Totowa City Zoning Code

No building shall hereafter be erected or altered to accommodate or house a greater number of families than that which is permitted by the zone in which it is located.

No home within the single-family zone shall be constructed or altered to create more than one dwelling unit.

In the R-B zone, only two dwelling units shall be permitted per building. Access to each dwelling unit shall be provided under separate entrances.

Room usage.

Basements in all zones shall be open and undivided except for utility rooms, laundry rooms and incidental storage rooms.

Kitchens.

[Amended 3-27-2007 by Ord. No. 07-2007; 7-9-2019 by Ord. No. 10-2019]

Kitchens shall only be allowed on the second floor of legal conforming two-family homes.

Kitchens, wet bars, sinks (other than a laundry sink adjacent to a washer or dryer) or cooking facilities shall not be permitted in any basement, cellar or lower level of any home.

Tubs, showers and any type of bathing facilities shall not be permitted in the basement, cellar or lower level of a two-family home.

[Amended 3-27-2007 by Ord. No. 07-2007; 7-9-2019 by Ord. No. 10-2019]

No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space similarly required for another building.

No lot shall be so reduced in area that it does not meet the area requirements or that any required open space will be smaller than prescribed in the area and bulk schedule for the district in which said lot is located.

Only one electric and/or gas service, including metering devices, shall be allowed for each permitted dwelling unit.

[Added 9-24-2002 by Ord. No. 24-2002]

§ 415-124 Principal buildings.

Only one principal structure shall be permitted on a lot, except for related buildings forming one principal use and limited to public or institutional building complexes, shopping centers, planned industrial and/or office complexes or senior citizen and multifamily developments.

§ 415-125 Frontage on public street.

Every principal structure shall be built upon a lot with frontage on a public street which shall be certified as suitably improved to the satisfaction of the governing body or for which the necessary performance guaranty has been posted to ensure such improvement.

§ 415-126 Lot width.

Lot width shall be measured at the required front yard setback line. Lot frontage may be reduced to no less than 75% of the lot width on irregularly shaped lots.

§ 415-127 Prohibited uses.

Those uses not specifically permitted in a zone district are prohibited.

§ 415-128 Right-of-way dedications.

Applications for development shall show a right-of-way dedication equal to 1/2 of the required right-of-way measured from the center line of the road along the entire frontage of the tract.

§ 415-129 Height exceptions.

The height limitations of this chapter shall not apply to the following structures: appurtenances not for human occupancy, such as church spires, belfries, cupolas, domes, chimneys, ventilators, skylights, water tanks and other necessary mechanical equipment usually carried above the roof level, provided that they do not occupy more than 25% of the roof area or extend more than five feet above the maximum height limit for the zone; and radio or television receiving antennas, public utility transmission towers or cable antennas, provided that they are approved by the Board.

§ 415-130 District boundary transition requirements.

Lot divided by district boundary. Where a lot is divided by a district boundary, the part of such lot within each district shall be regulated by all the bulk regulations of that district, except that the maximum floor area shall be equal to the sum of the floor areas permitted on each part of the lot. Such total floor area may be located anywhere on the lot where permitted by the other bulk regulations.

Transition at district boundary. Where a lot in a business district abuts a lot in a residential district, there shall be provided along such lines in such business lot a yard at least equal in width or depth to that required in the residential district, but in no case shall such yard be smaller than that required for the district in which such lot is located.

Buffer requirements. Where a nonresidential use or zone abuts a residential zone, there shall be provided on the nonresidential lot a buffer in accordance with § 415-92.

§ 415-130.1 Affordable housing requirements.

[Added 11-13-2018 by Ord. No. 18-2018]

Purpose.

The purpose of this section is to provide for and regulate affordable housing in the Borough of Totowa. This section is intended to assure that low- and moderate-income units ("affordable units") are created with controls on affordability over time and that low- and moderate-income individuals and households shall occupy these units.

The Borough of Totowa Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Housing Element and Fair Share Plan has been endorsed by the Borough Council. The Fair Share Plan describes the ways the Borough of Totowa shall address its fair share for low- and moderate-income housing as determined by the New Jersey Superior Court and documented in the Housing Element.

This section implements and incorporates the Housing Element and Fair Share Plan and addresses the requirements of N.J.A.C. 5:97, as it may be amended and supplemented.

Monitoring requirements.

On the first anniversary of the entry of the Order granting Totowa a Final Judgment of Compliance and Repose in IMO Application of the Borough of Totowa, Docket No.: PAS-L-2406-15, and every anniversary thereafter through the end of 2025, the Borough shall provide annual reporting of its Affordable Housing Trust Fund activity to the New Jersey Department of Community Affairs (DCA), Council on Affordable Housing (COAH), or Local Government Services (LGS) or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center (FSHC), using forms developed for this purpose by the DCA, COAH or LGS or forms approved by the Special Master.

On the first anniversary of the entry of the Order granting Totowa a Final Judgment of Compliance and Repose in IMO Application of the Borough of Totowa, Docket No.: PAS-L-2406-15, and every anniversary thereafter through the end of 2025, the Borough shall provide annual reporting of the status of all affordable housing activity within the Borough through posting on the municipal website, with copies provided to FSHC, DCA, COAH, or LGS or other entity designated by the State of New Jersey, using forms previously developed for this purpose by COAH or any other forms endorsed by the court-appointed Special Master and FSHC.

For the midpoint realistic opportunity review, due on July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Borough shall post on its municipal website, with copies provided to DCA, COAH, or LGS or other entity designated by the State of New Jersey and FSHC, a status report as to its implementation of its Plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity and whether any mechanisms to meet unmet need should be revised or supplemented. Such copy shall provide the opportunity for the aforementioned entities to submit comments to the Borough regarding whether any sites no longer present a realistic opportunity and should be replaced and whether any mechanisms to meet unmet need should be revised or supplemented.

AFFORDABLE HOUSING DEVELOPMENT

For the review of very-low-income housing requirements required by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary of the entry of the Order granting Totowa a Final Judgment of Compliance and Repose in IMO Application of the Borough of Totowa, Docket No.: PAS-L-2406-15, and every third year thereafter, the Borough will post on its municipal website, with copies provided to DCA, COAH, or LGS or other entity designated by the State of New Jersey and FSHC, a status report as to its satisfaction of its very-low-income requirements, including the family very-low-income requirements referenced in the settlement agreement. Such copy shall provide the opportunity for the aforementioned entities to submit comments to the Borough on the issue of whether the Borough has complied with its very-low-income housing obligation under the terms of the settlement agreement.

Definitions. The following terms when used in this section shall have the meanings given herein:

ACT

The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).

ADAPTABLE

Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT

The entity designated by the Borough to administer affordable units in accordance with this section, N.J.A.C. 5:93, and UHAC (N.J.A.C. 5:80-26).

AFFIRMATIVE MARKETING

A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

AFFORDABILITY AVERAGE

The average percentage of median income at which new restricted units in an affordable housing development are affordable to low- and moderate-income households.

AFFORDABLE

A sales price or rent level that is within the means of a low- or moderate-income household as defined within N.J.A.C. 5:93-7.4, and, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as it may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as it may be amended and supplemented.

A development included in or approved pursuant to the Housing Element and Fair Share Plan or otherwise intended to address the Borough's fair share obligation, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable housing development.

AFFORDABLE HOUSING PROGRAM(S)

Any mechanism in a Municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.

AFFORDABLE UNIT

A housing unit proposed or created pursuant to the Act and approved for crediting by the court and/or funded through an affordable housing trust fund.

AGE-RESTRICTED UNIT

A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development wherein the unit is situated are 62 years of age or older; or 2) at least 80% of the units are occupied by one person who is 55 years of age or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

AGENCY

The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).

ALTERNATIVE LIVING ARRANGEMENTS

A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangements include, but are not limited to, transitional facilities for the homeless; Class A, B, C, D and E boardinghomes as regulated by the State of New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.

ASSISTED LIVING RESIDENCE

A facility that is licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

CERTIFIED HOUSEHOLD

A household that has been certified by an Administrative Agent as a low-income household or moderate-income household.

COAH

The Council on Affordable Housing, as established by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), or any successor agency charged with the administration of the Act.

COURT

The Superior Court of New Jersey, Law Division, Passaic County.

DCA

The State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

A housing unit with health and safety code violations that requires the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.

DEVELOPER

Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land included in a proposed development including the holder of an option to contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.

INCLUSIONARY DEVELOPMENT

A development containing both affordable units and market-rate units. This term includes, but is not limited to, new construction, the conversion of a nonresidential structure to residential use and the creation of new affordable units through the gut rehabilitation or reconstruction of a vacant residential structure.

LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 50% or less of the regional median household income by household size.

LOW-INCOME UNIT

A restricted unit that is affordable to a low-income household.

MAJOR SYSTEM

The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include, but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and load bearing structural systems.

MARKET-RATE UNITS

Housing not restricted to low- and moderate-income households that may sell or rent at any price.

MEDIAN INCOME

The median income by household size for the applicable housing region, as adopted annually by COAH or a successor entity approved by the Court.

MODERATE-INCOME HOUSEHOLD

A household with a total gross annual household income in excess of 50% but less than 80% of the regional median household income by household size.

MODERATE-INCOME UNIT

A restricted unit that is affordable to a moderate-income household.

MULTIFAMILY UNIT

A structure containing five or more dwelling units.

NONEXEMPT SALE

Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary and the transfer of ownership by court order.

RANDOM SELECTION PROCESS

A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).

REGIONAL ASSET LIMIT

The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by duly adopted Regional Income Limits published annually by COAH or a successor entity.

REHABILITATION

The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT

The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.

RESTRICTED UNIT

A dwelling unit, whether a rental unit or an ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.

UHAC

The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26 et seq.

VERY-LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 30% or less of the regional median household income by household size.

VERY-LOW-INCOME UNIT

A restricted unit that is affordable to a very-low-income household.

WEATHERIZATION

Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for purposes of a rehabilitation program.

Applicability.

The provisions of this section shall apply to all affordable housing developments and affordable housing units that currently exist and that are proposed to be created within the Borough of Totowa pursuant to the Borough's most recently adopted Housing Element and Fair Share Plan.

Moreover, this section shall apply to all developments that contain low- and moderate-income housing units, including any currently anticipated future developments that will provide low- and moderate-income housing units.

Rehabilitation program.

Totowa's rehabilitation program shall be designed to renovate deficient housing units occupied by low- and moderate-income households such that, after rehabilitation, these units will comply with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28.

Both owner-occupied and renter-occupied units shall be eligible for rehabilitation funds.

All rehabilitated units shall remain affordable to low- and moderate-income households for a period of 10 years (the control period). For owner-occupied units the control period will be enforced with a lien and for renter-occupied units the control period will be enforced with a deed restriction.

The Borough of Totowa shall dedicate a minimum of $10,000 and a maximum of $20,000 for each unit to be rehabilitated through this program.

The Borough of Totowa shall adopt a resolution committing to fund any shortfall in the rehabilitation programs for the Borough.

The Borough of Totowa shall designate, subject to the approval of the Court, one or more Administrative Agents to administer the rehabilitation program in accordance with N.J.A.C. 5:96 and N.J.A.C. 5:97. The Administrative Agent(s) shall provide a rehabilitation manual for the owner-occupancy rehabilitation program and a rehabilitation manual for the rental-occupancy rehabilitation program to be adopted by resolution of the governing body and subject to approval of the Court. Both rehabilitation manuals shall be available for public inspection in the office of the Municipal Clerk and in the office(s) of the Administrative Agent(s).

Units in a rehabilitation program shall be exempt from N.J.A.C. 5:97-9 and Uniform Housing Affordability Controls (UHAC), but shall be administered in accordance with the following:

If a unit is vacant, upon initial rental subsequent to rehabilitation, or if a renter-occupied unit is rerented prior to the end of controls on affordability, the deed restriction shall require the unit to be rented to a low- or moderate-income household at an affordable rent and affirmatively marketed pursuant to N.J.A.C. 5:97-9 and UHAC.

If a unit is renter-occupied, upon completion of the rehabilitation, the maximum rate of rent shall be the lesser of the current rent or the maximum permitted rent pursuant to N.J.A.C. 5:97-9 and UHAC.

Rents in rehabilitated units may increase annually based on the standards in N.J.A.C. 5:97-9.

Applicant and/or tenant households shall be certified as income-eligible in accordance with N.J.A.C. 5:97-9 and UHAC, except that households in owner occupied units shall be exempt from the regional asset limit.

Alternative living arrangements.

The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following exceptions:

Affirmative marketing (N.J.A.C. 5:80-26.15); provided, however, that the units or bedrooms may be affirmatively marketed by the provider in accordance with an alternative plan approved by COAH or the Court.

Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).

With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least twenty-year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by COAH or the Court.

The service provider for the alternative living arrangement shall act as the Administrative Agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement.

Inclusionary zoning. To implement the Fair Share Plan in a manner consistent with the terms of the settlement agreement executed on April 24, 2018, ensure the efficient use of land through compact forms of development and to create realistic opportunities for the construction of affordable housing, Totowa has created several inclusionary housing zones. These inclusionary housing zones are detailed in the Housing Plan Element and Fair Share Plan, dated August 23, 2018.

Phasing schedule for inclusionary zoning. In inclusionary developments the following schedule shall be followed:

Maximum Percentage of Market-Rate Units Completed	Minimum Percentage of Low- and Moderate-Income Units Completed
25%	0%
25% + 1	10%
50%	50%
75%	75%
90%	100%

Fractional units. Inclusionary developments that result in an affordable housing obligation that is fractional shall either round up and provide the additional affordable unit or pay the fractional difference as a payment-in-lieu to the Borough's affordable housing trust fund. The payment-in-lieu for 2018 is $150,000. The payment increases by 3% each year.

New construction.

Low/moderate split and bedroom distribution of affordable housing units.

The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit. At least 13% of all restricted rental units shall be very-low-income units (affordable to a household earning 30% or less of median income). The very-low-income units shall be counted as part of the required number of low-income units within the development.

At least 25% of the obligation shall be met through rental units, including at least 1/2 in rental units available to families.

A maximum of 25% of the Borough's obligation may be met with age-restricted units. At least 1/2 of all affordable units in the Borough's Plan shall be nonrestricted.

In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.

Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:

The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;

At least 30% of all low- and moderate-income units shall be two-bedroom units;

At least 20% of all low- and moderate-income units shall be three-bedroom units; and

The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.

Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. This standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit. The Borough shall not be permitted to claim credit to satisfy its obligations under the settlement agreement for age-restricted units that exceed 25% of all units developed.

Accessibility requirements.

The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:

An adaptable toilet and bathing facility on the first floor; and

An adaptable kitchen on the first floor; and

An interior accessible route of travel on the first floor; and

An adaptable room that can be used as a bedroom, with a door or casing for the installation of a door, on the first floor; and

If not all of the foregoing requirements in Subsection J(2)(b)[1] through [4] can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Subsection J(2)(b)[1] through [4] above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and

[6]

An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that Totowa has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:

[a]

Where a unit has been constructed with an adaptable entrance, upon the request of a person with disabilities who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.

[b]

To this end, the builder of restricted units shall deposit funds within the Borough of Totowa's Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.

[c]

The funds deposited under Subsection J(2)(b)[6][b] above shall be used by the Borough of Totowa for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.

[d]

The developer of the restricted units shall submit a design plan and cost estimate to the Construction Official of the Borough of Totowa for the conversion of adaptable to accessible entrances.

[e]

Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Borough's Affordable Housing Trust Fund in care of the Borough Chief Financial Officer who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.

[f]

Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is "site impracticable" to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.

Design.

In inclusionary developments, to the extent possible, low-and moderate-income units shall be integrated with the market units.

In inclusionary developments, low- and moderate-income units shall have access to all of the same common elements and facilities as the market units.

Maximum rents and sales prices.

In establishing rents and sales prices of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC, utilizing the regional income limits established by COAH or a successor entity.

The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted rental units shall be affordable to households earning no more than 52% of median income.

The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units, provided that at least 13% of all low- and moderate-income rental units shall be affordable to very-low-income households, earning 30% or less of the regional median household income, with such very-low-income units counted the low-income housing requirement.

The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate income ownership units must be available for at least three different sales prices for each bedroom type, and low-income ownership units must be available for at least two different sales prices for each bedroom type.

In determining the initial sales prices and rent levels for compliance with the affordability average requirements for restricted units other than assisted living facilities and age-restricted developments, the following standards shall be used:

A studio shall be affordable to a one-person household;

A one-bedroom unit shall be affordable to a one-and-one-half-person household;

A two-bedroom unit shall be affordable to a three-person household;

A three-bedroom unit shall be affordable to a four-and-one-half-person household; and

A four-bedroom unit shall be affordable to a six-person household.

In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted developments, the following standards shall be used:

A studio shall be affordable to a one-person household;

A one-bedroom unit shall be affordable to a one-and-one-half-person household; and

A two-bedroom unit shall be affordable to a two-person household or two one-person households.

The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as it may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as it may be amended and supplemented.

The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate size household, including an allowance for tenant paid utilities, as determined under N.J.A.C. 5:80-26.4, as it may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as it may be amended and supplemented.

The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the Administrative Agent be lower than the last recorded purchase price.

The rent of low- and moderate-income units may be increased annually based on the permitted percentage increase in the Housing Consumer Price Index for the United States. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.

Utilities.

Affordable units shall utilize the same type of heating source as market units within an inclusionary development.

Tenant-paid utilities included in the utility allowance shall be set forth in the lease and shall be consistent with the utility allowance approved by HUD for its Section 8 program.

Occupancy standards. In referring certified households to specific restricted units, the Administrative Agent shall, to the extent feasible and without causing an undue delay in the occupancy of a unit, strive to:

Provide an occupant for each bedroom;

Provide children of different sexes with separate bedrooms;

Provide separate bedrooms for parents and children; and

Prevent more than two persons from occupying a single bedroom.

Control periods for restricted ownership units and enforcement measures.

Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as it may be amended and supplemented, and each restricted ownership unit shall remain subject to the requirements of this section for a period of at least 30 years, until Totowa takes action to release the unit from such requirements; prior to such action, a restricted ownership unit shall remain subject to the requirements of N.J.A.C. 5:80-26.1, as it may be amended and supplemented.

The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.

Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the Administrative Agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.

At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the Administrative Agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first nonexempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.

The affordability controls set forth in this chapter shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.

A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all Code standards upon the first transfer of title following the removal of the restrictions provided under N.J.A.C. 5:80-26.5(a), as it may be amended and supplemented.

Price restrictions for restricted ownership units, homeowner association fees and resale prices. Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as it may be amended and supplemented, including:

The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent.

The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.

The master deeds of inclusionary developments shall provide no distinction between the condominium or homeowner association fees and special assessments paid by low and moderate income purchasers and those paid by market purchasers.

The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. See § 415-130.1Q.

Buyer income eligibility.

Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as it may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income, and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.

Notwithstanding the foregoing, however, the Administrative Agent may, upon approval by the Borough Council, and subject to the Court's approval, permit moderate-income purchasers to buy low-income units in housing markets if the Administrative Agent determines that there is an insufficient number of eligible low-income purchasers to permit prompt occupancy of the units. All such low-income units to be sold to moderate-income households shall retain the required pricing and pricing restrictions for low-income units.

A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit.

The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low income household or a moderate income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's eligible monthly income.

Limitations on indebtedness secured by ownership unit; subordination.

Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the Administrative Agent for a determination, in writing, that the proposed indebtedness complies with the provisions of this section, and the Administrative Agent shall issue such determination prior to the owner incurring such indebtedness.

With the exception of first purchase money mortgages, neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of the unit, as such price is determined by the Administrative Agent in accordance with N.J.A.C. 5:80-26.6(b).

Capital improvements to ownership units.

The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of capital improvements made since the purchase of the unit. Eligible capital improvements shall be those that render the unit suitable for a larger household or that adds an additional bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.

Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the Administrative Agent at the time of the signing of the agreement to purchase. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price, which shall be subject to ten-year, straight-line depreciation, has been approved by the Administrative Agent. Unless otherwise approved by the Administrative Agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The owner and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.

