Ordinance No. 13-2011. Lots 4, 5, 6, 7 and 8 in block 30.01 on the Tax Map of the Borough of Roseland have been rezoned from R-2 to OB-2.

Ordinance No. 7-2012. Safer Site Redevelopment Area Block 21, Lot 1.01.

(The Redevelopment Plan may be found in the Borough Offices)

Ordinance No. 06-2021. Lot 1 in Block 30 on the Tax Map of the Borough of Roseland has been rezoned from OB-2 to R-13/AH-7.

Ordinance No. 04-2024.

No accessory building or structure shall be built on any lot on which there is not a principal building or structure.

No trailer or mobile home shall be used in any zone district as an accessory building or structure.

No accessory building or structure shall have a ground floor area greater than fifty (50%) percent of the ground floor area of the principal building or structure on the same lot. Detached garages shall be limited in size to two (2) bays and shall not exceed a total size of twenty-two (22) feet by twenty-four (24) feet.

No accessory building or structure shall be permitted in a front yard.

Residential Districts.

Nonresidential Districts.

Screening and buffering shall be as specified in subsection 30-403.9.

Private swimming pools shall be fenced as specified in subsection 30-403.10.

No fence or wall shall be located within a clear sight triangle.

All buffers shall be a minimum of twenty (20) feet in width.

No construction shall occur within any buffer area except for the following, if specifically approved by the Board:

No removal of existing vegetation shall occur in any buffer unless said removal is in conjunction with construction or selective thinning of trees approved by the Board.

All screens shall be shown on the landscape plan.

Where nonresidential uses abut residentially zoned lots, and where existing vegetation within the buffer does not provide adequate screening, screening shall be provided in accordance with the above, unless the Board shall determine that because of the design of the site, screening is not necessary.

Required screens shall not be subject to the height limitations applicable to fences.

All parking areas shall be effectively screened with plantings consisting of continuous or dense evergreen hedge or other dense shrubbery or by means of walls or fencing on any side which abuts or faces a residential zone.

Screens shall be at least six (6) feet in height and shall be permanently maintained by the property owner to ensure continued effectiveness.

No private swimming pool, or associated structures, shall be permitted in any front yard.

If located in the side yard, no part of a private swimming pool, or associated structures, shall be closer to the side property line than the required side yard setback for a principal structure.

On corner lots no part of any private swimming pool, or associated structures, shall be constructed within the front yard requirement of either street.

Swimming pools and their associated structures shall be a minimum of ten (10) feet from the rear property line.

No pool shall be closer than twelve (12) feet to any accessory or principal building.

The height of any building or structure related to the pool shall not exceed twelve (12) feet in height.

No private swimming pool shall be closer than fifteen (15) feet to any on-site sanitary disposal system or part thereof provided, that this requirement shall not apply to any property which is served by and connected to a public sanitary sewer system.

The owner shall furnish a sketch of the proposed pool and related structures, drawn to scale on a property survey which had been prepared by a licensed surveyor or engineer (may be either original or photocopy), showing the location of the proposed pool and related structures relative to the property lines and existing buildings and improvements on the lot.

Parking or storage restricted; use as dwelling prohibited.

Under no circumstances shall any such structure or vehicle, other than any construction trailer actually used in conjunction with construction upon construction sites, be used for dwelling purposes, human habitation or occupancy of any kind or nature; nor shall the same be connected to any water main, sewer, gas, electric or other utility. Trailers used in connection with construction shall receive a trailer permit to park from the Construction Official who shall have reasonable discretion to regulate the place of parking, use, location and length of stay.

No mobile home, trailer or recreational vehicle shall be parked in the front yard of any residential dwelling. Whenever possible, all such vehicles shall be parked and stored by the owner thereof in that half of the rear yard closest to such primary structure dwelling, but shall not extend beyond a distance of twenty-eight (28) feet or one-half (1/2) of the length of the rear of the dwelling, whichever is less, and then only in such fashion that no part of such structure or vehicle shall project beyond the outside walls of the dwelling or above the highest point of the lowest roof thereof. The Construction Official or Zoning Official shall have authority to determine when it is not possible to park said vehicle or structure in the rear yard or whether, because of topography, property layout or other aesthetic considerations, it is more feasible to park as otherwise provided herein. In such cases, the structure or vehicle may be parked or stored in the other half of the rear yard or in the side yard, but no such structure or vehicle shall be parked or stored in such manner as to violate the side yard requirements for the zone district in which dwelling is located. All vehicles as listed above shall be parked on an approved parking area consisting of asphalt, concrete, pavers or stone as specified in Subsection 30-508.1. Under no circumstances shall any vehicle be parked on areas of lawn, landscape areas or unapproved parking areas.

All mobile homes, trailers and recreational vehicles not stored in an enclosed garage shall be reasonably screened. Screening may consist of trellis, latticework, decorative block, basket-weave fencing, open artistic block or other similar material at least four (4) feet in height approved by the Construction or Zoning Official, or may be shrubbery at least four (4) feet in height. All screening shall be maintained as originally approved. If the screening is not so maintained, any permit granted is subject to revocation by the Construction or Zoning Official. All screening shall also conform to any other Borough ordinance, including those concerning fences. The requirements of this section shall not apply to a construction trailer.

No motor home, trailer or recreational vehicle shall be parked, placed, kept or maintained on any lot or tract other than the lot upon which the principal residence of the actual owner of the same is located.

Any motor home, trailer, automobile or recreational vehicle parked or stored in accordance with the terms of this chapter must:

Temporary Parking. Any provision of this subsection notwithstanding, a trailer may be parked, placed or located off the street for a period not to exceed forty-eight (48) hours while engaged in the process of loading; or unloading; and any motor home, trailer or recreational vehicle may be parked in a driveway from sunset to sunrise the following morning where such structure or vehicle is then being used for recreational purposes.

Temporary Parking for Transients. Transients through or visitors to the Borough may park trailers in a driveway, side or rear yard of an occupied dwelling for a period of time not to exceed ten (10) cumulative days, provided such transient or visitor makes immediate application to the Construction or Zoning Official for a permit to so park on the premises of the occupied dwelling. Not more than one (1) such permit shall be issued to any one (1) owner or operator in any twelve (12) month period. No permit shall be granted unless the parking is without charge therefor.

Emergency Parking or Stopping. Emergency or temporary parking or stopping of a motor home, trailer or recreational vehicle is permitted on any street or highway within the Borough for not longer than one (1) hour subject, however, to any other and further prohibitions or limitations imposed by the traffic and parking regulations for that street or highway.

Exceptions. Anything herein to the contrary notwithstanding, a trailer may be temporarily parked or stored in the open in connection with:

Any signs not specifically permitted are hereby prohibited, except in accordance with applicable law.

No sign shall be located in such a manner as to materially impede the view of any street or intersection.

Except where otherwise provided, no sign or any part thereof shall be located closer than ten (10) feet to any lot line.

All height limitations shall be measured from ground level to the highest part of the sign or its supporting structure, whichever is higher.

Signs erected flat against the side of a building shall not extend above the height of the vertical wall or cornice to which they are attached.

All illuminated signs shall be lighted or exposed to artificial lighting by lights on or in the sign or directed toward the sign. No sign shall be lighted by means of flashing, revolving, or intermittent illumination. All lights shall be completely shielded from view of vehicular traffic using any public thoroughfare.

Temporary construction signs used as accessory to new construction or alteration on the premises are permitted only after a construction permit for said construction and Zoning Permit for the sign has been issued: provided, however, said temporary sign shall not exceed six (6) square feet in area in residential zones and twenty (20) square feet in area in nonresidential zones and must be removed either prior to the issuance of a certificate of occupancy for said construction or within seven (7) days of the completion of the alteration or renovation.

Real estate signs are permitted without a permit in all zones provided each complies with all of the following requirements:

Signs deemed necessary to the public welfare by the Borough, including but not limited to customary "No Trespassing" and traffic or circulation directing signs, are permitted without a permit in all zones. Such signs shall not pertain to any company, individual or business establishment or organization, fraternal or otherwise.

A sign not more than eight (8) square feet in area advertising the name of a church on the church premises, its pastor and its coming activities is permitted in all zones.

Temporary Signs Permitted upon Approval of Zoning Officer. Temporary announcement or promotional signs shall be permitted in all non-residence zone districts only, upon review and approval of the Zoning Officer, and upon issuance of a Zoning Permit, and shall conform to the following provisions:

Sandwich Board Signs. Temporary sandwich board signs shall be permitted in the B-1, B-2, and RM Zone Districts only, upon review and approval of the Zoning Officer, and upon issuance of a Zoning Permit, and shall conform to the following provisions:

Freestanding signs shall be supported by posts or pylons of durable materials which may include concrete, steel, treated wood, other suitable materials, or any combination of same. Supports for freestanding signs shall be set securely in the ground or concrete so that the sign will be capable of withstanding high winds. No other bracing or guy wire shall be permitted.

Any sign attached flat against the surface of a building shall be constructed of durable material and attached securely to the building with nonrusting metal hardware.

For single family dwellings, one (1) nameplate sign or customary sign for permitted uses, not more than two (2) square feet in area; provided, however, that no such sign shall be placed within ten (10) feet from any property line other than a street right-of-way line. Such signs may be either non-illuminated or illuminated non-flashing signs provided that the direct source of light is shielded in such a manner that it is not visible from the street or any adjoining residential property.

Signs in connection with each housing or land development as follows:

One (1) facade sign may be placed or inscribed upon the front facade of a building for each permitted use or activity. Said signs shall not exceed an area equal to ten (10%) percent of the front wall area of the building or portion thereof devoted to such use or activity; and the sum of the area of all facade signs shall not exceed ten (10%) percent of the total front wall area.

One (1) freestanding sign not exceeding fifteen (15) square feet in area in the B-1 Zone and thirty (30) square feet in area in the B-2 Zone nor ten (10) feet in height; provided, however, where more than one (1) use exists in a building, or where two (2) or more buildings share common site elements or are located on the same lot as indicated on an approved site plan, only one (1) freestanding sign shall be permitted. No freestanding sign shall be located in an area within twenty-five (25) feet of any boundary of a residential zone.

