Regulations Applicable in all Zoning Districts.

Accessory Structures — Special Provisions in the R-R, R-A, and R-B Single-Family Residential Districts.

Accessory Structure Restrictions Pertaining to Parking Areas, Driveways and Stormwater Detention Facilities. Any parking area, driveway or stormwater detention facility serving a use shall be deemed to be an accessory structure, and no said parking area, driveway or stormwater detention facility that is accessory to a business or industrial use shall hereafter be established in any residential district. Notwithstanding the provisions of this chapter governing permitted uses and/or permitted accessory uses, driveway(s) and stormwater detention facilities serving a development containing low- and moderate-income housing units may be provided on a lot in a different zone adjoining R-M-L VI Zoning District subject to approval by the Board having jurisdiction and further provided that the area of any such lot designated for such use and adjoining the R-M-L VI Zoning District will not be included in the land area calculation for density purposes.

Residential Driveway Entrances. No person shall construct or alter any portion of a driveway entrance within the limits of any municipal or private street within the Borough, without first obtaining a street and right-of-way opening permit issued by the office of the Borough Engineer, whose duty it shall be to grant such permit only when all the requirements and specifications of this chapter have been fulfilled. For driveway entrances constructed within County or State roadway rights-of-way, permits must be obtained from the County or State as appropriate and filed with the office of the Borough Engineer.

The height of a building shall be measured as stipulated in the definition of building height in § 28-203.

Chimneys on a residential dwelling unit are not bound by the height restrictions of this chapter.

Silos and barns on farms are not bound by the height restrictions of this chapter.

Noncommercial radio and television antennas are not bound by the height restrictions of this chapter provided: such features do not exceed in total coverage fifteen percent (15%) of the total roof area; provided that the height is not increased by more than fifteen percent (15%) than the maximum height otherwise permitted and provided further that no antenna shall exceed fifty (50) feet in height.

On a nonresidential principal building, the following may be erected above the maximum height specified in this chapter for the subject building provided: such features do not exceed in total coverage fifteen percent (15%) of the total roof area; that the height is not increased by more than fifteen percent (15%) than the maximum height otherwise permitted; and provided further that no said appurtenance shall exceed fifty (50) feet.

The maximum lot coverage (i.e., the coverage of impervious surfaces) permitted on steep slopes on existing and newly created lots shall be based on the percentage of slope as follows:

The maximum total permitted lot coverage for lots containing one (1) or more categories of steep slopes shall be computed as follows:

That part of the lot area containing slope category 4 slope x 50% x (maximum permitted lot coverage in the zone)

+ that part of the lot area containing slope category 3 slope x 63% x (maximum permitted lot coverage in the zone)

+ that part of the lot area containing slope category 2 slope x 83% x (maximum permitted lot coverage in the zone)

+ that part of the lot area containing slope category 1 slope x 100% x (maximum permitted lot coverage in the zone) = Total permitted lot coverage allowed on a lot.

The modification shall be determined by multiplying the total land area in various slope categories by the following factors:

The maximum number of dwelling units allowed on any tract shall be computed as follows:

Area of land with category 4 slopes x 0

+ Area of land with category 3 slopes x 0.5

+ Area of land with category 2 slopes x 0.67

+ Area of land with category 1 slopes x 1.0

= Total Land Available for Development (TLD)

Parking of Commercial Vehicles. Not more than one (1) commercial vehicle of a rated capacity not exceeding one and one-half (1 1/2) tons with two (2) axles not exceeding a front and rear axle, owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged on any residential lot, provided that said vehicle is kept in a private garage and shall not be permitted to be regularly parked or stored on or in the vicinity of any such premises in the open air. No commercial vehicle of a rated capacity of more than one and one-half (1 1/2) tons, whether owned or used by the resident of the premises or not, shall be regularly parked, stored or garaged on any premises in a residence zone district. For purposes of this chapter, a commercial vehicle is a bus and/or vehicle containing advertising matter intending to promote the interest of any business, whether or not said vehicle is registered as a "commercial" vehicle in the State of New Jersey or elsewhere, except that this provision shall not be deemed to limit the number of commercial trucks or cars used on a farm or construction equipment which is used on the site for construction purposes.

(Reserved)

Parking of Inoperable or Unregistered Vehicles. No motor vehicle which is incapable of being operated or which lacks proper motor vehicle registration plates affixed to such vehicle or which is not currently registered in the State of New Jersey or elsewhere shall be kept, stored, parked or maintained on a lot in any such zone other than in a garage or other building on the premises.

Lines. Public utility lines for the transportation, distribution or control of water, electricity, gas, oil, steam, cable television and telephone or telegraph communications are permitted throughout the Borough and need not necessarily be located on a lot.

Transformer and Junction Boxes. Public utility transformer and junction boxes are permitted throughout the Borough and need not necessarily be located on a lot, provided they are adequately screened with landscaping, fencing or a combination of the two (2) and do not exceed three (3) feet in height.

Community residences for the developmentally disabled, the terminally ill, or persons with head injuries and community shelters for victims of domestic violence, as such terms are defined in the MLUL, shall be a permitted use in any residential zoning district and shall be subject to the same standards and restrictions for single-family dwelling units located within the same district, provided that such residence or shelter houses no more than fifteen (15) persons excluding resident staff, in accordance with the provisions of N.J.S.A. 40:55D-66.1 and 66.2.

Family day care homes and child care centers, as such terms are defined in the MLUL, shall be permitted in the Borough in accordance with the requirements of the MLUL.

Any existing or proposed Borough-owned, operated, or controlled building, structure, facility, or use shall be permitted in any zoning district.

Public playgrounds, conservation areas, parks, open space uses shall be permitted principal uses in any zoning district.

Electrical and/or Electronic Devices. All electric or electronic devices shall be subject to the standards, rules and regulations promulgated by the appropriate State and/or Federal agency.

Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining zoning districts or streets. Unless required by law, no lighting shall be a rotating, pulsating or with other intermittent frequency.

Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewerage treatment plant that has received approval by the Department of Environmental Protection.

Noise. Noise levels shall not exceed the standards set forth in the General Code of the Borough of Watchung nor those standards established by the Department of Environmental Protection as they may be adopted and amended.

Odor. Odors due to nonagricultural and nonresidential uses shall not be discernible at the lot line or beyond.

Storage and Waste Disposal. No provision shall be made for the depositing of materials or waste upon a lot where they may be transferred off the lot by natural causes or forces or where they can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation, or where they will destroy aquatic life. Provision shall be made for all material or waste which might cause fumes or dust, which might constitute a fire hazard or which might be edible or otherwise attractive to rodents and insects to be enclosed in appropriate containers in order to eliminate such potential hazards. With respect to solid waste, each property owner shall:

Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless they comply with the minimum building setback requirements of this chapter and are equipped with baffles to deflect the discharged air away from the adjacent use.

Vibration. There shall be no vibration that is discernible to the human senses of feeling beyond the immediate lot line or beyond, except for quarry operations which shall be subject to N.J.S.A. 21:1A-139.

Dust. Dust due to nonagricultural and non-quarry operations shall not be permitted to escape beyond the immediate lot.

Radiation. No use shall produce levels of radiation in excess of the level established by the Radiation Protection Act, L. 1958, c. 116 (N.J.S.A. 26:2D-l et seq.) and any standards promulgated pursuant thereto by the New Jersey Department of Environmental Protection.

Air, Water, and Environmental Pollution. No use shall emit any pollutant into the ground, water or air that exceeds the most stringent applicable Federal, State or local statute, regulation and ordinance.

