Schedule of lot, yard and bulk requirements. The lot, yard and bulk requirements for each zone district in the Village are as indicated on Schedule 2.¹

1. Editor's Note: Schedule 2 is included as an attachment to this chapter. 

Except as hereinafter otherwise provided:

1. No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located. 
   
2. No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located. 
   
3. No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located. 
   
4. No space which, for the purpose of a building or dwelling group, has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this section, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other open space requirement of or for any other building. 
   
5. The minimum yards or other open spaces, including lot areas per family required by this chapter for each and every building existing at the time of passage of this chapter or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building. 
   

1. Accessory structures. No accessory structure may be built on any lot on which there is no principal building or structure. Unless otherwise regulated in this Part 13, accessory structures shall meet the following conditions:
   
   1. Accessory structures in residential zones.
      
      1. Accessory structures shall not exceed 15 feet in height.
         
      2. Accessory structures shall meet the front wall and side yard requirements of the principal building. No detached accessory structure shall be located forward of the front wall of the principal structure or building on the lot.
         
      3. Accessory structures erected in the rear yard shall be at least three feet from a side or rear property line.
         
      4. Accessory structures shall be at least 20 feet from a principal building and at least 10 feet from another accessory building.
         
      5. Accessory structures shall not occupy more than 30% of the rear yard area.
         
      6. No accessory structure shall be used as a dwelling, except as permitted in Section 185-167B.
         
      7. Decks and patios shall not be permitted in the front yard and shall meet all of the setback requirements for the zone in which they are located. The construction of a deck or patio in one- and two-family zones shall be permitted to increase lot coverage up to 10% of the maximum lot coverage in the zone in which it is located (for example in zones permitting a maximum coverage of 40%, a ten-percent increase would permit an increase in coverage to 44%), subject to compliance with all of the setback requirements of the zone and the installation of dry wells to mitigate the increase in lot coverage above the maximum permitted in the zone.
         
   2. Accessory structures in all other zones. For the purposes of this Part 13, accessory structures in all other zones shall meet the height and yard requirements for principal buildings. No such accessory building shall be located closer to another building than the height of the shorter building. 
      
2. Accessory Dwelling Unit.
   
   1. Accessory dwelling units shall not be subject to the same bulk requirements within above Section A of this Ordinance as other accessory structures.
      
   2. The occupancy and continued use of accessory dwelling units that existed prior to the date of adoption of this ordinance, shall be permitted to be continued. Any modifications or changes to these existing accessory dwelling units shall be subject to all requirements of Section 185-176B.
      
   3. The conversion of any existing accessory structures to accommodate a new accessory dwelling unit shall be subject to all requirements of Section 185-176B., except those requirements of Section 185-167B.5. Expansions or addition sot existing accessory structures shall be subject to all requirements of 185-167B.
      
   4. Use Requirements:
      
      1. Accessory dwelling units shall be permitted on lots that contain detached single-family or two-family dwellings in the RA-50, RA-60, RA-75, RA-100, and RB zones.
         
      2. The accessory dwelling unit must be in common ownership with the principal dwelling unit and owner occupied.
         
      3. Accessory dwelling units shall not be used for short term rentals (see definition for "short term rental").
         
      4. Accessory dwelling units shall not be situated or contained within any basement, cellar, or attic.
         
   5. Bulk Requirements:
      
      1. Accessory dwelling units shall meet the front, side, and rear yard zoning requirements for a principal building, but not less than 10' for new structures and 7' for existing structures.
         
      2. No detached accessory dwelling unit shall be located forward of the front wall of the principal structure or building on the lot.
         
      3. Accessory dwelling units shall be setback a minimum of 20 feet from the principal structure or building on the lot.
         
      4. Accessory dwelling units shall be setback a minimum of 10 feet from any other accessory structure.
         
      5. Accessory dwelling units shall not exceed 25 feet in height.
         
      6. Accessory dwelling units shall comply with Section 185-167A.1.e. of the Ordinance.
         
   6. Maximum Requirements:
      
      1. There shall be a maximum of one accessory dwelling unit per lot.
         
      2. Accessory dwelling unites shall be at least 350 square feet but not more than 750 square feet. All accessory dwelling units must have less total square footage than the principal dwelling and shall not have more than two bedrooms.
         
   7. A minimum of one additional off-street parking space per accessory dwelling unit in a location compliant with Ordinance Article 185-XXXI shall be provided for all accessory dwelling units.
      
   8. One additional driveway and curb cut is permitted for the accessory dwelling unit if the following conditions are met:
      
      1. Property is a corner lot and is compliant with the minimum lot area and lot width requirements of the district the property is located in.
         
      2. Driveway is setback a minimum of 10' from any adjacent property, principal structure, or existing driveway.
         
      3. Driveway is compliant with all requirements from Ordinance Article 185-XXXI.
         
      4. Any shrubs and/or trees removed to accommodate an additional driveway and curb cut shall be subject to the requirements of Chapter 334- Trees and Shrubbery.
         
   9. Balcony and Deck Requirements:
      
      1. Balconies shall have a maximum projection of 4' off the face of the structure.
         
      2. Balconies shall only project to the interior of the lot or are setback a minimum of 10' from side or rear property lines.
         
      3. Balconies and decks shall only be used in manner that will preserve the neighborhood character. The usage of indoor furniture or storage of personal belongings shall be prohibited on any balcony or deck.
         
