Old Tappan City Zoning Code
ARTICLE III
Residential Districts
§ 255-8 Permitted uses.
In any residential RA District the following uses only shall be permitted:
A.
One-family dwellings. Any structure comprised of a single dwelling unit inhabited, or to be inhabited, by one or more persons occupying the premises as a single housekeeping unit.
B.
Schools. Public schools, elementary and secondary grade levels.
C.
Agriculture. Agriculture as a principal use, including farming and truck gardening, provided that no smoke stall shall be over 20 feet in height and only oil or gas fuel shall be used for any greenhouse or other nonresidential heating plant.
E.
Family day-care homes.
F.
Residential clusters in the RA 40-CC Residential District. Subject to approval by the Planning Board of a subdivision pursuant to Chapter 218, Subdivision of Land, of this Code, a residential cluster development shall be permitted in the RA 40-CC District on the following conditions:
(1)
The entire parcel proposed for the residential cluster development shall contain no less than 200,000 square feet.
(2)
The maximum number of dwelling units in the residential cluster development shall be no greater than the number of dwelling units that would have been permitted by the Planning Board under a subdivision plat that meets all of the requirements of the RA 40 District as set forth in the Zoning, Area and Bulk Schedule.[1]
[1]
Editor's Note: The Zoning, Area and Bulk Schedule is included at the end of this chapter.
(3)
All lots in the residential cluster development and all dwellings thereon shall meet all of the requirements of the RA 25 District, as set forth in the Zoning, Area and Bulk Schedule.
(4)
Common open space or public open space shall be provided in accordance with subdivision approval by the Planning Board. The minimum amount of such open space shall be equal to the product of the number of lots permitted in the proposed residential cluster development multiplied by the difference between 40,000 square feet and the average size of the lots in the proposed residential cluster development.
G.
Residential Clusters in the RA 25-CC Residential District. Subject to approval by the Planning Board of a subdivision pursuant to Chapter 218, Subdivision of Land, of this Code, a residential cluster development shall be permitted in the RA 25-CC District on the following conditions:
(1)
The entire parcel proposed for the residential cluster development shall contain no less than 200,000 square feet.
(2)
The maximum number of dwelling units in the residential cluster development shall be no greater than the number of dwelling units that would have been permitted by the Planning Board under a subdivision plat that meets all of the requirements of the RA 25 District, as set forth in the Zoning, Area and Bulk Schedule.
(3)
All lots in the residential cluster development and all dwellings thereon shall meet all of the requirements of the RA 15 District, as set forth in the Zoning, Area and Bulk Schedule.
(4)
Common open space or public open space shall be provided in accordance with a subdivision approved by the Planning Board. The minimum amount of such open space shall equal the product of the number of lots permitted in the proposed residential cluster development multiplied by the difference between 25,000 square feet and the average size of the lots in the proposed residential cluster development.
H.
One-family residential development in the RA 30-LA Residential District. Subject to approval by the Planning Board of a subdivision pursuant to Chapter 218, Subdivision of land, a residential development shall be permitted in the RA 30-LA District on the following conditions:
(1)
The maximum number of dwelling units in the residential cluster development shall be no greater than the gross areas of the parcel located within the Borough of Old Tappan divided by 30,000 square feet or a total of 25 dwelling units, whichever is less.
(2)
A technique of lot averaging shall be permitted subject to the following conditions:
(a)
The minimum lot size shall be 12,500 square feet;
(b)
A maximum of 65% of all residentially utilized lots within the development shall have an area of between 12,500 square feet and 14,999 square feet;
(c)
A minimum of 35% of all residentially utilized lots within the development and all lots abutting a county road or a private road or driveway shall have a minimum lot area of 18,000 square feet;
(d)
No lot shall exceed the maximum ratio of residential living area, defined as all enclosed building space exclusive of garage areas used exclusively for the storage of automobiles and other self-propelled vehicles, area utilized for mechanical and utility functions and any area where the floor-to-ceiling height is less than seven feet six inches to lot area, as set forth in the following table:
Minimum Lot Area (square feet) | Maximum Residential Living Area Ratio | |
|---|---|---|
12,000 to 12,999 | .256 | |
13,000 to 13,999 | .244 | |
14,000 to 14,999 | .241 | |
15,000 to 15,999 | .238 | |
16,000 to 16,999 | .233 | |
17,000 to 17,999 | .228 | |
18,000 to 18,999 | .223 | |
19,000 to 19,999 | .218 | |
20,000 or more | Maximum of 4,400 square feet; and |
(e)
All lots shall conform to the requirements of the RA 30-LA district as set forth in the Zoning, Area and Bulk Schedule.
(3)
Common open space or public open space shall be provided in accordance with subdivision approval by the Planning Board. The common open space shall be forever reserved as open space by deed restriction in a form to be approved by the Borough. In the discretion of the Planning Board, open space need not be in common ownership or open to the public but may be restricted for use as open space by private deed restriction in a form to be approved by the Borough.
(4)
All lots shall have available sanitary sewer service prior to the issuance of certificates of occupancy for any of the dwelling units.