Control periods for restricted units.

Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as it may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 30 years, until Totowa takes action to release the unit from such requirements. Prior to such action, a restricted rental unit shall remain subject to the requirements of N.J.A.C. 5:80-26.1, as it may be amended and supplemented.

Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Passaic. The deed shall also identify each affordable unit by apartment number and/or address and whether that unit is designated as a very-low, low- or moderate-income unit. Neither the unit nor its affordability designation shall change throughout the term of the deed restriction. A copy of the filed document shall be provided to the Administrative Agent within 30 days of the receipt of a certificate of occupancy.

A restricted rental unit shall remain subject to the affordability controls of this section despite the occurrence of any of the following events:

Sublease or assignment of the lease of the unit;

Sale of other voluntary transfer of the ownership of the unit; or

The entry and enforcement of any judgement of foreclosure on the property containing the unit.

Rent restrictions for rental units; leases.

A written lease shall be required for all restricted rental units and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the Administrative Agent.

No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Administrative Agent.

Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the Administrative Agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.

Tenant income eligibility.

Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as it may be amended and supplemented, and shall be determined as follows:

Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.

Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.

Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.

The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income household, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as it may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:

The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;

The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;

The household is currently in substandard or overcrowded living conditions;

The household documents the existence of assets with which the household proposes to supplement the rent payments; or

The household documents reliable anticipated third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit.

The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection T(1)(a) through (2)(e) above with the Administrative Agent, who shall counsel the household on budgeting.

§ 415-130.2 Municipal housing liaison.

[Added 11-13-2018 by Ord. No. 18-2018]

The Borough of Totowa shall appoint a specific municipal employee to serve as a Municipal Housing Liaison responsible for administering the affordable housing program, including affordability controls, the Affirmative Marketing Plan, monitoring and reporting, and, where applicable, supervising any contracted Administrative Agent. The Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee.

The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Totowa, including the following responsibilities which may not be contracted out to the Administrative Agent:

Serving as Totowa's primary point of contact for all inquiries from the state, affordable housing providers, Administrative Agents and interested households;

Monitoring the status of all restricted units in Totowa's Fair Share Plan;

Compiling, verifying and submitting annual monitoring reports as may be required by the Court;

Coordinating meetings with affordable housing providers and Administrative Agents, as needed; and

Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing at least annually and more often as needed.

Subject to the approval of the Court, the Borough of Totowa shall designate one or more Administrative Agent(s) to administer newly constructed affordable units in accordance with UHAC. An Operating Manual for each affordable housing program shall be provided by the Administrative Agent(s) to be adopted by resolution of the governing body and subject to approval of the Court. The Operating Manual(s) shall be available for public inspection in the office of the Borough Clerk, in the office of the Municipal Housing Liaison, and in the office(s) of the Administrative Agent(s). The Municipal Housing Liaison shall supervise the contracting Administrative Agent(s).

Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.

§ 415-130.3 Administrative agent.

[Added 11-13-2018 by Ord. No. 18-2018]

The Administrative Agent shall be an independent entity serving under contract to and reporting to the Borough. For new sale and rental developments, all of the fees of the Administrative Agent shall be paid by the owners of the affordable units for which the services of the Administrative Agent are required. For resales, single-family homeowners and condominium homeowners shall be required to pay 3% of the sales price for services provided by the Administrative Agent related to the resale of their homes. That fee shall be collected at closing and paid directly to the Administrative Agent. The Administrative Agent shall perform the duties and responsibilities of an Administrative Agent as set forth in UHAC, including those set forth in N.J.A.C. 5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof, which include:

Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the Borough of Totowa and the provisions of N.J.A.C. 5:80-26.15; and

Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.

Household certification:

Soliciting, scheduling, conducting and following up on interviews with interested households;

Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;

Providing written notification to each applicant as to the determination of eligibility or noneligibility;

Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;

Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and

Employing a random selection process as provided in the Affirmative Marketing Plan of the Borough of Totowa when referring households for certification to affordable units.

Affordability controls:

Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;

Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;

Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the Passaic County Register of Deeds or County Clerk's office after the termination of the affordability controls for each restricted unit;

Communicating with lenders regarding foreclosures; and

Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.

Sales and rerentals:

Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or rerental; and

Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or rerental.

Processing requests from unit owners:

Reviewing and approving requests for determination from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership that the amount of indebtedness to be incurred will not violate the terms of this section;

Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the depreciated cost of central air conditioning systems;

Notifying the Borough of an owner's intent to sell a restricted unit; and

Making determinations on requests by owners of restricted units for hardship waivers.

Enforcement:

Securing annually from the Borough a list of all affordable housing units for which tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;

Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent;

The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the Administrative Agent where complaints of excess rent or other charges can be made;

Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;

Establishing a program for diverting unlawful rent payments to the Borough's Affordable Housing Trust Fund; and

Creating and publishing a written operating manual for each affordable housing program administered by the Administrative Agent, to be approved by the Borough Council and the Court, setting forth procedures for administering the affordability controls.

Additional responsibilities:

The Administrative Agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.

The Administrative Agent shall prepare monitoring reports for submission to the Municipal Housing Liaison in time to meet any monitoring requirements and deadlines imposed by the Court.

The Administrative Agent shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing at least annually and more often as needed.

§ 415-130.4 Affirmative marketing requirements.

[Added 11-13-2018 by Ord. No. 18-2018]

The Borough of Totowa shall adopt by resolution an Affirmative Marketing Plan, subject to the approval of the Court that is compliant with N.J.A.C. 5:80-25.15, as it may be amended and supplemented.

The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. In addition, as a result of the Settlement Agreement with FSHC, the Affirmative Marketing Plan shall require the notification of Passaic Resource Network, New Bridge Services, Family Promise of Bergen County and Hudson County Housing Resource Center of affordable housing opportunities. It is a continuing program that directs marketing activities toward Housing Region 1 and is required to be followed throughout the period of restriction.

The Affirmative Marketing Plan shall provide a regional preference for all households that live and/or work in Housing Region 1, comprised of Bergen, Hudson, Passaic and Sussex Counties.

The Borough has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the Affirmative Marketing Program, including initial sales and rentals and resales and rerentals. The Administrative Agent designated by the Borough of Totowa shall implement the Affirmative Marketing Plan to assure the affirmative marketing of all affordable units.

In implementing the Affirmative Marketing Plan, the Administrative Agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.

The Affirmative Marketing Plan shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the Affirmative Marketing Plan, the Administrative Agent shall consider the use of language translations where appropriate.

The affirmative marketing process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy.

Applications for affordable housing shall be available in several locations, including, at a minimum, the Bergen County Administration Building, the Passaic County Administration Building, Hudson County Administration Building, County of Sussex Main Library, the Totowa Municipal Building, Totowa Public Library and the developer's rental office. Preapplications may be emailed to prospective applicants upon request. Otherwise, hard copies are available from the Borough's Municipal Housing Liaison.

The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner.

§ 415-130.5 Enforcement of affordable housing regulations.

[Added 11-13-2018 by Ord. No. 18-2018]

Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the Borough shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, a requirement for household recertification, acceleration of all sums due under a mortgage, recuperation of any funds from a sale in violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.

After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the Borough may take the following action(s) against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:

The Borough may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation or violations of the regulations governing the affordable housing unit. If the owner, developer or tenant is adjudged by the Court to have violated any provision of the regulations governing affordable housing units, the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the Court:

A fine of not more than $500 per day or imprisonment for a period not to exceed 90 days, or both, provided that each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuation of the initial offense. In the case of an owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Borough of Totowa Affordable Housing Trust Fund of the gross amount of rent illegally collected;

In the case of an owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Court.

The Borough may file a court action in the Superior Court seeking a judgment that would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any such judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low or moderate income unit.

The judgment shall be enforceable, at the option of the Borough, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the Borough, including attorney's fees. The violating owner shall have his right to possession terminated as well as his title conveyed pursuant to the Sheriff's sale.

The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the Borough for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the Borough in full as aforesaid, the violating owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the Borough in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the Borough for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the Borough for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the Borough. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the Borough, whether such balance shall be paid to the owner or forfeited to the Borough.

Foreclosure by the Borough due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low and moderate income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.

If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.

Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the Borough shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the Borough, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.

The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.

§ 415-130.6 Appeals.

[Added 11-13-2018 by Ord. No. 18-2018]

Appeals from all decisions of an Administrative Agent appointed pursuant to this article shall be filed in writing with the Executive Director of COAH or with the Superior Court, Passaic County Vicinage.

§ 415-131 Principal uses.

[Amended 1-25-2005 by Ord. No. 02-2005]

The use of the areas depicted in the Zoning Map as R-40, R-20A, R-20, R-7, R-B, R-SC, R-AH and AHD shall be governed by the Area and Bulk Schedule attached hereto,[1] referring specifically to the following principal uses:

District	Principal Uses
R-40	Single-family residences
R-20A	Single-family residences
R-20	Single-family residences
R-7	Single-family residences
R-B	Two-family residences
R-SC	Senior citizens housing
R-AH	Affordable housing
AHD	Adult housing

Editor's Note: See the Area and Bulk Schedule for Residence Districts located at the end of this chapter.

§ 415-132 Additional use regulations.

Uses allowed by right on each lot, in addition to the above principal uses, are as follows:

Home-based businesses. Home office use, meaning an office activity carried on for gain by a resident in a dwelling unit, shall be a permitted accessory use in residential zone districts, provided:

[Amended 6-27-2006 by Ord. No. 10-2006]

The use is limited solely to office use;

The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons;

No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes;

The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;

Interior storage of materials shall only consist of office supplies;

There shall be no changes to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including, but not limited to, parking, storage, signs, or lights;

The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents;

The use does not require any increased or enhanced electrical or water supply;

The quantity and type of solid waste disposal is the same as other residential uses in the zone district;

The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components;

(11)

Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express, and other delivery services providing regular service to residential uses in the zone district; and

All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.

No boardinghouse or rooming house shall be permitted.

In a two-family dwelling, the rental of rooms shall be restricted to the first two stories.

§ 415-133 Senior citizen housing in R-SC Zone only.

Occupancy. No dwelling unit within a Senior Citizen Housing Zone may be occupied by a person who is not a senior citizen, except:

The spouse of a senior citizen; or

One person under 62 years of age but over 19 years of age may reside in such dwelling unit with a senior citizen if the presence of such person is essential for the physical care of the senior citizen.

Permitted uses. Uses permitted in a Senior Citizen Housing Zone shall be dwelling units for the accommodation of senior citizens and one or more of the following accessory uses:

Indoor or outdoor recreational facilities to the extent permitted in the residential zone.

Enclosed hobby and lounging areas.

Personal laundry and drying facilities.

Enclosed individual storage areas.

Enclosed worship facilities.

Dwelling for full-time caretaker and family.

Limitation of accessory uses. No accessory use shall be designed for or used by persons other than occupants of the dwelling units within the site.

Design and development standards.

Minimum area: seven acres.

Maximum density: six units per acre.

Maximum total building coverage: 30% of the area.

Unpaved or uncovered portions of the premises shall be suitably landscaped and improved to provide for aesthetic setting and enjoyment of natural areas. Natural areas shall be preserved where parklike and natural settings are desirable.

Height of buildings. The maximum height of buildings shall be three stories or 40 feet, whichever is the lesser.

Setback. All buildings shall be set back at least 50 feet from any property line and 50 feet from any street line.

Distance between buildings. Buildings shall be so designed and separated as to provide adequate access by emergency vehicles and equipment. Buildings shall have a minimum separation of 40 feet, except that radial wings may be located more closely, provided that the minimum angle between wings is at least 60°.

Interior roads. Interior roads not dedicated to the public use shall have a minimum paved width of 34 feet for two-way traffic with on-street parking or 26 feet with no on-street parking and shall be maintained in good repair with curbs. Culs-de-sac shall have a minimum radius of 40 feet.

Walkways. Concrete walkways shall be provided to ensure protected pedestrian walkways on a minimum of one side of drives and roadways. All walkways shall have a minimum of four feet and shall be designed in accordance with all applicable codes and regulations.

Utilities. All dwelling units shall be serviced by public water and sewerage systems and safety and warning systems.

Design. The design and layout of the dwelling units and all buildings and facilities shall be planned for the convenience of senior citizens and in accordance with applicable codes and regulations.

Illumination. Artificial illumination sufficient for the convenience and safety of senior citizens shall be provided.

Screening. Dwelling units, recreation areas, parking and community facilities shall be adequately screened with evergreens to create privacy, prevent outside interference of traffic and noise or industrial activity and to provide for privacy through the site for social, recreational and residential uses.

Off-street parking. At least one paved space shall be provided for each dwelling unit. Each parking space shall be a minimum of 10 feet by 20 feet.

§ 415-134 Purpose.

The purpose is to establish an affordable housing zone to permit the construction of a comprehensive, coordinated development of land for multifamily housing that would provide affordable housing.

§ 415-135 Permitted uses.

Development options. Within the R-AH District there are two development options:

For-sale residential development. An inclusionary housing development at a maximum density of 12.5 units per acre with a 20% affordable housing set-aside.

Rental residential development. An inclusionary housing development at a maximum density of 15 units per acre with a 20% affordable housing set-aside.

Principal permitted uses. The following for-sale or rental principal uses are permitted:

Multifamily dwellings.

Townhouse dwellings.

Stacked townhouse dwellings, which are defined as a one-family unit in a row of at least three such units, where units are stacked on each other. Units may be multilevel; however, all units shall have common fire-resistant walls and have direct access from the outside.

Utilities and essential services.

Prohibited uses. Any use not listed as permitted is prohibited.

§ 415-136 Accessory uses.

Accessory permitted uses shall be as follows:

Signs.

Noncommercial swimming pools, tennis courts and other indoor or outdoor recreation facilities.

Private garages and off-street parking for private vehicles.

Garages under or incorporated into the building design.

§ 415-137 Area, bulk and yard requirements.

Area, bulk and yard requirements shall be as follows:

Minimums	Townhouse	Multifamily	Stacked Townhouse
Tract size	4 Acres	4 Acres	4 Acres
Tract frontage	200 Feet	200 Feet	200 Feet
Tract setback*	40 Feet	40 Feet	40 Feet
Lot size	2,500 Square Feet	—	—
Lot width	25 Feet	—	—
Lot depth	100 Feet	—	—
Building wall front-to-front setback	60 Feet	75 Feet	75 Feet
Building wall side-to-side setback	30 Feet	35 Feet	35 Feet
Building wall rear-to-rear setback	60 Feet	60 Feet	60 Feet
Building wall side-to-rear or side-to-front setback	45 Feet	40 Feet	40 Feet

Maximums	Townhouse	Multi-family	Stacked Townhouse
Building coverage	50%	65%	65%
Impervious coverage	70%	80%	80%
Building length	180 Feet	200 Feet	200 Feet
Number of units per building	7	—	—
Height in feet	35	52	52
Height in stories	2.5	4	4

*	This setback prohibits the construction of any buildings and/or parking lots within 40 feet of the entire tract perimeter. See § 415-142A(1) for additional parameters.

Accessory buildings:

Minimum distance setback from principal buildings: 40 feet.

Maximum height: 15 feet.

§ 415-138 Lighting standards.

The following lighting standards shall apply:

Low-pressure sodium or mercury vapor lighting is prohibited.

Parking lot lighting shall be no more than 20 feet in height.

A minimum average of 0.5 footcandle shall be maintained within the parking lot and over all pedestrian walkways.

Parking lot fixtures shall be full cutoff.

Footcandles at the property line shall not exceed one footcandle, except where there are entrance/exit driveways.

§ 415-139 Off-street parking.

Off-street parking shall be provided as required by RSIS. There shall be no parking of any vehicle along roadways. Parking spaces shall measure nine feet wide by 18 feet long.

§ 415-140 Circulation requirements.

Roadway widths shall be in accordance with the RSIS.

Minimum driveway width, one-way: 12 feet.

Minimum driveway width, two-way: 22 feet.

Construction of pavement and pavement materials shall conform to the RSIS and NJDOT Standard Specification for Road and Bridge Construction, current editions.

§ 415-141 Utility improvements and services.

Utility improvements and services for the R-AH District.

Water facilities.

The site shall be connected to a municipal water system.

All water system facilities including fire hydrants and fire protection shall be designed and installed in accordance with the standards of the applicable governmental bodies having jurisdiction thereof.

Sanitary sewerage system.

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

The developer shall provide an organization for the ownership and maintenance of any and all sanitary sewer facilities. Said organization shall be fully responsible for compliance with all federal, state and local laws and regulations and for securing all pertinent permits for the operation, function and maintenance of any on-site facilities. Said organization may be a firm, corporation or other legal entity owned and/or controlled by the developer.

The developer shall be responsible for off-tract water, sanitary sewer and storm sewer infrastructure upgrades necessary for the development of the property. The proportional responsibility shall be determined by the Borough Engineer.

Drainage and stormwater management.

The development shall be serviced by a stormwater management system as designed by the applicant and shall conform to all relevant Borough, state and federal status rules and regulations concerning stormwater management or flood control.

The developer shall provide an organization for the ownership and maintenance of any and all drainage and stormwater management facilities. Said organization shall be fully responsible for compliance with all federal, state and local laws and regulations and for securing all pertinent permits for the operation, function and maintenance of any on-site facilities. Said organization may be a firm, corporation or other legal entity owned and/or controlled by the developer.

Electric, gas, telephone and cable television services, if available, shall be provided by the developer in concert with the appropriate public utility providing such services and shall be installed underground.

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

Refuse pickup and recycling areas shall be provided and shall be located for the convenience of the residents of the developments and shall be screened and fully enclosed.

The residents' association(s) of the affordable housing development shall be required to provide for and/or contribute to expense or cost of the upkeep, maintenance and operation of the sanitary sewer system, roads, drives, parking facilities, drainage facilities, streetlighting, refuse pickup, snowplowing and other services in accordance with a homeowners' association agreement to be reviewed and approved by the Borough prior to final approval.

§ 415-142 Landscape standards.

The following landscape standards shall apply:

Tract buffer: where existing adjacent parcels contain single-family detached homes.

Where the tract abuts existing adjacent single-family homes, a minimum fifty-foot-wide natural landscaped buffer shall be provided. Within this buffer area no existing tree shall be cut or removed unless the tree is diseased or dead. This shall supersede the forty-foot tract setback provision. Therefore, no building or parking lot shall be within 50 feet of a property line that abuts an existing single-family detached home.

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees and shrubs to provide a natural looking buffer while providing a visual screen.

The existing trees within the buffer area shall be supplemented by shade and evergreen trees and shrubs as follows to provide a year-round screen:

One shade tree for every 50 linear feet of buffer;

Two evergreen trees for every 25 linear feet of buffer; and

Fifteen shrubs for every 50 linear feet of buffer.

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

Buffer plants shall be the following size at the time of planting:

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 to 14 feet in height, balled and burlapped.

Evergreen trees shall be planted at a minimum height of seven feet, balled and burlapped.

Shrubs shall be planted at a minimum of 36 inches in height. All shrubs shall be evergreen.

Shade trees shall be considered deciduous trees that mature to a height of 50 feet or greater. Evergreen trees shall be considered trees which mature to a height of 40 or more feet and have a mature width of over 10 feet. Should narrower varieties of evergreens be proposed for buffer plantings, additional plants shall be required to achieve a visual screen.

No more than 25% of the plantings shall be of the same species and/or variety of plant.

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

Tract buffer: all other adjacent uses.

A minimum twenty-foot-wide landscaped buffer shall be provided. Within this buffer area no existing tree shall be cut or removed unless the tree is diseased or dead.

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees and shrubs to provide a natural looking buffer while providing a visual screen.

Buffer plantings shall be a mixed planting and shall include the following:

One shade tree for every 50 linear feet of buffer;

One evergreen tree for every 30 linear feet of buffer;

Ten shrubs for every 50 linear feet of buffer.

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

Buffer plants shall be the following size at the time of planting:

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 to 14 feet in height, balled and burlapped.

Evergreen trees shall be planted at a minimum height of seven feet, balled and burlapped.