      4. Decks shall be a maximum of 100 square feet in area.
         
   10. External stairways associated with an accessory dwelling unit shall be permitted if they comply with the minimum setback and lot coverage requirements of this Ordinance and the district that the property is located in.
       
   11. Design Requirements:
       
       1. The following design requirements are applicable to accessory dwelling units within a newly constructed accessory structure:
          
          1. Accessory structures containing an accessory dwelling unit shall utilize complementary exterior materials, including siding, wall finish, doors, windows, and roofing, to the principal building.
             
          2. Accessory structures containing an accessory dwelling unit shall be designed to be complementary in architectural character, including roof pitch, to the principal building.
             
       2. When converting an existing detached garage to an accessory dwelling unit, the garage door shall be permitted to remain only if the garage door is complementary to the proposed material and architectural style of the accessory dwelling unit.
          
       3. All accessory units shall comply with Property Maintenance Ordinance Sections 237-25 and 237-29.
          
       4. All lighting for accessory dwelling units shall be downward facing and dark sky compliant. Flood lights and spotlights shall not be permitted.
          
   12. Accessory dwelling units on a property including a Designated Local Landmark or located in a Designated Historic District shall be reviewed by the South Orange Historic Preservation Commission under an application for a Certificate of Appropriateness pursuant to Chapter 9, Section 26.
       
   13. All accessory dwelling units shall comply with the requirements of Chapter 270 - Sewer and Chapter 351- Water.
       
   14. All trees and shrubs that are removed for new construction of an accessory dwelling unit shall be replaced on site.
       
3. Principal building.
   
   1. Only one principal building may be erected on a lot, except for related buildings under the same ownership, forming one principal use and limited to the following:
      
      1. Public or institutional building complexes.
         
      2. Commercial, office and light industrial complexes.
         
      3. Shopping centers.
         
      4. Apartment developments.
         
      5. Planned developments. 
         
   2. Unless otherwise regulated in this Part 13, no principal building shall be located closer to another building than the height of one of the highest buildings, but in no event less than 25 feet. 
      
4. Projections and encroachments. No part of any building nor any structure attached to a building shall project into any required yard or setback area except as follows:
   
   1. No part of a building shall extend into the side yards as herein required except:
      
      1. Steps and ramps.
         
      2. Leaders, window sills, belt courses and similar features projecting not more than six inches.
         
      3. Ornamental features not extending to the foundation walls, bay windows, balconies, chimneys, in any case projecting not more than two feet.
         
      4. Eaves projecting not more than three feet.
         
      5. Window air-conditioning units not more than 18 inches and outside air-conditioning condenser units on the ground not more than four feet. 
         
   2. No part of a building shall extend into the front or rear yards as herein required except:
      
      1. Those features permitted to extend into side yards.
         
      2. Open porches one story in height or open porticos not more than two stories in height, in either case projecting not more than five feet.
         
      3. Emergency exit stairs may extend into a required side or rear yard by not more than four feet.
         
      4. Under no circumstances shall any of the foregoing projections extend closer to a property line than 1/2 the required setback distance.
         
5. Required area or space. No lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this Part 13. If already less than the minimum required under this Part 13, said area or dimension shall not be further reduced. 
   
6. Courts. Except for kitchens and bathrooms which are properly ventilated in accordance with the Building Code, all principal rooms designed or occupied for residential use in all buildings shall have windows opening directly to sunlight and open air, and, if necessary, an inner court shall be provided for that purpose. Such courts shall be open and unobstructed from the ground level to the sky, except for fire escapes, and the minimum width shall be 10 feet, and they shall be open at one end. Completely enclosed inner courts are not permitted unless the ground area of such courts shall exceed 1,000 square feet and proper opening is provided at the ground floor level for ingress and egress. 
   
7. Fences and walls. No fence, wall, fence-like or wall-like structure of any kind shall be constructed or erected on any lot, except as hereafter provided:
   
   1. No such fence or wall shall be more than six feet in height above the finished grade at the base of such fence or wall, except in business zones when permitted by the Planning Board in accordance with this chapter and in the University Zone where perimeter fences may be of a height of eight feet with a three-foot roll, exclusive of the University Zone perimeter abutting South Orange Avenue and Ward Place.
      
   2. Barbed wire or makeshift fences are prohibited.
      
   3. No fence or wall shall be nearer to the street line in front of a building than the setback line of the building on the lot. If there is no building on the lot, the setback requirements for the zone in which the lot is situated shall apply for fences.
      
   4. Solid fences erected on or adjacent to a boundary line separating a residential use from a business or industrial use shall not be located nearer to the street line than the front wall, nearest to the said street, of any business or commercial building erected on said lot or adjacent lot.
      
   5. Retaining walls erected or maintained for the support of the finished grade of a lot shall be excepted from the above-mentioned provisions; provided, however, that no such wall shall extend more than 18 inches above the finished grade of that portion of the lot which it supports and, in no case, shall any such wall encroach upon any public street or right-of-way.
      
   6. All solid fences and picket fences shall be constructed with the finished side facing outward from the property on which it is constructed and toward adjacent properties or the street. For purposes of this section, the "finished side" shall be defined as the side opposite the posts, rails, supporting boards or piers.
      
   7. An ornamental perimeter fence can be erected in business zones to screen parking areas from public streets and municipal parking lots, subject to the approval of the Director of Code Enforcement pursuant to the requirements of § 185-113O.
      