Signs are permitted in the window of any business located in the B-1 and B-2 Zone districts. The total sign area for all signs in the window shall not exceed twenty-five (25%) percent of the area of the face of the window upon which said sign is attached.

Signs attached and parallel to the face of the building. One (1) facade sign for each building may be placed or inscribed upon one facia of the building. The signs shall not exceed an area equal to ten (10) percent of the facade upon which the sign is to be located, but in no case shall the area of the sign exceed ninety (90) square feet.

One (1) freestanding sign for each street frontage is permitted only if the premises being advertised have a minimum lot width at the required front yard setback of three hundred (300) feet and no building is closer than seventy (70) feet to the front street property line; provided, however, that no freestanding sign shall be placed within thirty (30) feet to any street or highway right-of-way line nor thirty (30) feet to any other property line.

One (1) freestanding sign advertising the name of the station and the principal products sold on the premises, including any special company or brand name, insignia, or emblem, and price information provided that the total area of such sign shall not exceed ninety (90) square feet in area on each side and that each component of such sign shall not exceed fifty (50) square feet. Such sign shall be placed not less than ten (10) feet within the property line and no portion of said sign other than supporting members shall be less than ten (10) nor more than twenty-five (25) feet above the ground. Such sign may display the day's fuel prices in numerals no more than nine (9) inches high. The numerals may be formed utilizing light-emitting diode (LED) technology. The brightness or intensity of any LED used in such numerals shall not exceed a maximum of five thousand (5,000) candelas per square meter during daytime hours, and five hundred (500) candelas per square meter between dusk and dawn, at the source.

Freestanding signs are subject to Board approval.

Facade signs for each face of the building fronting on a road or street, not in excess of ten (10%) percent of the wall area or fifteen (15) square feet, whichever is the lesser.

Directional signs or lettering displayed over individual entrance doors or bays or pumps, consisting only of the words "washing", "lubrication", "repairs", "mechanic on duty", "full", "diesel" or other words closely similar in import, provided that there, shall be not more than one (1) such sign over each entrance, bay, or pump; the letters thereof shall not exceed twelve (12) inches in height, and the total area of each sign shall not exceed three (3) square feet.

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 sign required by law, and not exceeding a total of two (2) square feet on each pump.

One (1) temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that such sign does not exceed six (6) square feet in area.

Signs using red, yellow and green lights which might be confused with the operation of any traffic control signal.

Moving or revolving signs and signs using blinking, flashing, vibrating, flickering, tracer or sequential lighting.

Signs using neon lights or any material which sparkles or glitters, but nothing herein contained is intended to prohibit the use of reflective paint on signs directing traffic or identifying various locations within a lot or parcel.

Any sign which unreasonably tends to distract drivers or otherwise constitutes a traffic hazard.

Roof signs.

Signs or advertising matter of an indecent or obscene nature.

Signs using words such as "stop", "look", "danger", etc. which are placed in a manner or position which constitute a traffic hazard or otherwise interfere with the free flow of traffic.

Signs which attempt to imitate or otherwise cause confusion with existing signs erected by any governmental board, body or agency.

Except where specifically permitted, signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premises and any other signs unrelated to the premises on which the sign is erected.

Signs causing interference with radio or television reception.

Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.

Flags, banners, strings of banners, pinwheels, A-type signs, sandwich-type signs, curb signs, and similar advertising devices, except as specifically permitted in subsections 30-403.17c11 and 30-403.17c12.

Signs placed on awnings, trees, fences, utility poles, light poles; signs attached to other signs and signs placed upon motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign; but nothing herein contained is intended to prohibit the placement of signs directing traffic or identifying various locations within a lot or parcel on light poles and utility poles erected therein.

Any series of two (2) or more signs placed along a street or highway carrying an advertising message, part of which is contained on each sign.

A sign on a motor vehicle, truck, trailer, whether or not operational and whether or not self-propelled which is used or parked or designated to be parked for advertising purposes. Specifically exempted from this section are those signs, nameplates, or letters affixed to or printed upon commercial vehicles regularly used in the course of business for regular deliveries, pick ups or other such purposes and/or in compliance with the provisions of N.J.S.A. 39:4-46. Specifically included are signs on vehicles, trailers, and the like which have as their prime purpose the advertising of goods, wares, or services of a business which are maintained in a stationary manner at one (1) or more locations for extended periods of time.

Non-illuminated directional signs identifying parking areas, loading zones, entrances, exits, and similar locations. The signs may include a business name or professional name but shall not include any advertising message and shall not exceed three (3) square feet.

Temporary and permanent traffic signs and signals installed by the Borough, County or State for the purpose of directing and regulating the flow of traffic.

Signs indicating public transportation stops when installed by the Borough or a public transportation utility.

Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six (6) square feet in area and which are installed by government agencies or civil or religious organizations.

Warning and no-trespassing signs, not exceeding three (3) square feet in area.

Flags or emblems, of religious, educational, civic, or governmental organizations flown from supports on the buildings or grounds occupied by the organization and the American flag whenever and wherever flown in accordance with the laws and rules promulgated by the Federal government.

Name and number plates identifying residents and affixed to a house, apartment or mailbox, not exceeding seventy-two (72) square inches in area.

Lawn signs identifying residents, not exceeding one and one-half (1 1/2) square feet in area for each side. The signs shall not contain any advertising message and shall be nonilluminated except by a light which is an integral part of a lamppost if used as a support.

Signs posted by governmental agencies or pursuant to governmental statute, order or regulation.

One (1) temporary sign announcing a special community activity or event, of a size no greater than thirty-two (32) square feet, shall be permitted on the site of the special activity or event for the duration of the activity or event.

Temporary, supplemental signs announcing a special community activity or event shall only be permitted to be erected on Borough owned properties only, and in locations as approved by the Zoning Officer. No more than one (1) sign per lot shall be permitted.

Temporary, supplemental signs announcing a special community activity or event shall be limited in size to four (4) square feet. Such signs shall be permitted to be erected no earlier than two (2) weeks prior to the activity or event and must be removed at the conclusion of the activity or event.

Only one permanent generator shall be permitted.

The generator shall comply with the side yard setback requirements for principal uses of the zone. Generators may extend not more than five feet into the required or nonconforming rear yard setback requirement of the zone. In no event shall a generator be placed less than 30 feet from a rear property line. In the case of an installation of a generator in residential zones other than the single-family residential district, then the setback requirements shall conform to the requirements set forth in Subsection 30-403.23.2 above.

The generator and any related improvements shall be installed in accordance with the generator manufacturer's recommendations, the most current editions of the National Fire Protection Association, the National Electric Code, the International Fire Code New Jersey Edition, the National Standard Plumbing Code New Jersey Edition, and the International Residential Code New Jersey Edition.

The footprint of the generator, including the pad, will not be counted as impervious coverage.

The footprint, including the pad and cover, shall not exceed 12 square feet and a height of four feet.

The generator shall be used only during periods of emergency or for periodic testing and necessary maintenance operations.

The generator shall at all times comply with any ordinance or regulation of the Borough of Roseland imposing noise restrictions except when used for emergency purposes, testing, or repairs, and said system must at all times be outfitted with a working muffler.

The exhaust of the generator shall, as much as practically feasible, be vented upwards or directed away from neighboring properties.

The generator shall be operated for routine testing and maintenance purposes not more than one time in any seven-day period, and no test shall exceed 30 minutes. Testing of emergency generators is permitted Monday through Saturday only (excluding holidays), between the hours of 11:00 a.m. and 12:00 p.m. or 2:00 p.m. and 3:00 p.m.

Testing may be conducted when the unit is being repaired, provided that such testing period shall not exceed 30 minutes and shall be conducted only between the hours of 10:00 a.m. and 5:00 p.m. Monday through Saturday, excluding holidays.

Single-family detached dwelling in the R-1, R-2, R-3, and R-4 only.

Townhouses in the R-5 and R-6 Districts only.

Garden apartment units in the R-6 District only.

Public parks and playgrounds.

Family day-care homes.

Open space in all districts.

Accessory structures shall be limited to pools (in-ground or aboveground), cabanas, decks, sheds (not exceeding 150 square feet), and detached garages (as permitted by Subsection 30-403.7a3 of this article). The total number of accessory structures per single-family lot shall not exceed three.

Signs as permitted and regulated.

Not more than two roomers or boarders per dwelling unit.

Private, noncommercial swimming pool, tennis court or racquetball court.

Fences and/or walls.

Private, noncommercial greenhouses.

Home occupations.

Public and private schools.

Church or other place of worship.

Municipal uses.

Board of Education Uses.

Public utility facilities.

Residential professional offices.

Tract and Lot Area. Minimum tract size for townhouse uses shall be five (5) acres.

Height. No building shall exceed a maximum of thirty-five (35) feet in height.

Yards. No building containing a single-family attached dwelling unit shall be closer than fifty (50) feet to any abutting street right-of-way line nor closer than fifty (50) feet to any other property line. Accessory structures and parking are permitted in the side and rear yard provided no accessory structure or parking area shall project closer than twenty (20) feet to any property line.

Minimum Distance Between Buildings. There shall be a minimum distance between dwelling structures as provided in the following schedule:

Density. The average density of any parcel of land shall not exceed six (6) single-family attached dwellings for every acre of the tract of land so developed. Building coverage shall not exceed twenty (20%) percent of the tract.

Units per Structure. No structure shall contain more than eight (8) single-family attached dwellings.

Rooms. All single-family attached dwellings shall contain at least one (1) bedroom separate from the living area.

Off-Street Parking. See Section 30-520.

Lighting. Reasonable yard lighting shall be provided to illuminate the premises at night. All wiring shall be laid underground. All lighting fixtures shall be so arranged so that the direct source of light is not visible from any residential areas as approved by the Board.

Partition Walls. There shall be between each single-family attached dwelling a firewall which shall be constructed pursuant to the following specifications as verified by the Construction Official. Such noncombustible wall shall have a sound transmission classification (STC) of not less than fifty-two (52) based on the laboratory test procedure specified in the ASTM (American Society of Testing Materials) recommended practice E-90-66T.