Shrubs shall be planted at a minimum of 36 inches in height. Fifty percent of shrubs shall be evergreen.

No more than 25% of the plantings shall be of the same species and/or variety of plant.

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

Street trees.

Street trees shall be provided along all contiguous public streets, 40 feet on center. The following species are permitted:

Regent Scholar.

Chinese Elm.

October Glory Maple.

Rosehill Ash.

Katsure tree.

Maidenhair tree.

Shademaster Locust.

Coffeetree.

Greenspire Linden.

Village Green Zelkova.

Patmore Ash.

Red Sunset Maple.

Trees shall be a minimum of three inches caliper.

Branching height should bear a relationship to the size and species of the tree, but shall have a minimum clearance height of seven feet above grade before branching begins.

No more than 33% of the street trees shall be of the same species and/or variety.

Parking lot landscaping.

For every 20 surface parking spaces there shall be one landscape area that is at least 162 square feet.

The landscape area shall contain trees and/or shrubs.

Trees shall be a minimum of three inches caliper and shrubs shall be at least 24 inches tall.

§ 415-143 Design standards.

Building facades visible from a public street shall consist of brick, stone, cast stone or other high-quality material.

Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as balconies, canopies and recesses, shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

The maximum spacing between building wall offsets shall be 30 feet.

The minimum projection or depth of any individual vertical offset shall not be less than 1.5 feet.

The maximum spacing between roof offsets shall be 40 feet.

The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors and details.

Gable and hipped roofs shall be used to the greatest extent possible. Both gable and hipped roofs shall provide overhanging eaves on all sides that extend a minimum of one foot beyond the building wall. Flat roofs are permitted only as part of a green roof or renewable energy system, provided that all visibly exposed walls have an articulated cornice that projects horizontally from the vertical building wall plane.

Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.

All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.

Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be, as much as possible, inconspicuous as viewed from the public right-of-way and adjacent properties.

Trash enclosures.

Trash enclosures shall not be visible from any public street and shall be located to the rear or side of the building.

All trash enclosures shall be screened by a solid masonry wall on three sides and heavy-duty gate closures on the fourth side.

The trash enclosure shall be surrounded by a mixture of deciduous and evergreen plant species.

Utilities. All utilities shall be underground.

Signage standards. The following types of signage are permitted:

Monument signs.

One monument sign shall be permitted to identify the residential development.

The total area of the monument sign face shall be limited to 40 square feet.

The height of the sign shall not exceed a height of five feet above the grade.

Monument signs shall be set back a minimum of 10 feet from any property line.

A double-faced sign shall be counted as one sign.

Monument signs may be illuminated by shielded floodlights only.

Street address signs.

Street address signage is required on each building or individual unit.

Numbers shall be a maximum of 1.5 feet in height.

§ 415-144 Ownership and maintenance.

The developer shall establish an organization(s) for the ownership and maintenance of parking, recreational, utility, stormwater management facilities and essential service facilities for the development throughout and for the maintenance of common open space. The same shall be held in perpetuity by the organization(s) subject to appropriate easements. Such organization(s) shall not be dissolved and shall not dispose of said parking, recreational and/or utility, stormwater management facilities and essential service facilities by sale or otherwise, except to an organization(s) conceived and established to own and maintain the same for the benefit of such development and the residents thereof. Thereafter such organization(s) shall not be dissolved or dispose of any of said parking, recreational, utility, stormwater management facilities and essential service facilities without obtaining the consent of the members of the organization(s) as provided by law and also without offering to dedicate the same to the municipality. The developer shall be responsible for the maintenance of said parking, recreational, utility, stormwater management facilities and essential service facilities and shall provide for all services to the development until such time as the organization(s) established for the ownership and maintenance of the same and the maintenance of common open space shall be formed and functioning.

In the event that the organization shall fail to maintain said parking, recreational, utility, stormwater management facilities and essential service facilities for the benefit of the residents of the development and common open space in reasonable order and condition, the governing body may serve written notice upon such organization or upon the residents and owner of the development setting forth the manner in which the organization has failed to maintain the same 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 notice. At such hearing, the governing body may modify the terms of the original notice as to deficiencies and may give an extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension of time thereof, the governing body, in order to preserve said parking, recreation, utility, stormwater management facilities and essential service facilities for the benefit of the residents of the development and common open space and maintain the same for a period of one year, may enter upon and maintain such land. Such entry and maintenance shall not vest in the public any right to use said parking, recreational, utility, stormwater management facilities and essential service facilities and common open space. Before the expiration of said year, the governing body shall, upon its initiative or upon the request of the organization thereto for responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the residents and owners of the development, to be held by the governing body, at which hearing such organization and the residents and owners of the development shall show cause why such maintenance by the municipality shall not, at the discretion of the governing body, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain the same in reasonable condition, the Borough may, in its discretion, continue to maintain said parking, recreational, utility, stormwater management facilities and essential service facilities for the benefit of the residents of the development and common open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the governing body in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Borough shall be assessed pro-rata against the properties within the development that have a right of enjoyment of the parking, recreational, utility, stormwater management facilities and essential service facilities for the benefit of the residents of the development and common 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 part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes.

It shall be the responsibility of said organization(s) to also maintain parking areas, driveways, aisles, sidewalks and accessways in good conditions, free of litter and refuse, potholes, cracked pavement, ice, snow or other seasonal hazards, etc. All lighting, bumpers, markings, signs, stormwater management facilities and landscaping shall be similarly kept in workable, safe and good condition. If the owner fails to undertake repairs after proper notification by the Construction Official, the governing body may authorize repairs to be made at the owner's expense if, in the governing body's opinion, conditions constitute a hazard to the safety and welfare of the municipality, residents and visitors.

All documents pertaining to any neighborhood association responsible for the maintenance of said off-street parking space, recreational, utility and essential service facilities and common space shall be subject to review by the Borough Attorney and Borough Engineer as to compliance and consistency with local ordinances and may be recorded as a covenant running with the land. The foregoing shall not apply with respect to organization(s) formed and owned by the developer with respect to the ownership, operation and maintenance of sewage collection and treatment facilities as provided herein.

§ 415-145 Affordable housing requirements.

The following affordable housing requirements shall apply:

Affordable units shall be built on site.

Affordable units shall comply with the Fair Housing Act and the Uniform Housing Affordability Controls and shall be deed restricted for a minimum of 30 years.

The developer/property owner shall be responsible for retaining a qualified Administrative Agent to manage their affordable housing units.

§ 415-148 Purpose.

The purpose is to establish an affordable housing zone to permit the construction of a comprehensive, coordinated development of land for multifamily housing that would provide affordable housing that acts as an appropriate transition between single-family homes, industrial uses and a cemetery.

§ 415-149 Permitted uses.

Development options. Within the R-AH-2 District there are two development options:

For-sale residential development. An inclusionary housing development at a maximum density of 12.5 units per acre with a 20% affordable housing set-aside.

Rental residential development. An inclusionary housing development at a maximum density of 15 units per acre with a 20% affordable housing set-aside.

Principal permitted uses. The following for-sale or rental principal uses are permitted:

Multifamily dwellings.

Townhouse dwellings.

Utilities and essential services.

Prohibited uses. Any use not listed as permitted is prohibited.

§ 415-150 Accessory uses.

Accessory permitted uses shall be as follows:

Signs.

Noncommercial swimming pools, tennis courts and other indoor or outdoor recreation facilities.

Private garages and off-street parking for private vehicles.

Garages under or incorporated into the building design.

§ 415-151 Area, bulk and yard requirements.

Area, bulk and yard requirements shall be as follows:

Minimums	Townhouse	Multifamily	Stacked Townhouse
Tract size	5 Acres	5 Acres	5 Acres
Tract frontage	200 Feet	200 Feet	200 Feet
Tract setback*	40 Feet	40 Feet	40 Feet
Lot size	2,500 Square Feet	—	—
Lot width	25 Feet	—	—
Lot depth	100 Feet	—	—
Building wall front-to-front setback	60 Feet	75 Feet	75 Feet
Building wall side-to-side setback	30 Feet	35 Feet	35 Feet
Building wall rear-to-rear setback	60 Feet	60 Feet	60 Feet
Building wall side-to-rear or side-to-front setback	45 Feet	40 Feet	40 Feet

Maximums	Townhouse	Multifamily	Stacked Townhouse
Building coverage	50%	65%	65%
Impervious coverage	70%	80%	80%
Building length	180 Feet	200 Feet	200 Feet
Number of units per building	7	—	—
Height in feet	35	45	45
Height in stories	2.5	3	3

*	This setback prohibits the construction of any buildings and/or parking lots within 40 feet of the entire tract perimeter. See § 415-156A(1) for additional parameters.

Accessory buildings:

Minimum distance setback from principal buildings: 40 feet.

Maximum height: 15 feet.

§ 415-152 Lighting standards.

The following lighting standards shall apply:

Low-pressure sodium or mercury vapor lighting is prohibited.

Parking lot lighting shall be no more than 20 feet in height.

A minimum average of 0.5 footcandle shall be maintained within the parking lot and over all pedestrian walkways.

Parking lot fixtures shall be full cutoff.

Footcandles at the property line shall not exceed one footcandle, except where there are entrance/exit driveways.

§ 415-153 Off-street parking.

Off-street parking shall be provided as required by RSIS. There shall be no parking of any vehicle along roadways. Parking spaces shall measure nine feet wide by 18 feet long.

§ 415-154 Circulation requirements.

Roadway widths shall be in accordance with the RSIS.

Minimum driveway width, one-way: 12 feet.

Minimum driveway width, two-way: 22 feet.

Construction of pavement and pavement materials shall conform to the RSIS and NJDOT Standard Specification for Road and Bridge Construction, current editions.

§ 415-155 Utility improvements and services.

Utility improvements and services for the R-AH-2 District.

Water facilities.

The site shall be connected to a municipal water system.

Sanitary sewerage system.

Drainage and stormwater management.

Refuse pickup and recycling areas shall be provided and shall be located for the convenience of the residents of the developments and shall be screened and fully enclosed.

§ 415-156 Landscape standards.

The following landscape standards shall apply:

Tract buffer: where existing adjacent parcels contain single-family detached homes.

Where the tract abuts existing adjacent single-family homes located on Boyle Avenue and Murphy Court, a minimum fifty-foot-wide natural landscaped buffer shall be provided. Within this buffer area no existing tree shall be cut or removed unless the tree is diseased or dead. This shall supersede the forty-foot tract setback provision. Therefore, no building or parking lot shall be within 50 feet of a property line that abuts an existing single-family detached home located on Boyle Avenue and Murphy Court.

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees and shrubs to provide a natural looking buffer while providing a visual screen.

The existing trees within the buffer area shall be supplemented by shade and evergreen trees and shrubs as follows to provide a year-round screen:

One shade tree for every 50 linear feet of buffer;

Two evergreen trees for every 25 linear feet of buffer; and

Fifteen shrubs for every 50 linear feet of buffer.

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

Buffer plants shall be the following size at the time of planting:

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 to 14 feet in height, balled and burlapped.

Evergreen trees shall be planted at a minimum height of seven feet, balled and burlapped.

Shrubs shall be planted at a minimum of 36 inches in height. All shrubs shall be evergreen.

No more than 25% of the plantings shall be of the same species and/or variety of plant.

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

Tract buffer: all other adjacent uses.

A minimum twenty-foot-wide landscaped buffer shall be provided. Within this buffer area no existing tree shall be cut or removed unless the tree is diseased or dead.

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees and shrubs to provide a natural looking buffer while providing a visual screen.

Buffer plantings shall be a mixed planting and shall include the following:

One shade tree for every 50 linear feet of buffer;

One evergreen tree for every 30 linear feet of buffer;

Ten shrubs for every 50 linear feet of buffer.

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

Buffer plants shall be the following size at the time of planting:

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 to 14 feet in height, balled and burlapped.

Evergreen trees shall be planted at a minimum height of seven feet, balled and burlapped.

Shrubs shall be planted at a minimum of 36 inches in height. Fifty percent of shrubs shall be evergreen.

No more than 25% of the plantings shall be of the same species and/or variety of plant.

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

Street trees.

Street trees shall be provided along all contiguous public streets, 40 feet on center. The following species are permitted:

Regent Scholar.

Chinese Elm.

October Glory Maple.

Rosehill Ash.

Katsure tree.

Maidenhair tree.

Shademaster Locust.

Coffeetree.

Greenspire Linden.

Village Green Zelkova.

Patmore Ash.

Red Sunset Maple.

Trees shall be a minimum of three inches caliper.

Branching height should bear a relationship to the size and species of the tree, but shall have a minimum clearance height of seven feet above grade before branching begins.

No more than 33% of the street trees shall be of the same species and/or variety.

Parking lot landscaping.

For every 20 surface parking spaces there shall be one landscape area that is at least 162 square feet.

The landscape area shall contain trees and/or shrubs.

Trees shall be a minimum of three inches caliper and shrubs shall be at least 24 inches tall.

§ 415-157 Design standards.

Building facades visible from a public street shall consist of brick, stone, cast stone or other high-quality material.

Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as balconies, canopies and recesses shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

The maximum spacing between building wall offsets shall be 30 feet.

The minimum projection or depth of any individual vertical offset shall not be less than 1.5 feet.

The maximum spacing between roof offsets shall be 40 feet.

Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.

All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.

Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devise shall be screened or otherwise specially treated to be, as much as possible, inconspicuous as viewed from the public right-of-way and adjacent properties.

Trash enclosures.

Trash enclosures shall not be visible from any public street and shall be located to the rear or side of the building.

All trash enclosures shall be screened by a solid masonry wall on three sides and heavy-duty gate closures on the fourth side.

The trash enclosure shall be surrounded by a mixture of deciduous and evergreen plant species.

Utilities. All utilities shall be underground.

Signage standards. The following types of signage are permitted:

Monument signs.

One monument sign shall be permitted to identify the residential development.

The total area of the monument sign face shall be limited to 40 square feet.

The height of the sign shall not exceed a height of five feet above the grade.

Monument signs shall be set back a minimum of 10 feet from any property line.

A double-faced sign shall be counted as one sign.

Monument signs may be illuminated by shielded floodlights only.

Street address signs.

Street address signage is required on each building or individual unit.

Numbers shall be a maximum of 1.5 feet in height.

§ 415-158 Ownership and maintenance.

§ 415-159 Affordable housing requirements.

The following affordable housing requirements shall apply:

Affordable units shall be built on site.

Affordable units shall comply with the Fair Housing Act[1] and the Uniform Housing Affordability Controls and shall be deed restricted for a minimum of 30 years.

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

The developer/property owner shall be responsible for retaining a qualified administrative agent to manage their affordable housing units.

§ 415-160 MFR Multifamily Residential Overlay District.

[Added 4-24-2018 by Ord. No. 09-2018]

MFR: Multifamily Residential Overlay District is to include Block 176, Lot 2, Block 133, Lots 2 and 2.01 as shown the Official Tax Map of the Borough of Totowa.

Permitted uses.

Development options. Within the MFR Overlay District there are two development options:

For-sale residential development. An inclusionary housing development at a maximum density of 15 units per acre with a 20% affordable housing set-aside.

Rental residential development. An inclusionary housing development at a maximum density of 20 units per acre with a 20% affordable housing set-aside.

Principal permitted uses. The following for-sale or rental principal uses are permitted:

Multifamily dwellings.

Utilities and essential services.

Prohibited uses. Any use not listed as permitted is prohibited.

Accessory uses. Accessory permitted uses shall be as follows:

Signs.

Noncommercial swimming pools, tennis courts and other indoor or outdoor recreation facilities.

Private garages and off-street parking for private vehicles.

Garages under or incorporated into the building design.

Area, bulk and yard requirements. Area, bulk and yard requirements shall be as follows:

Minimums
Tract size	4 acres
Tract frontage	200 feet
Tract setback*	15 feet
Building wall front-to-front setback	75 feet
Building wall side-to-side setback	35 feet
Building wall rear-to-rear setback	60 feet
Building wall side-to-rear or side-to-front setback	40 feet
Maximums
Building coverage	65%
Impervious coverage	80%
Building length	200 feet
Height in feet	52 feet
Height in stories	4

NOTES:
*	This setback prohibits the construction of any buildings and/or parking lots within 15 feet of the entire tract perimeter.

Site standards. Development within the MFR Overlay District shall comply with the site standards in §§ 415-138 through 415-141 as well as those in §§ 415-143 and 415-144 of Chapter 415 entitled "Zoning and Land Use."

Landscape standards. The following landscape standards shall apply:

Tract buffer.

A minimum fifteen-foot-wide landscaped buffer shall be provided. Within this buffer area no existing tree shall be cut or removed unless the tree is diseased or dead, or unless its removal is required for utilities or access.

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees and shrubs to provide a natural looking buffer while providing a visual screen.

Buffer plantings shall be a mixed planting and shall include, at a minimum, the following:

One evergreen tree for every 30 linear feet of buffer;

Ten shrubs for every 50 linear feet of buffer.

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

Buffer plants shall be the following size at the time of planting:

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 feet to 14 feet in height, balled and burlapped.

Evergreen trees shall be planted at a minimum height of seven feet, balled and burlapped.

Shrubs shall be planted at a minimum of 36 inches in height. Fifty percent of shrubs shall be evergreen.

Shade trees shall be deciduous trees that mature to a height of 50 or greater. Evergreen trees shall mature to a height of 40 or more feet and have a mature width of over 10 feet. Should narrower varieties of evergreens be proposed for buffer plantings, additional plants shall be required to achieve a visual screen.

No more than 25% of the plantings shall be of the same species and/or variety of plant.

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

Street trees.

Street trees shall be provided along all contiguous public streets, 50 feet on center. The following species are permitted:

Regent Scholar.

Chinese Elm.

October Glory Maple.

Rosehill Ash.

Katsure tree.

Maidenhair tree.

Shademaster Locust.

Coffee tree.

Greenspire Linden.

Village Green Zelkova.

[11]

Patmore Ash.

[12]

Red Sunset Maple.

Trees shall be a minimum of three inches caliper.

Branching height should bear a relationship to the size and species of the tree, but shall have a minimum clearance height of seven feet above grade before branching begins.

No more than 33% of the street trees shall be of the same species and/or variety.

Parking lot landscaping.

For every 25 surface parking spaces there shall be one landscape area that is at least 162 square feet.

The landscape area shall contain trees and/or shrubs.

Trees shall be a minimum of three inches caliper and shrubs shall be at least 24 inches tall.

Affordable housing requirements. The following affordable housing requirements shall apply:

Affordable units shall be built on site.

Affordable units shall comply with the Fair Housing Act and the Uniform Housing Affordability Controls and shall be deed-restricted for a minimum of 30 years.

A minimum of 15% of the residential units shall be reserved for affordable households if the tenure is rental. A minimum of 20% of the residential units shall be reserved for affordable households if the tenure is sale. If the required number of affordable units results in a fraction, the developer shall either round up and provide the additional unit or pay the fractional difference as a payment-in-lieu to the Borough's affordable housing trust fund. The payment-in-lieu for 2018 is $150,000. The payment increases by 3% each year.

A minimum of 13% of the affordable units shall be affordable to very-low-income households.

The phasing schedule contained in § 415-145F. shall be followed for inclusionary development.

The developer/property owner shall be responsible for retaining a qualified Administrative Agent, subject to the review and approval of the Borough.

§ 415-165 E-R Education and Recreation District.

Uses in the E-R District shall be limited to public education facilities, open space and public parks and recreation facilities.

§ 415-166 M-C Municipal Complex District.

Uses in the M-C District shall include municipal governmental services and other related public services and facilities.

§ 415-167 B-2 Local Business District.

The following principal uses are allowed by right in B-2 District:

Retail stores, markets and shops for the conduct of any retail business. Accessory processing and storage is permitted, provided that no more than two persons are employed full time in such processing and storage.

Service establishments; laundry and dry-cleaning establishments where the dry cleaning or laundry is done on the premises but not to employ over 10 person, owners excluded. The establishment is to be housed in a fully enclosed structure.

Business, professional and governmental offices.

Banks and other financial institutions.

Music schools, dance studios, martial arts and other similar instructional facilities for group or individual instruction.