8. Height exceptions. The height provisions of this Part 13 shall not apply to the erection of building appurtenances such as church spires, cupolas or towers designed exclusively for ornamental purposes and shall not apply to antennas, chimneys, flues, bulkheads, elevator enclosures, water tanks or similar accessory structures occupying an aggregate of 10% or less of the area of the roof on which they are located, and further provided that such structures do not exceed the height limit by more than 10 feet. Nothing in this Part 13 shall prevent the erection above the height limitation of a parapet wall or cornice extending above such height limit not more than three feet. A penthouse shall be subject to the height limitation.
   
9. Buildings, walls and porches.
   
   1. The walls of a building include the front wall nearest to and facing the front street line on the lot on which said building has been or is to be erected and the side and rear walls nearest to and facing on the side and rear lot lines, respectively.
      
   2. Roofed porches and porticos, whether open or enclosed, shall be considered as part of a building when measuring distances from the street line and lot lines. Existing roof porches and porticos may only be enclosed when they comply with all setback or rear yard requirements and all side yard requirements. 
      
10. Corner lots shall comply with Subsection F(3) with respect to the front yard. On the side yard, fences and walls may be constructed in accordance with the following:
    
    1. A fence may run parallel to any other contiguous street from the front setback line of the building on the lot to the end of the property.
       
    2. The fence shall not be constructed in the municipal right-of-way.
       
    3. The fence shall be at least one foot from the sidewalk.
       
    4. No solid fence may be constructed. All fences shall be semitransparent (e.g., 1 x 2 wood screen contemporary picket or wrought iron) or transparent (e.g., hedge or split rail).
       
    5. No fence shall exceed 42 inches in height.
       
    6. Property owners are requested but not required to buffer the fences with shrubs or flowers on the street side. Such buffer shall not impede pedestrians walking on the sidewalk.
       
    7. In those cases where a property owner on a side lot has a fence on the front and side of the property, the fence on the front and side shall be identical in composition and height.
       
    8. If an issue arises as to what constitutes the front or side of a corner lot, a determination shall be made by the Zoning Officer, who shall take into consideration appropriate factors, including but not limited to the following: any definitions contained in § 185-3; where the front door of the house is located; whether the property is on a main street or side street; whether there are other houses fronting on the street; and the post office address for the property. Any appeal from the Zoning Officer's decision shall be made to the Board of Adjustment, which may only overturn the decision of the Zoning Officer if it finds that there is no basis for the decision made by the Zoning Officer.

1. Townhouse and multifamily uses shall meet the following conditions and standards:
   1. Minimum lot requirements:
      1. Lot area: 45,000 square feet measured within 100 feet of the street line.
      2. At building line: 100 feet.
      3. At street line: 100 feet. 
   2. Minimum yard requirements:
      1. Front: 25 feet.
      2. Side:
         1. Each: 20 feet.
         2. Corner lot: 25 feet. 
      3. Rear: 25 feet. 
   3. Maximum building coverage: 30%.
   4. Maximum building height: 45 feet.
   5. Maximum impervious coverage: 65%.
   6. Maximum permitted density: 18 units per acre.
   7. Staggered front building wall. No more than two adjacent townhouses may be constructed without providing a staggered front building wall setback of not fewer than four feet.
   8. Distance between townhouse rows and between multifamily buildings. No townhouse row shall be closer than 25 feet to any other townhouse row. No multifamily building shall be closer than 25 feet to any other multifamily building.
   9. Length of townhouse row. No townhouse row shall consist of more than eight dwelling units.
   10. No multifamily structure shall contain more than 24 dwelling units.
   11. Garages.
       1. Design. All garages provided shall conform architecturally to and be of similar materials as the principal buildings in the development.
       2. Location. Garages may be built into townhouses or on common areas, subject to the approval of the Planning Board.
       3. Private garages.
          1. No garage shall exceed a height of one story or 15 feet.
          2. No garage which is not attached to any part of a townhouse shall be closer than 15 feet to said townhouse.
          3. Garages which are attached to each other shall be separated by a noncombustible fire wall. 
       4. Common garages. Common garages are permitted, subject to all requirements of this section. 

1. Minimum tract size: 28 acres. 
   
2. Maximum permitted density. A total of 69 units shall be permitted on the entire tract.
3. Dwelling unit mix. Flats shall not be a permitted use in this zone.
4. Building height: three stories, except that on a ledge, a building may have four levels of living space at the lower portion of the ledge. In all cases, buildings, including appurtenances, shall be below the height of that portion of the lip of the quarry closest to the building. 
   
5. Minimum building setback. With the exception of development which fronts on Harding Drive and Underhill Road, no building within this zone shall be located within 50 feet of any adjacent existing single-family residential property line in any other zone. Private recreation facilities other than those related to individual single-family homes shall have a setback of at least 200 feet from any existing single-family residential property line. 
   
6. Buffer areas. The intent of any development is to have limited visibility from the surrounding single-family neighborhood to any multifamily units. With the exception of development which fronts on Harding Drive and Underhill Road, a minimum buffer area of 30 feet in width shall be provided along the perimeter of the tract, except where an elevation change exceeding 50 feet is present, in which case the buffer can be reduced by 10 feet. Buffer areas shall maintain existing natural vegetation unless deemed unfeasible by the Planning Board. Buildings, structures, parking areas and driveways shall not encroach upon the buffer area. Required exterior lighting for access roadways, storm drainage structures, water supply and sanitary sewer lines and other customary public utility services, such as electric power lines, may be located within the buffer areas subject to approval by the approving authority. 
   
