Squaw Brook Run, Block 61, Lot 8.

Laino-Summit Point, Block 58, Lots 7.01, 13.01 and 14.

An "accessory use" is any use which is subordinate but related and customarily incidental to the principal permitted use, such as:

Maximum building or structure length: 150 feet.

Horizontal townhouse building, maximum number of units in a single structure: five.

A building that has both vertical and horizontal townhouse buildings, maximum number of units in a single structure: six.

Maximum building height: 2 1/2 stories, not to exceed 35 feet, except that, on a slope, a building may have three exposed stories at the lower portion of the slope.

Maximum number of habitable stories: 2 1/2. No more than 50% of the base in a three-story structure shall be used for habitable purposes, which shall not include garaging, storage and utilities.

Maximum number of horizontal units before a horizontal break: three.

Minimum break in horizontal alignment: four feet.

Minimum distances between buildings:

Minimum building setback from public or private main access roads: 40 feet.

Minimum building setbacks from internal driveways: 20 feet.

Minimum building setback from parking areas: 15 feet.

The minimum habitable floor area shall be:

Horizontal townhouses: 80% to 100%.

Vertical townhouses with a maximum of two dwelling units: 0% to 20%.

Maximum gross density: 2 1/2 units per acre.

Maximum localized density: 4 1/2 units per acre.

Off-street parking requirements per dwelling unit shall be as follows:

There shall be no parking of any vehicle along roadways and driveways.

Minimum lot area: 18 acres.

Minimum lot frontage along a county or municipal road: 50 feet.

Setbacks from external lot lines:

Coverage:

Grades:

Accessory buildings:

Any development or cluster within a development shall have two separate access points to the roadway servicing the development. If the main access to any development from the public road is limited to one roadway, said roadway must be a divided roadway containing one exit and one entrance lane, each 20 feet in width and separated from each other by a divider with an average width of not less than 10 feet and having a length not less than 100 feet.

Roadway and driveway widths shall be in accordance with the requirements of the ordinances of the Borough and RSIS Standards, as applicable.

Construction of pavement of all roadways shall conform to the Borough standards for public roads.

Construction or paving of all driveways shall conform to the Borough standards for paving as contained in Borough ordinances.

Sidewalks shall be required along the portion of the tract fronting on an existing public street and shall meet the sidewalk specifications in the Borough ordinances, unless waived by the Planning Board.

Sidewalks on site, other than as provided in Subsection E, shall be constructed in such locations as the Planning Board shall require in the interest of safety.

Water facilities.

Sanitary sewerage system. The development shall be serviced by a central sanitary sewage collection system discharging into the municipal or regional wastewater facilities. The collection facilities shall be designed in accordance with the standards of the New Jersey Department of Environmental Protection and/or appropriate local, county, state, and federal officials and agencies.

Drainage and stormwater management.

Electric, gas, telephone and cable television services, if available, shall be provided by the developer in accordance with the provisions of the New Jersey Administrative Code, Title 14. One master television antenna or one cable television connection shall be provided for each building.

Street improvements, monuments, street names and other traffic control devices, shade trees, streetlights, sidewalks, curbs, fire hydrants, and all aspects of street construction as well as other improvements shall be subject to local and state regulations and Borough Engineer approval.

Appropriate refuse pickup shall be provided on site and appropriate disposal shall be made, both at no cost to the Borough, together with compliance with all laws and/or ordinances applicable to recycling.

The residents of the planned residential development shall be required to provide for the upkeep and maintenance of all internal roads, drives, parking facilities, drainage facilities, streetlighting, and snowplowing, as well as all common areas.

A minimum of 25% of the gross site area shall be designated and designed for common open space, inclusive of the active recreational space specified in Subsection B below. Such land shall be optimally related to the overall plan and design of the development and shall provide that a portion thereof will be accessible and available to each unit owner of the development.

A minimum of 10% of the gross development site area, not to exceed six acres, shall be designed and dedicated for active recreational purposes and shall consist of a parcel or parcels of land of which at least one acre of the aforementioned area shall be graded, leveled, and seeded, with a length dimension of at least 150 linear feet, and all of said parcel or parcels of land shall be located where reasonably convenient to owners and residents of the development but not detrimental to adjacent property owners or residents by virtue of noise, glare, light, dust, or other objectionable features.

The area for detention basins and other drainage-control devices shall not qualify as active recreation space as required by this article. Land having slopes in excess of 20% and chronically wet marshland shall not qualify as active recreation space as required by this article.

Active recreation space may be improved with facilities, buildings, and structures for indoor and outdoor recreational activities consistent with the residential character of the development.