Landscaping. All outdoor areas shall be landscaped as approved by the Board. All parking and service areas shall be adequately screened and shielded from adjacent residential areas and located on the site as approved by the Board. Interior development roads and pedestrian walks shall be provided with shade trees. Open spaces adjacent to and between buildings, border strips along interior development roads, and areas along the sides of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material ground cover. Approaches to single family attached dwelling structures and entrance areas shall be attractively shrubbed.

Top soil shall not be removed from the site during construction but shall be stored and redistributed to areas within the development most exposed to view by occupants and the public and such areas shall be stabilized against erosion by seeding or planting.

Utilities. Every dwelling must be connected to the public sanitary sewer and water systems, as approved by the Board. Fire hydrants shall be installed by the developer in adequate numbers and at locations recommended by the Borough Engineer. All utilities such as electricity, telephone and the like shall be installed underground. Adequate provision for storm drainage must be made as approved by the Board after consultation with the Borough Engineer.

Traffic. The Board shall require entrances and exits to the site at locations and widths that will minimize traffic congestion and result in the best vehicular and pedestrian circulation pattern both on and abutting the site. The Board may require the applicant to submit a traffic engineering study prepared by a licensed professional traffic engineer which will indicate the impact that the development of the site will have on surrounding roads. This traffic study shall include the following elements:

Guarantees. The applicant shall furnish to the Board, as a condition of final site plan approval, agreements, covenants, master deeds, bylaws and other instruments deemed necessary by the Board to effectively guarantee and verify that:

Tract Area. Minimum tract size shall be nine (9) acres.

Project Size. There shall be at least sixty (60) dwelling units within each garden apartment project or any development section thereof.

Density. The number of dwelling units in the overall development area shall not exceed an average of ten (10) dwelling units per acre. Building coverage shall not exceed twenty (20%) percent of the tract.

Units per Structure. No structure shall contain more than twelve (12) dwelling units.

Utilities. Every garden apartment development must be connected to the public sanitary sewer and water systems, as approved by the Borough Engineer. Fire hydrants shall be installed by the developer in adequate numbers and at locations as approved by the Board. Telephone and electric wiring shall be laid underground.

Height. No building containing garden apartment units shall exceed thirty-five (35) feet in height.

Frontage. Every lot shall have a frontage of not less than one hundred (100) feet measured along the front street right-of-way line.

Setback. No building, structure or parking area shall be located within fifty (50) feet of any pre-existing public street as of the time of the initial application. Every building or structure shall have a minimum setback of twenty-five (25) feet from all interior development roads and shall have a setback of fifty (50) feet from adjoining property lines bounding the development area. Accessory structures and parking in the side and rear yards are permitted provided no accessory structure or parking area shall project closer than twenty (20) feet to any property line.

Minimum Distance Between Buildings. There shall be a minimum distance between dwelling structures as provided in the following schedule:

Superintendent. Each garden apartment project shall have a building superintendent residing on the premises.

Landscaping. All open spaces in any garden apartment project shall be adequately landscaped and maintained in good condition after approval by the Board. All parking and service areas shall be so screened that adjacent residential areas are shielded from said parking or service areas, and all ingress and egress driveways to and from said parking and service areas shall only be located within the R-6 Zone District.

Lighting and Wiring. Yard lighting shall be provided during the hours of darkness to provide illumination for the premises and all interior sidewalks, walkways and parking areas thereon. All electrical and telephone wiring shall be laid underground and all lighting fixtures shall be so arranged that the direct source of light is not visible from any street or adjacent residential areas.

Parking. All garden apartment development shall meet the off-street parking provisions of Section 30-520.

Location. No dwelling unit or any portion thereof shall be located below the first story or above the second story of any garden apartment structure.

Facilities. Each dwelling unit shall contain complete cooking, toilet and bathing facilities; provided, however, that any garden apartment dwelling unit containing more than two (2) bedrooms shall have at least one and one-half (1 1/2) baths. For the purpose of administering this subsection, a half bath shall consist of at least a toilet and a sink.

All bedrooms shall be separately partitioned and enclosed.

Each garden apartment dwelling structure shall contain a readily accessible interior storage area in the basement of at least five hundred (500) cubic feet per dwelling unit. The height of any such storage area shall not be less than seven (7) feet.

Each garden apartment dwelling structure shall contain separately partitioned clothes washing and drying areas of at least ten (10) square feet of floor area per dwelling unit.

Driveways. Private driveways, where approved by the Board, shall provide adequate access and circulation within the development as well as relative to public thoroughfares and shall be in harmony with the proposals of the Master Plan, the Official Map, and the requirements of the Board. All drives, access roadways and sidewalks shall be properly paved, curbed and drained as approved by the Borough Engineer and shall comply with the requirements of the ordinances of the Borough of Roseland. All driveways shall have a minimum pavement width of twenty-four (24) feet between curbs. However, access roadways shall have a minimum pavement width of thirty (30) feet between curbs. Private access roadways, where necessary, shall be designated as Emergency Vehicle Routes. Curb parking along these routes shall be prohibited and the prohibition enforced by the Borough.

In the R-7/AH-1 District, properties may be developed only for townhouses at a maximum density of six (6) housing units per acre, exclusive of any State or Federally designated wetland or other wetland area confirmed by professional investigation and any area containing slopes exceeding a grade of fifteen (15%) percent and subject to other requirements and limitations as may be imposed by this chapter, provided, however, that not less than thirty-six (36) housing units shall be designated for occupancy by low- and moderate-income households less any units as may be transferred under a regional contribution agreement. The units designated for low- and moderate-income households may be either townhouses or apartments.

In the R-8/AH-2 District, properties may be developed only for townhouses at a maximum density of six (6) housing units per acre, exclusive of any State or Federally designated wetland or other wetland area confirmed by professional investigation and any area containing slopes exceeding a grade of fifteen (15%) percent, and subject to other requirements and limitations as may be imposed by the chapter provided, however, that not less than twenty (20%) percent of the total number of housing units shall be designated for occupancy by low- and moderate-income senior citizen households. The units designated for low- and moderate-income senior citizen households may be either townhouses or apartments.

In the R-9/AH-3 District, properties may be developed only for townhouses at a maximum density of six (6) housing units per acre, exclusive of any State or Federally designated wetland or other wetland area confirmed by professional investigation and any area containing slopes exceeding a grade of fifteen (15%) percent, and subject to other requirements and limitations as may be imposed by this chapter provided, however, that not less than twenty (20%) percent of the total number of housing units shall be designated for occupancy by low- and moderate-income households.

Private garages.

Buildings for storage of maintenance equipment.

Off-street parking as regulated in Section 30-520.

Signs in accordance with subsection 30-403.17.

Private recreation buildings and facilities, including swimming pools, intended for use by residents of the premises.

Minimum lot area - fifteen (15) acres.

Minimum setback from streets and tract boundary - fifty (50) feet.

Maximum building coverage - twenty (20%) percent of site.

Maximum height of building - No building shall exceed a height of two and one-half (2-1/2) stories or thirty-five (35) feet.

Maximum Number of Dwelling Units per Building:

Townhouses-eight (8);

Apartments - sixteen (16);

Townhouses and apartments-twelve (12).

Parking - Adequate provision shall be made for off-street parking in accordance with all applicable provisions of Section 30-520 of this chapter.

Dispersal of low- and moderate-income Housing Units: In the R-8/AH-2 and R-9/AH-3 Districts, low- and moderate-income housing units shall be interspersed with market rate units both throughout the development and within individual buildings. No building shall be devoted exclusively to low- and moderate-income housing units. In buildings containing low- and moderate-income housing units, not more than seventy-five (75%) percent of the total number of units shall be low- and moderate-income housing units.

Setbacks. Accessory buildings shall meet the street and property line setbacks of the principal building. Swimming pools, tennis courts and other surfaced recreation facilities shall be at least one hundred (100) feet from a residential property line and at least fifty (50) feet from any other property line.

Height. The maximum height of an accessory building shall be sixteen (16) feet. Clubhouses shall be governed by height limitations for principal buildings.

Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.

Not less than fifty (50%) percent of the low- and moderate-income units in each development shall be made affordable and sold or rented to low income households.

In the R-7/AH-1 and R-9/AH-3 Districts, at least thirty-five (35%) percent of the low and thirty-five (35%) percent of the moderate income units shall be two (2) bedroom units. At least fifteen (15%) percent of the low and fifteen (15%) percent of the moderate income units shall be three (3) bedroom units, and no more than twenty (20%) percent of the low and twenty (20%) percent of the moderate income units shall be efficiency or studio units. In the R-8/AH-2 District, low- and moderate-income units need contain no more than one (1) bedroom; provided, however, that no more than twenty (20%) percent of the low and twenty (20%) percent of the moderate income units shall be efficiency or studio units.

Minimum floor area requirements for low- and moderate-income housing units shall be as follows:

All buildings containing low- and moderate-income units shall be comparable to those containing market units in terms of architectural design and quality of building materials. All site amenities, including recreation facilities, shall be available to low- and moderate-income households to the same extent that they are available to households occupying market units.

The Administrative Agent shall designate an application period during which applications to purchase or rent units will be accepted.

Applications shall be accepted only if submitted on an application form prepared and approved by the Administrative Agent. Applications shall be completely filled out and notarized. Knowingly or intentionally making any false statement on a form shall be grounds for disqualifying an applicant even if the applicant is otherwise eligible. The following information shall be required to determine income eligibility for low- and moderate-income housing:

The Administrative Agent shall determine whether the applicant meets the income and other requirements established in these regulations. The review process shall also involve a credit background report. To be an eligible applicant, the applicant shall have an acceptable credit history such that there is a realistic possibility that he will be approved for a mortgage.

The Administrative Agent will determine which eligible applicants shall be offered the opportunity to purchase or rent units. Selection from among the eligible applicants shall be on a random basis subject only to the priority schedule established herein.

All applicants for the purchase or rental of low- and moderate-income units shall meet the income qualifications established within this subsection at the time the application is filed and shall be qualified at the time of taking title or occupancy.

Where the number of applicants exceeds the number of low- and moderate-income units available, the sale or rental of such units shall be determined by lottery.

Appeals. In the event that an applicant is determined to be ineligible for a low- or moderate-income unit by the Administrative Agent, the applicant may submit additional proofs and request reconsideration by the Affordable Housing Board. Such request for reconsideration shall be made within five days of receipt of notice of denial by the applicant.