7. Harding Drive and Underhill Road frontage. All development which has frontage along Harding Drive and Underhill Road shall be lots for detached single-family dwellings and shall comply with the area, bulk and yard requirements of the A-100 Zone. 
   
8. The development of all detached single-family homes, other than those having frontage on Harding Drive and Underhill Road, shall meet the side yard requirements of the A-100 Zone. For purposes of computing the side yard, a line shall be drawn halfway between the adjacent buildings. If such lots are on fee simple lots, the lots shall meet the area requirements of the A-50 Zone. 
   
9. Common utilities. Each building shall contain not more than a single television master antenna system which shall serve all dwelling units within the building. 
   
10. Off-street parking.
    
    1. Townhouses and flats: two spaces for every dwelling unit, plus one additional parking space for every three dwelling units for guest parking.
       
    2. Two spaces for every dwelling unit, plus one additional space for visitor parking, exclusive of driveway and garage spaces.
       
    3. One space per each unit, except flats must be located in an enclosed garage. One space per unit may be located within the regular driveway serving the unit, provided that the dimension between the pavement and the garage is a minimum of 25 feet. Where sidewalks are not necessary, the driveway dimension may be reduced to 22 feet.
       
    4. Parking stall size, exclusive of access aisle, shall be nine by 18 feet. 
       
11. Maximum site coverage: 50%. 
    
12. Minimum common open space. A minimum of 25% of the gross site area shall be designated and designed for common open space, inclusive of active recreational space. Such space shall be optimally related to the overall plan and design of the development and shall provide that a portion thereof will be accessible and available to each unit owner of the development. Ownership and maintenance of the open space (which excludes streets) shall be as follows:
    
    1. In the event that the municipality shall not accept the dedication or the developer shall not offer the same, the following regulations shall apply:
       
       1. The developer shall establish organization(s) for the ownership and maintenance of any common open space for the benefit of residents of the development. Such open space and other property shall be held in perpetuity by the organization, subject to an open space easement. Structures and facilities in support of recreational activity may be constructed in accordance with site plan approval. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and ownership and maintenance of any common open space for the benefit of residents of the development. Thereafter, such organization shall not be dissolved or shall not dispose of any of its open space without obtaining the consent of the members of the organization as provided by law and also without offering to dedicate the same to the municipality. The developer shall be responsible for the maintenance of any such open space until such time as the organization established for its ownership and maintenance shall be formed and functioning and shall be required to furnish a performance guaranty in an amount to be fixed by the Village Engineer for such maintenance for a period of two years after the date of acceptance of all streets in the development.
          
       2. In the event that the organization shall fail to maintain the open space in reasonable order and condition, the Village Council may serve written notice upon such organization or upon the residents and owner of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition and demanding that such deficiencies be remedied within 35 days of the date of service. The notice shall also state the date and place of a hearing thereon, which shall be held within 15 days after the date of the notice. At such hearing, the Village Council may modify the terms of the original notice as to deficiencies and may give an extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Village Council, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space, except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Village Council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the residents and owners of the development, to be held by the Village Council, at which hearing such organization and the residents and owners of the development shall show cause why such maintenance by the municipality shall not, at the discretion of the Village Council, continue for a succeeding year. If the Village Council shall determine that such organization is ready and able to maintain such open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the Village Council shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Village Council in any such case shall constitute a final administrative decision subject to judicial review.
          
       3. The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a tax lien on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.
          
13. Building setback. Building face to pavement: 15 feet; except where the applicant demonstrates that the primary living area within the unit are oriented toward the rear of the dwelling and the road is parallel to the structure, the building setback may be reduced to 12 feet. 
    
14. Building spacing. There shall be a minimum of 25 feet between buildings, except for the development of detached single-family homes which shall comply with the A-100 Zone setbacks. The distance from garages to garages for townhouse units may be located within 15 feet of each other. 
    
15. Number of dwelling units per building. Each building shall consist of no more than six dwelling units for townhouses and 22 units for flats. 
    
16. The access road which intersects with the existing public street shall, for a length of at least 100 feet, be a divided roadway containing one exit and one entrance lane and separated from each other at the point of intersection with the public road by a divider. The grade of any local street shall not exceed 10%. 
    
17. Design standards. Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with appropriate variations and design to provide attractiveness to the development, which shall include consideration of landscaping techniques, location and orientation of the buildings to the site and to other structures, topography, natural features and individual dwelling unit design.
    
    1. Monotony of design shall be avoided. Variation of detail, form and siting shall be used to provide visual interest. Buildings with excessive blank walls are discouraged. The maximum building or structure length shall be 195 feet. Building offsets shall be provided along each building to relieve the visual effect of a single long wall. Minimum four-foot building setbacks shall be provided for each two attached townhouse units and every 50 feet of multifamily structures.
       
    2. Particular attention shall be given to the frontage along Harding Drive and Underhill Road so as to preserve the existing character of the neighborhood.
       
    3. Mechanical equipment or other utility hardware on roofs, the ground and on the building itself shall be screened from public view and adjacent single-family residences with materials harmonious with the building or suitable landscaping or shall be so located as not to be visible from adjacent residences or any public way, with the exception of structures permitted by federal or state law.
       
    4. Building components such as windows, doors, eaves and parapets shall be in proportion to one another.
       
    5. Roof shape and material shall be architecturally compatible with the rest of the building and shall reflect the area pattern.
       