(Reserved)[1]

Editor’s Note: Former Subsection A(6), which permitted completely enclosed automobile sales rooms, was repealed 3-22-2011 by Ord. No. 04-2011 and 6-10-2014 by Ord. No. 09-2014.

(Reserved)[2]

Editor’s Note: Former Subsection A(7), which permitted automotive storage and parking lots, was repealed 3-22-2011 by Ord. No. 04-2011 and 6-10-2014 by Ord. No. 09-2014.

Mortuary and funeral homes.

(Reserved)[3]

Editor's Note: Former Subsection A(9), regarding churches, schools, hospitals and libraries, was repealed 6-10-2014 by Ord. No. 09-2014.

Specialty food services.

The following use is allowed by right, subject to additional conditions:

Filling stations and public garages subject to § 415-187.

Outdoor dining areas complying with Chapter 275, Outdoor Dining.

[Added 10-26-2010 by Ord. No. 12-2010]

Multiple-family mixed-use development, subject to the following conditions:

[Added 4-24-2018 by Ord. No. 10-2018]

The minimum lot size shall be 20,000 square feet.

The maximum residential density shall be 20 units per acre.

The parcel shall have frontage on Union Boulevard.

The first floor shall contain permitted B-2 District principal uses.

The second and third floor may contain multiple-family uses.

Parking shall be provided for the residential units in accordance with residential site improvement standards. All required parking shall be provided on-site.

Where the property abuts an existing single- or two-family home a solid screen comprised of either a six-foot-tall fence or evergreen shrubs six feet in height shall be installed.

No dumpster or trash facilities shall be located within 15 feet of a property line shared with an existing single- or two-family home.

All affordable units shall be deed-restricted for a minimum of 30 years and comply with the Fair Housing Act, the Uniform Housing Affordability Controls and provide a 13% very-low-income set-aside. The developer shall be responsible for retaining a qualified Administrative Agent, subject to the review and approval of the Borough.

The following bulk standards are required, but shall be treated as "c" bulk variances:

The minimum lot width shall be 50 feet.

The minimum side yard setback shall be eight feet.

The minimum rear yard setback shall be 50 feet.

The minimum setback on any property line shared with an existing single- or two-family home shall be 50 feet.

The maximum coverage shall be 50%.

[6]

The maximum height shall be three stories or 35 feet.

The following accessory uses are allowed:

Business signs complying with § 415-107B.

Parking complying with § 415-103.

Hours of operation.

[Added 6-25-2013 by Ord. No. 08-2013]

Permitted hours of operation shall be between the hours of 5:00 a.m. and 12:00 midnight.

Exempt from this regulation are restaurants and liquor and bar establishments.

§ 415-168 B-3 Highway Business District.

The following uses are allowed by right in the B-3 District:

All uses permitted in the B-2 Local Business District.

Animal hospitals and clinics.

Wholesale outlets.

Processing and assembly, if carried on as an accessory to one of the permitted uses.

Motels.

Restaurants.

Churches (including the parish house), schools, hospitals and libraries.

[Added 6-10-2014 by Ord. No. 09-2014]

The following uses are allowed by right, subject to additional conditions:

Filling stations and public garages complying with § 415-187.

Designed shopping centers complying with § 415-188.

Automotive sales establishments, complying with § 415-186.

Outdoor dining areas complying with Chapter 275, Outdoor Dining.

[Added 10-26-2010 by Ord. No. 12-2010]

Massage establishments complying with Chapter 250, Massage Establishments.

[Added 10-26-2010 by Ord. No. 12-2010]

The following accessory uses are allowed:

Business signs complying with § 415-107B.

Parking complying with § 415-103.

Hours of operation.

[Added 6-25-2013 by Ord. No. 08-2013]

Permitted hours of operation shall be between the hours of 5:00 a.m. and 12:00 midnight.

Exempt from this regulation are restaurants and liquor and bar establishments.

§ 415-168.1 B-4 Borough Business District.

[Added 5-28-2013 by Ord. No. 07-2013; amended 10-13-2015 by Ord. No. 17-2015]

The following principal uses are allowed by right in a B-4 District:

Corporate, professional and governmental offices.

Medical and dental facilities.

Banks and other financial institutions, drive-through facilities are permitted to the side or the rear of the building only.

Post office.

Restaurants.

Retail on the ground floor only, limited to the following uses:

Florists.

Medical device and supplies.

Book and stationery stores.

Jewelry stores.

Office supply stores.

Antiques and gift shops.

Bakery.

The following accessory uses are allowed:

Business signs complying with § 415-107B.

Parking complying with § 415-103.

Off-street parking is not permitted within the front yard setback.

Off-street parking shall not be visible from Union Boulevard.

The following conditional uses are allowed:

Outdoor dining areas complying with Chapter 275, Outdoor Dining.

The following prohibited uses:

Twenty-four-hour-a-day operations.

Individual retail tenants over 2,000 square feet.

Drive-through facilities associated with restaurants or retail stores.

The following are the hours of operation:

Permitted hours of operation shall be between the hours of 5:00 a.m. and 12:00 midnight.

Exempt from this regulation are restaurants.

§ 415-168.2 B-5 Professional Business District.

[Added 5-28-2013 by Ord. No. 07-2013]

The following principal uses are allowed by right in a B-5 District:

Professional and governmental offices.

The following accessory uses are allowed:

Business signs complying with § 415-107B.

Parking complying with § 415-103.

§ 415-168.3 B-6 Restricted Commercial District.

[Added 8-27-2013 by Ord. No. 11-2013]

The following principal uses are allowed by right in a B-6 District; only the following retail services, commercial uses shall be permitted. All other uses are expressly prohibited.

Professional offices.

Banks and other financial institutions.

Antiques and gift shops.

Barber and beauty shops.

Book and stationery stores.

Art galleries.

Finance and loan companies.

Florist shops.

Photograph studios.

Shoe repair shops.

Tailors and dressmakers.

Jewelers.

The following accessory uses are allowed:

Business signs complying with § 415-107B.

BUFFER EASEMENT, CONSERVATION

Parking complying with § 415-103.

§ 415-169 Purpose.

The purpose of the CO Overlay Zone is to establish rules, regulations, standards and procedures designed to promote the integrated and logical development of the area designated as Block 154, Lot 19 and Block 154.01, Lot 1 on the Borough's Official Tax Map.

§ 415-170 Definitions.

As used in this article, the following terms shall have the meanings indicated:

Land that is to remain undisturbed and in its natural state.

BUFFER, LANDSCAPE

Land that shall be landscaped with plants, trees, shrubs and grass as required by the Planning Board.

BUFFER STRIP

Open spaces, landscaped area, fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances.

FLOOR AREA RATIO (FAR)

The sum of the area of all floors of buildings or structures compared to the total area of the site.

PHASED DEVELOPMENT

Development undertaken in a logical time and geographical sequence.

SURFACE, IMPERVIOUS

Any structure or other material that prevents the absorption of stormwater into the ground.

SURFACE, PERVIOUS

Any material that permits full or partial absorption of stormwater into previously unimproved land.

§ 415-171 Permitted uses.

Only the following uses will be permitted in the CO Zone:

Corporate headquarters.

Professional or business office, including medical or dental facilities.

Executive and administrative offices.

Research and development, experimenting and testing for scientific laboratories.

Hotels.

§ 415-172 Accessory uses.

The following uses will be permitted as accessory to the permitted uses listed above:

Parking structures used only for and in conjunction with permitted uses in the zone.

§ 415-173 Bulk regulations.

Maximum floor area ratio (FAR): 0.25 (bonus FAR of 0.10 is permitted pursuant to the Development Fee Ordinance).

Minimum lot area: 10 acres.

Minimum lot frontage: 200 feet.

Minimum lot width: 500 feet.

Minimum lot depth: 600 feet.

Maximum building coverage: 25%.

Maximum impervious coverage: 50%.

Minimum front yard: 100 feet.

Minimum rear yard: 100 feet (inclusive of conservation and landscape buffers and buffer strips).

Minimum one side yard: 50 feet.

Minimum total side yards: 100 feet.

Maximum height: 40 feet or three stories.

§ 415-174 Minimum internal building spacing requirements.

There shall be a minimum distance of 50 feet between principal buildings.

§ 415-175 Design criteria.

Interior roads.

If any land located in the CO Zone is subdivided and developed on a parcel-by-parcel basis or developed in a phased development, lots should be arranged so as to make it possible to provide an internal street system that allows for the logical development of the remainder of the site.

Each lot should have frontage on an interior access roadway system, which has access to Minnisink Road.

All roadways shall be paved, bounded by permanent curbing and constructed in accordance with applicable provisions of the Borough Code.

Internal private roadways shall be at least 24 feet in width for two-way traffic and 16 feet in width for one-way traffic and shall not enter a public street within 100 feet of an intersection. Parking on internal roadways shall be prohibited.

Street intersections shall be at right angles with other roadways or within acceptable intersection design standards approved by the New Jersey Department of Transportation (NJDOT).

Grades of arterial and collector streets shall not exceed 10%. Grades on other street shall not exceed 12%. No street shall have a minimum grade of less than 1% or as approved by the Planning Board.

Street jogs with center-line offsets of less than 125 feet shall be prohibited.

A tangent at least 100 feet long shall be introduced between reverse curves on arterial or collector streets.

All changes in grade shall be connected by vertical curves and shall provide a smooth transition and proper sight distance.

Sidewalks.

Pedestrian sidewalks and amenities shall be provided in such locations, including entrances, exits and activity nodes where normal pedestrian traffic will occur.

Hand-surfaced sidewalks at least five feet in width shall be provided in such locations to ensure convenient pedestrian traffic, as required by the Planning Board.

§ 415-176 Open space and landscaping requirements.

No less than 25% of the site shall be maintained as open space green area. The open space area shall consist of pervious surfaces left in its natural state when possible or in the alternative they are to be landscaped with plants, trees, shrubs and grass as required by the Planning Board.

A buffer strip consisting of a combination of grass and shrubs/trees, with a minimum width of 25 feet, shall be provided along all public streets and a buffer strip of a minimum width of 10 feet shall be provided along all private streets. This is necessary to assure pedestrian and vehicular safety by separating the off-street parking area from the vehicular and pedestrian traffic in the public right-of-way.

All public street edges must be landscaped with a minimum of street trees of four inches caliper every 50 feet.

The landscaped portion of the CO Zone not used for structures, roadways, loading accessways, parking, or pedestrian walks shall be landscaped with grass, trees, and shrubs, as designed by a qualified landscape architect.

Any buffer strip required by the section may be provided within the setback requirement as set forth in any other section of this article.

If the property is developed in its entirety, there shall be a minimum buffer strip of 100 feet provided for the entire site around the perimeter of the property.

Any portion of land located within the CO Zone that has environmental constraints, specifically wetlands or steep slopes, shall be excluded from any development and shall not be utilized in calculating the maximum FAR or minimum lot area. Lands exhibiting any one or more of these characteristics shall abide by the following requirements:

There shall be a minimum fifty-foot conservation buffer easement from any wetland area. These areas are to remain undisturbed and in their natural state.

There shall be a twenty-five-foot conservation buffer easement from any area containing steep slopes of 20% or more. These areas are to remain undisturbed and in the natural state.

There shall be a minimum fifty-foot landscape buffer easement from any residential district. These areas are to be landscaped with plants, trees, shrubs and grass as required by the Planning Board.

§ 415-177 Off-street parking requirements.

In conjunction with any principal building erected or any use of land established, there shall be provided on the same lot sufficient parking spaces to meet the minimum standards specified in § 415-103D.

The development plan shall show the total number of off-street parking spaces required for the use or combination of uses indicated in the application. Where shared parking for use with different peak parking demands results in a documented need for fewer spaces than the sum of the individual requirements, the Board may allow the construction of the lesser number of spaces, provided that the site plan shows the reserved space for the required number. The applicant shall provide expert testimony documenting the need for shared parking.

All parking areas shall be paved and shall be suitably drained and maintained in good condition, all spaces and directional instructions shall be clearly marked and maintained so as to be clearly visible.

No change in use within a building shall be allowed unless it can be shown that sufficient parking is available for the new use on site.

For each use, handicapped parking shall be required in accordance with the most current Barrier-Free Design Regulations of the State of New Jersey.

Parking lot pavement shall consist of one of the following, to be measured at a compacted depth:

Three-inch bituminous stabilized base with 1 1/2 inch FABC.

Other as approved by the approving agency.

Size of parking spaces; aisle width.

In general, angled parking spaces shall be 10 feet wide by 18 feet long, and parallel parking spaces shall be eight feet wide by 21 feet long. Where long-term parking is proposed for uses such as office uses, ninety degree stall widths may be reduced to nine feet.

The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements specified below. Only one-way traffic shall be permitted in aisles serving single-row parking spaces placed at an angle other than 90°.

	Parking Angle (degrees)	Aisle Width (feet)
	35	12
	45	13
	60	18
	90	24

Parking areas adjacent to residential districts shall be properly screened as required by the Planning Board.

Parking structures shall be no more than two levels and 30 feet in height. The floor area of any parking structure shall not be included in the calculation of the maximum FAR.

Access to off-street or parking structures shall not be through entrances directly abutting streets, but shall be connected to streets by means of access driveways situated between the parking areas and adjacent streets, not less than 15 feet long. Access shall not block pedestrian flow.

No parking area shall be located in any required front yard or any required buffer area.

No parking area shall be located closer than 25 feet from any property line.

Handicapped parking and handicapped-access to all pedestrian areas shall be provided as required by state standards.

§ 415-178 Off-street loading requirements.

Off-street loading and unloading facilities shall be provided for each nonresidential establishment, such that service and delivery vehicles will not interfere with ingress, egress, parking of other vehicles or fire zones.

No loading or delivery area will be permitted on any street frontage.

All loading areas shall be paved using the same construction specifications as for parking areas.

§ 415-179 Outside storage.

Any item stored overnight, including but not limited to materials, trucks and/or equipment, shall be kept in a completely enclosed building or shall otherwise be screened by such walls, fences and landscaping as may be determined by the Planning Board to be adequate to appropriately screen such materials and equipment from outside the boundaries of the lot.

§ 415-180 Utilities.

All utilities shall be located beneath the surface of the ground.

§ 415-181 Lighting.

Site lighting shall conform to the requirements of § 415-100.

§ 415-182 Signs.

Signs shall conform to the requirements of § 415-107B.

§ 415-183 I-1 Restricted Industry District.

Permitted uses are as follows:

Research laboratories, business offices and offices accessory to an industrial use.

Animal hospitals.

Manufacture by processing, distillation, fabrication, assembly or other handling of products, provided that it meets the performance standards of § 415-105.

Agriculture, horticulture, nurseries and other similar uses.[1]

Editor's Note: Former § 141-78A(5), Health and educational institutions, which immediately followed this subsection, was repealed 9-12-2006 by Ord. No. 11-2006.

Warehouses, except the storage of highly combustible materials and explosive materials is prohibited.

[Added 1-28-1997 by Ord. No. 2-97]

Accessory uses and buildings.

§ 415-184 I-2 Restricted Industry District.

Permitted uses are as follows:

Uses permitted in the I-1 District.

Warehousing, except that the storage of highly combustible matter and explosive matter is prohibited.

Waste disposal treatment facilities operated as public utilities by the Borough of Totowa, there being specifically excluded commercial disposal and incineration plants.

§ 415-185 I-3 Restricted Industry District.

Permitted uses are as follows:

Uses permitted in the I-1 District.

Uses permitted in the I-2 District.

§ 415-186 Automobile sales.

Automobile sales shall be permitted subject to the following additional conditions:

Their primary function is the sale at retail of new automobiles. Sale of used automobiles, automobile accessories, oil, grease, antifreeze, tires and batteries, but no gasoline, shall be allowed as an accessory use only.

No storage or display of automobiles for sale shall be permitted within the area or areas used to fulfill the requirements for off-street parking.

Parking, storage or display of automobiles shall be prohibited within the required minimum front yard.

Automobiles being serviced, displayed or stored shall not be parked on streets, alleys, public sidewalks, public park strips or other public property.

§ 415-187 Filling stations and garages.

Filling stations and garages shall be permitted subject to the following additional conditions:

The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on any required yard area.

No fuel pumps shall be located within 20 feet of any side lot line or within 35 feet of any street line.

All repair work, servicing, etc., shall be done within a completely enclosed building.

All automobile parts, dismantled vehicles and similar articles shall be stored within a completely enclosed building.

Under no circumstances shall a permit be issued for the erection or enlargement of a garage for more than three motor vehicles or for a motor vehicle service station or a gas filling station or for the conversion of any premises not so used for such purposes in any zone in which permitted, if any part of the lot or premises is situated within a radius of 1,000 feet of the property line of:

A public school or a duly organized school other than a public school conducted for children.

A hospital maintaining at least 15 beds for patients.

A church with a seating capacity for 100 persons or more.

Any place of public assemblage with a seating capacity of 100 persons or more.

A public library.

Any public playground or athletic field.

Any garage or gasoline filling station now existing in the Borough of Totowa.

Permitted hours of operation shall be between the hours of 5:00 a.m. and 12:00 a.m

[Added 6-14-2011 by Ord. No. 07-2011]

§ 415-188 Shopping centers.

Shopping centers shall be permitted subject to the following additional conditions:

Within any shopping center, the following uses are specifically prohibited:

All uses which are objectionable by reason of odor, dust, smoke, noise, vibration or waterborne waste.

Auction marts, automobile service stations and garages, secondhand car sales, building and construction supply outlets, dwelling units (except for a caretaker or watchman), live poultry markets and wholesale or storage establishments.

Within any shopping center, the following area, height and bulk restrictions shall apply in addition to those listed in the area and bulk schedules and other parts of this chapter:

Yard requirements.

Minimum fifty-foot side yard abutting a residential zone.

Minimum fifty-foot rear yard, but not less than the rear yard requirement of the abutting residential zone.

Buffer. A twenty-foot buffer in accordance with § 415-92 shall be required abutting a residential zone.

§ 415-189 Public utility substations and pumping stations.

Public utility substations or pumping stations shall be permitted in all districts, upon a showing that such structure is essential to serve the immediate neighborhood, that it cannot be located in any other type of district, that it is housed in buildings that harmonize with the character of the neighborhood and that it has adequate fences and other safety devices, adequate screening and landscaping and meets all other standards of this chapter.

§ 415-190 Adult entertainment.

"Adult bookstore" being herein defined as a commercial establishment that, as one of its principal business purposes, offers for sale or rental books, magazines, photographs, newspapers, pictures or periodicals that exploit parts of the anatomy for sexually explicit purposes or in a sexually explicit manner; and "adult entertainment establishment" herein defined as any adult bookstore, novelty shop or any other business or commercial entity dealing predominantly with sexually explicit acts or material or sexually explicit dancing, including, but not by way of limitation, dancing commonly referred to as "go-go" dancing are permitted in all commercial and industrial districts subject to the following additional conditions:

One off-street parking space for every two persons based upon total maximum occupancy as determined by the Fire Official.

The lot on which the use exists shall not be closer than 500 feet to the lot line of any residential district.

The lot on which the use exists shall not be closer than 1,500 feet to the lot line of any house of worship, community center, funeral home, school, day-care center, public park, playground, playing field or ballfield.

The lot on which the use exists shall not be closer than 1,000 feet to any lot line of other adult bookstore or entertainment use.

In addition to the foregoing requirements, the adult bookstore and/or adult entertainment use shall conform to all of the regulations of the Borough, including but not limited to district lot and bulk regulations, parking regulations and signage requirements of said district.

Nothing contained herein shall permit obscene materials as the same are defined in N.J.S.A. 2C:34-2.

§ 415-190.1 Smoke shops.

[Added 5-13-2014 by Ord. No. 07-2014]

"Smoke Shops" being herein defined as a commercial establishment that, as one of its principle business purposes, offers for sale, tobacco, cigarettes, cigars, pipes, vapor cigarettes, hookah and all types of smoking apparatus are permitted in the B-3 Zone subject to the following additional conditions:

One off-street parking space for every two persons based upon total maximum occupancy as determined by the Fire Official.