Waiting List. The Administrative Agent may establish a waiting list for the remaining eligible applicants in the manner established herein. After all the units are occupied, the Administrative Agent, in consultation with the Council, may choose to accept new applications. If an applicant is deemed eligible, the applicant shall be placed on the waiting list at the bottom of the particular priority classification for which the applicant qualifies. The Administrative Agent shall periodically recertify the applicants on the waiting list to ensure that the list remains current and that the applicants are still qualified for the units to which they applied.

The Council shall adopt income eligibility ceilings for low- and moderate-income units for various sized households based upon United States Department of Housing and Urban Development "uncapped median income by family size" for the PMSA in which Roseland is located. No applicant with a household income in excess of these ceilings shall be eligible to rent the low- and moderate-income units.

Upon periodic publication of updated income standards by the United States Department of Housing and Urban Development, the Council shall modify its income eligibility ceilings accordingly.

Income shall include all sources of income, whether taxable or nontaxable including Social Security and pensions.

Imputed Income. For the purpose of determining eligibility and rents, interest on the present value of real property and extraordinary personal property owned by the applicant shall be imputed at the interest rate on ninety (90) day Treasury Bills at the end of the most recent calendar quarter.

The income and assets of all members of the household as well as the income and assets of any individual who is expected to occupy the unit for which the household is seeking to qualify shall be included in the determination of eligibility and of rents. The form used for verification of household income shall include an affidavit attesting that the application contains the complete income of all current or anticipated household members.

All units offered for sale or rent are to be affordable to a cross-section of low- and moderate-income households: with respect to low income households, that shall include households earning between thirty-five (35%) percent and fifty (50%) percent of median, adjusted for household size; and with respect to moderate income households, that shall include households earning between fifty (50%) percent and eighty (80%) percent of median, adjusted for household size.

The average price of low- and moderate-income units shall be, as best as practicable, affordable to household at fifty-seven and one-half (57.5%) percent of median annual income as contained in N.J.A.C. 5:92-12.4.

The following distribution of prices for every twenty (20) low- and moderate-income units is established:

For purposes of assuring affordability of housing units to low- and moderate-income households of varying sizes, it shall be assumed that housing units of different sizes will be occupied by households of different optimum sizes as follows:

Sales prices shall be considered affordable where the household purchasing the unit will not spend more than twenty-eight (28%) percent of gross household income for mortgage payments, property taxes, insurance, and homeowners association fees, if any. In making these calculations, the following considerations shall govern:

Rental prices shall be considered affordable where the household renting the unit will not spend more than thirty (30%) percent of gross household income for rent, excluding utilities. Maximum rent shall be calculated as a percentage of the uncapped Section 8 income limit or other recognized standard adopted by the COAH that applies to the rental housing unit.

The Administrative Agent shall submit all prices, including (where applicable) the proposed stratification, proposed affordability level, and documentation for all elements as set forth above to the Council which may modify the prices where necessary to comply with this rule. No representation with respect to the price of any low- and moderate-income unit may be made by the Administrative Agent until that price has been approved by the Council.

All resale transactions of affordable housing units shall be administered by the Administrative Agent. From the date on which the Administrative Agent receives a notice of intent to sell by the owner of a low- and moderate-income unit, the Borough shall have the exclusive right to purchase the unit or to refer prospective purchasers to that unit for a period of 90 days unless waived in writing by the Council. In the event that a contract for the unit is executed within the ninety-day period set above and the prospective buyer is unable to close, the period during which the Administrative Agent shall have the exclusive right to market the unit is automatically extended for a period of 21 days from the date it is notified of the buyer's inability to close.

In the event that no contract has been entered into for the unit at the end of a ninety-day period, the owner of the unit may seek approval to sell the unit directly. The Borough may choose not to purchase the unit only if, in its judgment, there is no purchaser willing to pay the resale price as determined here. If the Borough chooses at that point not to purchase the unit, it shall authorize the applicant to sell the unit as follows unless it determines that the failure to enter into a contract was the result of negligence, absence of good faith effort or lack of cooperation on the part of the seller:

Percentage increase in household income. The price approved by the Administrative Agent at which the seller acquired the property shall be the base price. The base price shall be multiplied by 100 plus the percentage increase in the H.U.D. uncapped median income by family size for the P.M.S.A. in which Roseland Borough is located from the time of acquisition of the property to the date that notice of intent to sell is given to the Administrative Agent divided by 100. For example, if the base price is $30,000 and the median income at the time of the acquisition is $32,000 and at the time of the resale transaction has increased 25% to $40,000 then the resale price is as follows:

100/1 ± 25/100 = 1.25

$30,000 x 1.25 = $37,500

Improvements. In addition, the seller shall be entitled to add to the selling price of the unit the cost of an eligible capital improvement which, pursuant to N.J.A.C. 5:92-12.8, renders the unit suitable for a larger household.

Upon request of an owner of a low- or moderate-income unit, the Administrative Agent shall consider within 30 days whether to grant prior approval of any improvement and to approve a specific dollar amount up to the amount actually expended for that improvement.

Deductions for repairs made necessary by owner. The Administrative Agent shall upon notice from the owner of an intent to sell have an inspection of the unit made. In the event that, as a result of the inspection, the Administrative Agent determines that the unit is in need of substantial repairs with respect to plumbing, heating, roof, electrical, structural or foundation defects or that the unit has been left in an infested condition, the Administrative Agent shall submit in writing to the owner a list of violations and/or necessary repairs. The estimated cost of any required repair or improvement not completed by the owner prior to the date of closing shall be deducted from the resale price, and the cost to complete these repairs shall be then placed in an escrow account to cover the cost of the repairs.

If the seller elects to retain his own attorney, that fee shall be borne by him.

The first mortgage did not exceed 100% of the authorized sales price of the unit by the current occupant (unless written authorization was given by the Borough for the owner to enter into a mortgage for a higher amount).

The Borough has been given both notice of the default by the mortgagee, as well as notice of the institution of foreclosure. In addition, the Borough has not exercised its rights to cure the default.

The lender who is the foreclosing mortgagee is the successful bidder at a sheriff's sale and takes title by deed from the sheriff; or the Borough has given written approval for a deed in lieu of foreclosure.

An announcement that specifies eligibility requirements, and a request for application for low- and moderate-income units shall be placed in the following newspapers:

The Star Ledger

The Progress

Newspaper articles announcing the availability of low- and moderate-income housing units shall be submitted to the foregoing newspapers.

The availability and eligibility requirements of low- and moderate-income housing shall be announced to the Essex County Division of Housing and Community Development, the Essex County Division of Welfare, the Essex County Division on Aging, local church groups and other appropriate local and areawide groups and the cable television local access channel.

The purchase and rental of affordable housing units shall be prioritized as per paragraph j. above.

The marketing program will commence at least ninety (90) days before issuance of either temporary or permanent certificates of occupancy and shall continue until all low- and moderate-income housing units are under contract of sale and/or lease.

Retail sales and services with the exception that convenience stores are permitted in the B-2 Business Zone only and are permitted as a conditional use in the B-1 Business Zone only.

Business and professional offices.

In the B-1 Business Zone only, all uses as permitted in the R-4 Residential Zone, provided that such use shall meet the greater (more restrictive) of the lot and yard requirements of the R-4 Residential Zone or B-1 Business Zone.

Traditional full service restaurants. No restaurant of any kind shall include drive-in or drive-through service; ordering and pickup of food shall not be permitted to take place from a vehicle, nor shall exterior playgrounds or play areas be permitted. For the purposes of this chapter, a bar or tavern shall be considered a restaurant. A snack bar at a public or a nonprofit playground playfield, park, or swimming club, maintained solely by the agency or group operating the recreational facilities and for the sole use of the patrons of the facility, shall not be deemed to be a restaurant.

Fast-service restaurants, B-1 Zone only.

Banks.

Clubs, lodges, and fraternal, civic and charitable organizations.

Child care centers. Where the child care center is provided as an accessory to other uses on the same premises, the space it occupies will be exempt from any parking or density calculations required by this chapter.

Off-street parking and other accessory uses customarily incidental to the permitted principal use.

Apartments above the first floor, in the B-1 Zone only.

Church or other place of worship.

Public and private schools.

Municipal uses.

Board of education uses.

Public utility facilities.

Profit-making private schools and trade schools.

Public garages and gasoline service stations.

Fast service restaurants, B-2 Zone only.

Wireless telecommunication antennas and equipment, in the B-2 Zone only.

Convenience stores in the B-1 Zone.

Permitted principal buildings shall not be erected closer than fifty (50) feet to any other principal building situated on the same lot.

Curbed pedestrian walks, not less than ten (10) feet wide, shall be provided along the entire length of any wall of stores which contain public entrance or exit ways and/or display windows.

Offices for professional or business use, including executive, engineering, accounting, scientific, research and development, statistical and financial purposes.

Laboratories, devoted exclusively to research, product development and testing, engineering development and sales development.

Clubs, lodges, and fraternal, civic and charitable organizations.

Child care centers. Where the child care center is provided as an accessory to other uses on the same premises, the space it occupies will be exempt from any parking or density calculations required by this chapter.

Off-street parking and other accessory uses customarily incidental to the permitted principal use, including garages for storage of company motor vehicles; parking facilities; maintenance and utility shops for the upkeep and repair of buildings and structures on the site and equipment used on the site; central heating and power plants for furnishing heat and energy to structures on the site only, water, drainage, sewerage, fire protection and other utility facilities; educational facilities for training and study connected with the operation and activities of the owner or tenant; buildings for storage of documents, records, testing research and experimental equipment; communication facilities including antenna masts; clinics; cafeterias, sundry shops for the retail sale of articles to trainees and employees limited to one thousand five hundred (1,500) square feet of gross floor area; recreational facilities; living quarters for custodians or caretakers.

Banks, contained totally within the permitted principal use.

Church or other place of worship.

Public and private trade schools.

Municipal uses.

Board of Education uses.

Public utility facilities.

Profit-making private schools and trade schools.

Nursing homes in OB-2 and OB-3 Zones only.

Eating clubs.

Wireless telecommunication antennas and equipment.

Research laboratories.

Limited manufacturing, assembly and light industrial operations.