Nuisance. No use shall produce any nuisance, any identifiable source of injury or sickness, foul or noxious waters, gases or vapors that may be hazardous or injurious to the public health, safety and welfare.

All flag lots shall have a lot area of at least three (3) acres.

Required setbacks for flag lots, whether front, side or rear, shall be fifty (50) feet.

The access strip or "pole" shall constitute that portion of a flag lot which connects the main or "flag" portion of the lot to the street and which is lesser in width than the minimum required lot frontage of the zone. The access strip or "pole" portion of each flag lot shall be at least twenty-six (26) feet in width and shall be excluded from the calculation of minimum lot area. All impervious surface in the access strip or "pole" shall be counted towards the total permitted lot coverage of the lot.

Residential driveways located within the access strip or "pole" portion of a flag lot shall be set back no less than seven (7) feet from lot lines, except that where the driveway exceeds twelve (12) feet in width, the setback shall increase one-half (0.5) foot on each side for each one (1) foot that the driveway exceeds twelve (12) feet in width. Upon entering the main portion of a flag lot, the setback of a residential driveway shall be increased such that the residential driveway complies with the setback requirement of § 28-401W2b(1) within the principal building envelope starting at the required front yard setback.

The "flag" portion of any flag lot shall contain a principal building envelope that is at least fifty (50) feet in every direction.

All non-flag lots that are part of a subdivision containing a flag lot shall comply fully with all applicable area, dimensional and setback standards.

The total number of flag lots in any subdivision containing one (1) or more flag lots shall not exceed the number of lots that could have been permitted without variance, in the judgment of the Board having jurisdiction, if no flag lots were involved.

Prior to the creation of any flag lot, the Board having jurisdiction shall first determine that: (a) it will serve to reduce potential disturbance to the natural environment in comparison to a compliant subdivision without a flag lot; and (b) it will result in the placement of the potential new home(s) in an appropriate relationship to neighboring homes and other uses on surrounding properties.

General Provisions. The residential driveway and parking area requirements of this § 28-401W shall apply to and govern all present and future single-family residential uses including all grandfathered nonconforming uses and uses approved by variance.

Construction and Location of Driveway Entrances and Residential Driveways.

Construction and Location of Residential Parking Areas.

Residential Driveway And Parking Area Lighting General Regulations.

Waiver. The provisions set forth within this § 28-401W are designed as minimum requirements for the safety and welfare of the general public. However, if an applicant can demonstrate that, with reference to the application, that strict enforcement of §§ 28-401W2a and 28-401W3a will exact an undue hardship, the Zoning Officer, upon a written finding that the waiver will not constitute a threat to the safety and welfare of the general public, may permit such waiver or waivers as may be reasonable and within said general purposes.

Scope. Temporary accessory structures shall be subject to the regulations of this Section 28-401F, except where expressly regulated, otherwise, by this chapter.

Permit Required. No temporary accessory structure shall be erected prior to the issuance of a Zoning Permit. Applications for a permit for a temporary accessory structure shall be administered by the Borough Zoning Department.

Standards/Regulations for Temporary Accessory Structures.

Items Prohibited as a Temporary Accessory Structures: The following are prohibited as a temporary accessory structure:

Portable On-Demand Storage Structures.

Purpose. The purpose of this subsection is to address a portion of the Borough's Third Round affordable housing obligation consistent with the Order on Fairness and Preliminary Compliance Hearing and provides a realistic opportunity for the development of affordable housing units that will satisfy the Borough's affordable housing obligation under the New Jersey Supreme Court's Mount Laurel decisions.

Requirements. Accessory apartments, as that term is described herein and meeting the requirements of this Subsection 28-401AA, shall be permitted in association with existing single-family residences as a permitted accessory use in all districts provided the following requirements are satisfied:

Zoning Approval Procedure. Applicants for the creation of an accessory apartment shall submit for approval through the Borough's Zoning Permit approval process. The application shall include the forms required for a Borough Zoning Permit and all information necessary for the Zoning Officer to determine compliance with this subsection and other applicable zoning requirements (e.g., applicable building setbacks, building coverage, impervious coverage). Such information shall include, but may not be limited to, the following:

Administration. The following designations are made to administer various components of the accessory apartment program:

Purpose: The purpose of the Mandatory Affordable Housing Set-Aside requirement is to provide for affordable housing within residential developments above a certain density, which are not zoned for inclusionary development.

Mandatory Affordable Housing Set-Aside Requirements:

Purpose. The purpose of the Route 22 Affordable Housing Overlay District is to create a realistic opportunity for the creation of low and moderate-income housing as land becomes available for development or redevelopment in the Borough.

Area of the Borough to Be Included in the Overlay District. Block 64.02, Lot 3 and a portion of Block 64.02, Lot 5 as shown on the Route 22 Affordable Housing Overlay District Map.

Principal Permitted Uses. Multifamily dwelling units in one or more buildings as an inclusionary affordable residential development, provided that the provisions of paragraphs 5 through 8 below are met.

Permitted Accessory Uses.

Maximum Gross Density.

Affordable Housing Requirements.

Area, Yard and Other Bulk Requirements.

Maximum Building Height.

Roadways, Off-street Parking and Private Residential Garages.

Other Requirements.

Purpose. The purpose of this subsection is to allow for outdoor dining areas to be a permitted accessory use to all food establishments throughout the Borough.

Definitions. The following definitions shall apply to this subsection:

Permitted Accessory Use. Uses and structures associated with food establishments may be expanded to allow for outdoor dining which is on or adjacent to the business premises, subject to the regulations and conditions set forth herein.

Required Approvals. Any site modification required to provide for outdoor dining areas shall be subject to site plan approval from the appropriate land use board. Site plans shall include the design, dimensional boundaries of the proposed outdoor dining area, including any and all proposed tents, canopies, umbrellas, tables, chairs, barriers, and other fixtures.

Use of Sidewalks. Unless otherwise permitted by State law, the use of the public sidewalk for outdoor dining shall not be permitted. Subject to land use board approval, outdoor dining may be permitted on a private sidewalk.

Temporary outdoor heating sources. Temporary outdoor heating sources, such as heating lamps, electric or gas space heaters, gas fireplaces, chimineas or other like equipment, may be permitted within such outdoor dining areas subject to compliance with all applicable provisions of State laws and regulations and Borough ordinances.

Temporary Lighting. Temporary lighting may be permitted provided such lighting is limited to the outdoor dining area, with no spillage onto neighboring/adjacent properties or businesses, unless lack of such lighting would create a safety hazard, and subject to compliance with all applicable provisions of State laws and regulations and Borough ordinances.

Alcoholic Beverages. The sale/service of alcoholic beverages in outdoor dining areas is subject to compliance with any and all applicable rules, regulations, or special rulings of the Division of Alcoholic Beverage Control.

No nonconforming use shall be expanded, increased or extended to occupy a greater area of land.

No structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal for variance relief. The addition or subtraction of lands associated with a structure containing a nonconforming use shall require variance approval pursuant to N.J.S.A. 40:55D-70d.

Structural alterations, internal rearrangements, renovations and/or structural additions may be made to a nonconforming structure provided the structure does not contain a nonconforming use and provided such alterations, rearrangements, renovations and/or additions do not exacerbate the nonconforming condition and otherwise fully comply with the requirements of this chapter.

Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or to a structure containing a nonconforming use provided no such repairs or maintenance work shall increase the nonconformity in any manner and shall otherwise fully comply with the requirements of this chapter.

