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Tenafly City Zoning Code

§ 35-809.3

Buffer Set Back Requirements.

[Ord. No. 02-01 § 2C]
It is intended that the housing project be suitably buffered from its neighbors. The following buffer (set back) requirements apply:
a. 
The Northerly Buffer. There shall be a sixty-foot buffer between the properties on Nelson Place and the first building structure within the MF-C Zone. Within the northerly buffer area, there shall be a continuous fence placed approximately 20 feet from the northerly property line inside the MF-C Zone, running the entire length of the property line from east to west. Exact placement of the five foot high black chain-link fence shall depend on terrain and vegetation, but it is the intent of this section that there be a barrier in place to prevent any access to Nelson Place. This fence will be constructed prior to the issuance of any Certificate of Occupancy for any housing.
Between the fence and the first structure in the MF-C Zone, a berm of approximately three feet high, if feasible and appropriate, shall be created. On top of this berm shall be planted a double row of twelve-foot high evergreens, staggered, with the intent of creating a visual barrier between the development in the MF-C Zone and the Nelson Place neighbors.
The buffer areas are set back requirements. It is intended that the property can be used for passive recreation, including utility placement, walking, landscaping, and similar non-structural activities. No structures are permitted in the setback areas, including items such as swing sets, doll houses, tree houses, dog runs.
b. 
The Easterly and Westerly Property Lines.
1. 
There shall be a thirty-five-foot buffer along the westerly property line.
2. 
There shall be a twenty-five-foot buffer along the easterly property line.
c. 
Permitted Intrusions in the Northerly, Easterly and Westerly Buffers.
1. 
Tree Clearing and Maintenance. It is the intent of this section to protect major vegetation currently existing within the buffer areas; but it is recognized that dead, dying, or diseased trees may be removed without notifications. Further, underbrush may be cleared and more appropriate vegetation planted. In order to construct the fencing, the berms, and planting the double row of evergreens, it is recognized that the landscaping within the buffer zones will be modified.
2. 
Intrusions. Patios, first floor decks not to exceed 14 feet above ground level, utilities, HVAC equipment, and building overhangs of not more than three feet are permitted within the buffer zones, so long as the intrusion is no more than 10 feet from the foundation line. It is recognized that during the construction process, there will be disturbance of the buffer area; however, the buffer must be landscaped after construction.
Passive recreation uses are permitted.
d. 
The Southerly Buffer. All access to the site will be from East Clinton Avenue, and the southerly portion of the property shall contain the following permitted uses:
1. 
A detention basin/retention basin, either wet or dry, and with or without an irrigation system, as determined by good engineering practice.
2. 
A gate house and traffic control devices, should the property become a "gated community." Roadway and parking areas, including a boulevard-style main entrance, and an emergency exit.
3. 
A decorative fence or wall, no more than five feet in height.
4. 
Berming, landscaping, or other decorative features.
Aside from these facilities, there shall be no structures within the first 35 feet of the southerly property line, as measured from the East Clinton Avenue right-of-way.
e. 
Roadway Width, Parking. Internal design of the MF-C Zone, shall be within the residential site improvement standard. Roadway widths shall be no greater than 28 feet, provided however, that a boulevard entrance shall be permitted. The roads are anticipated to be private (non-dedicated) and exempt from the Borough's public improvement bonding. All other public improvements shall be bonded in accordance with the requirements set forth in N.J.S.A. 40:55D-53 et seq.
f. 
Exemptions. The Planning Board shall approve an overall site plan approval and such subdivision approvals as are required in order to develop the MF-C Zone. As part of that application, soil moving permits shall not be required, but an overall soil erosion/sediment control plan shall be part of subdivision/site plan approval for the project. If more than 1,000 cubic yards of soil are to be removed from the site or brought onto the site, traffic routing approval must be obtained from the Tenafly Borough Police Department.
Any development in the MF-C Zone shall be exempt from the requirements of Chapter 26, Trees, and Section 35-726, Critical Areas; Steep Sloped Areas. The development of the site shall comply with good engineering practice as approved by the Borough Engineer as part of subdivision/site plan approval.
g. 
Miscellaneous. Construction trailers shall be permitted on the site throughout the full development; a sales trailer shall be permitted on the site through the initial development of the site, defined as completion of all site work, and the construction of the first residential building on-site.
Retaining walls under four feet are permitted and do not have to be shown on the plans approved by the Planning Board, although are required to be placed on the final as-built plans. Retaining walls over four feet in height are required to be shown on plans to be approved by the Planning Board.
Two monument signs of no more than 50 square feet each shall be permitted for the housing development contemplated in the MF-C Zone.
h. 
Mt. Laurel Contributions. Thirty-five townhome units are anticipated to be built on the MF-C Zoned property. At the time of application for any Certificate of Occupancy for any housing unit within the MF-C Zone, a contribution of $5,000 shall be made to the Borough's Affordable Housing Trust Fund. No Certificate of Occupancy can be issued without such contribution.
The Borough may require appropriate financial guarantees; e.g., performance bonds, to secure the contribution of the Affordable Housing units within a reasonable time. Such guarantees shall be similar to all other public improvement performance guarantees and shall be in a form approved by the Borough Attorney.