The lot on which the use exists shall not be closer than 500 feet to the lot line of any residential district.

The lot on which the use exists shall not be closer than 1,000 feet to any lot line of other smoke shops.

In addition to the foregoing requirements, the smoke shop shall conform to all of the regulations of the Borough, including but not limited to district lot and bulk regulations, parking regulations and signage requirements of said district.

Smoking, inhaling and use of products shall be forbidden

Marijuana shall be forbidden. The operation of retail or wholesale marijuana establishments, which includes retail marijuana cultivation facilities, retail marijuana products manufacturing facilities and retail marijuana testing facilities; and the operation of retail marijuana social clubs and therefore, all activities related to the above-mentioned retail uses such as, but not limited, to processing, possession, extraction, manufacturing, transporting, storing, laboratory testing, labeling transporting, delivering, dispensing, transferring and distributing are expressly prohibited with the Borough of Totowa. This prohibition also applies to any land uses that sell or manufacture related paraphernalia.

[Added 9-25-2018 by Ord. No. 16-2018]

All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] shall be forbidden, but not the delivery of cannabis items and related supplies by a delivery service.

[Added 7-27-2021 by Ord. No. 03-2021]

Editor's Note: See N.J.S.A. 24:6I-33.

§ 415-191 Purpose; goals.

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

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

Require the location of towers in nonresidential zones;

Minimize the total number of towers throughout the community;

Require the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

Encourage users of towers and antennas to locate them, to the extent possible in areas where the adverse impact on the community is minimal;

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;

Enable the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;

Consider the public health and safety of communication towers, as appropriate; and

ALTERNATIVE TOWER STRUCTURE

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

In furtherance of these goals, the Borough of Totowa shall give due consideration to the Borough of Totowa's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.

§ 415-192 Definitions.

As used in this article, the following terms shall have the meanings set forth below:

Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long-distance providers, or the public switched telephone network.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT

When referring to a tower or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

PREEXISTING TOWERS and PREEXISTING ANTENNAS

Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this article, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, television, radio and similar communications purposes, including self-supporting lattice towers, guyed towers or monopole towers. The terms include radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative power structure and the like. The term includes the structure and any support thereto.

§ 415-193 Applicability.

New towers and antennas. All new towers and antennas in the Borough of Totowa shall be subject to these regulations, except as provided in Subsections B through D, inclusive.

Amateur radio station operators/receive only antennas. This article shall not govern any tower of the installation of any antenna that is under 50 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas. Application for towers under this section shall be received and approved by the Planning Board.

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of § 415-194F and G, absent any enlargement, structural modification, addition of any structures, addition of any users or addition of any type of uses.

AM array. For purposes of implementing this article, an AM array, consisting of one or more tower units and supporting ground system that 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 subject to the review of the Planning Board to ensure that the additional units do not violate any provisions in the Borough of Totowa's Zoning Code.

§ 415-194 General requirements.

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.

Lot size. For purposes of determining whether the installation of a tower or antenna complies with zone development 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 lot. The minimum lot size for new towers and antennas is 7,500 square feet.

Inventory of existing site. Each applicant for an antenna and/or tower shall provide the Borough Engineer an inventory of its existing towers, antennas or sites approved for the towers or antennas, as well as all sites where an application is pending, that are either within the jurisdiction of the Borough of Totowa or within five miles of the border thereof, including specific information about the location, height and design of each tower. The Borough Engineer may share such information with other applicants applying for administrative approvals or permits under this article or other organizations seeking to locate antennas within the jurisdiction of the Borough of Totowa; provided, however, that the Borough Engineer is not, by sharing such information, in any way representing or warranting that such are available or suitable.

Aesthetics. Towers and antennas shall meet the following requirements:

Towers shall maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color as to reduce the visual obtrusiveness. Monopoles may include a design commonly referred to as a "monopole tree" to provide camouflaging.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

Lighting. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least amount of disturbances to the surrounding views.

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within 120 days of the effective date of such standards and regulations unless a different compliance scheduled is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state local and appropriate industry building codes. If, upon inspection, the Borough of Totowa concludes that a tower or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower or antenna, the owner shall have 30 days to bring such tower or antenna into compliance with such standards. Failure to bring such tower or antenna into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough of Totowa, irrespective of municipal and county jurisdictional boundaries.

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities or private utilities unless mandated by federal or state law.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough of Totowa have been obtained and shall file a copy of all required franchises with the Borough Engineer.

Public notice and hearing. For purposes of this article, any conditional use request, variance request or appeal of an administrative approved use or conditional use shall require public notice in accordance with N.J.S.A. 40:55D-1 et seq.

Signs. No signs or advertisements shall be allowed on an antenna or tower.

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 415-197.

Multiple antenna/tower plan. The Borough of Totowa encourages the users of towers and antennas to submit a single application for approval of multiple sites shall be given priority in the review process.

Height. The maximum height of new towers shall be 150 feet in height.

§ 415-195 Permitted, conditional and prohibited uses.

Permitted uses. The following are specifically permitted: antennas or towers located on property owned, leased or otherwise controlled by the Borough of Totowa, provided that a license or lease authorizing such antenna or tower has been approved by the Borough of Totowa. The decision to extend such leases to an applicant shall be vested solely with the municipality and shall not be governed by this article. Towers are permitted in the CO Corporate Office District.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Conditional uses. The following are specifically permitted as conditional uses: a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, are permitted as conditional uses in the B-3 Business District and the I-1, I-2, and I-3 Restricted Industry Districts.

Prohibited uses. Towers and antennas are prohibited in any residential district and B-2 Local Business District, MC Municipal Complex, E-R Education and Recreation District and the R-SC Senior Citizen Housing District. No towers or antennas shall be permitted on any recreational facilities, parks, passive parks or areas set aside as green acre areas by the Borough of Totowa. No towers or antennas shall be permitted on any property in which a public or private school is located.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 415-196 Conditional use standards.

General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Planning Board:

Applications for conditional use permits under this section shall be subject to the applicable procedures and requirements of the Borough Code, except as modified in this article.

In granting a conditional use permit, the Planning Board may impose conditions to the extent the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

An applicant for a conditional use permit shall submit the information described in this section and a nonrefundable application fee and an escrow deposit as required by the Borough Code for conditional use applications.

Towers.

Information required. In addition to any information required for applications for conditional use permits pursuant to the applicable procedures and requirements of the Borough Code, applicants for a conditional use permit for a tower shall submit the following information:

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection B(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Borough Engineer to be necessary to assess compliance with this article.

Legal description of the entire tract and leased parcel (if applicable).

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplanted residentially zoned properties.

The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 415-194C shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s), if known.

A landscape plan showing specific landscape materials.

Method of fencing and finished color and, if applicable, the method of camouflage and illumination.

A description of compliance with § 415-194C through G, J and L and Subsection B(3) and (4) of this section and all applicable federal, state or local laws.

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use if the proposed new tower.

A description of the feasible locations of future towers or antennas within a two-mile radius surrounding the Borough of Totowa based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

A visual study of intent on whether excess space will be leased.

Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit applications pursuant to the Borough Code, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit:

Height of the proposed tower;

Proximity of the tower to residential district boundaries;

Nature of uses on adjacent and nearby properties;

Surrounding topography;

Surrounding tree coverage and foliage;

Design of the tower, with particular reference to design characteristics that have the effect of reducing or elimination visual obtrusiveness;

Proposed ingress and egress;

Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures as discussed in Subsection B(3) of this article.

Availability of proposed tower to other potential users.

Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of the following:

No existing towers or structures are located within the geographic area that meet applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structure would cause interference with the applicant's proposed antenna.

The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

The applicant demonstrates that all alternative technology that does not require the use of towers or structures, such as table microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required:

Towers must be set back a distance equal to at lease 100% of the height of the tower from any adjoining lot line.

All accessory buildings must satisfy the minimum zoning distance setback requirements.

No tower shall exist within required buffer areas if adjacent to residential zones and as prescribed under local ordinance.

Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required:

Separation from off-site uses/designated areas.

Tower separation shall be measured from the array line to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

Separation requirements for towers shall comply with the minimum standards established in Table 1.

	Table 1
	Off-Site Use/Designated Area	Separation Distance
	Residential, public parks, schools or house of worship	200 feet or 300% height of tower, whichever is greater, from lot line
	Vacant residentially zoned land	200 feet or 300% height of tower, whichever is greater, from lot line
	Nonresidentially zoned lands or nonresidential uses	None, only Zoning Code setbacks apply

Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base pursuant to a site plan of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

	Table 2 Existing Towers — Types
	Lattice	Guyed	Monopole 75 Feet in Height	Monopole Less Than 75 Feet in Height
Lattice	5,000	5,000	1,500	750
Guyed	5,000	5,000	1,500	750
Monopole 75 feet in height	1,500	1,500	1,500	750
Monopole less than 75 feet	750	750	750	750

Security fencing. Towers shall be enclosed by securing fencing not less than six feet nor more that eight feet in height and shall also be equipped with an appropriate anticlimbing device.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required:

Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the tower compound from the property used for residences of planned residences. The standard buffer shall consist of a double-staggered row of evergreens consisting of no less than seven feet nor more than 10 feet wide buffer to screen view of the facility.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

Access and parking. There must be a suitable ingress/egress to/from the tower facility and a minimum of two parking spaces.

Real estate values. As a criterion for approval, the Planning Board must find that the proposed tower facility will not have a substantial adverse impact on surrounding real estate values.

§ 415-197 Buildings or other equipment storage.

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures that are less than 40 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure.

If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.

Equipment storage buildings or cabinets shall comply with all applicable building codes.

Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with the antennas shall be located in accordance with the following:

In front or side yards, provided that the cabinet or structure is no greater than six feet in height or 100 square feet of gross floor area and the cabinet/structure is located a minimum of 75 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches.

In a rear yard, provided that the cabinet or structure is no greater that eight feet in height or 120 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches.

In all other instances, structures or cabinets shall be screened from view of all residential properties that abut or are directly across the street from the structure or cabinet by a solid fence six feet in height of an ever green hedge with an ultimate height of eight feet and a planted height of at least 72 inches.

Antennas located on towers. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

§ 415-198 Removal of abandoned antennas and towers.

Any antenna or tower that is not operated for a continuous period of nine months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Totowa notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. A permit to demolish or remove a tower or antenna will be required in accordance with all applicable Borough ordinances.

§ 415-199 Existing towers; rebuilding damaged or destroyed nonconforming towers or antennas.

Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval or a condition use permit and without having to meet the separation requirements specified in § 415-196. The type, height and location of the tower on the site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained with 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 415-197.

§ 415-200 Nonconforming lots.

Any lot or plat, recorded at the time of passage of this chapter, that fails to comply with the minimum area requirements of the Area and Bulk Schedule of this chapter[1] may be used for any use not otherwise prohibited in the zone district in which it lies, provided that it complies with all yard requirements.

Editor's Note: See §§ 415-203 through 415-205 of this chapter.

§ 415-201 Nonconforming buildings.

[Amended 2-14-2012 by Ord. No. 02-2012]

Any nonconforming structure existing at the time of the passage of this chapter which is conforming in use may be continued upon the lot or in the structure so occupied, and any structure may be restored or repaired in the event of destruction, provided that the restored structure is of no greater size than the original one and occupies no greater area than occupied by the original one and its use is not expanded and/or intensified in any way.

§ 415-202 Nonconforming uses.

The prior lawful use of any building or land made nonconforming by the adoption of this chapter may be continued although such use does not conform to the provisions of this chapter. However, such use shall not be:

Extended or enlarged in any way.

Changed to any other nonconforming use.

Whenever a nonconforming use has been intentionally discontinued for a period of one year, such use shall not thereafter be in conformity with the provisions of this chapter.

Once changed to a conforming use, no building or land shall revert to a nonconforming use.

§ 415-203 Area and Bulk Schedule for Residence Districts.

The Area and Bulk Schedule for Residence Districts is included at the end of this chapter.

§ 415-204 Area and Bulk Schedule for Business Districts.

The Area and Bulk Schedule for Business Districts is included at the end of this chapter.

§ 415-205 Area and Bulk Schedule for Industrial Districts.

The Area and Bulk Schedule for Industrial Districts is included at the end of this chapter.

§ 415-206 Interpretation and application; purposes.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals and general welfare. Among other purposes, such provisions are intended to provide for adequate light, air and convenience of access; to lessen congestion in the streets; to secure safety from fire and other danger; to avoid undue concentration of population by regulating and limiting the height and bulk of buildings wherever erected; to limit and determine the size of yards, courts and other open spaces; to regulate the density of population; all with reasonable consideration to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of property and encouraging the most appropriate use of land throughout the Borough of Totowa.

§ 415-207 Repealer; exception.

Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms of this chapter are hereby repealed to such extent as they are so in conflict or inconsistent; provided, however, that it is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by such other ordinances or such easements, covenants or other agreements, the provisions of this chapter shall control.

§ 415-208 Enforcing officer.

This chapter shall be enforced by the Zoning Officer who shall, in no case, except as otherwise provided by this chapter, issue any permit for the erection or structural alteration of any building nor grant any occupancy permit for any building or land where the proposed erection, structural alteration or use thereof would be in violation of any provisions of this chapter.

§ 415-209 Effect on previously issued permits.

Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a permit has heretofore been issued, or for which plans are on file with the Construction Code Official at the time of passage of this chapter, and for the erection of which a permit shall have been issued within one month from the passage of this chapter, and the construction of which, in either case, shall have been diligently prosecuted within three months of the date of such permit, and the ground-story framework of which, including second tier of beams, shall have been completed within six months of the date of such permit and which shall have been completed in its entirety, all according to such plans as have been filed within one year from the date of passage of this chapter.

§ 415-210 Certificate of occupancy for all districts.

A certificate of occupancy shall be obtained from the Construction Code Official for any of the following:

Occupancy and use of a building hereafter constructed, enlarged, relocated, reconstructed or altered.

A change in the use of an existing building or change of occupancy of a nonresidential building or part thereof.

Occupancy and use of vacant land or change in the use of land except for any use consisting primarily of tilling the soil.

Every application for a certificate of occupancy shall be accompanied by the required fee.

No such occupancy, use or change of use shall take place until a certificate of occupancy therefor has been issued by the Construction Code Official. No certificate of occupancy shall be issued unless the proposed occupancy is in full conformity with all the provisions of this chapter.

Every such application shall refer to the site plan approval and/or the building permit issued or, if none was required, shall set forth the additional data required in an application for a building permit.

A certificate of occupancy shall be required for both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect so long as such building and the use thereof or the use of such land is in full conformity with the provisions of this chapter and any requirements made pursuant thereto; however, on the serving of notice of any violation of any said provisions or requirements with respect to any building or use thereof of land, the certificate of occupancy for such use shall thereupon, without further action, be null and void, and a new certificate of occupancy shall be required for any further use of such building or land.

Duplicate copies of every certificate of occupancy issued thereafter shall be filed with the Borough Clerk and the Borough Assessor. A record of all certificates of occupancy shall be kept in the office of the Construction Code Official, and copies shall be furnished, on request, to the Planning Board or to any person having any legal interest in the building or land affected.

For all new or changed business or industrial occupancy, minor site plan approval by the Planning Board shall be required in accordance with § 415-65 prior to the issuance of a certificate of occupancy.

§ 415-211 Dwelling certificate.

[Added 1-28-1997 by Ord. No. 15-96]

Definitions. As used herein, the following words shall have the following meanings:

DWELLING CERTIFICATE

A certificate filed with the Zoning Officer of the Borough of Totowa, or his designee, certifying the occupants and location of a dwelling unit.

DWELLING INSPECTION

An inspection conducted to determine compliance with Chapter 186, Fire Protection, Chapter 221, Housing Standards, and this chapter.

DWELLING UNIT

As defined in this chapter, Part 1, General Provisions, Article II.

Dwelling certificates required; filing and contents. Every owner and/or tenant of a dwelling unit within the Borough of Totowa, owned, leased, rented or otherwise occupied shall file with the Zoning Officer of the Borough of Totowa, or his designee, a dwelling certificate on a form prescribed by the Borough of Totowa at the times set forth in this chapter. The owner and the tenant of the dwelling unit shall both certify as to the truthfulness of the information submitted.

Every owner and/or tenant shall file a dwelling certificate on or before September 1, 1998.

Every owner and/or tenant shall file a dwelling certificate not more than 60 days immediately prior to any change of occupancy or creation of the first occupancy in any newly constructed or reconstructed building.

Every owner and/or tenant shall file a dwelling certificate not more than 60 days immediately prior to any conveyance of title of a one- or two-unit dwelling unit.

Upon the written request of any owner of a dwelling unit, any tenant of said dwelling unit shall provide, to the landlord, the identities of all adult occupants and identities and ages of all children and shall, additionally, certify to the truthfulness of the information submitted by signing the dwelling certification; and in the event of the refusal of such tenant to provide such information and/or to certify to its truthfulness, the owner shall file the dwelling certificate with the Borough together with a written statement that the tenant refused to so comply.

Dwelling inspection required. Upon filing of a dwelling certificate, except in the case of a dwelling certificate filed pursuant to Subsection B(1) hereof, an inspection of the dwelling unit shall be required upon any change of occupancy, whether by change of ownership or as a result of a new lease, rental or other occupancy, unless the property owner had previously filed a dwelling certificate for the dwelling unit and a dwelling inspection was conducted within 11 months of the new occupancy and/or sale or where the dwelling unit is located within a multidwelling unit having more than two dwelling units and the owner shows proof of being registered with the State of New Jersey under the New Jersey Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.).

An inspection as a result of a change of ownership shall take place prior to the transfer of title to the new owner.

An inspection required as the result of a change of occupancy for a rental or lease may take place either prior to or subsequent to the change of occupancy, provided that a dwelling certificate has been filed with the Borough of Totowa setting forth the location of the dwelling unit and the identity of the new occupants.

The owner and/or tenant shall provide access to the premises, common areas, the basement and/or cellar and the attic at a time designated by the Zoning Officer of the Borough of Totowa, or his designee, in order to conduct the inspection required in accordance with this chapter.

Fees.

[Amended 2-28-2006 by Ord. No. 04-2006; 1-27-2009 by Ord. No. 02-2009]

The fee for the filing of a dwelling certificate shall be $25 per unit if no dwelling inspection is required.

The fee for a dwelling inspection shall be $75.

The fee for a smoke detector certificate as part of the dwelling inspection shall be $70.

The fee for a certificate of continued occupancy shall be $75 for a one-family dwelling and $150 for a two-family dwelling unit.

If the event that the owner and/or tenant does not provide access to the premises for any of the above inspections, there shall be an additional fee of $30 per unit in order for the Zoning Officer or his designee to return to the premises and conclude the inspection.

Compliance required. Commencing September 1, 1998, a transfer of title of any dwelling unit shall not take place unless a dwelling inspection has been conducted pursuant to the provisions of this chapter.

Tax search requests. The Tax Search Official of the Borough of Totowa shall provide to each person requesting a tax search from his office a statement calling attention to the provisions of this chapter.

Violations and penalties.

[Amended 9-24-2002 by Ord. No. 24-2002][1]

Any person, partnership, firm or corporation who shall violate any provision of this chapter shall, upon conviction, be punished by the penalty set forth in § 415-213, Violations and penalties.

The minimum penalty or fine for the violation of any of the provisions of this chapter shall be $100.

In addition to the foregoing fines or penalties, any person, partnership, firm or corporation violating any of the provisions of this chapter within one year of the date of a previous violation of the provisions of this chapter shall be subject to be sentenced to an additional fine as a repeat offender. The additional fine shall not be less than the minimum nor exceed the maximum fine as set forth above and shall be calculated separately from the fine imposed for a violation of the provisions of this chapter.

In addition, any person, partnership, firm or corporation who rents, leases or causes to be rented, leased or otherwise occupied any dwelling unit in violation of any provision of this chapter or Chapter 221, Housing Standards, and/or Chapter 415, Zoning and Land Use, or any other chapters of the Code of the Borough of Totowa which results in the displacement of tenants, shall be responsible for all relocation costs as set forth in N.J.S.A. 20:4-1 et seq.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

The imposition of a penalty for a violation of this chapter or any other chapter of the Code of the Borough of Totowa shall not excuse the violation, shall not prevent the enforced removal of any prohibited condition and each day the prohibited condition continues shall constitute a separate offense.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 415-212 Temporary certificates of occupancy.