Should any nonconforming structure, except for a detached single-family dwelling unit, or any structure containing a nonconforming use be destroyed by any means by at least fifty percent (50%) as determined by the Construction Official, it shall not be reconstructed except in conformity with the provisions of this chapter. Any nonconforming single-family detached dwelling unit which was destroyed more than fifty percent (50%) may be rebuilt or restored provided the following conditions are met:

Reconstruction of a nonconforming structure or structure containing a nonconforming use that is destroyed less than fifty percent (50%) may be restored to its prior condition provided that it may not enlarge the previously existing nonconformance.

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any condition which has been declared unsafe by the Code Enforcement Officer.

Detached single-family dwelling units.

Farms, provided that said use shall have a minimum lot area of five (5) acres.

Public and private nonprofit schools.

Public playgrounds, conservation areas, parks, open space and public purpose uses.

Houses of worship.

Golf courses provided said use shall have a minimum of one hundred (100) acres.

Membership swim clubs as a conditional use.

Accessory structures in accordance with § 28-401.

Private residential swimming pools, bathhouses, cabanas or other structures customarily incidental to a private swimming pool, provided that the pool is located in the rear yard only, is no closer than twenty (20) feet to any lot line and occupies no more than seventy-five percent (75%) of the rear yard area.

Private tennis courts and other usual recreational facilities and landscaping features, such as trellises and gazebos, customarily associated with residential dwelling units.

Residential tool sheds not exceeding twelve (12) feet in height and/or four hundred (400) square feet in total area used for only the storage of objects owned by the residents of the property.

Off-street parking and private residential garages, either attached or detached.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

(Reserved)

Professional resident home offices in accordance with § 28-401C.

See § 28-503 for parking requirements.

Detached single-family dwelling units.

Public and private nonprofit schools.

Public playgrounds, conservation areas, parks, open space and public purpose uses.

Houses of worship.

Accessory structures in accordance with § 28-401.

Private residential swimming pools, bathhouses, cabanas or other structures customarily incidental to a private swimming pool, provided that the pool is located in the rear yard only, is no closer than twenty (20) feet to any lot line and occupies no more than seventy-five percent (75%) of the rear yard area.

Private tennis courts and other usual recreational facilities and landscaping features, such as trellises and gazebos, customarily associated with residential dwelling units.

Residential tool sheds for the storage of objects owned by the residents of the property, each not exceeding four hundred (400) square feet in area and twelve (12) feet in height.

Off-street parking and private residential garages, either attached or detached.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

Professional resident home offices in accordance with § 28-401C.

No principal building shall exceed thirty-five (35) feet in height and two and one-half (2 1/2) stories.

Houses of worship shall not exceed thirty-five (35) feet in height and two and one-half (2 1/2) stories except further as permitted in § 28-401D of this chapter.

See § 28-503 for parking requirements.

Retail business activities of the following type:

Banks.

Professional offices, photographic studios and real estate offices.

Restaurants and cafes, provided that no food is consumed out of doors.

Off-street loading and parking and private nonresidential garages, either attached or detached.

Storage buildings not exceeding two hundred (200) square feet in size and fifteen (15) feet in height.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

No principal building shall exceed thirty-five (35) feet in height and two and one-half (2 1/2) stories.

No accessory building located within the principal building envelope shall exceed twenty-five (25) feet in height and two (2) stories.

No accessory building located outside the principal building envelope shall exceed fifteen (15) feet in height and one (1) story.

One (1) building may contain more than one (1) use provided that the total building coverage and lot coverage of the combined uses does not exceed the maximums specified for the district and, further, that each use occupies a minimum gross floor area of five hundred (500) square feet.

Unless otherwise specifically approved by the Board as part of a site plan application, no merchandise, product, equipment or similar material or objects shall be displayed or stored outside. Where merchandise, products, equipment or similar material or objects are approved by the Board to be displayed or stored outside, the materials shall be suitably screened to be obscured from view from adjacent residential uses and must be situated within the property lines of the principal use.

All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition.

All buildings shall be compatibly designed whether constructed all at one (1) time or in stages over a period of time. All building walls facing any street or residential use or district shall be suitably finished for aesthetic purposes and shall be compatible in design and scale to the surrounding residential areas.

The minimum setback area shall include a landscaped buffer strip of twenty (20) feet in width along any common property line with a residential district or use. Where topography, tree growth or other natural or man-made features exist to provide adequate year-round separation of residential and business uses, the Board may waive the buffer screening requirement.

At least the first five (5) feet adjacent to any lot line shall not be used for parking and loading and shall be planted and maintained in lawn areas or ground cover and landscaped with evergreen shrubbery.

Offices of professional occupations, including but not limited to, the offices of a physician, bookkeeper, surgeon, dentist, minister, architect, engineer, lawyer and accountant.

Photography studios.

Offices of an insurance agent, real estate broker, travel agent and stockbroker.

Funeral parlor.

Off-street loading and parking and private nonresidential garages, either attached or detached.

A storage building not exceeding two hundred (200) square feet in size and fifteen (15) feet in height.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

No principal building shall exceed thirty-five (35) feet in height and two and one-half (2 1/2) stories.

No accessory building located within the principal building envelope shall exceed twenty-five (25) feet in height and two (2) stories.

No accessory building located outside the principal building envelope shall exceed fifteen (15) feet in height and one (1) story.

One (1) building may contain more than one (1) use provided that the total building coverage and lot coverage of the combined uses does not exceed the maximums specified for the district and, further, that each use occupies a minimum gross floor area of five hundred (500) square feet.

Unless otherwise specifically approved by the Board as part of a site plan application, no merchandise, product, equipment or similar material or objects shall be displayed or stored outside. Where merchandise, products, equipment or similar material or objects are approved by the Board to be displayed or stored outside, the materials shall be suitably screened to be obscured from view from adjacent residential uses and must be situated within the property lines of the principal use.

All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition.

All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes and shall be compatible in design and scale to the surrounding residential areas. All buildings shall have a gable, hip, gambrel or mansard roof (or other dual pitched, single ridge roof).

The minimum setback area shall include a landscaped buffer strip of twenty (20) feet in width along any common property line with a residential district or use. Where topography, tree growth or other natural or man-made features exist to provide adequate year-round separation of residential and business uses, the Board may waive the buffer screening requirement.

At least the first five (5) feet adjacent to any lot line shall not be used for parking and loading and shall be planted and maintained in lawn areas or ground cover and landscaped with evergreen shrubbery.

Retail business activities of the following type:

Banks.

Professional offices, real estate and travel agent offices and general business offices of similar professional and service occupations.

Photographic studios.

Restaurants and cafes, provided that no food is consumed out of doors.

General service businesses, except that no sales, storage, or rental of goods or material shall be permitted.

Funeral parlors.

Service stations as a conditional use.

Off-street loading and parking and private nonresidential garages, either attached or detached.

Storage buildings not exceeding two hundred (200) square feet in size and fifteen (15) feet in height.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

No principal building shall exceed thirty-five (35) feet in height and two and one-half (2 1/2) stories.

No accessory building located within the principal building envelope shall exceed twenty-five (25) feet in height and two (2) stories.

No accessory building located outside the principal building envelope shall exceed fifteen (15) feet in height and one (1) story.

One (1) building may contain more than one (1) use provided that the total building coverage and lot coverage of the combined uses does not exceed the maximums specified for the district and, further, that each use occupies a minimum gross floor area of five hundred (500) square feet.