    6. Materials shall be selected that are suitable for the type and design of buildings and consistent with the surrounding single-family residential areas. Buildings shall use the same materials or ones that are architecturally harmonious on all building walls and other exterior building components visible from public ways. Materials should be of durable quality.
       
    7. Colors shall be harmonious, and only compatible accents shall be used. 
       
18. Affordable housing obligation. An affordable housing obligation of 40 units, equal to 20% of the maximum permitted density of 198 units, shall be provided by the developer of this zone. The affordable housing shall be provided as follows:
    
    1. Thirty units of low- and moderate-income housing shall be transferred pursuant to the terms of a regional contribution agreement (RCA) as authorized by the Fair Housing Act (N.J.S.A. 52:27D-312b). This RCA shall be an intermunicipal agreement between South Orange Village and a receiving municipality in which the affordable housing will be developed. The developer of market-rate housing within this zone shall be responsible for funding the RCA in accordance with the payment terms incorporated therein.
       
    2. Ten units of low- and moderate-income housing will be rehabilitated by the Village, or its designee, within South Orange. This rehabilitation shall be funded by the developer of market-rate housing within this zone by payment to the Village of the sum of $100,000. This sum shall be paid as follows: $10,000 upon the sale of each individual lot for the construction of single-family homes, if any, and the balance, if any, upon issuance of a building permit for the development of multifamily housing within the zone. 
       
19. Accessory use standards in the Planned Residential Cluster A District.
    
    1. Any deck with a height of less than 24 inches from existing ground elevation at the perimeter of the deck to the top of the decking shall be considered like a patio for the purposes of this section. Any deck with a height of more than 24 inches from existing ground elevation at the perimeter of the deck to the top of the decking shall be considered an accessory structure for the purposes of this section. Railings are not to be included in deck height.
       
    2. Accessory structures shall not exceed 15 feet in height.
       
    3. All accessory structures must be located within the rear yard, except for patios which may be located within the side yard behind the front wall of the principal structure or building on the lot.
       
    4. All accessory structures must be located within the required yard setbacks for the zone.
       
    5. Accessory structures, with the exception of patios and decks, shall be at least 10 feet from any principal or other accessory structure.
       
    6. Side yard patios and decks shall occupy no more than 50% of the side yard area. Rear yard patios and decks shall occupy no more than 50% of the rear yard area.
       
    7. Sheds, decks with a height of more than 24 inches and other, similar accessory structures shall combine to be no more than 200 square feet.
       
    8. No accessory structure may be used as a dwelling.
       
    9. These accessory use standards supersede § 185-167A, Accessory structures. 
       
20. Additional zone standards.
    
    1. The construction or expansion of principal or accessory structures in the PRCA Zone must be accompanied by a dry well system to address all additional drainage requirements for the construction or expansion. Dry well location must meet the following conditions:
       
       1. Dry wells must be located a minimum of 15 feet from any cliff faces, retaining walls, and ledges.
          
       2. Dry wells must be located a minimum of 10 feet from any front, side or rear lot line. 
          

1. Minimum tract size: 13 acres. 
   
2. Maximum permitted density. A maximum density of 6.6 dwelling units per gross acre shall be permitted on the entire tract. 
   
3. Dwelling unit mix. Affordable units and no more than 20% of the market units to be developed may be flats. 
   
4. Building height: 2 1/2 stories. 
   
5. Minimum building setback. No building within this zone shall be located within 50 feet of any adjacent existing single-family residential property line in any other zone. Private recreation facilities, other than those related to single-family homes, shall have a setback of at least 200 feet from any existing single-family residential property line. 
   
6. Buffer areas. The intent of any development is to have limited visibility from the surrounding single-family neighborhood to any multifamily units. A minimum buffer area of 30 feet in width shall be provided along the perimeter of the tract. Buffer areas shall maintain existing natural vegetation unless deemed unfeasible by the Planning Board. Buildings, structures, parking areas and driveways shall not encroach upon the buffer area. Required exterior lighting for access roadways, storm drainage structures, water supply and sanitary sewer lines and other customary public utility services, such as electric power lines, may be located within the buffer areas subject to approval by the approving authority. 
   
7. Single-family homes. The development of all detached single-family homes shall meet the side yard requirements of the A-100 Zone. For purposes of computing the side yard, a line shall be drawn halfway between the adjacent buildings. If such lots are on fee simple lots, the lots shall meet the area requirements of the A-50 Zone. 
   
8. Common utilities. Each building shall contain not more than a single television master antenna system which shall serve all dwelling units within the building. 
   
9. Off-street parking.
   
   1. Townhouses and fiats: two spaces for every dwelling unit, plus one additional parking space for every three dwelling units for guest parking.
      
   2. Single-family: two spaces for every dwelling unit, plus one additional space for visitor parking exclusive of driveway and garage spaces.
      
   3. One space per each unit, except fiats must be located in an enclosed garage. One space per unit may be located within the regular driveway serving the unit, provided that the dimension between the pavement and the garage is a minimum of 25 feet.
      