Clubs, lodges, and fraternal, civic and charitable organizations, as regulated in the OB-3 Zone District.

Offices for professional or business use, including executive, engineering, accounting, statistical and financial purposes, provided that such office use(s) shall be limited to a maximum of twenty (20%) percent of the total floor area of a building(s) on a site and shall not exceed a total of twenty-five thousand (25,000) square feet. Such calculation shall exclude office space ancillary to a research or manufacturing use; however, such ancillary office space shall not exceed twenty (20%) percent of the gross floor area of the research or manufacturing use.

Child care centers. Where the child care center is provided as an accessory to other uses on the some premises, the space it occupies will be exempt from any parking or density calculations required by this chapter.

Office space, accessory to a permitted principal use.

Accessory storage, limited to goods and materials necessary for and related to the principal use, within a wholly enclosed permanent building.

Off-street parking and loading, facilities and other customary buildings and uses accessory to the permitted principal use or building.

Self-storage facility.

Public and private trade schools.

Municipal uses.

Public passive and active outdoor recreational facilities.

Neighborhood shopping centers.

Board of Education uses.

Public utility facilities.

Public garages or gasoline service stations.

Wireless telecommunication antennas and equipment.

Shopping centers.

Multi-Family Housing.

Screening, landscaping or fencing shall be provided along the property lines of the tract, adjacent to any residential zone or residential use, in accordance with subsection 30-403.9 and Section 30-516.

Compliance with Section 30-505 and all applicable State and Federal environmental regulations, including air quality, water quality, noise, radiation, hazardous waste storage, handling and disposal, site clean-up and past pollution remediation.

Truck arrivals and departures and unloading and loading activities on site shall be limited to weekday daytime hours, between 8:00 a.m. and 6:00 p.m. Trucks on-site overnight shall be parked in designated, approved parking areas and shall not be left running. Truck arrivals and departures should be scheduled, to the extent possible, for off peak traffic times.

Outdoor commercial and noncommercial recreational uses; including horseback riding and jumping schools, bridle trails, hiking and nature trails, bicycle paths, picnicking, camping, field trails for dogs, wild life preserves, archery, tennis, ice skating, bird watching, ecology, nature classes, parks and playgrounds, and other recreational uses not inconsistent with the foregoing. In the C-R Zone only tennis courts, golf courses, miniature golf courses, commercial and noncommercial swim club.

These activities shall take place in designated areas only and are subject to all other applicable regulations.

In the C-R Zone only:

In the C Zone only:

Suitable screening, landscaping or fencing shall be provided along the boundaries of any outdoor athletic or recreation areas to protect adjacent properties from physical damage, noise, excessive light and to shield any adjacent area from the activities conducted on such areas.

Improvements shall be designed to result in the minimal degradation of and risk to unique or irreplaceable land types, historical or archaeological areas, and existing scenic and aesthetic attributes of the site.

In the R-10/AH-4 District, properties may be developed for townhouses and apartments at a maximum development yield of 211 housing units. Not less than 32 housing units shall be designated for occupancy by very-low-, low- and moderate income households. The units designated for very-low-, low- and moderate-income households shall be in the multifamily buildings. All affordable units shall comply with the Borough's Affordable Housing Ordinance, the Uniform Housing Affordability Controls ("UHAC"), applicable COAH affordable housing regulations including, but not limited to, phasing requirements, any applicable order of the Court, and other applicable laws.

Private garages.

Buildings for storage of maintenance equipment.

Off-street parking as regulated by § 30-520 of the Borough Code.

Signs in accordance with Subsection 30-403.17.

Private recreation buildings and facilities, including swimming pools, intended for use by residents of the premises.

Electric automobile charging stations shall be provided.

Minimum lot area: 18 acres.

NOTE: A tract may be subdivided to accommodate the construction of a townhome condominium development which shall otherwise conform to the requirements set forth in the R-10/AH-4 Affordable Housing Zone. The area of the new lot shall not be less than five acres. The bulk standards shall be based on the entire tract.

Minimum setback from public streets: 40 feet.

Minimum setback from tract boundary: 50 feet.

Maximum building coverage: 20% of site.

Maximum height of building: No multifamily building shall exceed four stories. No townhome building shall exceed three stories.

Parking: Adequate provision shall be made for off-street parking in accordance with § 30-520.

Low- and Moderate-Income Housing Units: In the R-10/AH-4 District, low- and moderate-income housing units shall be interspersed with market-rate apartment units. No townhouse building shall contain very-low-, low- and moderate-income housing units. All affordable units shall comply with the Borough's Affordable Housing Ordinance, the Uniform Housing Affordability Controls ("UHAC"), applicable COAR affordable housing regulations including but not limited to phasing requirements, any applicable order of the Court, and other applicable laws.

Setbacks. Accessory buildings shall meet the street and property line setbacks of the principal building. Swimming pools, tennis courts and other surfaced recreation facilities shall be at least 100 feet from a residential property line and at least 50 feet from any other property line.

Height. The maximum height of an accessory building shall be 16 feet. Clubhouses shall be governed by height limitations for principal buildings.

Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.

In the R-11/AH-5 District, properties may be developed for age-restricted apartments (in accordance with NJAC 5:80-26.1 et. seq.) at a maximum density of 12.5 housing units per acre. Not less than 12 housing units shall be designated for occupancy by very-low-, low- and moderate-income households. The units designated for very-low-, low- and moderate-income shall be in a multifamily, age-restricted building. All affordable units shall comply with the Borough's Affordable Housing Ordinance, the Uniform Housing Affordability Controls ("UHAC"), applicable COAH affordable housing regulations including, but not limited to, phasing requirements, any applicable order of the Court, and other applicable laws.

Private garages.

Buildings for storage of maintenance equipment.

Off-street parking.

Signs in accordance with Subsection 30-403.17.

Private recreation facilities, including swimming pools, intended for use by residents of the premises.

Electric automobile charging stations shall be provided.

Common outdoor public and private spaces.

Minimum lot area: four acres.

Maximum tract density: 12.5 units per acre.

Minimum percentage of affordable units: 18%.

Minimum front yard building setback: 50 feet.

Minimum side yard building setback: 35 feet.

Minimum rear yard building setback: 35 feet.

Minimum setback from tract boundary: 35 feet.

Minimum building setback from public roads: 45 feet.

Maximum impervious coverage: 70% of the site.

Maximum building coverage: 20% of the site.

Maximum height of building: three stories/45 feet.

Parking: Adequate provision shall be made for off-street parking in accordance with the State's Residential Site Improvement Standards (R.S.I.S.).

Very-Low-, Low- and Moderate-Income Housing Units: In the R-11/AH-5 District, very-low-, low- and moderate-income housing units shall be interspersed with market-rate apartment units. All affordable units shall comply with the Borough's Affordable Housing Ordinance, the UHAC, applicable COAH affordable housing regulations including, but not limited to, phasing requirements, any applicable order of the Court, and other applicable laws.

Setbacks. Accessory buildings shall meet the street and property line setbacks of the principal building. Swimming pools, tennis courts and other surfaced recreation facilities shall likewise meet the street and property line setbacks of the principal building.

Height. The maximum height of an accessory building shall be 16 feet. Clubhouses shall be governed by height limitations for principal buildings.

Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.

In the R-12/AH-6 District, properties may be developed for townhouses and age-restricted multifamily apartments at a maximum development yield of 108 market-rate stacked townhouse units and a thirty-unit age-restricted multifamily affordable housing building (22% set aside), for a total of 138 dwelling units. Not less than 30 housing units shall be designated for occupancy by very-low-, low- and moderate-income households. The units designated for very-low-, low- and moderate-income households shall be in the multifamily buildings. All affordable units shall comply with the Borough's Affordable Housing Ordinance, the Uniform Housing Affordability Controls ("UHAC"), applicable COAH affordable housing regulations including but not limited to phasing requirements, any applicable order of the Court, and other applicable laws.

Parking areas and lots as required by Chapter 30;

Loading areas as required by Chapter 30;

Landscaping as permitted by Chapter 30, except that the Planning Board may grant waivers from §§ 30-403.9 and 30-516.3;

Signage as permitted by Chapter 30, except that, notwithstanding § 30-403.17c7 and 8, a temporary sales sign not to exceed 32 square feet in area shall be permitted until the date of issuance of the first certificate of occupancy for the inclusionary development, and except that, notwithstanding § 30-403.17f2, a permanent entry sign not to exceed 32 square feet in area shall be permitted;

Refuse and recycling enclosures as regulated by Chapter 30;

Satellite antennae as regulated by Chapter 30 and/or federal law;

Fences and walls as regulated by Chapter 30, except that retaining walls may be higher than six feet, subject to review and approval by the Borough Engineer;

Driveways and utilities as regulated by Chapter 30;

Private attached garages to be used by occupants of the inclusionary housing development in this zone;

Trailers as regulated by Chapter 30, except that, notwithstanding § 30-403.12, temporary sales trailers shall be permitted until the date of issuance of the first certificate of occupancy for the inclusionary development, and temporary construction trailers shall be permitted until the date of issuance of the final certificate of occupancy for the inclusionary development; and

Any other customarily incidental accessory use, as determined by the Planning Board.

Minimum lot area shall be two acres.

Minimum lot width shall be 75 feet.

Maximum gross residential density for the R-12/AH-6 District shall be 14 dwelling units per acre and the maximum amount of total dwelling units shall not exceed 138 dwelling units.

Minimum front, rear and side yards from a lot boundary line for permitted principal and accessory uses shall be 10 feet.

Maximum impervious coverage is 75%.

Maximum height for principal structures shall be 3 1/2 stories or 55 feet.

Maximum Building Length: Each stacked townhome dwelling building shall not exceed 225 feet in length.

The market-rate dwelling units may be located on a separate lot from the affordable dwelling units.

Although parking is governed by the Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq., the Borough of Roseland recognizes that, due to local conditions, an alternative parking standard of one space per residential unit (for a total of 138 parking spaces) is appropriate for the inclusionary development on the property, in accordance with N.J.A.C. 5:21-4.1(c).