Unless otherwise specifically approved by the Board as part of a site plan application, no merchandise, product, equipment or similar material or objects shall be displayed or stored outside. Where merchandise, products, equipment or similar material or objects are approved by the Board to be displayed or stored outside, the materials shall be suitably screened to be obscured from view from adjacent residential uses and must be situated within the property lines of the principal use.

All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition.

All buildings shall be compatibly designed whether constructed all at one (1) time or in stages over a period of time. All building walls facing any street or residential use or district shall be suitably finished for aesthetic purposes and shall be compatible in design and scale to the surrounding residential areas. All buildings shall have a gable, hip, gambrel or mansard roof (or other dual pitched, single ridge roof).

The minimum setback area shall include a landscaped buffer strip of twenty (20) feet in width along any common property line with a residential district or use. Where topography, tree growth or other natural or man-made features exist to provide adequate year-round separation of residential and business uses, the Board may waive the buffer screening requirement.

At least the first five (5) feet adjacent to any lot line shall not be used for parking and loading and shall be planted and maintained in lawn areas or ground cover and landscaped with evergreen shrubbery.

Retail business activities.

Offices and office buildings.

Banks.

General service businesses, except that no sales, storage or rental of goods or material shall be permitted.

Restaurants and cafes, provided that no food is consumed out of doors.

Indoor theaters.

Indoor recreational uses, such as bowling alleys.

Shopping centers comprised of the preceding uses.

Regional retail shopping complexes on tracts of land at least seventy (70) acres in area in accordance with the applicable provisions of § 28-203 and of this section.

Funeral parlors.

Photographic studios.

Hotels and motels with a minimum of forty (40) units and with at least three (3) stories.

Public utility uses as a conditional use.

Off-street loading and parking and private nonresidential garages, either attached or detached.

Storage buildings not exceeding four hundred (400) square feet in size and fifteen (15) feet in height.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

Employee cafeterias limited in services to the employees of the principal use designated on the site plan as approved by the Board.

Business offices accessory to a permitted principal use.

Usual or customary ancillary uses associated with hotels and motels such as restaurants, cocktail lounges, meeting rooms and recreation uses, provided that all such accessory uses, except for recreation uses, are located within the principal building.

Drive-through windows for restaurants as a conditional use.

No principal building shall exceed thirty-five (35) feet in height and three (3) stories.

No accessory building located within the principal building envelope shall exceed twenty-five (25) feet in height and two (2) stories.

No accessory building located outside the principal building envelope shall exceed fifteen (15) feet in height and one (1) story.

One (1) building may contain more than one (1) use provided that the total building coverage and lot coverage of the combined uses does not exceed the maximums specified for the district and, further, that each use occupies a minimum gross floor area of seven hundred (700) square feet.

Unless otherwise specifically approved by the Board as part of a site plan application, no merchandise, product, equipment or similar material or objects shall be displayed or stored outside. Where merchandise, products, equipment or similar material or objects are approved by the Board to be displayed or stored outside, the materials shall be suitably screened to be obscured from view from adjacent residential uses and must be situated within the property lines of the principal use.

All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition.

All buildings shall be compatibly designed whether constructed all at one (1) time or in stages over a period of time. All building walls facing any street or residential use or district line shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted cinder block or concrete block walls.

No hotel or motel shall contain less than forty (40) units of accommodations. A permanent on-site superintendent's apartment of living quarters shall be permitted within a hotel or motel and shall not be included in the calculation of the number of units.

Each hotel and motel unit of accommodation shall provide a minimum of two (2) rooms; a bedroom and a separate bathroom. Each unit of accommodation shall contain a minimum floor area of two hundred fifty (250) square feet. No hotel or motel unit, except for the on-site superintendent's apartment, shall provide cooking facilities of any kind, excluding a microwave oven and coffee maker. There shall be a residency limitation on all guests of thirty (30) days maximum, provided that the residency limitation shall not apply to an employee living on the premises.

Where a use in the H-D District abuts a residential use or district, the minimum setback for any use, structure, parking or loading area, driveway or roadway shall be one hundred (100) feet, except that existing access roads are exempt if the roads are hundred (100) feet, except that existing access roads are exempt if the roads are utilized at the time of the adoption of this chapter to serve an existing permitted use. The minimum setback area shall include a landscaped buffer strip of sixty (60) feet in width along any common property line with a residential district or use.

At least the first twenty-five (25) feet adjacent to any street line and fifteen (15) feet adjacent to any lot line shall not be used for parking or loading and shall be planted and maintained in lawn area or ground cover and landscaped with evergreen shrubbery. A landscaped screening shall be required along the side and rear property lines to reduce the noise beyond the lot and to obscure headlights and site lighting and vision of the business activity.

The minimum tract size shall be seventy (70) acres, with at least one thousand (1,000) feet of frontage along United States Highway Route 22.

Adjacent vacant land in the R-R Rural Single-Family Residential Zoning District which is under the same ownership as the land within the H-D Highway Development Zoning District proposed for the regional retail shopping complex may be consolidated with the lands in the H-D Zoning District for the purposes of floor area ratio and lot coverage calculations only, subject to the following:

Except for allowances for emergency vehicular access as may be required by the Board having jurisdiction during its review of the submitted site plan, vehicular access to the site shall be restricted to United States Highway Route 22.

A regional retail shopping complex may include any combination of the following individual uses: any use engaged in the retail sale of goods and/or services; banks, including drive-in facilities; offices; restaurants; theaters; and any use of the land or buildings by the Borough of Watchung or any officially created authority or agency thereof.

The maximum floor area ratio shall be 0.30 and the maximum aggregate lot coverage of the lot by buildings, structures, parking areas, walkways and driveways shall be seventy percent (70%).

The minimum front yard building setback shall be seventy-five (75) feet, provided that the front yard building setback may be reduced to fifteen (15) feet where the Blue Star Drive conservation easement owned by the State of New Jersey separates the subject tract and the developable portion of the Route 22 right-of-way by a distance of at least seventy-five (75) feet and where adequate emergency vehicular access is provided.

The minimum front yard parking setback shall be twenty-five (25) feet, provided that the front yard parking setback may be reduced to five (5) feet where the Blue Star Drive conservation easement owned by the State of New Jersey separates the subject tract and the developable portion of the Route 22 right-of-way by a distance of at least twenty-five (25) feet.

The minimum rear yard building and parking setback shall be twenty-five (25) feet, provided that the rear yard building and parking setback may be reduced to zero (0) feet where the lands to be developed in the H-D Zoning District abut vacant lands under the same ownership in the R-R Zoning District which shall remain under the same ownership, which are at least twenty-five (25) feet deep and which have been consolidated for the purposes of floor area ratio and lot coverage calculations in accordance with this chapter.

More than one (1) principal building shall be permitted, provided that all buildings are separated by a minimum of twenty (20) feet when the separation area is to be used solely for pedestrian circulation or by a minimum of fifty (50) feet when any portion of the separation area is to be used for parking and/or vehicular circulation.

The maximum height of all buildings shall be thirty-five (35) feet, provided that, subject to review and approval by the Board having jurisdiction, skylights, cupolas, decorative towers, flagpoles, and penthouses or parapets for the housing and/or screening of stairways, ventilating fans, air conditioning equipment or other similar equipment required for the operation and maintenance of the building, may be erected above the thirty-five (35) foot maximum building height, but in no case more than seven (7) feet above the thirty-five (35) foot maximum building height.

