obtained from the Building Inspector. Where the condensing unit or water tower of such central air conditioning unit is to be placed outside the confines of such dwelling, it shall be so placed as to meet all yard setback provisions of the zone district in which the lot is located; provided, however, that no condensing unit shall be located in a front yard.

The condensing unit or water tower of a central air conditioning system hereafter installed to serve a building or structure erected or to be erected in any zoning district other than a residence district, if not located upon the roof of such building or structure, shall be so placed as to comply with the setback provisions of the zoning district in which the lot is located.

Every application for the installation of a central sir conditioning system to serve an existing dwelling, building or other structure, shall be accompanied by the fees required by the Uniform Construction Code. No application or fee shall be required in the case of new construction where the building plans, submitted in connection with the application for a building permit, show that a central air conditioning system is to be installed. If not shown on such building plans, and such plans are later changed or modified to include the installation of a central air conditioning system, then the provisions of this section shall apply, and the application and fees required by the Uniform Construction Code shall be required.

Minimum lot size. Unless a greater area is required by the zone district in which the use is located, there shall be a minimum lot area of 18,000 square feet for the first 15 children for which the facility is licensed to accommodate at any one time plus 600 square feet for each additional child for which the facility is so licensed.

Time of operation. Child-care centers, except child-care centers operated by an industry during work hours a service to its employees, shall be limited to daytime operations between the hours of 7:00 a.m. to 7:00 p.m.

Setbacks. Any building containing a child-care center shall meet the yard requirements of the zone district, provided that no such building shall be located within 35 feet of a residential property.

Outdoor play areas. Outdoor play areas shall be located in side and rear yards only, shall be enclosed by a fence and shall be located at least 35 feet from a residential property line and at least 20 feet from a nonresidential property line.

Parking. Off-street parking shall be provided in accordance with Section 13-5.7. Off-street parking need not be provided in connection with child-care center operated as secondary use in conjunction with an institutional use or when operated by an industry as a service to employees if such parking would duplicate available, existing parking. All off-street parking shall be subject to the location requirements of Schedule A.[3]

Pickup and delivery of children shall take place on the site with safe means of ingress and egress as approved by the Planning Board.

Screening. All parking areas and play areas that adjoin residential properties shall be effectively screened by appropriate landscaping as approved by the Planning Board.

Site plan approval. Any child-care center shall be subject to site plan approval by the Planning Board in accordance with Article 4.

Within the R Districts, a fence used to enclose tennis courts may be erected to a height of not more than 12 feet above ground level, and further provided that said fence is located at least 10 feet from a property line. Upon discontinuance of tennis court use, any such fence shall either be reduced to a height of six feet or removed.

For purpose of applying height limits, multiple, staggered or tiered walls, and/or wall/fence combinations shall be considered single units unless the minimum horizontal distance between the top of any section or tier shall be 10 feet.

All retaining walls greater than four feet in height shall require certification by a professional engineer that the wall was constructed in accordance with approved plans and/or guidelines.

Fences shall be constructed of non-rusting wire or chain link, metal, plastic or wood. Metal fences shall be maintained to prevent rusting and/or oxidation. The use of barbed wire or wire on which barbs or points are strung or fastened is prohibited.

Any fence shall have the front (finished) face exposed to said adjacent street or property line. Use of wire or chain link fence in the front yard facing a public street or front property line is prohibited except when required by ordinance to enclose a swimming pool and related accessory pool deck and patio areas.

Special fences, to heights allowed as prescribed by the Planning Board or Board of Adjustment in its site plan review, shall be permitted around public utility installations or around buildings housing institutional uses or adjacent to commercial or industrial buildings which abut residential uses, as may be reasonably required for the safety of the public, for the protection of the buildings themselves or for screening of commercial or industrial uses from nearby residences.

Fences and walls as permitted within this section shall be installed a minimum of six inches from the property line.

Deer fencing shall be permitted in any yard and subject to the following requirements:

The area of the private swimming pool shall not exceed 20% of the rear yard area.

The pool shall be equipped with a filtration, circulation, clarification and chlorination system adequate to maintain the water in a clean and healthful condition in accordance with the health requirements of the Borough and state.

The discharge pipe or conductor leading from any private swimming pool shall not exceed two inches in diameter, and shall be composed of galvanized iron, or such other standard and durable material as may be approved by the Borough Engineer. No private swimming pool shall be wholly or partially emptied in any manner that will cause water to flow upon the premises of another and no private swimming pool shall be wholly or partially emptied upon any land if a stormwater drain is readily accessible to the premises on which the pool is located. No private swimming pool shall be wholly or partially emptied into any sanitary sewer system, cesspool or septic tank.

No public water shall be used in connection with the operation of any private swimming pool during any time when restrictions are imposed on the use of public water.

Every private swimming pool shall be completely enclosed with a permanent substantial fence at least four feet from the edge of the pool, no less than four feet in height above the ground level with gate or gates. Any opening in such fence and any gate shall be designed, constructed and maintained so as to prevent access to the pool at any time except when the pool is in use under the supervision of the possessor of the pool or by his permission.

The swimming pool shall not be closer than 10 feet to any building nor 15 feet to any side or rear lot lines of the premises, provided on corner lots no part of any pool shall be constructed within the front yard of either street.

All lighting in connection with a swimming pool shall be so arranged and shielded as to reflect the light downward away from all adjoining and nearby residences and streets.

Development standards. All antennas shall be located, designed, constructed, treated and maintained in compliance with the requirements of the BOCA Basic Building Code and the requirements set forth below. Unless otherwise provided herein, and except for the number of antennas permitted on a lot, the regulations below shall not apply to satellite dish antennas of one meter or less in diameter anywhere in the Borough or to satellite dish antennas of two meters or less in diameter located in nonresidential zones. The requirements below have been designed with the intent of advancing and achieving health, safety and aesthetic interests and objectives and are further intended to operate so as not to impose unreasonable limitations on, or prevent, reception of satellite-delivered signals or to impose costs on the users which are excessive in light of the cost of purchase and installation.

Antennas in residential districts.

Antennas in multifamily housing developments. Antennas located in multifamily housing developments shall meet the requirements of Paragraph (10.2) above, except that there may be one satellite dish antenna for each 50 dwelling units up to a maximum of three such antennas.