[Added 2-13-2001 by Ord. No. 04-2001]

Upon the request of the holder of a permit, the Construction Official may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the permit shall have been completed, provided such portion or portions may be occupied safely prior to full completion of the building, structure and site work without endangering life or public welfare.

Temporary certificates of occupancy shall be issued for a period of 30 days and may be extended if in the opinion of the Construction Official or Borough Engineer that despite diligent effort or seasonal constraints, compliance cannot be accomplished within 30 days. Requests for extension shall be made in writing by the permit holder. The permit holder is limited to two requests for extension. At no time shall the extension exceed a total of 90 days.

The fee for a temporary certificate of occupancy shall be the same as that which is required for a certificate of occupancy.

Escrow money shall be posted with the Borough of Totowa in an amount equal to two times the value of the incomplete work. In no case shall the amount be less than $5,000. All monies will be returned upon completion of work and issuance of a certificate of occupancy. In the event that the permit holder fails to complete the outstanding work within the allotted time period, the permit holder shall forfeit the escrow money.

If, in the opinion of the Construction Official or Borough Engineer, diligent effort is not put forth to complete all required deficiencies within 30 days or the extended time period, a penalty of $250 per day shall be assessed until a certificate of occupancy is issued.

§ 415-213 Violations and penalties; relocation assistance.

It shall be unlawful to use or occupy any building, structure, lands or premises in violation of the terms of this chapter, and violations thereof shall be punishable as provided in Chapter 1, General Provisions, Article I, of the Borough Code. If, before favorable referral and final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board or Board of Adjustment is required to act, such person shall be subject to the penalty provisions contained in Article XIV of this chapter.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Any tenant who receives a notice of eviction pursuant to § 3 of P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.2) that results from zoning or code enforcement activity for an illegal occupancy as set forth in Paragraph (3) of Subdivision g of § 2 of P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.1) shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the displaced person. The owner of the structure shall be liable for the payment of relocation assistance pursuant to this section. In addition to being required to pay reimbursement for relocation assistance, an additional fine shall be paid by the owner of the structure for each illegal occupancy, up to an amount equal to six times the monthly rental paid by the displaced person.

Any person who sells any building, structure, dwelling unit, lands or premises prior to the issuance of a certificate of occupancy shall be subject to a fine of $5,000.[2]

[Added 2-13-2001 by Ord. No. 04-2001]

Editor's Note: Original Section 141-94, Civil action, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Totowa City Zoning Code

PART 4

Zoning

§ 415-120 Zoning districts.

[Amended 1-25-2005 by Ord. No. 02-2005; 1-25-2005 by Ord. No. 03-2005; 10-26-2010 by Ord. No. 12-2010; 5-28-2013 by Ord. No. 07-2013; 8-27-2013 by Ord. No. 11-2013; 10-13-2015 by Ord. No. 17-2015]

For the purpose of this chapter, the Borough of Totowa is hereby divided into 17 zone districts, known as:

R-40	Single-Family Residence District
R-20A	Single-Family Residence District
R-20	Single-Family Residence District
R-7	Single-Family Residence District
R-B	Two-Family Residence District
R-SC	Senior Citizen Housing District
R-AH	Affordable Housing District
AHD	Adult Housing District Overlay Zone
E-R	Education and Recreation
M-C	Municipal Complex
B-2	Local Business District
B-3	Highway Business District
B-4	Borough Business District
B-5	Professional Business District
B-6	Restricted Commercial District
CO	Corporate Office Overlay Zone
I-1	Restricted Industry District
I-2	Restricted Industry District
I-3	Restricted Industry District

§ 415-121 Zoning Map and schedules.

[Amended 7-14-2015 by Ord. No. 14-2015; 2-26-2019 by Ord. No. 02-2019]

§ 415-122 Interpretation of district boundaries.

Where a boundary line is shown as following a lot line, such lot line shall be construed to be said boundary.

Where a boundary line is shown as following a railroad line, such boundary shall be deemed to be the center line of said railroad line easement, right-of-way property, etc.

In case of doubt, said boundary line shall be determined by the Board of Adjustment, upon appeal.

§ 415-123 Conformance required.

Number of dwelling units.

[Amended 9-24-2002 by Ord. No. 24-2002]

No building shall hereafter be erected or altered to accommodate or house a greater number of families than that which is permitted by the zone in which it is located.

No home within the single-family zone shall be constructed or altered to create more than one dwelling unit.

In the R-B zone, only two dwelling units shall be permitted per building. Access to each dwelling unit shall be provided under separate entrances.

Room usage.

Basements in all zones shall be open and undivided except for utility rooms, laundry rooms and incidental storage rooms.

Kitchens.

[Amended 3-27-2007 by Ord. No. 07-2007; 7-9-2019 by Ord. No. 10-2019]

Kitchens shall only be allowed on the second floor of legal conforming two-family homes.

Kitchens, wet bars, sinks (other than a laundry sink adjacent to a washer or dryer) or cooking facilities shall not be permitted in any basement, cellar or lower level of any home.

Tubs, showers and any type of bathing facilities shall not be permitted in the basement, cellar or lower level of a two-family home.

[Amended 3-27-2007 by Ord. No. 07-2007; 7-9-2019 by Ord. No. 10-2019]

Only one electric and/or gas service, including metering devices, shall be allowed for each permitted dwelling unit.

[Added 9-24-2002 by Ord. No. 24-2002]

§ 415-124 Principal buildings.

§ 415-125 Frontage on public street.

§ 415-126 Lot width.

Lot width shall be measured at the required front yard setback line. Lot frontage may be reduced to no less than 75% of the lot width on irregularly shaped lots.

§ 415-127 Prohibited uses.

Those uses not specifically permitted in a zone district are prohibited.

§ 415-128 Right-of-way dedications.

Applications for development shall show a right-of-way dedication equal to 1/2 of the required right-of-way measured from the center line of the road along the entire frontage of the tract.

§ 415-129 Height exceptions.

§ 415-130 District boundary transition requirements.

Buffer requirements. Where a nonresidential use or zone abuts a residential zone, there shall be provided on the nonresidential lot a buffer in accordance with § 415-92.

§ 415-130.1 Affordable housing requirements.

[Added 11-13-2018 by Ord. No. 18-2018]

Purpose.

This section implements and incorporates the Housing Element and Fair Share Plan and addresses the requirements of N.J.A.C. 5:97, as it may be amended and supplemented.

Monitoring requirements.

On the first anniversary of the entry of the Order granting Totowa a Final Judgment of Compliance and Repose in IMO Application of the Borough of Totowa, Docket No.: PAS-L-2406-15, and every anniversary thereafter through the end of 2025, the Borough shall provide annual reporting of the status of all affordable housing activity within the Borough through posting on the municipal website, with copies provided to FSHC, DCA, COAH, or LGS or other entity designated by the State of New Jersey, using forms previously developed for this purpose by COAH or any other forms endorsed by the court-appointed Special Master and FSHC.

AFFORDABLE HOUSING DEVELOPMENT

Definitions. The following terms when used in this section shall have the meanings given herein:

ACT

The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).

ADAPTABLE

Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT

The entity designated by the Borough to administer affordable units in accordance with this section, N.J.A.C. 5:93, and UHAC (N.J.A.C. 5:80-26).

AFFIRMATIVE MARKETING

A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

AFFORDABILITY AVERAGE

The average percentage of median income at which new restricted units in an affordable housing development are affordable to low- and moderate-income households.

AFFORDABLE

AFFORDABLE HOUSING PROGRAM(S)

Any mechanism in a Municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.

AFFORDABLE UNIT

A housing unit proposed or created pursuant to the Act and approved for crediting by the court and/or funded through an affordable housing trust fund.

AGE-RESTRICTED UNIT

AGENCY

The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).

ALTERNATIVE LIVING ARRANGEMENTS

ASSISTED LIVING RESIDENCE

CERTIFIED HOUSEHOLD

A household that has been certified by an Administrative Agent as a low-income household or moderate-income household.

COAH

The Council on Affordable Housing, as established by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), or any successor agency charged with the administration of the Act.

COURT

The Superior Court of New Jersey, Law Division, Passaic County.

DCA

The State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

DEVELOPER

DEVELOPMENT

INCLUSIONARY DEVELOPMENT

LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 50% or less of the regional median household income by household size.

LOW-INCOME UNIT

A restricted unit that is affordable to a low-income household.

MAJOR SYSTEM

MARKET-RATE UNITS

Housing not restricted to low- and moderate-income households that may sell or rent at any price.

MEDIAN INCOME

The median income by household size for the applicable housing region, as adopted annually by COAH or a successor entity approved by the Court.

MODERATE-INCOME HOUSEHOLD

A household with a total gross annual household income in excess of 50% but less than 80% of the regional median household income by household size.

MODERATE-INCOME UNIT

A restricted unit that is affordable to a moderate-income household.

MULTIFAMILY UNIT

A structure containing five or more dwelling units.

NONEXEMPT SALE

RANDOM SELECTION PROCESS

REGIONAL ASSET LIMIT

REHABILITATION

The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT

RESTRICTED UNIT

UHAC

The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26 et seq.

VERY-LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 30% or less of the regional median household income by household size.

VERY-LOW-INCOME UNIT

A restricted unit that is affordable to a very-low-income household.

WEATHERIZATION

Applicability.

Rehabilitation program.

Both owner-occupied and renter-occupied units shall be eligible for rehabilitation funds.

The Borough of Totowa shall dedicate a minimum of $10,000 and a maximum of $20,000 for each unit to be rehabilitated through this program.

The Borough of Totowa shall adopt a resolution committing to fund any shortfall in the rehabilitation programs for the Borough.

Units in a rehabilitation program shall be exempt from N.J.A.C. 5:97-9 and Uniform Housing Affordability Controls (UHAC), but shall be administered in accordance with the following:

Rents in rehabilitated units may increase annually based on the standards in N.J.A.C. 5:97-9.

Alternative living arrangements.

The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following exceptions:

Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).

Phasing schedule for inclusionary zoning. In inclusionary developments the following schedule shall be followed:

Maximum Percentage of Market-Rate Units Completed	Minimum Percentage of Low- and Moderate-Income Units Completed
25%	0%
25% + 1	10%
50%	50%
75%	75%
90%	100%

New construction.

Low/moderate split and bedroom distribution of affordable housing units.

At least 25% of the obligation shall be met through rental units, including at least 1/2 in rental units available to families.

A maximum of 25% of the Borough's obligation may be met with age-restricted units. At least 1/2 of all affordable units in the Borough's Plan shall be nonrestricted.

In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.

Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:

The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;

At least 30% of all low- and moderate-income units shall be two-bedroom units;

At least 20% of all low- and moderate-income units shall be three-bedroom units; and

The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.

Accessibility requirements.

An adaptable toilet and bathing facility on the first floor; and

An adaptable kitchen on the first floor; and

An interior accessible route of travel on the first floor; and

An adaptable room that can be used as a bedroom, with a door or casing for the installation of a door, on the first floor; and

The developer of the restricted units shall submit a design plan and cost estimate to the Construction Official of the Borough of Totowa for the conversion of adaptable to accessible entrances.

Design.

In inclusionary developments, to the extent possible, low-and moderate-income units shall be integrated with the market units.

In inclusionary developments, low- and moderate-income units shall have access to all of the same common elements and facilities as the market units.

Maximum rents and sales prices.

A studio shall be affordable to a one-person household;

A one-bedroom unit shall be affordable to a one-and-one-half-person household;

A two-bedroom unit shall be affordable to a three-person household;

A three-bedroom unit shall be affordable to a four-and-one-half-person household; and

A four-bedroom unit shall be affordable to a six-person household.

A studio shall be affordable to a one-person household;

A one-bedroom unit shall be affordable to a one-and-one-half-person household; and

A two-bedroom unit shall be affordable to a two-person household or two one-person households.

Utilities.

Affordable units shall utilize the same type of heating source as market units within an inclusionary development.

Tenant-paid utilities included in the utility allowance shall be set forth in the lease and shall be consistent with the utility allowance approved by HUD for its Section 8 program.

Provide an occupant for each bedroom;

Provide children of different sexes with separate bedrooms;

Provide separate bedrooms for parents and children; and

Prevent more than two persons from occupying a single bedroom.

Control periods for restricted ownership units and enforcement measures.

The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.

The affordability controls set forth in this chapter shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.

The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent.

The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.

Buyer income eligibility.

A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit.

Limitations on indebtedness secured by ownership unit; subordination.

Capital improvements to ownership units.

Control periods for restricted units.

A restricted rental unit shall remain subject to the affordability controls of this section despite the occurrence of any of the following events:

Sublease or assignment of the lease of the unit;

Sale of other voluntary transfer of the ownership of the unit; or

The entry and enforcement of any judgement of foreclosure on the property containing the unit.

Rent restrictions for rental units; leases.

Tenant income eligibility.

Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as it may be amended and supplemented, and shall be determined as follows:

Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.

Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.

Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.

The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;

The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;

The household is currently in substandard or overcrowded living conditions;

The household documents the existence of assets with which the household proposes to supplement the rent payments; or

The household documents reliable anticipated third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit.

§ 415-130.2 Municipal housing liaison.

[Added 11-13-2018 by Ord. No. 18-2018]

Serving as Totowa's primary point of contact for all inquiries from the state, affordable housing providers, Administrative Agents and interested households;

Monitoring the status of all restricted units in Totowa's Fair Share Plan;

Compiling, verifying and submitting annual monitoring reports as may be required by the Court;

Coordinating meetings with affordable housing providers and Administrative Agents, as needed; and

Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing at least annually and more often as needed.

Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.

§ 415-130.3 Administrative agent.

[Added 11-13-2018 by Ord. No. 18-2018]

Household certification:

Soliciting, scheduling, conducting and following up on interviews with interested households;

Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;

Providing written notification to each applicant as to the determination of eligibility or noneligibility;

Employing a random selection process as provided in the Affirmative Marketing Plan of the Borough of Totowa when referring households for certification to affordable units.

Affordability controls:

Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;

Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;

Communicating with lenders regarding foreclosures; and

Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.

Sales and rerentals:

Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or rerental; and

Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or rerental.

Processing requests from unit owners:

Notifying the Borough of an owner's intent to sell a restricted unit; and

Making determinations on requests by owners of restricted units for hardship waivers.

Enforcement:

Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;

Establishing a program for diverting unlawful rent payments to the Borough's Affordable Housing Trust Fund; and

Additional responsibilities:

The Administrative Agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.

The Administrative Agent shall prepare monitoring reports for submission to the Municipal Housing Liaison in time to meet any monitoring requirements and deadlines imposed by the Court.

The Administrative Agent shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing at least annually and more often as needed.

§ 415-130.4 Affirmative marketing requirements.

[Added 11-13-2018 by Ord. No. 18-2018]

The Borough of Totowa shall adopt by resolution an Affirmative Marketing Plan, subject to the approval of the Court that is compliant with N.J.A.C. 5:80-25.15, as it may be amended and supplemented.

The Affirmative Marketing Plan shall provide a regional preference for all households that live and/or work in Housing Region 1, comprised of Bergen, Hudson, Passaic and Sussex Counties.

The affirmative marketing process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy.

The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner.

§ 415-130.5 Enforcement of affordable housing regulations.

[Added 11-13-2018 by Ord. No. 18-2018]

The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.

§ 415-130.6 Appeals.

[Added 11-13-2018 by Ord. No. 18-2018]

§ 415-131 Principal uses.

[Amended 1-25-2005 by Ord. No. 02-2005]

District	Principal Uses
R-40	Single-family residences
R-20A	Single-family residences
R-20	Single-family residences
R-7	Single-family residences
R-B	Two-family residences
R-SC	Senior citizens housing
R-AH	Affordable housing
AHD	Adult housing

Editor's Note: See the Area and Bulk Schedule for Residence Districts located at the end of this chapter.

§ 415-132 Additional use regulations.

Uses allowed by right on each lot, in addition to the above principal uses, are as follows:

Home-based businesses. Home office use, meaning an office activity carried on for gain by a resident in a dwelling unit, shall be a permitted accessory use in residential zone districts, provided:

[Amended 6-27-2006 by Ord. No. 10-2006]

The use is limited solely to office use;

The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons;

No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes;

The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;

Interior storage of materials shall only consist of office supplies;

The use does not require any increased or enhanced electrical or water supply;

The quantity and type of solid waste disposal is the same as other residential uses in the zone district;

The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components;

(11)

Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express, and other delivery services providing regular service to residential uses in the zone district; and

All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.

No boardinghouse or rooming house shall be permitted.

In a two-family dwelling, the rental of rooms shall be restricted to the first two stories.

§ 415-133 Senior citizen housing in R-SC Zone only.

Occupancy. No dwelling unit within a Senior Citizen Housing Zone may be occupied by a person who is not a senior citizen, except:

The spouse of a senior citizen; or

Permitted uses. Uses permitted in a Senior Citizen Housing Zone shall be dwelling units for the accommodation of senior citizens and one or more of the following accessory uses:

Indoor or outdoor recreational facilities to the extent permitted in the residential zone.

Enclosed hobby and lounging areas.

Personal laundry and drying facilities.

Enclosed individual storage areas.

Enclosed worship facilities.

Dwelling for full-time caretaker and family.

Limitation of accessory uses. No accessory use shall be designed for or used by persons other than occupants of the dwelling units within the site.

Design and development standards.

Minimum area: seven acres.

Maximum density: six units per acre.

Maximum total building coverage: 30% of the area.

Height of buildings. The maximum height of buildings shall be three stories or 40 feet, whichever is the lesser.

Setback. All buildings shall be set back at least 50 feet from any property line and 50 feet from any street line.

Utilities. All dwelling units shall be serviced by public water and sewerage systems and safety and warning systems.

Design. The design and layout of the dwelling units and all buildings and facilities shall be planned for the convenience of senior citizens and in accordance with applicable codes and regulations.

Illumination. Artificial illumination sufficient for the convenience and safety of senior citizens shall be provided.

Off-street parking. At least one paved space shall be provided for each dwelling unit. Each parking space shall be a minimum of 10 feet by 20 feet.

§ 415-134 Purpose.

The purpose is to establish an affordable housing zone to permit the construction of a comprehensive, coordinated development of land for multifamily housing that would provide affordable housing.

§ 415-135 Permitted uses.

Development options. Within the R-AH District there are two development options:

For-sale residential development. An inclusionary housing development at a maximum density of 12.5 units per acre with a 20% affordable housing set-aside.

Rental residential development. An inclusionary housing development at a maximum density of 15 units per acre with a 20% affordable housing set-aside.

Principal permitted uses. The following for-sale or rental principal uses are permitted:

Multifamily dwellings.

Townhouse dwellings.

Utilities and essential services.

Prohibited uses. Any use not listed as permitted is prohibited.

§ 415-136 Accessory uses.

Accessory permitted uses shall be as follows:

Signs.

Noncommercial swimming pools, tennis courts and other indoor or outdoor recreation facilities.

Private garages and off-street parking for private vehicles.

Garages under or incorporated into the building design.

§ 415-137 Area, bulk and yard requirements.

Area, bulk and yard requirements shall be as follows:

Minimums	Townhouse	Multifamily	Stacked Townhouse
Tract size	4 Acres	4 Acres	4 Acres
Tract frontage	200 Feet	200 Feet	200 Feet
Tract setback*	40 Feet	40 Feet	40 Feet
Lot size	2,500 Square Feet	—	—
Lot width	25 Feet	—	—
Lot depth	100 Feet	—	—
Building wall front-to-front setback	60 Feet	75 Feet	75 Feet
Building wall side-to-side setback	30 Feet	35 Feet	35 Feet
Building wall rear-to-rear setback	60 Feet	60 Feet	60 Feet
Building wall side-to-rear or side-to-front setback	45 Feet	40 Feet	40 Feet

Maximums	Townhouse	Multi-family	Stacked Townhouse
Building coverage	50%	65%	65%
Impervious coverage	70%	80%	80%
Building length	180 Feet	200 Feet	200 Feet
Number of units per building	7	—	—
Height in feet	35	52	52
Height in stories	2.5	4	4

*	This setback prohibits the construction of any buildings and/or parking lots within 40 feet of the entire tract perimeter. See § 415-142A(1) for additional parameters.