Restaurants and theaters shall be provided parking at the ratio of one (1) space per every three (3) seats; all other uses shall be provided parking at the ratio of four and one-half (4 1/2) parking spaces per one thousand (1,000) square feet of net habitable floor area.

No merchandise, products, waste, equipment or similar material or objects shall be displayed or stored outside, except that up to twenty percent (20%) of the gross floor area of a building occupied by a single tenant may be unroofed if used for the storage of material offered for sale within the building or for the sales area for plants and garden supplies, provided that the unroofed area shall be completely walled and appear from the outside to be part of the roofed portion of the building.

All parking areas and walkways thereto and appurtenant passageways and driveways shall be adequately illuminated for security and safety purposes according to the following:

The development fees provided herein to be imposed upon developers of a Regional Retail Shopping Complex in the H-D Highway Development Zoning District shall be collectable from said developers only upon receipt by the Borough of Substantive Certification from COAH for the Borough's Housing Plan Element and Fair Share Plan. All development applications submitted or approvals granted prior to the receipt by the Borough of Substantive Certification from COAH shall be conditioned upon the developer or its successors and assigns paying said development fees in accordance with the provisions of this chapter. In accordance with the Substantive Rules of COAH, the development of a Regional Retail Shopping Complex shall be assessed a development fee equal to two percent (2%) of the equalized assessed value of the development, provided the following:

All of the other requirements of this chapter governing development within the H-D Highway Development Zoning District which are not contrary to the provisions specified in this section shall be met.

Quarrying, handling and processing of stone, sand and gravel, including transportation and storage, crushing, grinding, pulverizing and processing of raw materials and is limited to:

Uses and structures customary and incidental to the principal use; including but not limited to storage buildings, garages and toolhouses.

Fences and walls in accordance with § 28-502. Notwithstanding § 28-502M, fences shall be permitted within required buffers pursuant to § 28-609M.

Signs in accordance with § 28-504.

No principal building shall exceed thirty-five (35) feet in height.

No accessory building located within the principal building envelope shall exceed thirty-five (35) feet in height.

No accessory building located outside the principal building envelope shall exceed fifteen (15) feet in height.

Buffer Area and Building Setback Requirement. Buffer areas shall be provided around the perimeter of the quarry as depicted on Figure 5, Required Minimum Width of Buffers in QU Zone, which depicts the following minimum required buffers measured from the nearest edge of pavement of the adjoining roadway: 130 feet along Bonnie Burn Road (except along lot 6 where the buffer shall be 250 feet); 100 feet along Valley Road and 30 feet along New Providence Road. Such area shall not be quarried and shall contain no development, principal or accessory building or use. A maintenance roadway shall be permitted in the buffer area along Bonnie Burn Road but shall be located no less than 100 feet from the edge of the of pavement of Bonnie Burn Road, which shall be increased to no less than 220 feet along lot 6. The screening indicated in § 28-609M shall also be permitted within the buffer. Also permitted within the buffer shall be an access road, which shall be as nearly as perpendicular as practicable to the adjoining roadway and approved by the Board having jurisdiction, which shall give due consideration to the design of the road, its effect on existing Borough roads and residential areas, suitable traffic safety conditions and the type and burden of traffic that will result. All interior roads shall be maintained at all times so as to be kept free of dust. No quarrying shall be permitted on lots in Block 78.01.

Landscaping Requirement. In order to protect the well-being of adjacent properties and districts and to minimize the effects of the district upon the neighborhood and the Borough, the required buffer shall comply with the quarry design standards of § 28-609M, Buffer Design Standards in Quarry Zone.

Parking Setback. Existing off-street parking on Lot 4 located within the required buffer area indicated in Subsection 28-411E1 shall be permitted to remain. However, no new or expanded off-street parking area shall be constructed in the zone unless in compliance with Subsection 28-411E1.

Site Plan Approval Required. Site plan approval shall be obtained prior to the commencement of any new quarry activity that extends within 100 feet of the buffer areas required in Subsection 28-411E1 and prior to the commencement of any quarry activity on lot 6. The site plan submittal shall contain all information necessary for the Board having jurisdiction to determine compliance with this section and § 28-609M, Buffer Design Standards in Quarry Zone. Specifically, the application shall include the information required by § 28-609B, Landscape Plan Required, and shall include all information required for Preliminary and Final Major Site Plans including but not limited to items 32, 33 and 39 in the Preliminary Major Application Checklist. The Board having jurisdiction may waive submittal of information deemed not relevant to the application. The landscape plan shall be prepared by a landscape architect certified by the New Jersey State Board of Landscape Architects.

Uses and structures customary and incidental to the principal permitted use including, but not limited to private residential garages, swimming pools, tennis courts, greenhouses, cabanas, bathhouses, or other structures incidental to a swimming pool and/or tennis courts.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

No building or structure shall be located closer than fifty (50) feet from the right-of-way line of any existing street or twenty (20) feet from any sideline.

The minimum distance between structures shall be one-half (1/2) the sum of the height of the adjacent structures, except that a minimum of fifteen (15) feet shall be maintained when structures abut end to end.

The minimum number of dwelling units in a building shall be four (4) and the maximum number of dwelling units in a building shall be twenty-four (24), except that the number of units in a congregate care building may exceed twenty-four (24).

The minimum net habitable floor area per dwelling unit shall be six hundred fifty (650) square feet, except that congregate care units shall comply with New Jersey Housing and Mortgage Finance Agency (NJHMFA) standards.

The maximum building coverage: thirty percent (30%).

All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas.

Architectural building elevations and floor plans for each typical building shall be submitted as part of the site plan application.

No on-street parking shall be permitted.

Off-street parking may be permitted under or within a building structure provided that the building shall not exceed the maximum building height.

Number of Required Parking Spaces per Unit: Two (2) spaces; except congregate care units: one and five-tenths (1.5) spaces. A garage space shall be deemed one (1) parking space, and a driveway having a minimum paved area of one hundred eighty (180) square feet shall also be deemed a parking space.

No parking area or driveway shall be located within ten (10) feet of any side property line.

Detached single-family dwelling units, provided that a maximum of twenty-one (21) dwelling units may be permitted.

Uses and structures customary and incidental to the principal permitted use including, but not limited to private residential garages, swimming pools, tennis courts, greenhouses, cabanas, bathhouses, or other structures incidental to a swimming pool and/or tennis courts.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

Professional resident home offices in accordance with § 28-401C.

A conservation easement not less than thirty-five (35) feet in width along the entire perimeter of the R-M-L II zoning district, except along the southerly border of the tract, wherein the width of the conservation easement shall be thirty-five (35) feet, or the distance between the southerly border of the district and the stream which traverses the district, whichever distance is greater. Said conservation easement and permitted uses as herein described shall be part of a deed restriction to be recorded in the Somerset County Clerk's office, and shall be considered as a condition of any developmental approval of the lands that are the subject matter of this zoning district. Said deed restriction and restrictive covenant shall run with the land and be enforceable by the Borough as well as the owners of property within two hundred (200) feet of said district. No construction, soil disturbance, or tree removal shall be permitted within the confines of the easements, subject to the right of the jurisdiction to set forth standards as proceeding for developmental approval to:

All residential dwellings shall be connected to and serviced by a public sewer system.

No street or cul-de-sac, right-of-way, or any part thereof shall be located less than thirty-five (35) feet from the perimeter property line of the tract except as permitted by § 28-413E1a above.