   4. Parking stall size, exclusive of access aisle, shall be nine feet by 18 feet. 
      
10. Maximum site coverage: 50%. 
    
11. Minimum common open space. A minimum of 25% of the gross site area shall be designated and designed for common open space, inclusive of active recreational space. Such space shall be optimally related to the overall plan and design of the development and shall provide that a portion thereof will be accessible and available to each unit owner of the development. Ownership and maintenance of the open space (which excludes streets) shall be as follows:
    
    1. In the event that the municipality shall not accept the dedication or the developer shall not offer the same, the following regulations shall apply:
       
       1. The developer shall establish organization(s) for the ownership and maintenance of any common open space for the benefit of residents of the development. Such open space and other property shall be held in perpetuity by the organization, subject to an open space easement. Structures and facilities in support of recreational activity may be constructed in accordance with site plan approval. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and ownership and maintenance of any common open space for the benefit of residents of the development. Thereafter, such organization shall not be dissolved or shall not dispose of any of its open space without obtaining the consent of the members of the organization as provided by law and also without offering to dedicate the same to the municipality. The developer shall be responsible for the maintenance of any such open space until such time as the organization established for its ownership and maintenance shall be formed and functioning and shall be required to furnish a performance guaranty in an amount to be fixed by the Village Engineer for such maintenance for a period of two years after the date of acceptance of all streets in the development.
          
       2. In the event that the organization shall fail to maintain the open space in reasonable order and condition, the Village Council may serve written notice upon such organization or upon the residents and owner of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition and demanding that such deficiencies be remedied within 35 days of the date of service. The notice shall also state the date and place of a hearing thereon, which shall be held within 15 days after the date of the notice. At such hearing, the Village Council may modify the terms of the original notice as to deficiencies and may give an extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Village Council, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space, except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Village Council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the residents and owners of the development, to be held by the Village Council, at which hearing such organization and the residents and owners of the development shall show cause why such maintenance by the municipality shall not, at the discretion of the Village Council, continue for a succeeding year. If the Village Council shall determine that such organization is ready and able to maintain such open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the Village Council shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Village Council in any such case shall constitute a final administrative decision subject to judicial review.
          
       3. The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a tax lien on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.
          
12. Building setbacks. Building face to pavement: 15 feet. 
    
13. Building spacing. There shall be a minimum of 25 feet between buildings, except for the development of detached single-family homes which shall comply with the A-100 Zone standards. 
    
14. Number of dwelling units per building. Each building shall consist of no more than six dwelling units for townhouses and 22 units for fiats. 
    
15. Any development shall have two separate access points. If the access to the development is limited to one access roadway, said access road which intersects with the existing public street shall, for a length of at least 100 feet, be a divided roadway containing one exit and one entrance lane and separated from each other at the point of intersection with the public road. 
    
16. Design standards. Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with appropriate variations and design to provide attractiveness to the development, which shall include consideration of landscaping techniques, location and orientation of the buildings to the site and to other structures, topography, natural features and individual dwelling unit design.
    
    1. Monotony of design shall be avoided. Variation of detail, form and siting shall be used to provide visual interest. Buildings with excessive blank walls are discouraged. The maximum building or structure length shall be 195 feet. Building offsets shall be provided along each building to relieve the visual effect of a single long wall. Minimum four-foot building setbacks shall be provided for each two attached single-family units.
       
    2. Mechanical equipment or other utility hardware on roofs, the ground and on the building itself shall be screened from public view and adjacent single-family residences with materials harmonious with the building or suitable landscaping or shall be so located as not to be visible from adjacent residences or any public way, with the exception of structures permitted by federal or state law.
       
    3. Building components such as windows, doors, eaves and parapets shall be in proportion to one another.
       
    4. Roof shape and material shall be architecturally compatible with the rest of the building and shall reflect the area pattern.
       
    5. Materials shall be selected that are suitable for the type and design of buildings and consistent with the surrounding single-family residential areas. Buildings shall use the same materials or ones that are architecturally harmonious on all building walls and other exterior building components visible from public ways. Materials should be of durable quality.
       
    6. Colors shall be harmonious, and only compatible accents shall be used.
       

1. Townhouses shall meet the following standards:
   
   1. Minimum lot area: 20,000 square feet.
      
   2. Minimum building setback from property line: 25 feet.
      
   3. Maximum lot coverage: 65%.
      
   4. Maximum building height: 2 1/2 stories or 35 feet.
      
   5. Maximum permitted density: 12 dwelling units per acre.
      
   6. Off-street parking: as regulated in § 185-174A.
      
   7. A five-foot landscaped buffer shall be provided along any property line which abuts a single-family or two-family district. A fence or wall not less than four feet in height nor more than eight feet in height may be substituted for the required landscaping if approved by the approving authority.
      
   8. Building face to pavement: 15 feet.
      
   9. Building spacing: a minimum of 25 feet between buildings. 
      
2. The development of detached single-family and two-family homes shall meet the bulk and parking requirements of the Residence B Zone. 
   

1. Intent. The intent of permitting this use in the Planned Residential Cluster B Zone is twofold:
   
   1. To recognize a use which has existed on the site for approximately 100 years.
      
   2. To provide adequate performance standards to control and minimize any negative impacts on the adjacent residences. 
      
2. Supplemental regulations.
   
   1. The primary recreational use shall be tennis.
      
   2. Minimum tract size: 15 acres.
      
   3. Maximum height: 35 feet.
      
   4. Maximum lot coverage: 15%; provided, however, that for purposes of determining lot coverage with respect to any private recreational facility in the Planned Residential Cluster District, Har-Tru tennis courts shall not be considered a structure.
      
   5. The source of any outdoor lighting shall be shielded and shall not spill over onto the adjacent lots. Nighttime lighting shall be permitted up to 10:00 p.m. on interior courts.
      