Antennas in Business and Commercial Districts. Antennas in the B-1, B-2, B-3, B-4 and C-1 Zones shall meet the requirements of Paragraph (10.2) above.

Antennas in Research Laboratory and Limited Industrial Districts. Antennas in the OB, L-1, L-2 and I Zones shall meet the following requirements:

General regulations.

Approval of antennas. All antennas shall be subject to the review and approval of the Zoning Official. Each application shall be accompanied by a report prepared by the installer of the antenna explaining why the proposed location was selected.

Prohibitions. No antenna or antenna structure located in the Borough, regardless of when it was erected, shall be used as a sign or a supporting structure for any sign or lettering.

Enforcement.

The subdivision development plan will not result in a greater dwelling unit density than of the property in question were developed without residential clustering. In order to demonstrate compliance with this provision, the applicant shall submit a qualifying plan showing a conventional subdivision plan which will satisfy all zoning and development standards.

The open space area shall be equal to or greater than the same percentage of the total subdivision tract area that the lot areas have been reduced from the area requirements.

Any area reserved as permanent open space shall be suitable for its intended purpose and shall be at a location and of a shape as approved by the Planning Board.

The open space area shall be reserved in perpetuity either by dedication for public use or for use by the residents of the development by private covenant or deed restriction for one of the following purposes:

Provision shall be made to ensure suitable maintenance of any area to be reserved by private covenant or deed restriction by the establishment of a property owner's association or other appropriate organization.

No single area to be dedicated for public purposes shall be less than eight acres, unless the area is to be joined to an existing parcel of public property or unless a smaller area is shown on the Master Plan or unless, due to unusual circumstances, the area would serve an important public function, the general welfare of the Borough or otherwise promote the sound planning objective of the Borough as reflected in the Master Plan.

Nothing contained herein shall be construed to require the Planning Board to approve any subdivision employing clustering if said subdivision is in conflict with any provision of the Morris Plains Master Plan or if said subdivision will in any way result in a land use pattern that will adversely affect that portion of the Borough in which it falls.

Residential clustering is optional with the subdivider, and the foregoing requirements apply only if such option is exercised.

The deed for any lot created under residential cluster development shall reflect that fact and shall reference the recorded final plat under which the lot was established.

The minimum lot area for the zone district in which the use is located shall be met; provided, however, that no lot shall contain less than two acres.

All yard and setback requirements of the zone district shall be met; provided, however, that no yard shall be less than the height of the facility.

Adequate off-street parking shall be provided. Parking areas and driveways shall meet parking setback requirements of the use.

Fencing or screening shall be provided as required by the Planning Board.

Building design shall be consistent with the character of the neighborhood in which the use is to be located.

All applicable provisions of Article 5 of this chapter relating to site plan approval shall be complied with.

This section shall not apply to any use or building expressly or by implication permitted by right in any zone.

Approach and departure paths.

Obstructions, together with distances to and heights of such obstructions.

A statement setting forth the type of helicopters to be used and the frequency and hours of operation.

Documentation that will demonstrate that all reasonable measures will be taken to minimize the noise level of craft using the facilities.

Such other maps and documents as may be needed to determine compliance with all requirements herein.

Any property containing a helistop shall satisfy the minimum lot size requirements of the L-1 and L-2 Research Laboratory Zone and the I Limited Industrial Zone.

No helistop shall be located within 225 feet of a property line, nor within 500 feet of a residential zone boundary. These setback requirements shall apply to property lines and zone boundary lines located in adjoining municipalities as well as in the Borough of Morris Plains.

The site center shall be at least 100 feet from any buildings.

The helistop shall be located on the same lot as the principal use.

That the technology proposed is the least visually intrusive of various suitable technologies;

That the height of the antennas is the minimum necessary;

That collocation of the antenna on other existing antenna structures, or that location at a less visible location, or that the use of micro-cells, providing more numerous antennas at lower heights, either within or outside the Borough of Morris Plains, is either not practical in order to provide adequate communication or that the visual impact to the community from the proposed site is less than would exist at such alternative locations; and

That the use of digital technology for other existing and pending antennas in the area would not eliminate the need for the proposed antenna.

The height of any freestanding wireless telecommunications antenna, including any supporting mast, monopole, tower or other supporting structure, shall not exceed 125 feet.

Any such antennas shall be located in a side or rear yard only and to the rear of any existing principal building.

Any such antenna, supporting mast, monopole, tower or other supporting structures, and equipment compound areas shall be set back a minimum of 250 feet, or two times the height of the structure, whichever is greater, to any residentially zoned property line.

Freestanding antennas, including any related equipment buildings and structures, shall be enclosed by fencing of six feet in height which provides adequate screening of equipment area.

No building may be located on more than one lot.

Internal lots are to be provided with appropriate cross-easements for access, parking and utility purposes among the various lots simultaneously with the perfection of the subdivision and the filing of the subdivision plats, in a form reasonably acceptable to the Planning Board attorney, and shall be recorded against the L-2 Mixed-Use Commercial Use Overlay Zone tract providing for the construction, maintenance, access and use of all shared facilities by the owners of each of the subdivided lots, as appropriate. There shall be a single entity that will be solely responsible for the operation, maintenance, upkeep, improvement, repair and replacement of all areas affected by the cross easements for access, parking and utility purposes in order to ensure uniform and consistent operation, maintenance, upkeep, improvement, repair and replacement for said areas affected by the referenced cross easements.

The minimum principal building setback to an internal lot line shall be 25 feet. This requirement shall not apply to the helipad or accessory structures.

Parking spaces, parking aisles, sidewalks and driveways may extend across internal lot lines and shall have no setback requirements to such internal lot lines.

Internal lots are not required to front on a public street.

There shall be at least one principal building on each subdivided lot created from the tract. There may be more than one principal building on any subdivided lot created from the tract; provided, however, that there shall be no more than an aggregate of seven subdivided lots created from the tract and no more than an aggregate of eight principal buildings constructed on the tract inclusive of existing buildings on the tract.

Mechanical equipment may extend above the maximum building height by not more than 15 feet; shall not occupy more than 20% of the surface area of the roof; and shall be stepped back at least 10 feet from the roof edge.

Building height shall not include parapet walls, provided that the parapet walls do not exceed a height of four feet over the maximum building height.