Any application for development for any portion or the entirety of the R-13/AH-7 Affordable Housing Zone shall be submitted in accordance with the requirements of Articles III, VI, and VIII of Chapter 30 of the Borough of Roseland Code, except as provided herein. Consistent with N.J.A.C. 5:93-10.1(b), no unnecessary cost generative requirements shall apply to any development of permitted uses within the R-13/AH-7 Affordable Housing Zone, including, but not limited to, the requirements of §§ 30-302.3, 30-302.4, 30-307.3a(20), 30-307.3a(37), 30-308.4, 30-308.9, and 30-309.4f of the Borough of Roseland Code. Applicants shall not be required to submit materials pursuant to §§ 30-311.2d1(f) and (g), 30-311.2d2 through 4, or 30-509.4 if such materials have not yet been prepared by the applicants or to the extent comparable information has been depicted on the applicants' site plans or architectural plans, and the Planning Board may condition approval upon the submission of such materials. For R-13/AH-7 tracts, the standards for off-tract development contributions provided by N.J.S.A. 40:55D-42 shall supersede and replace the requirements of §§ 30-310 through 30-310.4 of the Borough of Roseland Code.

Notwithstanding § 30-702.3, the initial escrow fee due at the time of initial filing of an application for development in the R-13/AH-7 Affordable Housing Zone shall be $15,000, to be replenished by the applicant as required by the Borough.

For the avoidance of doubt, development of principal permitted uses in the R-13/AH-7 Affordable Housing Zone shall constitute an affordable housing development and be exempt from payment of development fees pursuant to Chapter 30, Article X and/or § 30-1004 of the Borough Code. Other than the affordable housing set-aside standard specified for the R-13/AH-7 tract by the Borough Fair Share Plan and Housing Plan Element, no affordable housing set-aside shall be applied to the assisted-living/independent-living/memory-care facility.

It is the intent of this subsection for the Planning Board to expedite its review of any application for development submitted for this overlay zone within the time frames established under N.J.S.A. 40:55D-1 et seq. Notwithstanding §§ 30-303, 30-311.1, and 30-311.3b, the Planning Board may simultaneously consider waiver requests and an application for development at a single meeting, if so requested by an applicant. To that end, notwithstanding § 30-305.5, an application may be deemed complete despite the pendency of an applicant's waiver request. Section 30-305.5b shall not apply to any application conforming with the R-13/AH-7 Zone requirements. A conforming application shall not be expected to submit a sketch plan or conceptual site plan for review by the Planning Board pursuant to § 30-306.

Application may be made simultaneously for preliminary and final major or minor subdivision and/or major or minor site plan approval. In the event application for preliminary and final approval is made simultaneously, §§ 30-307.1, 30-307.5b through 30-307.8, 30-308.3, 30-308.5, 30-309.2, 30-309.3, 30-311.2c5, d10 and d11 shall not apply to such applications; however, these provisions shall apply for applications seeking only preliminary approval.

Sections 30-308.6, 30-308.7 and 30-308.12 shall not apply. Instead, the applicant shall provide a performance guarantee and maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

Notwithstanding § 30-403.19, the front, side, and rear yards for the tract shall be as follows:

In the R-13/AH-7 District, properties may be developed multifamily residential dwellings at a maximum density of 260 total dwelling units. Up to 218 market-rate units are permitted to be age-restricted, assisted-living, independent-living, or memory-care units. Not less than 42 housing units shall be designated for occupancy by very-low-, low- and moderate-income family households. All affordable units shall be family-rental units and shall comply with the Borough's Affordable Housing Ordinance, the Uniform Housing Affordability Controls ("UHAC"), applicable COAH affordable housing regulations, including, but not limited to, phasing requirements, any applicable order of the Court, and other applicable laws.

A maximum of 6,000 square feet of commercial use shall be permitted. Such uses may include retail sales and services and traditional full-service restaurants, either within the principal structure or within a separate building on the property. No restaurant of any kind shall include drive-in or drive-through service; ordering and pickup of food shall not be permitted to take place from a vehicle, nor shall exterior playgrounds or play areas be permitted. For the purposes of this section, a bar or tavern shall be considered a restaurant. Such uses may be similar or duplicative of resident amenities included within the assisted-living/independent-living/memory-care facility.

Notwithstanding § 30-403.6, multiple principal permitted uses and buildings shall be permitted on a single parcel within the R-13/AH-7 District. Furthermore, the 42 affordable apartments shall be in a separate 100% affordable structure from the assisted-living/independent-living/memory-care facility; or shall be integrated with the non-age-restricted multifamily market-rate units.

Private garages.

Buildings for storage of maintenance equipment.

Off-street parking, including surface parking.

Parking garages for automobiles.

Signs in accordance with § 30-403.17. For the avoidance of doubt, signs for the assisted-living/independent-living/memory-care facility and affordable apartments shall conform to § 30-403.17f2, with each such use constituting a separate development. Notwithstanding the foregoing, each sign permitted pursuant to § 30-403.17f2(a) shall be permitted to be 60 square feet in area. Signs for the R-13/AH-7 commercial use shall conform to § 30-403.17g governing the B-2 Zone. Each permitted use within the R-13/AH-7 Zone shall be permitted separate signage pursuant to this section, regardless of whether the R-13/AH-7 Zone is subdivided.

Private recreation facilities, which may include swimming pools; clubhouse; recreational facilities; sports facilities, including, but not limited to, fields, courts, putting greens; lobbies; fitness facilities; outdoor barbecues; firepits; gazebos; indoor and outdoor sale of food and beverages, including alcohol; retail sale of pantry and pharmacy items; leasing and management offices; club rooms; lounges; libraries; business centers; day spas; salons; barbers; game rooms; pool rooms; community gardens; rec rooms; children's play rooms; private theater rooms; community kitchens for tenant use; locker rooms; mail rooms; package storage areas; valet spaces; or related mechanical equipment; and/or similar interior tenant amenities, intended for use by residents of the Assisted-Living/Independent-Living/Memory-Care facility and/or the affordable apartments and their guests.

Dog park or dog run.

Earth station antennas.

Storage spaces unattached to affordable apartments, but used by occupants of affordable apartments, which are incorporated into the affordable apartments building.

Storage spaces unattached to Assisted-Living/Independent-Living/Memory-Care units, but used by occupants of such units, which are incorporated into the Assisted-Living/Independent-Living/Memory-Care facility.

Maintenance facilities.

Common outdoor public and private spaces.

Fences, retaining walls.

Trash, wastes, and recycling receptacles and dumpster enclosures.

Electric automobile charging stations with the capacity to charge two vehicles in total shall be provided.

Minimum tract area: nine acres.

Maximum residential density: not to exceed 260 dwelling units. Permitted commercial uses shall not be counted towards residential density.

Minimum affordable units: a minimum of 42 family-rental dwelling units shall be deed restricted for very-low-, low- and moderate-income households.

Minimum front yard building setback from tract boundary: 60 feet. A freestanding commercial building may be set back a minimum of 20 feet from the tract boundary.

Minimum side yard building setback from tract boundary: 40 feet, except that a freestanding non-age-restricted multifamily apartment building may be set back a minimum of five feet from the side property line.

Minimum rear yard building setback from tract boundary: 45 feet.

Maximum building coverage: 30% of tract.

Maximum impervious coverage: 60% of tract.

Maximum building height: four stories/65 feet for assisted-living/independent-living/memory-care facility and four stories/56 feet for non-age-restricted multifamily apartments.

Parking: Adequate provision shall be made for off-street parking in accordance with the state's Residential Site Improvement Standards. Commercial uses shall provide adequate parking spaces in accordance with § 30-520.1, including the provision of at least one loading space. No additional parking spaces shall be required for amenities within the Assisted-Living/Independent-Living/Memory-Care facility.

The tract may be subdivided into a maximum of three lots. To the extent necessary, access, drainage, and utilities to subdivided lots within the tract may be provided for via cross-easements. The requirements of § 30-403.18 shall not apply to lots created via subdivision.

Setbacks. Section 30-403.7 shall not apply. Instead, accessory building shall meet the R-13/AH-7 tract minimum front yard, side yard, and rear yard building setbacks. Swimming pools, tennis courts and other surfaced recreation facilities shall likewise meet the R-13/AH-7 tract minimum front yard, side yard, and rear yard building setbacks. Retaining walls, sidewalks, public or private streets, walkways, railings, perimeter fences, freestanding signs, parking spaces, driveways, patios, pathways, appurtenances, such as HVAC units, stationary generators, pedestrian structures, such as stairs, pads, roof overhangs, trash enclosures, aboveground and below-ground storm water detention basins and/or facilities, and underground utilities as needed, landscaping, and lighting shall be permitted within the R-13/AH-7 tract minimum front yard, side yard, and rear yard building setbacks.

Height. The maximum height of an accessory building, including, but not limited to, a clubhouse, shall be 30 feet.

Design. Architectural design and materials used in construction of accessory buildings shall conform to those used in the construction of principal buildings.

In the event of any conflict between the R-13/AH-7 Affordable Housing zoning and the Borough's Affordable Housing Ordinance or UHAC, the zoning for the Borough's Affordable Housing Ordinance shall control. This includes, but is not limited to, phasing requirements under N.J.A.C. 5:93-5.6(d), proper bedroom mix (at least 20% three-bedroom units and no more than 20% one-bedroom units), and proper unit income breakdown (13% very-low-, 37% low- and 50% moderate-income).

Deed restriction period. All affordable apartments shall be deed restricted as affordable to very-low-, low-, or moderate-income households for a period of at least 30 years from the date of the initial occupancy of each affordable unit (the "deed-restriction period"), so that the Borough may count each affordable unit against its obligation to provide affordable housing. As per N.J.A.C. 5:80-26.11(b), the affordability controls shall continue in effect until the date on which the individual affordable apartment shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. If, at any time after the deed-restriction period, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of the next scheduled lease renewal or 60 days.

The Borough shall not require that the units in the Assisted-Living/Independent-Living/Memory-Care facility or multifamily market-rate units be deed restricted as affordable.

The affordable apartments shall be required to comply with the requirements of the R-13/AH-7 Zone. Sections 30-404.2 and 30-405.9 shall not apply.

The requirements of § 20-9b shall not apply to the non-age-restricted multifamily apartment building. However, the applicant shall comply with all other provisions of the Borough's Soil and Soil Moving Ordinance.