All other provisions and standards required under paragraph B of the "Developers Mount Laurel Agreement" dated the 25th day of August, 1988, which Developers Agreement has been recorded in the office of the Clerk of Somerset County, same having been approved by the Borough Council of the Borough of Watchung and the New Jersey Council on Affordable Housing, shall be considered as additional standards and conditions of the within designated zone.

See § 28-503 for parking requirements.

Detached single-family dwelling units, provided that a maximum of twelve (12) dwellings may be permitted.

Uses and structures customary and incidental to the principal permitted use including, but not limited to private residential garages, swimming pools, tennis courts, greenhouses, cabanas, bathhouses, or other structures incidental to a swimming pool and/or tennis courts.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

Professional resident home offices in accordance with § 28-401C.

No structure, appurtenance, pavement or any other disturbance of natural conditions shall be permitted within thirty-five (35) feet of the side or rear property lines of each subdivided lot resulting from any developmental approval of the lands in the within district, where such a side or rear property line borders on a single-family lot in existence before August 25, 1988. Said thirty-five (35) foot buffer shall be in the form of a dedicated conservation easement along the perimeter lines of the tract. Said conservation easement and permitted uses as provided for in this zone district, and as above set forth, shall be part of a deed restriction to be recorded in the Somerset County Clerk's office, and shall be considered as a condition of any developmental approval of the lands that are the subject matter of this zone district. Said deed restriction and restrictive covenant shall run with the land and be enforceable by the Borough as well as owners of properties listed on Schedule 1 annexed to the "Developers Mount Laurel Agreement" hereinafter referred to. It is the intended purpose of said conservation easement that no structure, appurtenance, pavement or any other disturbance of natural conditions may be placed or permitted within said easement, subject only to the approved exceptions by the Board having jurisdiction wherein a lot owner through which the easement traverses shall have the right to maintain the easement, remove dead trees, bearing in mind that the intent and purpose of the conservation easement is to maintain a natural buffer between the subdivided lots on the lands which are the subject matter of the within zoning district and adjoining property owners.

All residential dwellings shall be connected to and serviced by a public sewer system.

No street, cul-de-sac, right-of-way, or any part thereof shall be located less than fifty (50) feet from the perimeter property line of the zone district.

All other provisions and standards required under paragraph C of the "Developers Mount Laurel Agreement" dated the 25th day of August, 1988, which Developers Agreement has been recorded in the office of the clerk of Somerset County, same having been approved by the Borough Council of the Borough of Watchung and the New Jersey Council on Affordable Housing, shall be considered as additional standards and conditions of the within designated zone.

See § 28-503 for parking requirements.

Uses and structures customary and incidental to the principal permitted use including, but not limited to private residential garages, swimming pools, tennis courts, greenhouses, cabanas, bathhouses, or other structures incidental to a swimming pool and/or tennis courts.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

Professional resident home offices in accordance with § 28-401C.

See § 28-503 for parking requirements.

Uses and structures customary and incidental to the principal permitted use including, but not limited to, private garages, swimming pools, tennis courts, greenhouses, cabanas, bathhouses or other structures incidental to swimming pools and/or tennis courts.

Off-street parking and private residential garages, either attached or detached.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504.

Minimum setback distance of any structure from existing street: fifty (50) feet.

Minimum building setback from any property line: twelve (12) feet.

Minimum setback of parking from any property line: twenty-five (25) feet.

Minimum floor area per unit: nine hundred (900) square feet.

Maximum building height: thirty-five (35) feet or three (3) stories.

Minimum number of units per structure: four (4).

Maximum number of units per structure: ten (10).

Minimum distance between structures: twenty (20) feet.

Maximum percent building coverage: thirty percent (30%).

Floor plans and building elevation plans for each typical development shall be required.

Other standards established in the Borough of Watchung Ordinance for the development of land not inconsistent with the standards contained in the Board of Adjustment approval.

Paved interior roadway: twenty-four (24) feet wide.

All other provisions and standards required under paragraph E of the "Developers Mount Laurel Agreement" dated the 25th day of August, 1988, which Developers Agreement has been recorded in the office of the Clerk of Somerset County, same having been approved by the Borough Council of the Borough of Watchung and the New Jersey Council on Affordable Housing, shall be considered as additional standards and conditions of the within designated zone.

Minimum total overall parking requirement: two and one-quarter (2 1/4) spaces per unit.

Parking space sizes:

Open space areas and recreational facilities as approved by the Board having jurisdiction as part of a site plan application for development, provided the following:

Off-street parking and private garages, provided the following:

Fences and/or walls may be constructed as approved by the Board having jurisdiction as part of a site plan application for development.

Minimum setback distance of any structure from existing street: fifty (50) feet.

Minimum building setback from any property line: thirty-five (35) feet.

Minimum setback of parking from any property line: twenty-five (25) feet.

Maximum number of units per structure: ten (10).

Minimum distance between structures shall be as follows:

Maximum percent building coverage: thirty percent (30%).

Maximum lot coverage: forty-five percent (45%).

A buffer area shall be provided within a property or site, adjacent to and parallel with the property line. The buffer area shall either consist of natural existing vegetation or be landscaped with trees, shrubs and/or earth berms, and/or retaining walls designed to continuously limit the view of and/or sound from the site to adjacent properties. The use of existing vegetation or landscaping shall be subject to the review and approval of the Board having jurisdiction. A fence may also be required by the Board in specified locations. No roadway shall be permitted to cross the buffer area except as necessary to permit access to and from the development. The buffer area shall be a minimum of twenty-five (25) feet deep, generally adjacent to the perimeter lot line and situated within the thirty-five (35) foot setback from the property line.

The use, ownership and occupancy of dwellings in the R-M-L VI Zoning Districts shall be by persons fifty-five (55) years of age or older only ("permissible occupant"), subject to the following exceptions consistent with the requirements of the Federal Fair Housing Act:

Each building shall have an architectural theme designed to provide attractiveness to the development and compatibility with surrounding land uses. All buildings shall have single ridge roof lines and no flat roofs shall be permitted. Architectural elevations and typical floor plans shall be submitted to the Board for its review and approval as part of a submitted site plan application.

All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of a certificate of occupancy.

All site improvements shall be constructed in accordance with RSIS.

Inclusionary developments shall comply with all of the requirements of Article 28-1000.

All market rate units shall be for sale.

Within each inclusionary development, there shall be a set aside (either paragraph a or b below) of affordable housing for low and moderate income households as follows:

Cemeteries.

Uses and structures customarily incidental to the principal permitted use including, but not limited to, mausoleums, columbaria, mortuary facilities, and chapel facilities.

Off-street parking, subject to the setback requirements for accessory buildings.

Fences and walls in accordance with § 28-502.

Signs in accordance with § 28-504 including one (1) freestanding identification sign in accordance with §§ 28-504F2 and 28-504F8.

Purpose. The purpose of the Somerset Street/Watchung Avenue Affordable Housing Overlay District is to create a realistic opportunity for the development of affordable housing in accordance with the June 7, 2018, Settlement Agreement between the Borough of Watchung and the Fair Share Housing Center, Inc., and the September 19, 2018, Order on Fairness and Preliminary Compliance Hearing by the Superior Court of New Jersey Law Division Somerset County, Docket No. SOM-L-902-15.