Accessory buildings:

Minimum distance setback from principal buildings: 40 feet.

Maximum height: 15 feet.

§ 415-138 Lighting standards.

The following lighting standards shall apply:

Low-pressure sodium or mercury vapor lighting is prohibited.

Parking lot lighting shall be no more than 20 feet in height.

A minimum average of 0.5 footcandle shall be maintained within the parking lot and over all pedestrian walkways.

Parking lot fixtures shall be full cutoff.

Footcandles at the property line shall not exceed one footcandle, except where there are entrance/exit driveways.

§ 415-139 Off-street parking.

Off-street parking shall be provided as required by RSIS. There shall be no parking of any vehicle along roadways. Parking spaces shall measure nine feet wide by 18 feet long.

§ 415-140 Circulation requirements.

Roadway widths shall be in accordance with the RSIS.

Minimum driveway width, one-way: 12 feet.

Minimum driveway width, two-way: 22 feet.

Construction of pavement and pavement materials shall conform to the RSIS and NJDOT Standard Specification for Road and Bridge Construction, current editions.

§ 415-141 Utility improvements and services.

Utility improvements and services for the R-AH District.

Water facilities.

The site shall be connected to a municipal water system.

Sanitary sewerage system.

Drainage and stormwater management.

Refuse pickup and recycling areas shall be provided and shall be located for the convenience of the residents of the developments and shall be screened and fully enclosed.

§ 415-142 Landscape standards.

The following landscape standards shall apply:

Tract buffer: where existing adjacent parcels contain single-family detached homes.

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees and shrubs to provide a natural looking buffer while providing a visual screen.

The existing trees within the buffer area shall be supplemented by shade and evergreen trees and shrubs as follows to provide a year-round screen:

One shade tree for every 50 linear feet of buffer;

Two evergreen trees for every 25 linear feet of buffer; and

Fifteen shrubs for every 50 linear feet of buffer.

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

Buffer plants shall be the following size at the time of planting:

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 to 14 feet in height, balled and burlapped.

Evergreen trees shall be planted at a minimum height of seven feet, balled and burlapped.

Shrubs shall be planted at a minimum of 36 inches in height. All shrubs shall be evergreen.

No more than 25% of the plantings shall be of the same species and/or variety of plant.

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

Tract buffer: all other adjacent uses.

A minimum twenty-foot-wide landscaped buffer shall be provided. Within this buffer area no existing tree shall be cut or removed unless the tree is diseased or dead.

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees and shrubs to provide a natural looking buffer while providing a visual screen.

Buffer plantings shall be a mixed planting and shall include the following:

One shade tree for every 50 linear feet of buffer;

One evergreen tree for every 30 linear feet of buffer;

Ten shrubs for every 50 linear feet of buffer.

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

Buffer plants shall be the following size at the time of planting:

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 to 14 feet in height, balled and burlapped.

Evergreen trees shall be planted at a minimum height of seven feet, balled and burlapped.

Shrubs shall be planted at a minimum of 36 inches in height. Fifty percent of shrubs shall be evergreen.

No more than 25% of the plantings shall be of the same species and/or variety of plant.

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

Street trees.

Street trees shall be provided along all contiguous public streets, 40 feet on center. The following species are permitted:

Regent Scholar.

Chinese Elm.

October Glory Maple.

Rosehill Ash.

Katsure tree.

Maidenhair tree.

Shademaster Locust.

Coffeetree.

Greenspire Linden.

Village Green Zelkova.

Patmore Ash.

Red Sunset Maple.

Trees shall be a minimum of three inches caliper.

Branching height should bear a relationship to the size and species of the tree, but shall have a minimum clearance height of seven feet above grade before branching begins.

No more than 33% of the street trees shall be of the same species and/or variety.

Parking lot landscaping.

For every 20 surface parking spaces there shall be one landscape area that is at least 162 square feet.

The landscape area shall contain trees and/or shrubs.

Trees shall be a minimum of three inches caliper and shrubs shall be at least 24 inches tall.

§ 415-143 Design standards.

Building facades visible from a public street shall consist of brick, stone, cast stone or other high-quality material.

The maximum spacing between building wall offsets shall be 30 feet.

The minimum projection or depth of any individual vertical offset shall not be less than 1.5 feet.

The maximum spacing between roof offsets shall be 40 feet.

Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.

All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.

Trash enclosures.

Trash enclosures shall not be visible from any public street and shall be located to the rear or side of the building.

All trash enclosures shall be screened by a solid masonry wall on three sides and heavy-duty gate closures on the fourth side.

The trash enclosure shall be surrounded by a mixture of deciduous and evergreen plant species.

Utilities. All utilities shall be underground.

Signage standards. The following types of signage are permitted:

Monument signs.

One monument sign shall be permitted to identify the residential development.

The total area of the monument sign face shall be limited to 40 square feet.

The height of the sign shall not exceed a height of five feet above the grade.

Monument signs shall be set back a minimum of 10 feet from any property line.

A double-faced sign shall be counted as one sign.

Monument signs may be illuminated by shielded floodlights only.

Street address signs.

Street address signage is required on each building or individual unit.

Numbers shall be a maximum of 1.5 feet in height.

§ 415-144 Ownership and maintenance.

§ 415-145 Affordable housing requirements.

The following affordable housing requirements shall apply:

Affordable units shall be built on site.

Affordable units shall comply with the Fair Housing Act and the Uniform Housing Affordability Controls and shall be deed restricted for a minimum of 30 years.

The developer/property owner shall be responsible for retaining a qualified Administrative Agent to manage their affordable housing units.

§ 415-148 Purpose.

§ 415-149 Permitted uses.

Development options. Within the R-AH-2 District there are two development options:

For-sale residential development. An inclusionary housing development at a maximum density of 12.5 units per acre with a 20% affordable housing set-aside.

Rental residential development. An inclusionary housing development at a maximum density of 15 units per acre with a 20% affordable housing set-aside.

Principal permitted uses. The following for-sale or rental principal uses are permitted:

Multifamily dwellings.

Townhouse dwellings.

Utilities and essential services.

Prohibited uses. Any use not listed as permitted is prohibited.

§ 415-150 Accessory uses.

Accessory permitted uses shall be as follows:

Signs.

Noncommercial swimming pools, tennis courts and other indoor or outdoor recreation facilities.

Private garages and off-street parking for private vehicles.

Garages under or incorporated into the building design.

§ 415-151 Area, bulk and yard requirements.

Area, bulk and yard requirements shall be as follows:

Minimums	Townhouse	Multifamily	Stacked Townhouse
Tract size	5 Acres	5 Acres	5 Acres
Tract frontage	200 Feet	200 Feet	200 Feet
Tract setback*	40 Feet	40 Feet	40 Feet
Lot size	2,500 Square Feet	—	—
Lot width	25 Feet	—	—
Lot depth	100 Feet	—	—
Building wall front-to-front setback	60 Feet	75 Feet	75 Feet
Building wall side-to-side setback	30 Feet	35 Feet	35 Feet
Building wall rear-to-rear setback	60 Feet	60 Feet	60 Feet
Building wall side-to-rear or side-to-front setback	45 Feet	40 Feet	40 Feet

Maximums	Townhouse	Multifamily	Stacked Townhouse
Building coverage	50%	65%	65%
Impervious coverage	70%	80%	80%
Building length	180 Feet	200 Feet	200 Feet
Number of units per building	7	—	—
Height in feet	35	45	45
Height in stories	2.5	3	3

*	This setback prohibits the construction of any buildings and/or parking lots within 40 feet of the entire tract perimeter. See § 415-156A(1) for additional parameters.

Accessory buildings:

Minimum distance setback from principal buildings: 40 feet.

Maximum height: 15 feet.

§ 415-152 Lighting standards.

The following lighting standards shall apply:

Low-pressure sodium or mercury vapor lighting is prohibited.

Parking lot lighting shall be no more than 20 feet in height.

A minimum average of 0.5 footcandle shall be maintained within the parking lot and over all pedestrian walkways.

Parking lot fixtures shall be full cutoff.

Footcandles at the property line shall not exceed one footcandle, except where there are entrance/exit driveways.

§ 415-153 Off-street parking.

Off-street parking shall be provided as required by RSIS. There shall be no parking of any vehicle along roadways. Parking spaces shall measure nine feet wide by 18 feet long.

§ 415-154 Circulation requirements.

Roadway widths shall be in accordance with the RSIS.

Minimum driveway width, one-way: 12 feet.

Minimum driveway width, two-way: 22 feet.

Construction of pavement and pavement materials shall conform to the RSIS and NJDOT Standard Specification for Road and Bridge Construction, current editions.

§ 415-155 Utility improvements and services.

Utility improvements and services for the R-AH-2 District.

Water facilities.

The site shall be connected to a municipal water system.

Sanitary sewerage system.

Drainage and stormwater management.

Refuse pickup and recycling areas shall be provided and shall be located for the convenience of the residents of the developments and shall be screened and fully enclosed.

§ 415-156 Landscape standards.

The following landscape standards shall apply:

Tract buffer: where existing adjacent parcels contain single-family detached homes.

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees and shrubs to provide a natural looking buffer while providing a visual screen.

The existing trees within the buffer area shall be supplemented by shade and evergreen trees and shrubs as follows to provide a year-round screen:

One shade tree for every 50 linear feet of buffer;

Two evergreen trees for every 25 linear feet of buffer; and

Fifteen shrubs for every 50 linear feet of buffer.

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

Buffer plants shall be the following size at the time of planting:

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 to 14 feet in height, balled and burlapped.

Evergreen trees shall be planted at a minimum height of seven feet, balled and burlapped.

Shrubs shall be planted at a minimum of 36 inches in height. All shrubs shall be evergreen.

No more than 25% of the plantings shall be of the same species and/or variety of plant.

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

Tract buffer: all other adjacent uses.

A minimum twenty-foot-wide landscaped buffer shall be provided. Within this buffer area no existing tree shall be cut or removed unless the tree is diseased or dead.

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees and shrubs to provide a natural looking buffer while providing a visual screen.

Buffer plantings shall be a mixed planting and shall include the following:

One shade tree for every 50 linear feet of buffer;

One evergreen tree for every 30 linear feet of buffer;

Ten shrubs for every 50 linear feet of buffer.

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

Buffer plants shall be the following size at the time of planting:

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 to 14 feet in height, balled and burlapped.

Evergreen trees shall be planted at a minimum height of seven feet, balled and burlapped.

Shrubs shall be planted at a minimum of 36 inches in height. Fifty percent of shrubs shall be evergreen.

No more than 25% of the plantings shall be of the same species and/or variety of plant.

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

Street trees.

Street trees shall be provided along all contiguous public streets, 40 feet on center. The following species are permitted:

Regent Scholar.

Chinese Elm.

October Glory Maple.

Rosehill Ash.

Katsure tree.

Maidenhair tree.

Shademaster Locust.

Coffeetree.

Greenspire Linden.

Village Green Zelkova.

Patmore Ash.

Red Sunset Maple.

Trees shall be a minimum of three inches caliper.

Branching height should bear a relationship to the size and species of the tree, but shall have a minimum clearance height of seven feet above grade before branching begins.

No more than 33% of the street trees shall be of the same species and/or variety.

Parking lot landscaping.

For every 20 surface parking spaces there shall be one landscape area that is at least 162 square feet.

The landscape area shall contain trees and/or shrubs.

Trees shall be a minimum of three inches caliper and shrubs shall be at least 24 inches tall.

§ 415-157 Design standards.

Building facades visible from a public street shall consist of brick, stone, cast stone or other high-quality material.

The maximum spacing between building wall offsets shall be 30 feet.

The minimum projection or depth of any individual vertical offset shall not be less than 1.5 feet.

The maximum spacing between roof offsets shall be 40 feet.

Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.

All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.

Trash enclosures.

Trash enclosures shall not be visible from any public street and shall be located to the rear or side of the building.

All trash enclosures shall be screened by a solid masonry wall on three sides and heavy-duty gate closures on the fourth side.

The trash enclosure shall be surrounded by a mixture of deciduous and evergreen plant species.

Utilities. All utilities shall be underground.

Signage standards. The following types of signage are permitted:

Monument signs.

One monument sign shall be permitted to identify the residential development.

The total area of the monument sign face shall be limited to 40 square feet.

The height of the sign shall not exceed a height of five feet above the grade.

Monument signs shall be set back a minimum of 10 feet from any property line.

A double-faced sign shall be counted as one sign.

Monument signs may be illuminated by shielded floodlights only.

Street address signs.

Street address signage is required on each building or individual unit.

Numbers shall be a maximum of 1.5 feet in height.

§ 415-158 Ownership and maintenance.

§ 415-159 Affordable housing requirements.

The following affordable housing requirements shall apply:

Affordable units shall be built on site.

Affordable units shall comply with the Fair Housing Act[1] and the Uniform Housing Affordability Controls and shall be deed restricted for a minimum of 30 years.

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

The developer/property owner shall be responsible for retaining a qualified administrative agent to manage their affordable housing units.

§ 415-160 MFR Multifamily Residential Overlay District.

[Added 4-24-2018 by Ord. No. 09-2018]

MFR: Multifamily Residential Overlay District is to include Block 176, Lot 2, Block 133, Lots 2 and 2.01 as shown the Official Tax Map of the Borough of Totowa.

Permitted uses.

Development options. Within the MFR Overlay District there are two development options:

For-sale residential development. An inclusionary housing development at a maximum density of 15 units per acre with a 20% affordable housing set-aside.

Rental residential development. An inclusionary housing development at a maximum density of 20 units per acre with a 20% affordable housing set-aside.

Principal permitted uses. The following for-sale or rental principal uses are permitted:

Multifamily dwellings.

Utilities and essential services.

Prohibited uses. Any use not listed as permitted is prohibited.

Accessory uses. Accessory permitted uses shall be as follows:

Signs.

Noncommercial swimming pools, tennis courts and other indoor or outdoor recreation facilities.

Private garages and off-street parking for private vehicles.

Garages under or incorporated into the building design.

Area, bulk and yard requirements. Area, bulk and yard requirements shall be as follows:

Minimums
Tract size	4 acres
Tract frontage	200 feet
Tract setback*	15 feet
Building wall front-to-front setback	75 feet
Building wall side-to-side setback	35 feet
Building wall rear-to-rear setback	60 feet
Building wall side-to-rear or side-to-front setback	40 feet
Maximums
Building coverage	65%
Impervious coverage	80%
Building length	200 feet
Height in feet	52 feet
Height in stories	4

NOTES:
*	This setback prohibits the construction of any buildings and/or parking lots within 15 feet of the entire tract perimeter.

Landscape standards. The following landscape standards shall apply:

Tract buffer.

Buffer plantings shall consist of a combination of shade trees, evergreen trees, ornamental trees and shrubs to provide a natural looking buffer while providing a visual screen.

Buffer plantings shall be a mixed planting and shall include, at a minimum, the following:

One evergreen tree for every 30 linear feet of buffer;

Ten shrubs for every 50 linear feet of buffer.

Existing shade and evergreen trees within the buffer area may be counted in fulfilling the required buffer planting.

Buffer plants shall be the following size at the time of planting:

Shade trees shall be planted at a minimum three-inch caliper and shall be a minimum of 12 feet to 14 feet in height, balled and burlapped.

Evergreen trees shall be planted at a minimum height of seven feet, balled and burlapped.

Shrubs shall be planted at a minimum of 36 inches in height. Fifty percent of shrubs shall be evergreen.

No more than 25% of the plantings shall be of the same species and/or variety of plant.

Proposed buffer plantings shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows.

Street trees.

Street trees shall be provided along all contiguous public streets, 50 feet on center. The following species are permitted:

Regent Scholar.

Chinese Elm.

October Glory Maple.

Rosehill Ash.

Katsure tree.

Maidenhair tree.

Shademaster Locust.

Coffee tree.

Greenspire Linden.

Village Green Zelkova.

[11]

Patmore Ash.

[12]

Red Sunset Maple.

Trees shall be a minimum of three inches caliper.

Branching height should bear a relationship to the size and species of the tree, but shall have a minimum clearance height of seven feet above grade before branching begins.

No more than 33% of the street trees shall be of the same species and/or variety.

Parking lot landscaping.

For every 25 surface parking spaces there shall be one landscape area that is at least 162 square feet.

The landscape area shall contain trees and/or shrubs.

Trees shall be a minimum of three inches caliper and shrubs shall be at least 24 inches tall.

Affordable housing requirements. The following affordable housing requirements shall apply:

Affordable units shall be built on site.

Affordable units shall comply with the Fair Housing Act and the Uniform Housing Affordability Controls and shall be deed-restricted for a minimum of 30 years.

A minimum of 13% of the affordable units shall be affordable to very-low-income households.

The phasing schedule contained in § 415-145F. shall be followed for inclusionary development.

The developer/property owner shall be responsible for retaining a qualified Administrative Agent, subject to the review and approval of the Borough.

§ 415-165 E-R Education and Recreation District.

Uses in the E-R District shall be limited to public education facilities, open space and public parks and recreation facilities.

§ 415-166 M-C Municipal Complex District.

Uses in the M-C District shall include municipal governmental services and other related public services and facilities.

§ 415-167 B-2 Local Business District.

The following principal uses are allowed by right in B-2 District:

Business, professional and governmental offices.

Banks and other financial institutions.

Music schools, dance studios, martial arts and other similar instructional facilities for group or individual instruction.

(Reserved)[1]

Editor’s Note: Former Subsection A(6), which permitted completely enclosed automobile sales rooms, was repealed 3-22-2011 by Ord. No. 04-2011 and 6-10-2014 by Ord. No. 09-2014.

(Reserved)[2]

Editor’s Note: Former Subsection A(7), which permitted automotive storage and parking lots, was repealed 3-22-2011 by Ord. No. 04-2011 and 6-10-2014 by Ord. No. 09-2014.

Mortuary and funeral homes.

(Reserved)[3]

Editor's Note: Former Subsection A(9), regarding churches, schools, hospitals and libraries, was repealed 6-10-2014 by Ord. No. 09-2014.

Specialty food services.

The following use is allowed by right, subject to additional conditions:

Filling stations and public garages subject to § 415-187.

Outdoor dining areas complying with Chapter 275, Outdoor Dining.

[Added 10-26-2010 by Ord. No. 12-2010]

Multiple-family mixed-use development, subject to the following conditions:

[Added 4-24-2018 by Ord. No. 10-2018]

The minimum lot size shall be 20,000 square feet.

The maximum residential density shall be 20 units per acre.

The parcel shall have frontage on Union Boulevard.

The first floor shall contain permitted B-2 District principal uses.

The second and third floor may contain multiple-family uses.

Parking shall be provided for the residential units in accordance with residential site improvement standards. All required parking shall be provided on-site.

Where the property abuts an existing single- or two-family home a solid screen comprised of either a six-foot-tall fence or evergreen shrubs six feet in height shall be installed.

No dumpster or trash facilities shall be located within 15 feet of a property line shared with an existing single- or two-family home.

The following bulk standards are required, but shall be treated as "c" bulk variances:

The minimum lot width shall be 50 feet.

The minimum side yard setback shall be eight feet.

The minimum rear yard setback shall be 50 feet.

The minimum setback on any property line shared with an existing single- or two-family home shall be 50 feet.

The maximum coverage shall be 50%.

[6]

The maximum height shall be three stories or 35 feet.

The following accessory uses are allowed:

Business signs complying with § 415-107B.

Parking complying with § 415-103.

Hours of operation.

[Added 6-25-2013 by Ord. No. 08-2013]

Permitted hours of operation shall be between the hours of 5:00 a.m. and 12:00 midnight.

Exempt from this regulation are restaurants and liquor and bar establishments.

§ 415-168 B-3 Highway Business District.