Roadways shall comply with Residential Site Improvement Standards. Driveways shall not be considered private streets.

Requirements set forth in the Borough of Roseland Municipal Ordinance Number 28-1986, the amendments, and the New Jersey Statewide mandatory Source Separation and Recycling Act and subsequent revisions shall be complied with.

In the MU/AH Mixed Use Affordable Housing Overlay Zone, properties may be developed or redeveloped with mixed-use development consisting of commercial uses as permitted in the underlying zone district with two additional stories of multifamily residential dwellings.

The maximum density shall be 15 housing units per acre.

Not less than 20% of the housing units on each property shall be designated for occupancy by very-low-, low- and moderate-income households.

The units designated for very-low-, low- and moderate-income housing units shall be interspersed with market rate units. All affordable units shall comply with the Borough's Affordable Housing Ordinance, the UHAC, applicable COAH affordable housing regulations including, but not limited to, phasing requirements, any applicable order of the Court, and other applicable laws.

Mixed-use development shall comply with the bulk requirements applicable to the underlying B-1 Zone District.

The maximum permitted building height shall be three stories/45 feet.

Adequate off-street parking shall be provided on site in accordance with § 30-520. Alternatively, parking which cannot be accommodated on site may meet the requirement by providing the required spaces off site, but within 1,000 feet of the proposed use, in a lot owned or leased by the developer of the proposed use.

Both the conditional use and the other use are permitted in that district by this chapter.

Each such use considered separately meets the requirements for the use proposed provided in this chapter for that zone.

The proposed conditional use complies With all the applicable regulations of this chapter.

The proposed use at the specified location will not impair the welfare or convenience of the public.

The proposed conditional use will not cause undue depreciation of property values in the neighborhood.

The location and size of the conditional use and the nature and intensity of the operation will not dominate the immediate neighborhood as to prevent the development and use of neighboring property in accordance with the applicable zoning regulations. In determining the foregoing, consideration shall be given to the adequacy of:

The proposed conditional use is needed by the residents of the Borough of Roseland and/or the State of New Jersey, for their convenience or general welfare and that this need cannot be reasonably satisfied by any other means.

Charter. The application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material as may be required to guarantee to the satisfaction of the Board, the following:

Minimum Lot Size. The lot or site on which the proposed use is to be located shall have a minimum area of ninety thousand (90,000) square feet, plus an additional forty-five thousand (45,000) square feet for every one hundred (100) pupils or portion thereof of maximum capacity, and the lot or site shall have a minimum street frontage of two hundred twenty-five (225) feet.

Lot Coverage. The coverage of the lot by buildings and structures will not exceed fifteen (15%) percent, and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, or other improvements, shall not exceed forty (40%) percent of the total area of the lot.

Setbacks. Any building or structure shall be set back from the front street line, a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or shall conform to the front yard setback requirements of the zone in which it is located, whichever is greater.

Any building or structure shall be set back from the side property lines a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or forty (40) feet, whichever is greater.

Any building or structure shall be set back from the rear property line, a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or fifty (50) feet, whichever is greater.

Exclusions. This subsection is not intended to apply to part time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism or Hebrew schools, adult education, or the like, or as an adjunct or supplement to the activities or programs of chartered membership organizations, but is intended to apply to educational institutions, whether or not operated in conjunction with religious organizations, churches, or places of worship, or chartered membership organizations which are operated on a full time basis, which offer general academic instruction or training in a skill, trade or vocation, and which are intended to fulfill State mandated educational requirements.

Proof of Need. Proof shall be furnished that the proposed installation in the specific location is necessary for the efficiency of the public utility system and to the satisfactory and convenient provision of service to the neighborhood in which the facility is to be located.

Building Design. The design of any building or structure required for such use shall conform to the general character of the area in which the facility is to be located.

Fencing. Adequate fencing and landscaping shall be provided, maintained and replaced as required.

Site Requirements. The lot on which the facility is to be located shall be sufficient in size to adequately accommodate the proposed facility together with any parking space required to serve the facility so that the total coverage of the lot by all buildings, sidewalks, parking areas, driveways, or other improvements, does not exceed fifty (50%) percent of the total area. Parking space shall not be located within the front yard area, not within twenty-five (25) feet of a property line, and shall otherwise comply with all general requirements of this chapter concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height and maintained and replaced as required, to preclude to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude to the maximum extent possible, the view of the parking area from a public street.

Setbacks. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located or a distance equal to the height of the building, whichever is greater.

Any building or structure shall be set back from the side property lines a distance not less than the height of the structure, or twenty-five (25) feet, whichever is greater.

Any building or structure shall be set back from the rear property, line a distance not less than the height of the structure or fifty (50) feet whichever is greater.

Charter. The application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material as may be required to guarantee to the satisfaction of the Planning Board, the following:

Minimum Lot Size. The lot on which the proposed use is to be located shall have a minimum area of seventy-five thousand (75,000) square feet, and shall have a minimum street frontage of two hundred twenty-five (225) feet.

Lot Coverage. The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, and other improvements, shall not exceed fifty (50%) percent of the total lot area.

Setbacks. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.

Any building or structure shall be set back from the side property lines a distance not less than the height of the structure or twenty-five (25) feet, whichever is greater. Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or fifty (50) feet, whichever is greater.

Exclusion. It is not intended that part time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization, or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism, Hebrew schools, adult education, and the like, be classified as a mixed use as defined herein for the premises on which they are conducted.

The organization is, or will be, a bona-fide nonprofit group organized for the benefit and enjoyment of its members who shall be either (1) persons having a business residence, such as owners, tenants or occupants of any building located in an OB Zone District in the Borough of Roseland, or (2) residents of the Borough of Roseland. For purpose of this paragraph a, resident is defined as a person who has permanently resided in the Borough of Roseland for a period exceeding three (3) months and is eligible to vote in the general election.

The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity; however, the sale to members and their guests of food and beverages and other products or materials related to or accessory to those sales and to the primary function or activity of the eating club conducted on the premises is permitted. Club facilities may include rooms for conferences and seminars conducted by and/or for the benefit of members, but no overnight accommodations shall be permitted or provided.

The owner or operator shall not permit any member to enter the restaurant before 7:00 a.m. on any day of the week, or after 11:00 p.m. Monday through Friday, after midnight on Saturday, or after 9:00 p.m. on Sunday.

There shall be one (1) parking space for each five (5) patron seats; provided, however, that this requirement may be waived by the Planning Board if applicant can show there is sufficient substitute on-site/off-street parking available within a reasonable walking distance of the lot on which the club premises are located.

Nonprofit chartered eating clubs shall be located only within a principal building or structure and shall not be permitted to operate in an accessory building or structure and all activities of the club will be carried on within the building or structure in which the club is located.

Lot Area. There shall be a minimum lot area of five (5) acres.

Need. Proof of Certificate of Need and compliance with all applicable State regulations.

Setbacks. No structure shall be permitted closer than one hundred (100) feet to any abutting property line or street right-of-way line.

Proof of State Approval. A license or similar document from the State approving agency attesting to approval of the school shall accompany the application.

Minimum Lot Size. The lot or site on which the proposed use is to be located shall have a minimum area of ninety thousand (90,000) square feet, plus an additional forty-five thousand (45,000) square feet for every one hundred (100) pupils or portion thereof of maximum capacity, and the lot or site shall have a minimum street frontage of two hundred twenty-five (225) feet.

Lot Coverage. The coverage of the lot by buildings and structures will not exceed fifteen (15%) percent, and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, or other improvements, shall not exceed forty (40%) percent of the total area of the lot.

Setbacks. Any building or structure shall be set back from the front street line, a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or forty (40) feet, whichever is greater.

Any building or structure shall be set back from the side property lines a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or forty (40) feet, whichever is greater.

Any building or structure shall be set back from the rear property line, a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or fifty (50) feet, whichever is greater.

Proof of Need. Proof shall be furnished that the proposed installation in the specific location is necessary for the efficiency of the public utility system and to the satisfactory and convenient provision of service to the neighborhood in which the facility is to be located.

Building Design. The design of any building or structure required for such use shall conform to the general character of the area in which the facility is to be located.

Fencing. Adequate fencing and landscaping shall be provided, maintained and replaced as required.

Site Requirements. The lot on which the facility is to be located shall be sufficient in size to adequately accommodate the proposed facility together with any parking space required to serve the facility so that the total coverage of the lot by all buildings, sidewalks, parking areas, driveways, or other improvements, does not exceed fifty (50%) percent of the total area. Parking space shall not be located within the front yard area, not within twenty-five (25) feet of a property line, and shall otherwise comply with all general requirements of this chapter concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height and maintained and replaced as required, to preclude to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude to the maximum extent possible, the view of the parking area from a public street.

Setbacks. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located or a distance equal to the height of the building, whichever is greater.

Any building or structure shall be set back from the side property lines a distance not less than the height of the structure, or twenty-five (25) feet, whichever is greater.

Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or fifty (50) feet whichever is greater.

Minimum Lot Size. There shall be a minimum lot area of five (5) acres measured within six hundred (600) feet of the front street right-of-way line.

Allowed Uses. Specific uses allowed will be those allowed as permitted principal uses in the B-2 Zone. There shall be a minimum of five (5) stores, and no one (1) store shall occupy more than forty (40%) percent of the allowed gross floor area. The stores shall provide a variety of goods and services, catering to the daily needs of the local community.

Street Access. The proposed use shall have frontage on not less than two (2) arterial streets (State and/or County roads) and shall provide safe and adequate access to both. Access must provide direct entrance from and egress to all directions possible within the intersection without "doubling back".

Lot Coverage. The floor area ratio shall not exceed twenty (20%) percent and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, or other improvements shall not exceed seventy (70%) percent of the total area of the lot.

Building height shall not exceed thirty-five (35) feet or one (1) story, whichever is less.

Lot Width. Lot width measured at the street setback line shall be a minimum of three hundred fifty (350) feet for each frontage.

No building shall be permitted closer than:

Off-Street Parking. Off-street parking shall be provided at a rate of one (1) parking space for each two hundred (200) square feet of gross floor area. Parking spaces and aisles shall be setback a minimum of twenty-five (25) feet from the property line and right-of-way line. Landscape plantings shall be provided in sufficient quantity, location and height and maintained or replaced as required, to preclude to the maximum extent possible headlight glare onto adjacent properties and roadways and to screen parking and loading areas from view.