   6. No outdoor public address system shall be permitted; however, between May and October, music associated with club or private functions shall not extend past 11:00 p.m.
      
   7. On-site parking: two spaces per court (tennis and platform tennis). Parking shall be located a minimum distance of 50 feet from the property boundary line.
      
   8. New principal or accessory buildings and structures shall be located a minimum distance of 50 feet from any residential property line.
      
   9. There shall be no net increase in the rate of runoff associated with any new development.
      
   10. The construction of any additional perimeter courts (tennis and platform tennis) shall be screened from adjacent residences by fencing and/or an evergreen buffer. "Perimeter courts" shall be defined as those courts located within 100 feet of any residential property line.
       

1. Purpose. 
   
   1. It is the purpose of this section to provide for reasonable control of development within critical environmental areas (surface water bodies, special water resource protection areas, riparian buffer zones, wetlands, steep slopes, flood hazard areas) of the Village in order to minimize the adverse impact caused by the development of such areas. Such impacts include, but are not limited to, the degradation of surface water quality from erosion, siltation, flooding, surface slippage and subsidence, urban runoff, habitat destruction, degradation of groundwater, and pollution of potable water supplies from both point (discharge from a pipe) and nonpoint (stormwater runoff) sources. Benefits of controls of development within critical environmental areas include maintaining the integrity of natural resources, preventing excessive nutrients from reaching surface waters, moderating water temperatures, maintaining and protecting habitat, providing for the availability of natural organic matter that provide food and habitat for aquatic organisms, increasing stream bank stability and reducing stream bank erosion, reducing sedimentation, maintaining base flows in streams and wetlands, and controlling downstream flooding. 
      
   2. Therefore, it is determined that the special and paramount public interest in these critical areas justifies the regulation of property located thereon as provided below, which is the exercise of the police power by the Village for the protection of the Village's natural resources, and for its inhabitants and their property, and for the preservation of the public health, safety and general welfare. It is recognized that there is a strong relationship between the integrity of the Village's natural resources and the region's water resources, the use of land, and the development of critical areas. Therefore, the appropriate management of these resources is an important health, safety and general welfare concern. 
      
2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: 
   
   CATEGORY ONE WATERS (or C1 WATERS) — Shall have the meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, namely waters originating wholly within parks, forests, fish and wildlife areas and other special holdings, trout production and trout maintenance waters, shellfish waters of exceptional resource value, and waters flowing through or bordering parks, forests, fish and wildlife areas and other special holdings.
   
   CATEGORY TWO WATERS (or C2 WATERS) — Those waters not designated as outstanding natural resource waters or Category One waters in the Surface Water Quality Standards, N.J.A.C. 7:9B.
   
   CRITICAL ENVIRONMENTAL AREAS — The following areas are designated critical areas within the Village:
   
   1. Surface water bodies, including intermittent and perennial streams and ponds.
      
   2. Special water resource protection areas.
      
   3. Riparian buffer zones.
      
   4. Wetlands.
      
   5. Steep slopes.
      
   6. Flood hazard areas.
   FLOOD-FRINGE AREA — That portion of the flood hazard area not delineated as the floodway and shall have the meaning ascribed to this term by the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and regulations promulgated thereunder published at N.J.A.C. 7:13 et seq., and any supplementary or successor legislation and regulations from time to time enacted or promulgated.
   
   FLOOD HAZARD AREA — The floodway and the flood-fringe area as determined by the Department under Section 3 of the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and regulations promulgated thereunder published at N.J.A.C. 7:13 et seq., and any supplementary or successor legislation and regulations from time to time enacted or promulgated.
   
   FLOODWAY — The channel of a natural stream and portions of the flood hazard area adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream and shall have the meaning ascribed to this term by the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and regulations promulgated thereunder published at N.J.A.C. 7:13 et seq., and any supplementary or successor legislation and regulations from time to time enacted or promulgated.
   
   INTERMITTENT STREAM — A surface water body with definite bed and banks in which there is not a permanent flow of water and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a special water resource protection area (SWRPA) pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS Quadrangle Map or in the County Soil Surveys.
   
   PERENNIAL STREAM — A surface water body that flows continuously throughout the year in most years and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a special water resource protection area (SWRPA) pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS Quadrangle Map or in the County Soil Surveys.
   
   RIPARIAN BUFFER ZONE — The land and vegetation within and directly adjacent to all surface water bodies, including but not limited to lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a special water resource protection area (SWRPA) pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS Quadrangle Map or in the County Soil Surveys.
   1. The riparian buffer zone shall be 300 feet wide along both sides of any Category One water (C1 water), and all upstream tributaries situated within the same HUC 14 watershed. This includes special water resource protection areas or SWRPAs as defined herein and shown on the USGS Quadrangle Map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h).
   2. The riparian buffer zone shall be 150 feet wide along both sides of the following waters not designated as C1 waters:
      1. Any trout production water and all upstream waters (including tributaries);
      2. Any trout maintenance water and all upstream waters (including tributaries) within one linear mile as measured along the length of the surface water body;
      3. Any segment of a water flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal, which is critically dependent on the surface water body for survival, and all upstream waters (including tributaries) within one linear mile as measured along the length of the surface water body; and
      4. Any segment of a surface water body flowing through an area that contains acid-producing soils.
   3. For all other surface water bodies, a riparian buffer zone of 50 feet wide shall be maintained along both sides of the water, measured from the top of the bank.
   4. The portion of the riparian buffer zone that lies outside of a surface water body is measured landward from the top of bank. If a discernible bank is not present along a surface water body, the portion of the riparian zone outside the surface water body is measured landward as follows:
      1. Along a linear fluvial or tidal water, such as a stream or swale, the riparian zone is measured landward of the feature's center line;
      2. Along a nonlinear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit;
      3. Along a nonlinear tidal water, such as a bay or inlet, the riparian zone is measured landward of the mean high-water line; and
      4. Along an amorphously shaped feature such as a wetland complex, through which water flows but which lacks a definable channel, the riparian zone is measured landward of the feature's center line.
   5. For areas adjacent to surface water bodies for which the floodway has been delineated per the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3 or the state's adopted floodway delineations, the riparian zone shall cover the entire floodway area, or the riparian buffer zones described above, whichever area has the greatest extent.
   SPECIAL WATER RESOURCE PROTECTION AREA (or SWRPA) — A three-hundred-foot area provided on each side of a surface water body designated as a C1 water or tributary to a C1 water that is a perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein and shown on the USGS Quadrangle Map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h).
   