All improvements of the common open space area, as shown on the approved site plan, including recreational facilities, buildings, and structures, shall be completed before certificates of occupancy shall be granted to more than 75% of the proposed dwelling units.

All owners and residents of the planned residential development shall have the right to use the common open space and active recreational facilities, subject to reasonable rules and regulations. In the event that the proposed development shall consist of a number of stages, the developer shall provide active recreational areas proportionate in size to the stage being considered for final approval.

All open spaces shall be connected to residential areas with walkways or other reasonable means of access.

Buffer.

Each building and structure and each complex of the same shall have a compatible architectural theme with appropriate variations in design to provide attractiveness to the development. Such variation shall result from the use of landscaping and the location and orientation of buildings and structures to the natural features of the site.

Landscaping.

Concrete walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet.

No natural vegetation shall be disturbed, except as approved by the Planning Board. The site plan shall indicate the maximum area of clearing.

No building or structure shall be located within 35 feet of the high-water mark of any stream or watercourse.

Adequate lighting fixtures for walks, steps, parking areas, driveways, streets, and other facilities shall be provided at locations to provide for safe and convenient use of the same. Fixtures shall be situated and designated in keeping with the character of the development and shall be adequately shaded to screen windows of dwelling units, both off and on the development site, from direct and indirect light. No flashing, intermittent, or moving light shall be permitted. All lighting, including illumination levels, shall conform to the recommendation of the Borough Engineer.

Air-conditioning units in excess of 2,500 BTUs shall be screened and insulated for aesthetic and acoustical purposes.

Every dwelling unit shall have two means of ingress and egress to the exterior without sharing a hallway, stairway, or elevator with another unit.

Adequate sound protection between dwelling units shall be provided and designed in accordance with sound engineering principles.

The developer shall establish an organization for the ownership and maintenance of any common open space and off-street parking space for the benefit of residents of the development. Such open space and other property shall be held in perpetuity by the organization, subject to an open space easement. Structures and facilities in support of recreational activity may be constructed in accordance with site plan approval. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development and ownership and maintenance of any common open space and off-street parking for the benefit of residents of the development. Thereafter, such organization shall not be dissolved or shall not dispose of any of its open space without obtaining the consent of the members of the organization as provided by law and also without offering to dedicate the same to the municipality. The developer shall be responsible for the maintenance of any such open space until such time as the organization established for its ownership and maintenance shall be formed and functioning and shall be required to furnish a performance guarantee in an amount to be fixed by the Municipality's Engineer for such maintenance for a period of two years after the date of acceptance of all streets in the development.

In the event that the organization shall fail to maintain the open space in reasonable order and condition, the governing body may serve written notice upon such organization or upon the residents and owner of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition and demanding that such deficiencies be remedied within 35 days of the date of service. The notice shall also state the date and place of a hearing thereon, which shall be held within 15 days after the date of the notice. At such hearing, the governing body may modify the terms of the original notice as to deficiencies and may give an extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the governing body, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space, except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the governing body shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing, upon 15 days' written notice to such organization and to the residents and owners of the development, to be held by the governing body, at which hearing such organization and the residents and owners of the development shall show cause why such maintenance by the municipality shall not, at the direction of the governing body, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain such open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the governing body shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the governing body in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the municipality shall be assessed pro rata and against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a tax lien on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

It shall be the responsibility of the owner of the common open space to maintain, in addition to the common open space, all off-street parking, loading and unloading areas, driveways, aisles, sidewalks, and accessways in good condition, free of litter and refuse, potholes, cracked pavement, ice, snow, or other seasonal hazards, etc. All lighting, bumpers, markings, signs, drainage, and landscaping shall be similarly kept in workable, safe and good condition. If the owner fails to undertake repairs after proper notification by the Construction Official, the governing body may authorize repairs to be made at the owner's expense if, in the governing body's opinion, conditions constitute a hazard to the safety and welfare of the municipality, residents, and visitors.

All documents pertaining to any neighborhood association common open space shall be subject to review by the Municipality's Attorney, shall be countersigned by the Chairperson of the Planning Board and the Mayor, and recorded as a covenant running with the land when the final plat is recorded by the County Clerk.

Any application shall be processed and reviewed pursuant to the procedures and standards of this article and Chapter 516, Stormwater Management, Chapter 490, Site Plan Review, and, where applicable, Chapter 530, Subdivision of Land, and the laws, rules, and regulations of any other governmental entity having jurisdiction over the subject matter. The Planning Board may engage, at the cost and expense of the applicant and/or developer, any and all necessary experts to assist the Planning Board in the review of any aspects of the application.