Application of Requirements. The Somerset Street/Watchung Avenue Affordable Housing Overlay District permits mixed-use redevelopment consisting of first-floor commercial uses and residential units above within the "Triangle" area bounded by Watchung Avenue, Somerset Street and Johnston Drive. Consistent with the purpose of the district, such mixed-use development shall only be permitted in conjunction with the provision of affordable housing pursuant to § 28-419D, Affordable Housing Requirements. The requirements of the underlying Neighborhood Business (B-A) Zoning District shall remain in full effect in the area encompassed by this overlay district unless an application is proposed consistent with the requirements of this overlay district. The requirements of this overlay district shall only be applicable to the lands involved in such a mixed-use development application. Lands not included in such a mixed-use development application shall continue to be subject to the requirements of the underlying zoning district.

Principal Permitted Uses. Mixed-use development consisting of commercial development on the first floor and residential units above. Permitted commercial uses on the first floor shall consist of the permitted uses specified in § 28-406.A with respect to the B-A District.

Accessory Uses Permitted.

For-Sale Units. Where for-sale units are provided, a minimum of 20% of the total number of units shall be affordable to low-and moderate-income households, with at least 50% of the affordable units available for households earning 30% or less of the applicable median income limit and 13% of the affordable units available for households earning 30% or less of the applicable median income limit. For the purpose of this section, fractional results shall be rounded to the nearest whole number (e.g., 2.4 would equal a requirement for two affordable units, while 2.5 would result in a requirement for three affordable units).

For-Rent Units. Where rental units are provided, a minimum of 15% of the total number of units shall be affordable to low- and moderate-income households, with at least 50% of the affordable units available for households earning 30% or less of the applicable median income limit and 13% of the affordable units available for households earning 30% or less of the applicable median income limit. For the purpose of this section, fractional results shall be rounded to the nearest whole number (e.g., 2.4 would equal a requirement for two affordable units, while 2.5 would result in a requirement for three affordable units).

The low- and moderate-income units shall be distributed throughout the development, not concentrated in any one building.

Section 28-1000, Affordable Housing, shall apply.

No principal building shall exceed 35 feet in height and 2 1/2 stories.

No accessory building located within the principal building envelope shall exceed 25 feet in height and two stories.

No accessory building located outside the principal building envelope shall exceed 15 feet in height and one story.

Unless otherwise specifically approved by the Board as part of a site plan application, no merchandise, product, equipment or similar material or objects shall be displayed or stored outside. Where merchandise, products, equipment or similar material or objects are approved by the Board to be displayed or stored outside, the materials shall be suitably screened to be obscured from view from adjacent residential uses and must be situated within the property lines of the principal use.

All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition.

All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential use or district shall be suitably finished for aesthetic purposes and shall be compatible in design and scale to the surrounding residential areas.

At least the first five feet adjacent to any lot line shall not be used for parking and loading and shall be planted and maintained in lawn areas or ground cover and landscaped with evergreen shrubbery.

Multifamily dwelling units (apartment units) in one or more buildings as an inclusionary housing development, but not to exceed a total of 230 dwelling units within the zone.

Twenty percent of the total number of dwelling units in the zone shall be reserved for rental occupancy as affordable housing units. The provision of affordable housing shall be consistent with all applicable rules of the Council on Affordable Housing (COAH) and the Uniform Housing Affordability Controls (UHAC), including requirements of phasing and bedroom distribution. There shall be no more three-bedroom affordable units than the minimum number of units required by COAH regulations. At least 13% of the affordable units shall be very-low-income housing as defined by the New Jersey Fair Housing Act. The low- and moderate-income units shall be distributed throughout the complex and not concentrated in any one building.

The market-rate units shall consist only of one-bedroom and two-bedroom units. A minimum of 20% of the market-rate units shall consist of one-bedroom units.

Uses and structures customary to the principal permitted use, including, but not limited to, private residential garages, parking areas, refuse and recycling areas, swimming pools, tennis courts, clubhouses for residents, management offices, leasing offices, walking/jogging trails, recreation facilities, and dog runs.

All accessory structures except permitted fences, signs, retaining walls and bus shelters shall be located at least 100 feet from the zone boundary line.

Fences and walls in accordance with § 28-502 and as follows:

Signs may be provided in accordance with § 28-504 of the Borough LDO and as follows:

The height of the buildings shall be consistent with that depicted on Map 6 and Map 7, Concept Height Sections, which includes cross sections of all building types. On Lots 19.01 and 19.02 in Block 7402, the maximum building height shall be 38 feet and shall not exceed two exposed stories on the upper side of the building nor exceed three exposed stories on the lower side of the buildings. On Lots 5 and 10 in Block 7403, the maximum building height shall be 48 feet and shall not exceed three exposed stories on the upper side of the building nor exceed four exposed stories on the lower side of the buildings.

Building height in feet shall be the vertical distance measured from the average finished grade at the perimeter of the foundation calculated at twenty-foot increments to the mean level between the eaves and the highest point of the roof in the case of pitched roofs.

Building height in stories shall be measured counting as a story the space between the upper surface of any floor and the upper surface of the next floor above it or, if there is no floor above it, then the surface between the floor and the ceiling next above it. Space under a sloped roof that is not habitable and space partially or fully below grade that is not habitable under the State Uniform Construction Code shall not be considered a story or part of a story.

On Lots 19.01 and 19.02 in Block 7402, no building shall contain more than 44 dwelling units or be greater than 300 feet in length. On Lots 5 and 10 in Block 7403, no building shall contain more than 64 dwelling units or be greater than three hundred (330) feet in length.

The minimum required lot area shall be 39 acres. No subdivision of the site shall be permitted.

Residential buildings within the development shall be set back from the perimeter of the site the distances indicated on Map 4, Buffer Diagram and Concept Plan, except that in the review of the site plan application the Planning Board may permit the setback of one or more of the buildings to be reduced to a minimum of 100 feet from the site perimeter if such lesser setback is necessary to achieve the proposed site plan.

Residential buildings within the development shall be separated from one another a distance of no less than 60 feet.

No residential building shall be located closer than 15 feet to the cartway of a principal circulation drive within the development.

The maximum lot coverage (impervious coverage) shall be 40% of the site area. Any land area that may be dedicated for road right-of-way purposes or dedicated for preserved open space shall not be deducted from the calculation of the maximum permitted lot coverage.

The maximum building coverage shall be 20% of the site area. Any land area that may be dedicated for road right-of-way or dedicated for preserved space shall not be deducted from the calculation of the maximum permitted lot coverage.

Approximately 28% of the total site area, which includes delineated wetlands, wetlands buffer area, stream and stream riparian buffer area, shall be maintained in a natural state and undisturbed.

A minimum of 60% of the site shall be pervious surfaces. Any disturbed areas that are designed as pervious surfaces shall be replanted in accordance with the approved site plan.

An eighty-foot-wide buffer shall be established along the northwesterly property boundary of Lots 19.01 and 19.02 in Block 7402. All other tract boundaries shall have a minimum buffer width of 50 feet. Where driveways, parking areas, walkways and utility lines are needed to service the development, such as linear improvements, may cross required buffer areas, provided such instructions are minimized. Stormwater detention basins and other stormwater management features and facilities may be constructed within required buffer areas, provided that a minimum undisturbed buffer area of at least 40 feet is established along the exterior tract boundary as described in Map 4, Buffer Diagram and Concept Plan. Permitted within required buffer areas are retaining walls, fencing along property boundaries and associated safety fencing.

The buffer shall comply with landscape standards under § 28-609E, except as modified by this redevelopment plan as follows:

Permitted recreation amenities shall include, but not be limited to, a resident clubhouse, resident lounge, a fitness center, a private conference room, an outdoor swimming pool, complimentary Wi-Fi throughout the common areas, pet-friendly features, a smoke-free environment, and a recreation area serving children of various ages.