   STEEP SLOPES — Any slope equal to or greater than 15% as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less.
   
   SURFACE WATER BODY — Any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-2.2, or state open waters identified in a letter of interpretation issued under the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.
   
   THREATENED OR ENDANGERED SPECIES — A species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq., or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.
   
   TROUT MAINTENANCE WATER — A section of water designated as trout maintenance in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
   
   
   WETLANDS — Land which is either submerged or retains water at ground level for a portion of the year as regulated in the New Jersey Department of Environmental Protection's Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-1.4.
   
   
3. Applicability. The provisions of this section shall apply to all applications for development and approval, including all subdivisions, site plans and building permits. 
   
4. Exceptions/exemptions:
   
   1. Structures without foundations, excluding footings (i.e., decks and sheds), less than 200 square feet in size, and not exceeding the lot coverage maximum.
      
   2. Reconstruction or rehabilitation of an existing structure that does not exceed the limits of existing impervious surfaces.
      
   3. Total tract disturbances of less than 3% of total critical areas or 250 square feet of total critical areas, whichever is less.
      
   4. Roadway or utility improvements that are demonstrated to be necessary in critical areas to construct public improvements, i.e., streets or utilities.
      
   5. Public pedestrian and bicycle access or water dependent recreation that meets the requirements of the Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A, the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, or the Coastal Zone Management Rules, N.J.A.C. 7:7E.
      
   6. A stream corridor restoration or stream bank stabilization plan or project approved by the New Jersey Department of Environmental Protection.
      
   7. Remediation of hazardous substances performed with New Jersey Department of Environmental Protection or federal oversight pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq. 
      
5. Critical environmental areas.
   
   1. The following areas are designated critical environmental areas within the Village:
      
      1. Surface water bodies.
         
      2. Special water resource protection areas.
         
      3. Riparian buffer zones.
         
      4. Wetlands.
         
      5. Steep slopes.
         
      6. Flood hazard areas. 
         
   2. Critical environmental areas shall be preserved and not built upon. Where a property containing critical environmental areas is proposed for development or other improvements, no proposed structures or fill shall be located within the critical environmental areas.
      
   3. Residential development. A minimum rear yard area of 10% of the total lot area, contiguous to the proposed building footprint and unencumbered by critical environmental areas, shall be provided. The ratio width to depth for each rear yard area shall not exceed 2.5 to 1.
      
   4. Nonresidential development. Any and all buffer requirements for principal structures, accessory structures, parking spaces and drive aisles shall be measured from critical environmental areas.
      
   5. Any lot containing a critical environmental area on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed development and use are permitted by this chapter, plat approval has been granted, and any required permits have been issued by the New Jersey Department of Environmental Protection.
      
   6. No septic systems shall be in critical environmental areas.
      
   7. Permitted uses in critical environmental areas shall be as follows, provided they are permitted uses in the district in which the critical environmental area is located and provided that none of these uses adversely affect the hydraulic capacity, water surface elevation, water quality and turbidity, erosion potential, wildlife habitat and other environmental impacts of critical environmental areas and do not exceed the lot coverage maximum:
      
      1. Agriculture: general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.
         
      2. Recreation: golf courses, playing fields, swimming areas, boat launching ramps, picnic and camping, and passive open space uses such as hiking trails, birding, and nature study.
         
      3. Residential: lawns, gardens, and play areas. 
         
   8. The applicant shall submit maps, reports and other appropriate documents permitting the Board to evaluate whether the proposal has an inherent low flood damage potential; does not obstruct flood flows or increase flood heights and/or velocities; does not affect adversely the water-carrying capacity of any delineated floodway and/or channel; does not increase local runoff and erosion; does not unduly stress the natural environment or degrade the quality of surface water or the quality and quantity of groundwater; does not require channel modification or relocation; does not require fill or the erection of structures; and does not include the storage of equipment and materials.
      
   9. For riparian buffer zones in Category One waters (C1 waters), permitted uses are governed by the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, unless otherwise exempt. All encroachments proposed into riparian buffer zones in C1 waters shall comply with the requirements of the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, and shall be subject to review and approval by the New Jersey Department of Environmental Protection, unless exempt. Any proposed enlargement or expansion of the building footprint within the riparian buffer zone of a C1 water shall comply with the standards in the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13. For riparian buffer zones in C1 waters, requests for exemptions must be authorized by the New Jersey Department of Environmental Protection, as per the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.