The minimum setback of any building from the Route 10 right-of-way shall be 60 feet exclusive of gas station canopies.

The minimum setback of any parking area or interior roadway from the Route 10 right-of-way shall be 20 feet.

The minimum setback of any canopy over gas pumps shall be 30 feet.

The minimum setback of any one-story building from the Johnson Road right-of-way shall be 40 feet.

The minimum setback of any multistory building from the Johnson Road right-of-way shall be 65 feet.

The minimum setback of any parking area or interior roadway from the Johnson Road right-of-way shall be 15 feet.

Setbacks do not apply to internal lot lines within the overall development tract.

The minimum setback of any building from any lot line shared with a commercially zoned property shall be 30 feet.

The minimum setback of any parking area or interior roadway from any lot line shared with a commercially zoned property shall be five feet.

The minimum setback of any building from any lot line of a residentially zoned property shall be 55 feet.

The minimum setback of any parking area or interior roadway from any lot line of a residentially zoned property shall be 25 feet.

Sidewalks shall be provided along all frontages on Route 10, Route 202, and Johnson Road, unless the applicant demonstrates to the satisfaction of the approving entity that an alternative pedestrian system provides safe and convenient circulation.

Sidewalks shall be provided within parking areas and in front of individual buildings to create pedestrian connections between these areas as well as to provide connections to sidewalks on Johnson Road, Route 202 and Route 10.

All sidewalks shall have a minimum width of five feet.

One vehicular access driveway is permitted along Route 10.

Two vehicular access driveways are permitted along Johnson Road.

The existing shared access driveway on Route 202 which is located off-tract will remain and be incorporated into the proposed development of the subject tract.

The base of all buildings should be highlighted with a contrasting material, texture or color that is heavier in appearance than the main facade cladding, such as a stone base below a brick facade. The base may also project outwards from the building by at least several inches. The top of the base cladding may also be capped with a sill or water table or other dimensional transition. Low planters and base planting may be placed around the base for further emphasis.

The top of buildings encompasses the roof and/or roofline. Using features such as distinct and multiple architectural roof forms, clearly pronounced eaves, and distinct parapet designs and cornice treatments may achieve a well-defined building top. Building roof mass may also be broken up by towers, steeples, gables, shed dormers, and similar elements.

A change in plane and variation in materials and/or detailing should be provided for any windowless wall area in excess of 40 feet in length.

These standards would not apply to the existing office building located at 225 Littleton Road and any expansion(s) of this office building.

Pedestrian building entries should be clearly visible and highlighted within the front facade through projections, recessions, material changes, canopies, overhangs and/or lighting, not merely punched into the facade.

Retail storefront glass windows shall be transparent, nontinted glazing.

Drive-through window elements should be architecturally integrated into the building, rather than appearing to be applied or "stuck on" to the building.

The selected building materials should also incorporate variations in color, textures and/or patterns to be employed to create further distinctions.

The level of materials, detailing and articulation should form a coherent design theme. Materials should be extended around corners and extensions in order to avoid a "pasted on" appearance.

The following are preferred building materials for facades:

All roof-mounted and ground-mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust vents, elevator overruns, transformers and generators, and similar equipment, but excluding solar collectors and related equipment) shall be screened.

Screening should be compatible with the architectural style, materials, and color of the building.

One freestanding sign shall be permitted at the proposed access drive from the Route 10 right-of-way.

One freestanding sign shall be permitted at the existing access drive from Route 202 ("Littleton Road") right-of-way within the existing sign easement area on an adjacent, contiguous lot, currently designated as Lot 46, Block 171.

Freestanding signs shall not exceed 200 square feet in size.

Freestanding signs shall not exceed 25 feet in height fronting Route 10 right-of-way or 20 feet in height fronting Route 202 right-of-way.

Freestanding signs shall be set back a minimum of five feet from Route 10 right-of-way and a minimum of 10 feet from Route 202 right-of-way.

Exposed light-emitting diode (LED) lighting is not permitted on freestanding signs except for displaying gas prices.

Light-emitting diode (LED) lighting is permitted for internally illuminated signs or backlighting of individual letters comprising a sign legend all where it is not directly visible to motorists.

One monument shall be permitted at each driveway entrance from Route 10 and Johnson Road.

Monument signs shall not exceed 125 square feet or 15 feet in height except any monument sign fronting Johnson Road and within 200 feet of Block 171 Lot 1 shall be no greater than 75 square feet in size and 12 feet in height.

A monument sign fronting on Route 10 displaying gas prices for an associated fueling station may utilize light-emitting diode (LED) lighting for the gas price display. Such LED lighting shall not move, blink or flash and shall be turned off when the gas station is closed. No exposed LED lighting is permitted on monument signs fronting on Johnson Road or Route 202.

Light-emitting diode (LED) lighting is permitted for internally illuminated signs or backlighting of individual letters comprising a sign legend all where it is not directly visible to motorists.

Each tenant may have one wall sign per facade that faces a driveway, parking area or external roadway, not to exceed two wall signs per building per tenant. However, no wall sign shall be located on a facade facing an abutting residentially zoned lot if said facade is within 150 feet of the lot line shared with the residential zone.

The total area of a single wall sign shall not exceed 2.5% of the area of the facade to which it is affixed or 100 square feet, whichever is less.

The total area of all wall signs on any one facade shall not exceed 5% of the area of the facade to which the signs are affixed or 150 square feet, whichever is less.

Wall signage shall not exceed a maximum sign height of 10 feet.

Wall signs shall be placed a minimum of eight feet above finished grade of the facade to which it is affixed.

The sign shall not extend above the facade of the building, which includes the parapet.

The sign shall not extend further than 12 inches from the facade.

The location of signs shall be limited to the first story facade on buildings containing more than one story, except for office buildings.

Wall-mounted signs may be individual channel-cut letters with internal LED illumination, or through LED backlighting of letters.

For the gas station and convenience store, two canopy signs and logos shall be permitted.

Canopy signs shall not face interior roadways but may face exterior roadways.

A canopy sign and logo together shall not exceed one square foot per foot of length of such canopy to which the sign is attached or a total area of 25 square feet, whichever is less.

Canopy signs shall not extend beyond the ends or extremities of the canopy to which they are attached.