The applicant for a planned residential development shall submit a comprehensive conceptual site plan for the entire area so zoned and under the applicant's control. Said plan shall be in accordance with the terms of this chapter, Chapter 490, Site Plan Review, Chapter 530, Subdivision of Land, and the laws, rules, and regulations of any other governmental entity having jurisdiction over the subject matter. The comprehensive plan shall be submitted as part of the preliminary site plan application.

The use permit, if granted by the Planning Board, shall expire within two years of the date of the adoption of the resolution of approval, unless the time is extended by a subsequent resolution of the Planning Board for good cause. In order to toll the two-year expiration date, the developer must have commenced construction of the proposed project and be substantially proceeding with the construction within the two-year period or as said period may be extended.

Application for final site plan approval or final subdivision approval, or both, shall be limited to a minimum of 25% of the total number of housing units authorized by the Planning Board at the preliminary application stage. Once a final stage is approved by the Planning Board, the second stage shall not be permitted for consideration by the Planning Board for a period of less than three months. All subsequent stages shall likewise have a waiting period of no less than three months from the time of approval granted by the Planning Board of the preceding stage.

Sequence of stages. In the deliberation of the proposed sequence of stages, the Planning Board shall be guided by the following criteria and factors:

A Planning Board, in accordance with COAH provisions of N.J.A.C. 5:93-10.3, may require that no site plan for a development shall receive approval until an environmental impact study shall be submitted to and approved by the Planning Board. The purpose of obtaining said approval shall be to determine that the impact of this proposed project will not unreasonably affect the environment of the proposed development and its surroundings.

The environmental impact statement shall include the following:

Assessment of environmental impact of project. An assessment, supported by environmental data, of the environmental impact of the project upon the factors described in the inventory of existing environmental conditions shall be submitted and shall include an evaluation of water use, liquid and solid wastes on the quality and quantity of surface water and groundwater. The assessment shall also include an evaluation of the public costs of the project, including but not limited to the costs of additional schools, roads, police, etc., and indirect costs such as the loss of open space.

Steps to minimize environmental damage. A description of steps to be taken to minimize and mitigate adverse environmental impacts during construction and operation, both at the project site and in the affected region, shall be included, such description to be accompanied by necessary maps, schedules, and other explanatory data as may be needed to clarify and explain the actions to be taken.

A developer who wishes to be released from the duty to build inclusionary units on site may apply to the governing body before submitting the applications to the Planning Board for a use permit for permission to be released from the duty to build on-site inclusionary units. For each required unit which the developer is otherwise required by this article to build on site and for which he/she applies to be released from the obligation, the developer shall pay the sum of $40,000 to the Borough in the event that the governing body approves the request. No developer of property subject to the within article is under any constraint to pay any money to the Borough except in the case where the developer, by his/her own volition, elects to request to be relieved of the duty to build inclusionary on-site units. If the request is approved, then the townhouse units to be built on the site by the developer may be 100% free-market units. The money to be paid to the Borough, $40,000 per inclusionary unit not to be built on site, shall be used by the Borough for possible funding of RCA units, for rehabilitation of indigenous units, for such other purposes as are appropriate to assisting the Borough to meet its housing obligations. The expenditure of all monies shall conform to a spending plan approved by COAH. Upon the approval by the governing body of the developer's request, the developer shall be relieved of all inclusionary obligations for the site. The $40,000 per unit released from the inclusionary obligation shall be paid to the Borough in the following time sequence:

The hereinafter terms and conditions of the within article that are applicable to inclusionary units shall not apply to any development in which the developer has requested and the governing body has approved permission to not build on-site inclusionary units.

All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following daily regional newspapers/publications:

The primary marketing will take the form of at least one press release sent to the above publication and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an as-needed basis.

The advertisement will include a description of the:

All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in the following neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within the region:

The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program, including specific employment centers within the region:

The following is a listing of community contact person(s) and/or organizations in Passaic County that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region:

Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members:

Applications will be mailed to prospective applicants upon request.

Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in Passaic County:

The following is a description of the random selection method that is used to select occupants of low- and moderate-income housing:

The Borough of North Haledon's Affordable Housing Board is to administer the affirmative marketing program. The Borough of North Haledon's Affordable Housing Board has the responsibility to income qualify low- and moderate-income households; to place income-eligible households in low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of low- and moderate-income units with income-qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The North Haledon Borough Administrator is the designated housing officer to act as liaison to the North Haledon Affordable Housing Board. The North Haledon Affordable Housing Board will provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.

Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. The Borough of North Haledon intends to comply with N.J.A.C. 5:93-11.7.

All developers of low- and moderate-income housing will be required to assist in the marketing of the affordable units in their respective developments.

The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed-restricted and occupancy or reoccupancy of units continues to be necessary.

The North Haledon Affordable Housing Board will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.[1]