Required recreation amenities shall include a recreation facilities building/clubhouse with a minimum gross floor area of 5,000 square feet, a fitness center, an outdoor swimming pool, and a recreation area serving children of various ages.

The site plan submission shall include a proposed program for on-site security. The program shall include a permanent on-site resident superintendent and shall include consideration of some combination of the following: security camera system and a key-fob security system controlling entrances to buildings and individual apartments.

Section 28-505A, Recreation Required for Multifamily Development, shall apply, except that:

Parking shall be provided in accordance with the Residential Site Improvement Standards, N.J.A.C. 5:21-1 et seq. De minimis exceptions may be considered by the Planning Board to advance the purposes of this redevelopment plan in accordance with the de minimis exception standards authorized by the Residential Site Improvement Standards.

Parking spaces shall be located at least 10 feet from a residential building within the development; except where a parking space also provides access to an enclosed garage, no such setback shall be required.

Parking lot design shall comply with § 28-607 unless superseded by the redevelopment plan requirements.

Section 28-609G, Parking Lot, Loading and Utility Area Landscaping, shall be provided with the exception that parking under the buildings will require permitted modifications of the landscaping standards to accommodate the design.

The provisions of Chapter 24 of the Revised General Ordinances of the Borough of Watchung concerning tree preservation shall not apply to development within this zone except for portions of the tract required to be in buffer areas along the perimeter of the tract. Where tree removal and replacement are in accordance with an approved site plan, an inventory of trees for the entire lot or tract and within undisturbed portions of the required buffer area shall not be required. Tree replacement shall only be required for trees removed in required buffer areas as authorized by an approved site plan. However, to address site tree removal outside of the required buffer areas, a minimum of one shade tree measuring a minimum of two-and-one-half- to three-inch caliper shall be provided for each dwelling unit. This provision includes trees required for street tree and parking area plantings, but excludes the trees required for landscape buffers.

All residential buildings shall have similar facade treatments so that they are compatible with one another. Additionally, all sides of any one residential building shall have similar facade treatments.

Long buildings shall be broken into facade segments. Any building with a length of over 100 feet shall have offset facades at least every 30 feet created with setback or bump-out sections being 1.5 feet or more in depth.

A variety of materials and architectural features are encouraged to, for example, distinguish the first floor from higher floors, to distinguish top floors from lower floors, and to highlight building entrances.

The building design shall include a pitched roof design with a minimum pitch of 4:12.

Rooftop HVAC units, if employed, shall be aesthetically shielded by roof insets and appropriately buffered for noise.

Narrative Statement.

Traffic Impact Study. The redeveloper shall prepare and submit a traffic impact study as part of the site plan application for review by the Board that addresses the inclusionary development's traffic impact which includes the following:

Environmental Impact Statement and Site Assessment. The site plan submission shall include an Environmental Impact Statement (EIS) pursuant to § 28-804. The EIS shall be accompanied by a Phase I Environmental Site Assessment and a Phase II Environmental Site Assessment, if necessary. In this fashion, environmental remediation, if necessary, can be incorporated into the site plan approval.

The requirements of Article 28-600 shall apply unless specifically modified or waived by this redevelopment plan. This redevelopment plan explicitly excludes and does not incorporate the density reduction or steep slope management requirements in Chapter 23A, § 23A-4.2c of the Borough's Revised General Ordinances and § 28-401H of the Borough Land Development Ordinance. To the extent Article 28-600, § 28-603A2p of the LDO refers to the steep slopes requirements of Chapter 23A, such reference shall exclude the density reduction or steep slope management requirements in Chapter 23A, § 23A-4.2c and § 28-401H of the Borough Land Development Ordinance. Notwithstanding any requirements to the contrary, the following specific design requirements shall apply within the redevelopment area (to the degree other requirements in the Revised General Ordinances conflict), the following requirements shall apply to development on the site:

Construction Phasing. The site plan submission shall include a description of the construction phasing (e.g., relative timing of site clearing, grading, placement of utilities, building construction, etc.).

Weldon Quarry Lease Notice. A form of notice shall be included in all leases informing future development residents that Weldon Quarry is across Bonnie Burn Road and that it performs blasting on a regular basis. A draft shall be included with the site plan submission.

Sanitary Sewers and Other Utilities. The site plan approval shall be conditioned upon the redeveloper obtaining sewer capacity and lawfully extending the sewers to the development at its sole cost. All utilities are to be located underground.

The redeveloper is responsible for any cost incurred by the Borough to review the required one plan, and related traffic and environmental impact analysis.

Construction of the site shall comply with any and all applicable requirements and regulations related to blasting.

Development of the site shall be subject to the applicable requirements of the following Articles of the Borough LDO: 28-800, Development Application Review Procedures and Checklists; 28-900, Application Fees, Guarantees, Inspections and Off-Tract Improvements; and 28-1200, Administration, Penalties, Repealer, Validity.

The following items in the Preliminary Major Application Checklist shall be modified as follows: No. 12 (Tree Removal/Tree Replacement Application) shall not be required; and No. 32 (individual tree locations) shall be provided only in required buffer areas in areas adjacent to the homes located on Oakwood Road East and Mareu Drive bordering the site.

The development shall comply with all applicable requirements necessary for the Borough to address its affordable housing obligation, including but not necessarily limited to, recording of necessary deed restriction(s); affirmative marketing; bedroom distribution; low/moderate income split; and engagement of a qualified administrative agent.

Upon site plan approval, portions of the site that are to remain undeveloped (e.g., wetlands, wetlands buffer areas, buffer areas, and open space areas) shall be placed within a duly recorded conservation easement.

A deed restriction within that certain August 2, 1988, Developer's Mount Laurel Agreement is not consistent with the Order on Fairness and Preliminary Compliance Hearing, the Borough's Settlement Agreement with the Fair Share Housing Center, and this redevelopment plan. In cooperation with the Borough, the designated redeveloper shall file a motion to the Court issuing the Order on Fairness and Preliminary Compliance Hearing to remove that deed restriction. That certain Revised Final Plan for Oakwood Estates, filed on March 14, 2011, in the Somerset County Clerk's office as Map. No. 6408-1205, also conflicts with this redevelopment plan, and the Order on Fairness and Preliminary Compliance Hearing and the Borough's Settlement Agreement with the Fair Share Housing Center. This redevelopment plan supersedes any bulk requirements and density restrictions imposed by the plat for Oakwood Estates with regard to the redevelopment area. The redeveloper shall cause a corrective deed to be recorded memorializing this redevelopment plan's supersession of the bulk and density requirements imposed by the plat for Oakwood Estates.

The site plan shall be provided to the Environmental Commission for its review and comment to the Planning Board.

As stated above, the development will be a two-hundred-thirty-unit multifamily development. Forty-six of the units shall be low- and moderate-income ("affordable"), non-age-restricted rental housing units as defined by the New Jersey Fair Housing Act. No less than 13% of the 46 affordable units shall be low-income units as defined in the New Jersey Fair Housing Act. The development shall comply with the COAH and UHAC regulations and the Borough's LDO Article 28-1000, Affordable Housing Ordinance.

All units within the state will be deed-restricted for low and moderate family occupancy for a period of 30 years from the date of issuance of the certificate of occupancy. The controls will continue in accordance with UHAC after the first thirty-year period unless the Borough chooses to release the restrictions in accordance with UHAC. The redeveloper shall be responsible for all costs associated with the qualified Administrative Agent.