(5)
The applicant shall pay a developer fee to the Borough in accordance with Article IV of Chapter 45, Land Use Procedures, hereof in an amount required to enable the Borough to transfer via regional contribution agreement the number of affordable housing units equal to 15% of the dwelling units in the residential cluster district except as follows:
(a)
If it has been finally determined by the New Jersey Council on Affordable Housing or a court of competent jurisdiction that the Borough has met its "fair-share" obligation under the Fair Housing Act[2] and all appeals from such a determination have been exhausted, then the applicant need not pay a developer fee in accordance with this section (for purposes of this chapter, "fair share" refers to the Borough's obligation to provide a realistic opportunity for the construction of its 1987 to 1993 fair share of affordable housing or its 1987 to 1999 fair share of affordable housing, whichever period is determined to be applicable to the Borough's petition for substantive certification filed in 1995); or
[2]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(b)
If it has been finally determined by the New Jersey Council on Affordable Housing or a court of competent jurisdiction that the Borough must provide a number of affordable housing units that is less than 15% of the dwelling units in the residential cluster district to meet its "fair-share" obligation under the Fair Housing Act and all appeals from such a determination have been exhausted, then the applicant must pay a developer fee in an amount required to enable the Borough to transfer via regional contribution agreement the number of affordable housing units needed for the Borough to meet its fair-share obligation as determined by the Council on Affordable Housing or a court of competent jurisdiction.
I.
Community residences for the developmentally disabled.
J.
Community residences for persons with head injuries and community shelters for victims of domestic violence. A community residence for persons with head injuries or a community shelter for victims of domestic violence for six persons or fewer, excluding resident staff, shall be permitted. Subject to conditional use approval by the Planning Board, a community residence for persons with head injuries or a community shelter for victims of domestic violence for more than six persons excluding resident staff, shall be permitted on the following conditions:
(1)
Off-street parking. One space for each resident plus one space for each staff member.
(2)
Bedrooms. Resident staff shall each have a separate bedroom.
(3)
Bathrooms. There shall be one bathroom facility for every three occupants with a minimum of two bathroom facilities.
(4)
Minimum lot area. The minimum lot area shall be 20% greater than the minimum lot area required for the district where the property is situated for each occupant over six. For example, the minimum lot area for a residence or shelter with eight occupants shall be 40% greater than the minimum lot area for the district where the property is situated.
(5)
Signs. No signs shall be permitted on the residence or shelter designating it a community residence for the developmentally disabled or for persons with head injuries or a community shelter for victims of domestic violence.
(6)
Conformity with neighborhood. The residence or shelter shall be maintained and conform in design to single-family residences in the neighborhood.
(7)
Driveway. The driveway shall be consistent in design with driveways in the neighborhood.
(8)
Site plan approval. The conditional use applicant shall also obtain site plan approval.
K.
One-family residential development in the RA 25-NL Residential District. Subject to approval by the Planning Board of a subdivision pursuant to Chapter 218, Subdivision of Land, a residential development shall be permitted in the RA 25-NL District on the following conditions:
(1)
Each lot shall conform to the bulk requirements for the RA 25 Zone as set forth in the Zoning, Area and Bulk Schedule for Old Tappan, New Jersey, as attached to and made part of this chapter,[3] except as follows:
(a)
The minimum lot width shall be 100 feet.
(b)
The minimum lot depth shall be 140 feet.
(c)
The maximum lot coverage shall be 25%.
[3]
Editor's Note: The Zoning, Area and Bulk Schedule is included at the end of this chapter.
(2)
Dead-ends and culs-de-sac. Because the zone encompasses only a single property which has access only at the front of the lot to DeWolf Road and no public road access at the rear of the lot, is too narrow to accommodate construction of a loop road, and is too deep to permit access to housing units on the rear portion of the lot via a dead-end street or cul-de-sac of less than 1,200 feet, a dead-end street or cul-de-sac may be as long as 1,200 feet, but no longer.
(3)
Ingress and egress. One route of ingress and egress is required. No secondary or emergency road access is required.
(4)
Street jogs. Because the zone encompasses only a single property and the shape of the property requires that a road be constructed in order to accommodate its development consistent with this chapter and because of the proximity of another road, the requirement of § 218-16I of Chapter 218, Subdivision of Land, that street jogs with center-line offsets be 125 feet or more cannot be met. Therefore, this zone shall be exempt from said requirement.
(5)
The following additional requirements apply to lots adjoining lots identified as Lots 10.08 and 10.09 in Block 502:
(a)
Retaining walls. Retaining walls are permitted within the rear yard, provided that such walls are not located closer than 30 feet to the rear lot line. If a retaining wall is constructed within the rear yard, the area between the retaining wall and a line 40 feet from the rear lot line will be replanted with vegetation comparable to the vegetation removed to permit construction of the retaining wall.
(b)
Swimming pools. No swimming pools are permitted within the rear yard.
(c)
Limited development area. The portion of the lot located more than 40 feet from the rear lot line and less than 70 feet from the rear lot line shall be designated the "restricted development area." All accessory uses permitted in the RA 25 Zone shall be permitted in the restricted development area except garages.