Minimum Lot Size and Size Limit. Fast service restaurants shall be permitted only as part of a multi-use retail complex, such as a strip center or shopping center, where such a complex is located on a lot having a minimum lot size of five (5) acres measured within six hundred (600) feet of the front street right-of-way line. The total floor area of all restaurant uses within a multi-use retail complex shall not exceed twenty (20%) percent of the gross floor area of the retail complex.

Off-Street Parking. Off-street parking for a retail center containing any fast service restaurant use shall be provided at a rate of six (6) parking space per one thousand (1,000) square feet of gross floor area of the entire retail center.

No restaurant of any kind shall include drive-in or drive through service; ordering and pickup of food shall not be permitted to take place from a vehicle, nor shall exterior playgrounds or play areas be permitted.

Fast service restaurants shall be permitted only as an integral part of a retail complex, such as a strip center or shopping center, and shall not be a freestanding or stand alone use. The floor area of a fast service restaurant, in combination with all other restaurant uses, shall not exceed twenty (20%) percent of the gross floor area of the retail complex.

Wireless Telecommunication Antennas:

Wireless Telecommunication Towers and Equipment Compounds.

Design Requirements.

New Electric High Voltage Transmission Towers within existing electric transmission rights-of-way shall not require site plan approval if they meet the following conditions:

New Electric high voltage transmission towers within new or expanded electric transmission rights-of-way shall require major site plan approval. The public utility shall show the following:

Conditional Use Requirements.

Additional Standards. The following supplemental design and operational standards shall be applicable to self-storage facilities:

A public or private school or playground.

A church or other place of worship.

A hospital.

A public library, public art museum, civic center, or other public building or structure or similar place of public assembly.

A theater or other building or structure used or intended to be used for motion pictures, theatrical, or operatic productions, or for public entertainment.

A fire house or fire station.

Retail Sales Prohibited. A lot containing a public garage or gasoline service station shall not be devoted to any other uses, except as specifically provided for herein, including but not limited to retail sales and services not involving automobile parts or accessories. This restriction is intended to preclude a convenience store or other multiple use, but shall not preclude incidental retail sales through vending machines subject to the following: vending machines must be designed and used only for the sale of cigarettes, candy, soft drinks, newspapers, or other such merchandise; they shall be coin operated and shall not be beyond three (3) feet of the outside of the principle structure in which the primary activity is carried on; no more than three vending machines shall be outside the principle structure and no more than five (5) vending machines inside the principle structure; the height of the machine and the enclosure in which it is installed shall not be in excess of ten (10) feet and there shall be end walls in the back with the wall extending the full height of the machine; machines shall be substantially the same height as other machines on the property; the widths of the machines are no more than three and one-half (3-1/2) feet and the depths of the machines are no more than three and one-half (3-1/2)feet; all vending machines shall comply with all other requirements of the zone district in which they are located.

Exemption for Existing Establishments. The provisions of this paragraph k. are prospective only and they shall not restrict any public garage or gasoline service station from continuing to provide retail sales and services, limited, however, to the same volume, amount, type, and manner of retail sales and services not involving automobile parts or accessories that the public garage or gasoline service station has provided prior to the effective date of this section.

Lot Coverage. The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways and other improvements, shall not exceed fifty (50%) percent of the total lot area.

Setbacks. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.

Any building or structure shall be set back from the side property lines a distance not less than the height of the structure or twenty-five (25) feet, whichever is greater. Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or fifty (50) feet, whichever is greater.

Off-Street Parking. Sufficient off-street parking space shall be provided to insure that the use will not cause parking on a public street during the course of normal activities.

Lot Coverage. The lot coverage by buildings and structures shall not exceed fifteen (15%) percent.

Setbacks. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located. Any building or structure shall be set back from the side or rear property line a distance not less than the height of the structure or twenty-five (25) feet, whichever is greater.

Off-Street Parking. Sufficient off-street parking shall be provided to insure that the use will not cause parking on a public street during the course of normal activities.

Minimum Tract Size. A minimum tract size of twelve (12) acres.

Access. The tract shall have frontage on a local road only.

Buffer. A perimeter buffer area no less than forty (40) feet in width shall be provided along all adjoining property lines.

Density. The number of dwelling units shall not exceed ten (10) units per acre.

The number of units in a building shall not exceed eight (8).

Common Areas. A plan indicating the ownership and maintenance of the common areas shall be submitted and approved by the Board.

Parking. Parking shall comply with the requirements of the Residential Site Improvement Standards.

Proximity to Multi-Family Development. The multi-family development shall directly abut an R-6 Zone.

No construction, including the placement of fences, shall occur within the buffer area except for the following, only if specifically approved by the Board.

No removal of existing vegetation shall occur in the buffer area, unless the removal consists of selective thinning that is necessary for site improvements or supplemented to create a more effective buffer area. The buffer area shall provide screening through landscaping or other means as approved by the Board.

A minimum of twenty-five (25%) percent of the site shall be devoted to active and/or passive outdoor recreational use. Such uses may include, but shall not be limited to: landscape areas incorporating sitting areas and walking trails, shuffleboard courts, swimming pools and bocce courts.

The underlying bulk regulations set forth in Schedule I, Schedule of Zone Districts, subsection 30-402.2 of the Land Development chapter, shall not apply to a multi-family housing. The following bulk requirements shall specifically apply:

The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to:

Within those goals the objectives of this section are to:

Wireless telecommunication antennas.

Wireless telecommunication towers and equipment compounds.

Amateur Radio Station Operators/Receive Only Antennas. This section shall not govern the installation of any antenna owned and operated by an amateur radio operator and used exclusively for receive only antennas and for private noncommercial purposes.

AM Array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

Wireless Telecommunication antennas, equipment and towers not expressly permitted in this section are hereby prohibited.

Satellite antennas for television and the Internet.

Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For the purpose of determining whether the installation of a tower or antenna complies with zoning regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure (protection from expanding a nonconforming use or structure).

Not Essential Services. Wireless telecommunication facilities, towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.

Multiple Antenna/Tower Plans. The Borough of Roseland encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

Wireless telecommunication antennas shall be a principally permitted use on all Borough-owned land, buildings or structures. Such antennas are exempt from the provisions of the conditional use requirements.

Wireless telecommunication antennas shall be permitted as a conditional use in all nonresidential zones, except the B-1 Zone.

Wireless telecommunication antennas located on an existing structure shall be subject to site plan approval.

Conditional Use Standards. Wireless telecommunication antennas located as a conditional use shall meet the following:

Location Priorities for New Antennas.

Principal Permitted Use. Wireless telecommunication towers and equipment compounds are permitted on all property owned, leased or otherwise controlled by the Borough of Roseland, provided that a license or lease authorizing such tower has been approved by the Borough of Roseland. The Borough may, as a condition of such lease, require site plan approval.

Maximum Height.

Wireless telecommunication towers shall be subject to site plan approval. Carriers not approved with the original site plan approval shall be subject to additional site plan review prior to installation of additional antennas and equipment.

Setbacks. On all property owned, leased or otherwise controlled by the Borough of Roseland, the tower shall have a minimum setback from any existing residence of one hundred (100) feet or at least one hundred (100%) percent of the tower height, whichever is greater.

To the extent possible, equipment compounds shall be shielded from public view. When a location out of public view is not possible, a landscape buffer of at least five (5) feet in depth shall be provided around the compound to shield it from public view. The equipment compound shall not exceed two thousand eight hundred (2,800) square feet. The equipment for all carriers at a site shall be contained within a single structure, which structure shall not exceed three hundred sixty (360) square feet of gross floor area, nor exceed ten (10) feet in height.

Equipment compounds shall be designed to accommodate the maximum number of carriers designed for the tower. Authorization for the construction for a new telecommunications tower shall be conditioned upon agreement by the tower owner that other telecommunication service providers will be permitted to co-locate on the proposed tower within the limits of the structural and engineering requirements and at rates which reflect the fair market price for such services.

Conditional Use Standards. Wireless telecommunication towers and equipment compounds as a conditional use shall meet the following:

Location Priorities.

Wireless telecommunication facilities should be located to minimize the number of facilities needed in the community, while insuring effective and efficient telecommunication services; to encourage the use of existing buildings and structures to the maximum extent possible; to minimize the visual impact through careful siting, design, landscaping, screening and innovative camouflaging techniques, to make the facility compatible with any neighboring residences and with the character of the community as a whole. Facilities should be placed to ensure that historic and architecturally significant areas, buildings and structures and significant views, landscapes and streetscapes are not visually impaired.

Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information, and safety instructions. Such sign shall not exceed two (2) square feet in area. No commercial advertising shall be permitted on any wireless telecommunication facility. Other than typical "warning", "emergency" and equipment information signs, no signs shall be permitted.

No lighting is permitted except as follows:

Wireless telecommunication antennas and towers shall be maintained to assure their continued structural integrity. The owner of the tower or antenna shall also perform such other maintenance of the structure and of the site as to assure that it does not create visual nuisances.

Wireless telecommunication towers shall be of a color appropriate to the tower's location and to make it as unobtrusive a possible, unless otherwise required by government regulation.

Wireless telecommunications facilities shall be surrounded by a fence and/or other approved security features. All towers shall be designed with anti-climbing devices to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed and as approved by the applicable Board.

No equipment shall be operated so as to produce noise in excess of the limits of this section or any other applicable noise regulations, except for emergency situations requiring the use of a backup generator.

Wireless telecommunication towers and equipment compounds shall be appropriately landscaped in accordance with an approved landscaping plan that enhances the appearance of the project, as seen from the surrounding area and shall include a native evergreen and deciduous trees, providing an average buffer height of at least six (6) feet at the time of planting which shall be maintained permanently.

Applicant must provide camouflaging as defined by the term "alternative tower structure" or provide documentation as to why camouflage is not feasible.

Towers shall maintain a galvanized steel finish, subject to any applicable standards of the FAA, and be painted a neutral color so as to reduce visual obtrusiveness. Color shall be selected to be consistent with the color scheme of surrounding buildings or structures.

The design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and built environment.