The following uses are allowed by right in the B-3 District:

All uses permitted in the B-2 Local Business District.

Animal hospitals and clinics.

Wholesale outlets.

Processing and assembly, if carried on as an accessory to one of the permitted uses.

Motels.

Restaurants.

Churches (including the parish house), schools, hospitals and libraries.

[Added 6-10-2014 by Ord. No. 09-2014]

The following uses are allowed by right, subject to additional conditions:

Filling stations and public garages complying with § 415-187.

Designed shopping centers complying with § 415-188.

Automotive sales establishments, complying with § 415-186.

Outdoor dining areas complying with Chapter 275, Outdoor Dining.

[Added 10-26-2010 by Ord. No. 12-2010]

Massage establishments complying with Chapter 250, Massage Establishments.

[Added 10-26-2010 by Ord. No. 12-2010]

The following accessory uses are allowed:

Business signs complying with § 415-107B.

Parking complying with § 415-103.

Hours of operation.

[Added 6-25-2013 by Ord. No. 08-2013]

Permitted hours of operation shall be between the hours of 5:00 a.m. and 12:00 midnight.

Exempt from this regulation are restaurants and liquor and bar establishments.

§ 415-168.1 B-4 Borough Business District.

[Added 5-28-2013 by Ord. No. 07-2013; amended 10-13-2015 by Ord. No. 17-2015]

The following principal uses are allowed by right in a B-4 District:

Corporate, professional and governmental offices.

Medical and dental facilities.

Banks and other financial institutions, drive-through facilities are permitted to the side or the rear of the building only.

Post office.

Restaurants.

Retail on the ground floor only, limited to the following uses:

Florists.

Medical device and supplies.

Book and stationery stores.

Jewelry stores.

Office supply stores.

Antiques and gift shops.

Bakery.

The following accessory uses are allowed:

Business signs complying with § 415-107B.

Parking complying with § 415-103.

Off-street parking is not permitted within the front yard setback.

Off-street parking shall not be visible from Union Boulevard.

The following conditional uses are allowed:

Outdoor dining areas complying with Chapter 275, Outdoor Dining.

The following prohibited uses:

Twenty-four-hour-a-day operations.

Individual retail tenants over 2,000 square feet.

Drive-through facilities associated with restaurants or retail stores.

The following are the hours of operation:

Permitted hours of operation shall be between the hours of 5:00 a.m. and 12:00 midnight.

Exempt from this regulation are restaurants.

§ 415-168.2 B-5 Professional Business District.

[Added 5-28-2013 by Ord. No. 07-2013]

The following principal uses are allowed by right in a B-5 District:

Professional and governmental offices.

The following accessory uses are allowed:

Business signs complying with § 415-107B.

Parking complying with § 415-103.

§ 415-168.3 B-6 Restricted Commercial District.

[Added 8-27-2013 by Ord. No. 11-2013]

The following principal uses are allowed by right in a B-6 District; only the following retail services, commercial uses shall be permitted. All other uses are expressly prohibited.

Professional offices.

Banks and other financial institutions.

Antiques and gift shops.

Barber and beauty shops.

Book and stationery stores.

Art galleries.

Finance and loan companies.

Florist shops.

Photograph studios.

Shoe repair shops.

Tailors and dressmakers.

Jewelers.

The following accessory uses are allowed:

Business signs complying with § 415-107B.

BUFFER EASEMENT, CONSERVATION

Parking complying with § 415-103.

§ 415-169 Purpose.

§ 415-170 Definitions.

As used in this article, the following terms shall have the meanings indicated:

Land that is to remain undisturbed and in its natural state.

BUFFER, LANDSCAPE

Land that shall be landscaped with plants, trees, shrubs and grass as required by the Planning Board.

BUFFER STRIP

FLOOR AREA RATIO (FAR)

The sum of the area of all floors of buildings or structures compared to the total area of the site.

PHASED DEVELOPMENT

Development undertaken in a logical time and geographical sequence.

SURFACE, IMPERVIOUS

Any structure or other material that prevents the absorption of stormwater into the ground.

SURFACE, PERVIOUS

Any material that permits full or partial absorption of stormwater into previously unimproved land.

§ 415-171 Permitted uses.

Only the following uses will be permitted in the CO Zone:

Corporate headquarters.

Professional or business office, including medical or dental facilities.

Executive and administrative offices.

Research and development, experimenting and testing for scientific laboratories.

Hotels.

§ 415-172 Accessory uses.

The following uses will be permitted as accessory to the permitted uses listed above:

Parking structures used only for and in conjunction with permitted uses in the zone.

§ 415-173 Bulk regulations.

Maximum floor area ratio (FAR): 0.25 (bonus FAR of 0.10 is permitted pursuant to the Development Fee Ordinance).

Minimum lot area: 10 acres.

Minimum lot frontage: 200 feet.

Minimum lot width: 500 feet.

Minimum lot depth: 600 feet.

Maximum building coverage: 25%.

Maximum impervious coverage: 50%.

Minimum front yard: 100 feet.

Minimum rear yard: 100 feet (inclusive of conservation and landscape buffers and buffer strips).

Minimum one side yard: 50 feet.

Minimum total side yards: 100 feet.

Maximum height: 40 feet or three stories.

§ 415-174 Minimum internal building spacing requirements.

There shall be a minimum distance of 50 feet between principal buildings.

§ 415-175 Design criteria.

Interior roads.

Each lot should have frontage on an interior access roadway system, which has access to Minnisink Road.

All roadways shall be paved, bounded by permanent curbing and constructed in accordance with applicable provisions of the Borough Code.

Street intersections shall be at right angles with other roadways or within acceptable intersection design standards approved by the New Jersey Department of Transportation (NJDOT).

Grades of arterial and collector streets shall not exceed 10%. Grades on other street shall not exceed 12%. No street shall have a minimum grade of less than 1% or as approved by the Planning Board.

Street jogs with center-line offsets of less than 125 feet shall be prohibited.

A tangent at least 100 feet long shall be introduced between reverse curves on arterial or collector streets.

All changes in grade shall be connected by vertical curves and shall provide a smooth transition and proper sight distance.

Sidewalks.

Pedestrian sidewalks and amenities shall be provided in such locations, including entrances, exits and activity nodes where normal pedestrian traffic will occur.

Hand-surfaced sidewalks at least five feet in width shall be provided in such locations to ensure convenient pedestrian traffic, as required by the Planning Board.

§ 415-176 Open space and landscaping requirements.

All public street edges must be landscaped with a minimum of street trees of four inches caliper every 50 feet.

Any buffer strip required by the section may be provided within the setback requirement as set forth in any other section of this article.

If the property is developed in its entirety, there shall be a minimum buffer strip of 100 feet provided for the entire site around the perimeter of the property.

There shall be a minimum fifty-foot conservation buffer easement from any wetland area. These areas are to remain undisturbed and in their natural state.

There shall be a twenty-five-foot conservation buffer easement from any area containing steep slopes of 20% or more. These areas are to remain undisturbed and in the natural state.

There shall be a minimum fifty-foot landscape buffer easement from any residential district. These areas are to be landscaped with plants, trees, shrubs and grass as required by the Planning Board.

§ 415-177 Off-street parking requirements.

No change in use within a building shall be allowed unless it can be shown that sufficient parking is available for the new use on site.

For each use, handicapped parking shall be required in accordance with the most current Barrier-Free Design Regulations of the State of New Jersey.

Parking lot pavement shall consist of one of the following, to be measured at a compacted depth:

Three-inch bituminous stabilized base with 1 1/2 inch FABC.

Other as approved by the approving agency.

Size of parking spaces; aisle width.

	Parking Angle (degrees)	Aisle Width (feet)
	35	12
	45	13
	60	18
	90	24

Parking areas adjacent to residential districts shall be properly screened as required by the Planning Board.

Parking structures shall be no more than two levels and 30 feet in height. The floor area of any parking structure shall not be included in the calculation of the maximum FAR.

No parking area shall be located in any required front yard or any required buffer area.

No parking area shall be located closer than 25 feet from any property line.

Handicapped parking and handicapped-access to all pedestrian areas shall be provided as required by state standards.

§ 415-178 Off-street loading requirements.

No loading or delivery area will be permitted on any street frontage.

All loading areas shall be paved using the same construction specifications as for parking areas.

§ 415-179 Outside storage.

§ 415-180 Utilities.

All utilities shall be located beneath the surface of the ground.

§ 415-181 Lighting.

Site lighting shall conform to the requirements of § 415-100.

§ 415-182 Signs.

Signs shall conform to the requirements of § 415-107B.

§ 415-183 I-1 Restricted Industry District.

Permitted uses are as follows:

Research laboratories, business offices and offices accessory to an industrial use.

Animal hospitals.

Manufacture by processing, distillation, fabrication, assembly or other handling of products, provided that it meets the performance standards of § 415-105.

Agriculture, horticulture, nurseries and other similar uses.[1]

Editor's Note: Former § 141-78A(5), Health and educational institutions, which immediately followed this subsection, was repealed 9-12-2006 by Ord. No. 11-2006.

Warehouses, except the storage of highly combustible materials and explosive materials is prohibited.

[Added 1-28-1997 by Ord. No. 2-97]

Accessory uses and buildings.

§ 415-184 I-2 Restricted Industry District.

Permitted uses are as follows:

Uses permitted in the I-1 District.

Warehousing, except that the storage of highly combustible matter and explosive matter is prohibited.

Waste disposal treatment facilities operated as public utilities by the Borough of Totowa, there being specifically excluded commercial disposal and incineration plants.

§ 415-185 I-3 Restricted Industry District.

Permitted uses are as follows:

Uses permitted in the I-1 District.

Uses permitted in the I-2 District.

§ 415-186 Automobile sales.

Automobile sales shall be permitted subject to the following additional conditions:

No storage or display of automobiles for sale shall be permitted within the area or areas used to fulfill the requirements for off-street parking.

Parking, storage or display of automobiles shall be prohibited within the required minimum front yard.

Automobiles being serviced, displayed or stored shall not be parked on streets, alleys, public sidewalks, public park strips or other public property.

§ 415-187 Filling stations and garages.

Filling stations and garages shall be permitted subject to the following additional conditions:

The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on any required yard area.

No fuel pumps shall be located within 20 feet of any side lot line or within 35 feet of any street line.

All repair work, servicing, etc., shall be done within a completely enclosed building.

All automobile parts, dismantled vehicles and similar articles shall be stored within a completely enclosed building.

A public school or a duly organized school other than a public school conducted for children.

A hospital maintaining at least 15 beds for patients.

A church with a seating capacity for 100 persons or more.

Any place of public assemblage with a seating capacity of 100 persons or more.

A public library.

Any public playground or athletic field.

Any garage or gasoline filling station now existing in the Borough of Totowa.

Permitted hours of operation shall be between the hours of 5:00 a.m. and 12:00 a.m

[Added 6-14-2011 by Ord. No. 07-2011]

§ 415-188 Shopping centers.

Shopping centers shall be permitted subject to the following additional conditions:

Within any shopping center, the following uses are specifically prohibited:

All uses which are objectionable by reason of odor, dust, smoke, noise, vibration or waterborne waste.

Within any shopping center, the following area, height and bulk restrictions shall apply in addition to those listed in the area and bulk schedules and other parts of this chapter:

Yard requirements.

Minimum fifty-foot side yard abutting a residential zone.

Minimum fifty-foot rear yard, but not less than the rear yard requirement of the abutting residential zone.

Buffer. A twenty-foot buffer in accordance with § 415-92 shall be required abutting a residential zone.

§ 415-189 Public utility substations and pumping stations.

§ 415-190 Adult entertainment.

One off-street parking space for every two persons based upon total maximum occupancy as determined by the Fire Official.

The lot on which the use exists shall not be closer than 500 feet to the lot line of any residential district.

The lot on which the use exists shall not be closer than 1,000 feet to any lot line of other adult bookstore or entertainment use.

Nothing contained herein shall permit obscene materials as the same are defined in N.J.S.A. 2C:34-2.

§ 415-190.1 Smoke shops.

[Added 5-13-2014 by Ord. No. 07-2014]

One off-street parking space for every two persons based upon total maximum occupancy as determined by the Fire Official.

The lot on which the use exists shall not be closer than 500 feet to the lot line of any residential district.

The lot on which the use exists shall not be closer than 1,000 feet to any lot line of other smoke shops.

Smoking, inhaling and use of products shall be forbidden

[Added 9-25-2018 by Ord. No. 16-2018]

[Added 7-27-2021 by Ord. No. 03-2021]

Editor's Note: See N.J.S.A. 24:6I-33.

§ 415-191 Purpose; goals.

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

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

Require the location of towers in nonresidential zones;

Minimize the total number of towers throughout the community;

Require the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

Encourage users of towers and antennas to locate them, to the extent possible in areas where the adverse impact on the community is minimal;

Enable the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;

Consider the public health and safety of communication towers, as appropriate; and

ALTERNATIVE TOWER STRUCTURE

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

§ 415-192 Definitions.

As used in this article, the following terms shall have the meanings set forth below:

Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long-distance providers, or the public switched telephone network.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT

PREEXISTING TOWERS and PREEXISTING ANTENNAS

TOWER

§ 415-193 Applicability.

New towers and antennas. All new towers and antennas in the Borough of Totowa shall be subject to these regulations, except as provided in Subsections B through D, inclusive.

§ 415-194 General requirements.

Aesthetics. Towers and antennas shall meet the following requirements:

Signs. No signs or advertisements shall be allowed on an antenna or tower.

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 415-197.

Height. The maximum height of new towers shall be 150 feet in height.

§ 415-195 Permitted, conditional and prohibited uses.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 415-196 Conditional use standards.

General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Planning Board:

Applications for conditional use permits under this section shall be subject to the applicable procedures and requirements of the Borough Code, except as modified in this article.

Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

Towers.

Legal description of the entire tract and leased parcel (if applicable).

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplanted residentially zoned properties.

A landscape plan showing specific landscape materials.

Method of fencing and finished color and, if applicable, the method of camouflage and illumination.

A description of compliance with § 415-194C through G, J and L and Subsection B(3) and (4) of this section and all applicable federal, state or local laws.

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

A visual study of intent on whether excess space will be leased.

Height of the proposed tower;

Proximity of the tower to residential district boundaries;

Nature of uses on adjacent and nearby properties;

Surrounding topography;

Surrounding tree coverage and foliage;

Design of the tower, with particular reference to design characteristics that have the effect of reducing or elimination visual obtrusiveness;

Proposed ingress and egress;

Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures as discussed in Subsection B(3) of this article.

Availability of proposed tower to other potential users.

No existing towers or structures are located within the geographic area that meet applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required:

Towers must be set back a distance equal to at lease 100% of the height of the tower from any adjoining lot line.

All accessory buildings must satisfy the minimum zoning distance setback requirements.

No tower shall exist within required buffer areas if adjacent to residential zones and as prescribed under local ordinance.

Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required:

Separation from off-site uses/designated areas.

Tower separation shall be measured from the array line to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

Separation requirements for towers shall comply with the minimum standards established in Table 1.

	Table 1
	Off-Site Use/Designated Area	Separation Distance
	Residential, public parks, schools or house of worship	200 feet or 300% height of tower, whichever is greater, from lot line
	Vacant residentially zoned land	200 feet or 300% height of tower, whichever is greater, from lot line
	Nonresidentially zoned lands or nonresidential uses	None, only Zoning Code setbacks apply

	Table 2 Existing Towers — Types
	Lattice	Guyed	Monopole 75 Feet in Height	Monopole Less Than 75 Feet in Height
Lattice	5,000	5,000	1,500	750
Guyed	5,000	5,000	1,500	750
Monopole 75 feet in height	1,500	1,500	1,500	750
Monopole less than 75 feet	750	750	750	750

Security fencing. Towers shall be enclosed by securing fencing not less than six feet nor more that eight feet in height and shall also be equipped with an appropriate anticlimbing device.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required:

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

Access and parking. There must be a suitable ingress/egress to/from the tower facility and a minimum of two parking spaces.

Real estate values. As a criterion for approval, the Planning Board must find that the proposed tower facility will not have a substantial adverse impact on surrounding real estate values.

§ 415-197 Buildings or other equipment storage.

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.

Equipment storage buildings or cabinets shall comply with all applicable building codes.

Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with the antennas shall be located in accordance with the following:

§ 415-198 Removal of abandoned antennas and towers.

§ 415-199 Existing towers; rebuilding damaged or destroyed nonconforming towers or antennas.

§ 415-200 Nonconforming lots.

Editor's Note: See §§ 415-203 through 415-205 of this chapter.

§ 415-201 Nonconforming buildings.

[Amended 2-14-2012 by Ord. No. 02-2012]

§ 415-202 Nonconforming uses.

Extended or enlarged in any way.

Changed to any other nonconforming use.

Whenever a nonconforming use has been intentionally discontinued for a period of one year, such use shall not thereafter be in conformity with the provisions of this chapter.

Once changed to a conforming use, no building or land shall revert to a nonconforming use.

§ 415-203 Area and Bulk Schedule for Residence Districts.

The Area and Bulk Schedule for Residence Districts is included at the end of this chapter.

§ 415-204 Area and Bulk Schedule for Business Districts.

The Area and Bulk Schedule for Business Districts is included at the end of this chapter.

§ 415-205 Area and Bulk Schedule for Industrial Districts.

The Area and Bulk Schedule for Industrial Districts is included at the end of this chapter.

§ 415-206 Interpretation and application; purposes.

§ 415-207 Repealer; exception.

§ 415-208 Enforcing officer.

§ 415-209 Effect on previously issued permits.

§ 415-210 Certificate of occupancy for all districts.

A certificate of occupancy shall be obtained from the Construction Code Official for any of the following:

Occupancy and use of a building hereafter constructed, enlarged, relocated, reconstructed or altered.

A change in the use of an existing building or change of occupancy of a nonresidential building or part thereof.

Occupancy and use of vacant land or change in the use of land except for any use consisting primarily of tilling the soil.

Every application for a certificate of occupancy shall be accompanied by the required fee.

§ 415-211 Dwelling certificate.

[Added 1-28-1997 by Ord. No. 15-96]

Definitions. As used herein, the following words shall have the following meanings:

DWELLING CERTIFICATE

A certificate filed with the Zoning Officer of the Borough of Totowa, or his designee, certifying the occupants and location of a dwelling unit.

DWELLING INSPECTION

An inspection conducted to determine compliance with Chapter 186, Fire Protection, Chapter 221, Housing Standards, and this chapter.

DWELLING UNIT

As defined in this chapter, Part 1, General Provisions, Article II.

Every owner and/or tenant shall file a dwelling certificate on or before September 1, 1998.

Every owner and/or tenant shall file a dwelling certificate not more than 60 days immediately prior to any conveyance of title of a one- or two-unit dwelling unit.

An inspection as a result of a change of ownership shall take place prior to the transfer of title to the new owner.

Fees.

[Amended 2-28-2006 by Ord. No. 04-2006; 1-27-2009 by Ord. No. 02-2009]

The fee for the filing of a dwelling certificate shall be $25 per unit if no dwelling inspection is required.

The fee for a dwelling inspection shall be $75.

The fee for a smoke detector certificate as part of the dwelling inspection shall be $70.

The fee for a certificate of continued occupancy shall be $75 for a one-family dwelling and $150 for a two-family dwelling unit.

Violations and penalties.

[Amended 9-24-2002 by Ord. No. 24-2002][1]

Any person, partnership, firm or corporation who shall violate any provision of this chapter shall, upon conviction, be punished by the penalty set forth in § 415-213, Violations and penalties.

The minimum penalty or fine for the violation of any of the provisions of this chapter shall be $100.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 415-212 Temporary certificates of occupancy.

[Added 2-13-2001 by Ord. No. 04-2001]

The fee for a temporary certificate of occupancy shall be the same as that which is required for a certificate of occupancy.

§ 415-213 Violations and penalties; relocation assistance.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Any person who sells any building, structure, dwelling unit, lands or premises prior to the issuance of a certificate of occupancy shall be subject to a fine of $5,000.[2]

[Added 2-13-2001 by Ord. No. 04-2001]