§ 255-9 Permitted uses in RB 130 District.
In any RB 130 District, the following uses only shall be permitted:
B.
Senior citizen and low- and moderate-income housing, as provided herein.
C.
Public utilities as essential services.
D.
Municipal golf courses.
E.
Parks, playgrounds, firehouses, police stations, first aid and ambulance buildings, libraries, municipal buildings.
F.
Museums and cultural facilities.
[Added 6-7-2010 by Ord. No. 1013-10]
G.
Educational facilities.
[Added 6-7-2010 by Ord. No. 1013-10]
§ 255-10 Residential Clusters in the RA 40-CC Residential District.
Subject to approval by the Planning Board of a subdivision pursuant to Chapter 218, Subdivision of Land, of this Code, a residential cluster development shall be permitted in the RA 40-CC District on the following conditions:
A.
The entire parcel proposed for the residential cluster development shall contain no less than 200,000 square feet.
B.
The maximum number of dwelling units in the residential cluster development shall be no greater than the number of dwelling units that would be permitted by the Planning Board under a subdivision plat that meets all of the requirements in the RA 40 District as set forth in the Zoning, Area and Bulk Schedule.
C.
All lots in the residential cluster development and all dwellings thereon shall meet all the requirements of the RA 25 District, as set forth in the Zoning, Area and Bulk Schedule.
D.
Common open space or public open space shall be provided in accordance with subdivision approved by the Planning Board. The minimum amount of such open space shall be equal to the product of the number of lots permitted in the proposed residential cluster development multiplied by the difference between 40,000 square feet and the average size of the lots in the proposed residential cluster development.
§ 255-11 Residential Clusters in the RA 25-CC Residential District.
Subject to approval by the Planning Board of a subdivision pursuant to Chapter 218, Subdivision of Land, of this Code, a residential cluster development shall be permitted in the RA 25-CC District on the following conditions:
A.
The entire parcel proposed for the residential cluster development shall contain no less than 200,000 square feet.
B.
The maximum number of dwelling units in the residential cluster development shall be no greater than the number of dwelling units that would have been permitted by the Planning Board under a subdivision plat that meets all of the requirements of the RA 25 District as set forth in the Zoning, Area and Bulk Schedule.
C.
All lots in the residential cluster development and all dwellings thereon shall meet all of the requirements of the RA 15 District, as set forth in the Zoning, Area and Bulk Schedule.
D.
Common open space or public open space shall be provided in accordance with a subdivision approved by the Planning Board. The minimum amount of such open space shall be equal to the product of the number of lots permitted in the proposed residential cluster development multiplied by the difference between 25,000 square feet and the average size of the lots in the proposed residential cluster development.
§ 255-12 Land use intensity and distribution of low- and moderate-income units in the RB 130 Residential Zone.
The following requirements as to the density and distribution of low- and moderate-income dwelling units shall apply to the RB 130 Residential Zone:
A.
Overall residential density. The maximum overall residential density for low- and moderate-income dwelling units in the RB 130 Residential Zone shall be 10 units per acre. For the purpose of this section, internal streets, roads and rights-of-way shall be included in the acreage calculations.
B.
Low- and moderate-income housing. Within the RB 130 Residential District, low- and moderate-income housing, as defined herein, shall be provided.
C.
Distribution of low- and moderate-income dwelling units. For any development of low- and moderate-income housing in the RB 130 Residential Zone, 50% of all units for low- and moderate-income households shall be for moderate income households and 50% shall be for low-income households, both as defined herein.
D.
Distribution of dwelling types.
(1)
Within the RB 130 Residential Zone, low- and moderate-income dwelling units may be constructed as townhouses, patio houses, townhouse duplexes, triplexes or quadruplexes, provided that they comply with all area, yard and bulk requirements of this section as provided herein.
(2)
Within the RB 130 Residential Zone, at least 4% of the dwelling units shall be designed for occupancy by handicapped persons, in accordance with standards promulgated by the Federal Department of Housing and Urban Development. All senior citizen housing units shall be constructed "barrier free."
E.
Percentage of dwellings. Within the RB 130 Residential Zone, a total of 13.79% of the housing units shall consist of two-bedroom apartments and 86.21% shall consist of one-bedroom apartments.
§ 255-13 Permitted accessory uses.
A.
Customary accessory uses for one-family residential dwellings, including home occupations shall be permitted in any residential district.
§ 255-14 Yard and bulk requirements; building relationships.
A.
Within the RB 130 Zone, in addition to the area, yard and bulk regulations established in the zoning schedule, the following shall be the minimum distance between the buildings:
(1)
Front of one building to front of another building: 70 feet.
(2)
Side of one building to side of another building (other than an attached unit): 30 feet.
(3)
Rear of one building to rear of another building: 70 feet.
(4)
Front of one building to side of another building: 40 feet.
(5)
Front of one building to rear of another building: 70 feet.
(6)
Side of one building to rear of another building: 40 feet.
B.
The maximum length of a building group shall be six dwelling units or 150 feet in length.
C.
An offset shall be provided wherever more than two dwelling units are constructed adjacent to one another. Such offset shall be at least five feet.