One preordering menu board sign which does not advertise the name of the business is permitted for each drive-through lane associated with a drive-through restaurant.

One ordering menu board sign which does not advertise the name of the business is permitted for each drive-through lane associated with a drive-through restaurant.

The maximum sign area of an ordering menu board sign shall not exceed 30 square feet.

The maximum sign area for a preordering menu board sign shall not exceed 20 square feet.

The maximum height for each preordering menu board and ordering menu board sign shall not exceed six-feet.

Preordering and ordering menu board signs may be digital LED signs or illuminated box signs.

Entrance, exit, identification, directional and conditions-of-use signs are permitted in conjunction with off-street parking facilities and are not to exceed six square feet in size.

No directional sign shall be so located that it will interfere with the safe operation of vehicles within the off-street parking facility or while entering or leaving the facility.

Finance, insurance, and real estate offices. One parking space shall be provided per 200 square feet of gross floor area.

Child-care centers. One parking space shall be provided per 250 square feet of gross floor area or as permissible under the Municipal Land Use Law.

Gas station with convenience store. One parking space shall be provided per 200 square feet of gross floor area of the convenience store.

Instructional schools and studios, indoor commercial recreation, and health or fitness centers. One parking space shall be provided per 200 square feet of gross floor area.

Medical office. One parking space shall be provided per 250 square feet of gross floor area.

Office. Parking shall be provided according to the following schedule:

Restaurants and restaurants, drive-through. One parking space shall be provided per 2.5 seats within the building or one parking space for every 75 square feet of gross floor area, whichever is greater. Outdoor seating is excluded from calculating parking requirements.

Retail food establishments. One parking space shall be provided per 200 square feet of gross floor area.

Retail service and retail store. One parking space shall be provided per 200 square feet of gross floor area.

Self-storage facilities. One parking space for each 4,000 square feet of gross floor area plus two additional spaces for the manager/administrative offices.

Supermarket. One parking space shall be provided per 200 square feet of gross floor area.

Urgent care center. One parking space shall be provided per 200 square feet of gross floor area.

Landscaping and/or buffer areas shall be required in setback areas not devoted to permitted principal, conditional or accessory uses along Route 10 and Johnson Road, maintaining appropriate sight triangles as required by the agency having jurisdiction.

Landscaping, fencing and/or buffer areas shall be required along all property lines of adjacent uses as approved by the Planning Board.

Setback at least 10 feet from the property line

Be buffered by landscaping and/or other screening.

Front yard: 35 feet.

Side yard: 25 feet.

Rear yard: 10 feet.

Fences, freestanding walls and retaining walls.

Driveway and other access improvements providing direct access to the tract from an exterior roadway.

Detention, retention and similar drainage facilities and utility structures.

Front yard: 15 feet.

Side yard (building): 15 feet.

Rear yard: 15 feet.

Fences, freestanding walls and retaining walls.

Driveway and other access improvements providing direct access to the tract from an exterior roadway.

Detention, retention and similar drainage facilities and utility structures.

Front yard: 15 feet.

Side yard (building): 15 feet.

Rear yard: 15 feet.

Fences, freestanding walls and retaining walls.

Driveway and other access improvements providing direct access to the tract from an exterior roadway.

Detention, retention and similar drainage facilities and utility structures.

Minimum setback from street right-of-way: 20 feet.

Maximum area: six square feet.

Maximum height: four feet.

Maximum number of directional signs: 10 units.

Maximum number of signs per building: one.

Maximum area: 10 square feet.

Front yard: 35 feet.

Side yard: 20 feet.

Rear yard: 25 feet.

Fences, freestanding walls, retaining walls, signs and trails.

Driveway and other access improvements providing direct access to the tract from an exterior roadway.

Detention, retention and similar drainage facilities and utility structures.

The parking area does not extend more than 300 feet from the front street property line on the road on which the business fronts.

The parking area shall extend continuously from the nonresidential zone.

The parking area is on the same side of the street and in the same block as the principal use.

Driveway access between a parking area serving a use located in any nonresidential zone and a street located in a residential zone shall be prohibited.

The parking area within the residential zone shall be located at least 25 feet from an adjoining residential property line except for the property line separating the residential and nonresidential zones.

No parking deck or structure shall be located closer than 175 feet to a residentially zoned property.

A maximum height of 45 feet and five levels (including ground level) shall be permitted. Height shall be measured to the top of the parapet wall of the uppermost level from the average finished grade. Height limit is exclusive of stair and/or elevator enclosures which are permitted to extend an additional 12 feet above the height limit.

The minimum required parking space size shall be nine feet wide by 18 feet deep.

Parking deck structures shall be constructed with a parapet wall having a minimum height of four feet above the deck level.

For all parking deck structures, the minimum facade exposure (open area) shall be 25% of the particular facade face.

Except for the uppermost parking level, all interior lighting shall be recessed and shield to limit light glare to adjacent properties. Lighting located on the uppermost level shall conform to Section 13-4.14C(2.2)(g).

Are compatible with their surroundings and consistent with the objectives of proper design and zoning amenities.

Allow and promote optimum conditions for meeting sign user's needs while at the same time promoting an attractive environment desired by the general public.

Are designed, constructed, installed and maintained in such a manner that they do not endanger public safety or traffic safety.

Are visible and legible in terms of the message they are intended to convey.

Respect the reasonable rights of other neighboring advertisers.

Moving, fluttering or rotating signs, as well as streamers, pennants, balloons and similar displays unless authorized on a specified temporary basis by the Borough Council.

Any illuminated tubing or strings of lights outlining roof lines, doors, windows or wall edges of any building, except Christmas season decorations.

Any sign that uses the words "stop" or "danger" or otherwise presents or implies the need or requirement of stopping or caution of the existence of danger, or which is likely to be confused with any sign displayed by public authority.

Banner-type signs except where in celebration of public events or to call attention to dates of holidays of public significance and, in such cases, only when erected by the Borough itself or authorized by the Borough Council.

Signs erected or located on, within, or over any public right-of-way except when erected by the governmental agency having jurisdiction or authorized by said governmental agency and except for signs or awnings as hereinafter regulated.

Except as otherwise permitted in this Section 13-5.8, signs which are not accessory to a use located on the premises.

Temporary signs painted on or attached to a window except for signs announcing the opening of a new business establishment, provided the same are displayed for a period of not more than 30 days.

Signs painted on a building wall.

Signs attached to trees or utility poles except for warnings, statements or language required or installed by the utility.

Signs located in sight triangle easements.

The use of people in any manner, whether carrying signs, wearing costumes, or otherwise, for the purpose of advertising or promoting the commercial interests of any service or product out of doors in view of the general public except those specifically authorized by ordinance or the Borough Council on a specified temporary basis.

Contractors' advertising signs except during normal working hours.

Neon signs except as regulated in Section 13-5.8C(6).

Memorial tablets or signs, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or similar material as an integral part of the building. The total area of said signs shall not exceed four square feet.

Traffic signs, all governmental signs, legal notices, railroad crossing signs, danger signs and such temporary emergency signs as may be erected by governmental or public utility employees in carrying out their official work.

Names on mailboxes.

Signs used on property warning the public against hunting or trespassing thereon. Any such sign shall not exceed one square foot in area.

Temporary safety, traffic, directional and warning signs approved by the governmental agency having jurisdiction, not exceeding four square feet.

Signs required by any provision of law or signs deemed necessary to the public welfare by the Borough Council.

Signs permitted in Section 13-5.8B(1.1) and (1.2).

Signs permitted in Section 13-5.8C(8.5).

Temporary campaign and political signs as regulated in Section 13-5.8B(3).

Display of the American Flag, flags of national origin and/or flags of state or municipal origin, provided that such use shall conform to any applicable state and/or federal laws, rules and regulations.

Signs which are required by any provision of law may be located in any zone.

No sign shall be placed as to interfere with or be mistaken for a traffic light or similar safety device or interfere with traffic visibility.

Illumination of any sign shall be of the diffused lighting type or by indirect lighting and only the face of the sign shall be illuminated. No sign shall be lighted by means of flashing or intermittent illumination. The direct source of any light used for the illumination of any sign, any building wall containing a sign or any display of merchandise or products of business establishments shall be completely shielded from the view of vehicular traffic using the roads or roads abutting such business properties. Floodlights or spotlights used for the illumination of such signs, building walls or displays, whether or not such lights are attached to or separate from the building, shall not project light beyond the sign, wall or display being illuminated.

The intensity of illumination of any sign shall be the minimum necessary for clear and distinct legibility. The purpose of the illumination shall be to identify the name and location of a particular premises or use without creating offensive and unnecessary brightness. To this end, the total quantity of light radiated through the surface of a sign shall not exceed two footcandles when measured from a distance of six feet from the face of the sign. The purpose of the illumination shall be to identify the name and the location of a particular premises or use without creating offensive and unnecessary brightness.

No sign, as permitted, shall extend or project above the highest elevation of the wall to which it is attached, nor shall any sign be erected on or attached to the roof of a building or to any roof-like, sloping facade, such as the lower portion of a mansard style roof.

Freestanding traffic directional and traffic safety signs containing such wording as "one-way," "do not enter" and "stop" may be located on a property in any zone in accordance with the provisions of Section 13-5.8F below if approved by the Planning Board or the Board of Adjustment in connection with a site plan application.

Signs with two display surfaces arranged back-to-back shall be permitted the maximum sign area on each surface.

Routine maintenance. Routine maintenance for any nonconforming sign shall be permitted, provided that such maintenance shall comply with the provisions of Paragraphs (6.3) and (6.4) below. The term "routine maintenance" is intended to include such activities as cleaning, replacement of light bulbs, removal of rust and corrosion, repainting, and replacement or repair of broken or damaged elements.

Restoration or repair in the event of partial destruction. Any nonconforming sign existing at the time of the passage of this chapter or any amendment thereto may be continued upon the lot so occupied any such sign may be restored or repaired in the event of partial destruction thereof, provided that such restoration or repair shall comply with the provisions of Paragraphs (6.3) and (6.4) below. For purposes only of administering this provision, the term "partial destruction" shall be defined as any condition affecting less than 50% of the area or volume, whichever is more restrictive, of the sign message or structure in such a manner that the appearance of structural characteristics of the sign are substantially altered from the originally approved and installed sign.

Effect of removal. The following provisions shall regulate removal of nonconforming signs:

Alterations. The following provisions shall regulate alterations of nonconforming signs:

Change of a use affecting same. No nonconforming sign structure shall be maintained or continued upon any site if there occurs a change in use for which the sign is an accessory structure.

Subdivisions involving same. No lot containing a nonconforming sign structure shall be subdivided so as to increase the degree or extent of the nonconforming sign condition.

It shall be unlawful for any person to erect, locate, relocate or maintain any sign which falsely identifies the premises or occupant of any premises or building, or which falsely advertises for sale on any premises or in any building any product or services not available therein.

Whenever there is a change in occupancy of a building or premises, including any vacancy of such building or premises, the message of any sign or signs which identify or advertise an individual, business, service, product or other item that is no longer present or available in the building or on the premises shall be removed.

The provisions of this subsection shall not be construed to require the removal of any sign structure, except as required by Paragraph (7.4) below.

The manner of removal of sign messages shall include, but are not limited to, the following:

One nameplate sign not more than two square feet in area which may be either a nonilluminated or an illuminated nonflashing sign, provided the direct source of light is shielded in such a manner that it is not visible from the street or any adjoining residential property unless a porch light or lamp post light.

A nonilluminated, temporary real estate sign pertaining to the lease or sale of the premises upon which it is placed, not exceeding four square feet in total area, provided that it shall be removed within seven days after the consummation of a lease or sale transaction, and further provided said sign shall be placed in the front yard. Such signs shall comply with the following restrictions:

Subdivision developments involving six or more residential lots may erect temporary signs as approved by the Planning Board, provided all of the following requirements are complied with:

Wall signs in the B-1, B-2, B-4 and B-5 Zones. A business establishment shall be permitted wall signs on each building wall of the establishment that faces on a street subject to the following conditions:

Wall signs in the C-1 Zone.

Signs attached to the canopy or marquee shall not extend above, below or to the sides of the canopy or marquee.

The front line of said canopy or marquee shall be construed as being the face of the building.

In the B-1 and B-5 Zones, only roll-up or retractable awnings are permitted. All such awnings on a single building shall be uniform in terms of style and colors. Signage on such awnings shall be limited to lettering on the front, vertical flap. Said lettering shall not exceed six inches in height or cover more than 50% of the width of the awning.

In the B-2, B-4 and C-1 Zones, where the business establishment has an awning attached to the building, a sign may be displayed on the vertical face of the awning in place of a permitted wall sign, provided that:

There shall be no more than one neon sign per window and no more than two neon signs per business establishment. For the purpose of this section, a "window" is a pane of glass or multiple panels of glass with a common structural frame.

A neon sign shall not exceed 5% of the area of the window in which it is displayed nor more than six square feet.

A neon sign shall contain no more than two colors, including white.

Neon signs shall not be operated with flashing or intermittent illumination.

The message or wording of the sign shall be limited to one of the following:

In the B-2 and B-4 Zones, the illumination of any such sign shall be by indirect lighting.

Said sign shall be located in the front yard and at least 20 feet from a property line, at least eight feet from a street right-of-way line and at least 25 feet from the intersection of street right-of-way lines.

The area of said sign shall not exceed one square foot for each linear foot of front yard setback or 20 square feet, whichever is the lesser.

The height of the sign structure, including its supporting members, shall not exceed seven feet.

The bottom of the sign display area shall be at least two feet above the ground surface and no vertical or horizontal dimension of the sign surface shall exceed five feet.

Said sign shall be permitted two display surfaces arranged back-to-back and shall display only the name and address of the property and the use located on the site. If a site contains more than one establishment, the sign may display only the name and address of the property and the uses located on the site.

Said sign shall be constructed of painted wood, woodlike or wood-appearing material and shall be painted in dull or matte finish colors with contrasting colors for lettering and other message elements. Lettering and other message elements shall be in contrasting colors and shall consist of flat, raised or carved design.

Wall signs as regulated in Paragraph (1.1) above.

One freestanding sign advertising the name of the garage, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed 30 square feet in area on a side and shall be erected not less than 10 feet from the property line and not more than 20 feet above ground. The bottom of the sign shall not be less than 10 feet above the top of a curb of any adjoining intersection.

Customary lettering on or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of gasoline sold, lead warning sign, a price indicator and any other such sign required by law and not exceeding a total of three square feet of each pump.

If a motor vehicle service station has a canopy over the pump island, each face of the canopy which is visible from a street may display a sign consisting only of the brand name and brand logo or insignia. Said sign shall not extend above, below or beyond the edge of the face of the canopy. The lettering of the sign shall not exceed a height of one foot.

One portable sign, such as an "A" frame or wheelbased sign, located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that said sign does not exceed seven square feet in area. Said sign shall be displayed only during the hours of operation.

The sign shall not exceed 75 square feet in area.

The sign shall not exceed 20 feet in height.

The sign shall not be closer than 20 feet to any street right-of-way line.

All such signs shall be uniform in terms of style, height, design and materials. Within the B-3 District the primary theme colors shall be limited to red, white and blue.

A maximum sign area of 15% or 50 square feet, whichever is lesser, is permitted.

The total width of all such signs shall not exceed 2/3rds (66%) of the width of the tenant space.

All such signs shall be placed at the same height on the building wall.

All wall signs shall be erected parallel to the face of the building except where otherwise hereinafter provided.

No wall sign shall be located above the first floor of any building unless that building contains a single use.

No sign shall extend farther than 12 inches from the face of the building upon which it is attached. Where a sign extends more than three inches from the face of a wall, the bottom of said sign shall not be closer than eight feet from the ground level below said sign.

No wall sign or lettering height shall exceed a height of 42 inches.

Any business establishment having a rear customer/patron entrance which faces on a parking lot may display one wall sign identifying the rear customer/patron entrance to the establishment. Said sign shall not exceed four square feet in area and may be illuminated only by indirect lighting, spot lighting or backlighting.

One freestanding sign, provided said sign is not closer than 50 feet to any property line and is accessory to the business conducted on the property.

The length of the permitted sign is not over 10% of the width of the building that the sign will set in front of, but in no case shall the length of the sign exceed 20 feet.

The height of said sign shall not exceed one-half the length as permitted above, but in no case shall the height of the sign exceed eight feet.

On any property located in either the I or L-2 Zone which has two driveway openings separated by at least 300 feet, there shall be permitted two freestanding signs, provided the same are located at least 200 feet apart, and further provided that neither sign exceeds 50% of the maximum permitted area determined by multiplying the maximum length as provided in Paragraph (1.2) above by the maximum height as provided in Paragraph (1.3) above.

Freestanding sign(s) shall be permitted at each driveway opening, provided said sign is not closer than 20 feet to any street right-of-way and 150 feet to any property line and is accessory to the business conducted on the property.

The length of the permitted sign shall not exceed 10% of the width of the building that the sign shall be placed in front of, but in no case shall the sign exceed 20 feet.

The height of said sign shall not exceed one-half the length as permitted above, but in no case shall the height of the sign exceed eight feet.

Internal directory signs shall be permitted, provided that they meet the following standards:

For steep slopes, any disturbance shall be prohibited except as provided below: development within the limits of existing impervious surfaces; and

New disturbance necessary to protect health, safety or welfare, such as necessary linear development with no feasible alternative; to provide an environmental benefit, such as remediation of a contaminated site; to prevent extraordinary hardship on the property owner peculiar to the property; or to prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment. For example, redevelopment, within the footprint of existing impervious cover should be allowed to support efforts to revitalize development that has fallen into disrepair.

A plan shall be drawn by a licensed professional engineer at a scale of not less than one inch equals 30 feet.

Existing and proposed grades represented by contours at two-foot intervals.

Slope classification map indicating existing grade categories as follows: 0% to 14.99%; 15% to 19.99%; 20% to 24.99%; 25% to 29.99%; and slopes 30% or more. A table indicating the degree of slope disturbance shall be provided.

Existing and proposed elevations at all plot corners, building corners, centers of swales, disposal bed corners, and at the location of all changes in direction of stormwater flow.

Proposed elevations at changes in grade of driveways and walks, as well as the proposed and existing curb, sidewalk, and road elevations at the plot corners and at changes in grade.

The location of the proposed dwelling, including the location of the garage, all overhangs, the number of stories of the dwelling, and the proposed elevation of all floors, cellar and garage and all setback distances.

The location of proposed pedestrian and vehicular facilities, including walks, roads, drives or parking areas with both vertical and horizontal alignments properly dimensioned.

Drainage study as deemed applicable or required by the Planning Board, Board of Adjustment and/or the Borough Engineer.

The proposed elevations of the levels of land above and below retaining walls as well as top of wall elevations.

The disposition and extent of topsoil to be removed or backfilled.

The disposition and extent of all other soil to be removed and backfilled.

The plans and specifications for any proposed retaining walls, steps, fences or other protective structures.

No soil shall be excavated, removed, deposited or disturbed within an area of steep slopes except as a result of and in accordance with the terms of this section.

Proposed disturbances of soil shall be for purposes consistent with the intent of this section and it shall be controlled in a manner that will not cause excessive erosion or other unstable conditions.

Provision shall be made for the proper disposition of surface water runoff, both during and post construction, so that it will not create unstable conditions. Appropriate storm drainage facilities shall be constructed as deemed necessary and adequate protective measures shall be provided for downstream properties. Any proposed building or structure or attendant protective measures shall not impede the flow of surface waters through any watercourse.

All structures shall be constructed in all instances on slopes that do not exceed 20%.

All public and private streets and roadways shall follow, to the extent possible, the existing natural terrain and slope. Such improvements shall be constructed in all instances on slopes that do not exceed 20%.

Any fill placed on the lot shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Borough Engineer.

All cuts/fills shall be supported by retaining walls or other appropriate retaining structures, when depending upon the nature of the soil characteristics, such structures are found necessary by the Borough Engineer in order to prevent erosion and achieve greater soil stabilization.

The riparian zone shall be 300 feet wide along both sides of any Category One water (C1 water), and all upstream tributaries situated within the same HUC 14 watershed.

The riparian zone shall be 150 feet wide along both sides of the following waters not designated as C1 waters:

Along a linear fluvial or tidal water, such as a stream, the riparian zone is measured landward of the feature's center line;

Along a non-linear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit;

Along a non-linear tidal water, such as a bay or inlet, the riparian zone is measured landward of the mean high water line; and

Along an amorphously shaped feature such as a wetland complex, through which water flows but which lacks a discernible channel, the riparian zone is measured landward of the feature's center line.

Townhouse dwelling structures as defined in Section 13-2.1.

Interlocking townhouse dwelling structures as defined in Section 13-2.1.

Stacked townhouse dwelling structures, defined as a multifamily dwelling of at least 12 units where each unit is contained on one floor and each unit has building access via an individual ground-level garage.

Up to three multifamily apartment buildings, defined as buildings with 13 or more dwelling units per structure and with each building having its own common ground-level entrance(s). Any building connected to another building via a level of parking shall be considered one building for the purposes of this section.

An affordable multifamily apartment building, defined as a building with 34 dwelling units and with all of the units sharing a common ground-level entrance(s).

Restaurants.

Retail sales and service uses with the exception of pharmacies, and all uses prohibited in the B-1 Zone per Section 13-5.2A(12.1), except for drive-up restaurants and exercise studios, which shall be permitted.

Medical offices.

Hotel.

Walking and bicycle trails.

Lands to be deed restricted to prohibit any excavation or other disturbances, including vegetation removal, construction, placement of new buildings or structures, pavement or other impervious surfaces.

Walking and bicycle trails.

Picnic and seating areas.

Active and passive outdoor recreation facilities.

Utility access roads and services.

Walking and bicycle trails.

Stormwater management facilities.

Active and passive outdoor recreation facilities.

Utility access roads and services.

Off-street parking facilities.

Covered and uncovered patios and decks associated with individual townhouse and interlocking townhouse units.

Active and passive outdoor recreation facilities.

Individual and common mailboxes, which shall be placed in convenient locations accessible only from interior development drives and not closer to any public street than a principal building.

Signage.

Clubhouse and outdoor amenities.

Any other use which is subordinate and customarily incidental to a permitted principal use.

Off-street parking facilities. Parking shall be a combination of ground-level/below-building parking and surface parking areas.

Service areas, defined as lobbies, mailrooms, ancillary rooms, areas, or facilities associated with building service, providing such features as mechanical facilities, transformers, laundry rooms or service, and trash and recycling rooms.

Indoor amenities provided for the exclusive use of all building occupants and guests, such as a fitness center, resident clubhouse facilities, a cafe, a spa, a cyber cafe, a theater, resident meeting rooms, a business center, or other lounge and recreation/fitness rooms, and management and leasing offices.

Outdoor amenities such as swimming pools, tennis courts, gazebos, barbecue, fireplace and fire pit areas, walking and bicycle trails, seating areas, parks, playgrounds, plazas, gardens, and other recreational open space, either private or open to the public, at grade or on rooftops over ground-level/below-building parking.

Private outdoor terraces and balconies associated with an individual dwelling unit.

Signage.

Any other use which is subordinate and customarily incidental to a permitted principal use.

Off-street parking facilities.

Service areas, defined as lobbies, mailrooms, ancillary rooms, areas, or facilities associated with building service, providing such features as mechanical facilities, transformers, laundry rooms or service, and trash and recycling rooms.

Outdoor amenities such as tot lots and other recreational space.

Signage.

Any other use which is subordinate and customarily incidental to a permitted principal use.

Drive-through windows, provided the Planning Board determines that there is adequate stacking for vehicles.

Off-street parking and loading facilities.

Outdoor amenities such as seating areas, dining areas, plazas and planters.

Signage.

Any other use which is subordinate and customarily incidental to a permitted principal use.

Off-street parking and loading facilities.

Restaurants and bars, including rooftop facilities.

Fitness centers, including swimming pools.

Business center.

Banquet/ballroom facilities.

Meeting and conference room facilities.

Management offices.

Service areas, defined as ancillary rooms, areas, or facilities associated with building service, providing such features as mechanical facilities, transformers, laundry rooms or service, and trash and recycling rooms.

Ancillary retail.

Signage.

Any other use which is subordinate and customarily incidental to a permitted principal use.

All roof-mounted and ground-mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust vents, elevator overruns, transformers and generators, and similar equipment, but excluding solar collectors and related equipment) shall be screened.

For pitched-roof buildings, roof-top mechanical equipment shall be screened in roof wells recessed below the roof line or by solid and permanent roof-mounted screens. Screening shall be compatible with the architectural style, materials, and color of the building.

For flat-roof buildings, the mechanical equipment may extend above the maximum building height by not more than 15 feet; shall not occupy more than 20% of the surface area of the roof; and shall be stepped back at least 10 feet with respect to the facade plane of the building level immediately below it.

Brick.

Cultivated stone and/or other masonry facing.

Fiber cement siding or backboard.

Metal panels.

Metal and glass.

There shall be 20 two-story townhouse dwellings.

There shall be 67 three-story townhouse dwellings.

There shall be 28 interlocking townhouse dwellings.

There shall be 24 stacked townhouse dwellings.

There shall be a minimum of 14 two-bedroom units.

There shall be a maximum of 125 three-bedroom units.

Two-story townhouse dwellings shall be a maximum of 35 feet/two stories.

Three-story townhouse dwellings shall be a maximum of 46 feet/three stories.

Interlocking townhouse dwellings shall be a maximum of 46 feet/three stories.

Stacked townhouse dwellings shall be a maximum of 52 feet/four stories.

Minimum setback from Tabor Road:

Minimum setback to any interior roadway shared with the multifamily apartment component:

Minimum setback from any interior roadway in the townhouse component:

Rear to rear of townhouse dwelling structures: 50 feet.

End to end of townhouse dwelling structures: 35 feet.

End to end of interlocking townhouse dwelling structures: 40 feet.

Stacked townhouse dwelling structures and any other building: 40 feet.

Townhouse dwelling structures shall have a minimum of four units and a maximum of five units.

Interlocking townhouse dwelling structures shall have a minimum of 12 units and a maximum of 16 units.

Stacked townhouse dwelling structures shall have a minimum and maximum of 12 units.

Two-bedroom units: 1,000 square feet.

Three-bedroom units: 1,200 square feet.

Each dwelling unit shall have not fewer than two exposures.

No more than three adjacent dwelling units should be constructed without providing a front wall setback of not less than two feet. Variations can be achieved by the type of roof, including the height of eaves and peaks, and by architectural treatment of the building facade.

Driveways shall be a minimum of 20 feet in paved width for a two-car garage, and 10 feet in paved width for a one-car garage.

Common accessory buildings and facilities shall be designed to harmonize with the overall character of the development and shall meet the building setback requirements set forth herein.

There shall be a minimum of 81 one-bedroom units; a total of 14 one-bedroom units shall be reserved for very-low-, low-, and moderate-income households.

There shall be a maximum of 180 two-bedroom units; a total of 25 two-bedroom units shall be reserved for very-low-, low-, and moderate-income households.

Minimum building setback from Tabor Road:

The minimum building setback from internal roadways shall be 13 feet excluding columns, overhangs, balconies, and canopies.

The minimum building setback from parking areas shall be five feet.

A minimum of 80% of the market-rate units shall meet the following minimum thresholds, exclusive of loft areas:

A maximum of 20% of the market-rate units may meet the following minimum thresholds, exclusive of loft areas:

All affordable units shall meet the minimum unit sizes for multifamily rental new construction as indicated by the New Jersey Housing and Mortgage Finance Agency (NJHMFA) as follows:

Building articulation and massing:

Building facade detailing:

Ground-level/below-building parking:

Fifteen percent of the total number of units (39 units) developed within the multifamily apartment component shall be restricted for occupancy by very-low-, low- and moderate-income households ("affordable units"). At least 50% of the affordable units shall be available to very-low-income and low-income households and the remainder of which shall be available to moderate-income households. A minimum of 13% of the affordable units shall be made available to very-low-income households, defined as households earning 30% or less of the regional median income by household size. The affordable units shall be integrated throughout the buildings in the multifamily apartment component and shall be constructed to be indistinguishable from the market-rate units from the exterior of the affordable units.

The affordable units provided in the multifamily apartment component shall conform to the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"); applicable regulations of the New Jersey Council on Affordable Housing ("COAH"); applicable requirements of the Courts of the State of New Jersey; and the regulations of the New Jersey Housing and Mortgage Finance Agency ("NJHMFA"), including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC").

Very-low-, low- and moderate-income households of which a member of that household is a veteran shall be given a preference for occupancy as permitted under N.J.S.A. 52:27D-311 for up to 50% of the total housing units.

There shall be 19 two-bedroom units.

There shall be 15 three-bedroom units.

The minimum building setback from Tabor Road shall be 250 feet.

The minimum building setback from any parking area shall be 10 feet.

One-bedroom units: 600 square feet.

Two-bedroom units: 850 square feet.

Three-bedroom units: 1,150 square feet.

Building facades in the Affordable Housing Component shall be of the same quality of construction and employ similar or compatible materials, architectural treatments, and colors as the buildings in the Multifamily Apartment Component.

Building articulation and massing:

Building facade detailing:

All units (34 units) developed within the affordable housing component shall be restricted for occupancy by very-low-, low- and moderate-income households. At least 50% of the units shall be available to very-low- and low-income households and the remainder of which shall be available to moderate-income households. A minimum of 13% of the units shall be made available to very-low-income households, defined as households earning 30% or less of the regional median income by household size.

The affordable units provided in the multifamily apartment component shall conform to the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"); applicable regulations of the New Jersey Council on Affordable Housing ("COAH"); applicable requirements of the Courts of the State of New Jersey; and the regulations of the New Jersey Housing and Mortgage Finance Agency ("NJHMFA"), including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC").

Very-low-, low- and moderate-income households of which a member of that household is a veteran shall be given a preference for occupancy as permitted under N.J.S.A. 52:27D-311.

The minimum building setback from Tabor Road shall be 95 feet.

The minimum parking setback from Tabor Road shall be 10 feet.

Building articulation and massing:

Building transparency:

The minimum building setback from Tabor Road shall be 145 feet, exclusive of canopies and porte cocheres.

The minimum parking area setback from Tabor Road shall be 10 feet.

Windows shall occupy at least 25% of the facade area.

A change in plane and variation in materials and/or detailing should be provided for any windowless wall area in excess of 20 feet in length.

Stormwater management facilities shall be permitted.

All surface detention basins and other aboveground stormwater management facilities shall be screened from adjoining streets and properties as required by the Planning Board to create and/or maintain an attractive natural environment.