West Orange City Zoning Code

Permitted Uses. The following uses shall be permitted within PURD and RC Districts.

Permitted Density. The density shall be computed on the basis of the entire contiguous tract owned by the applicant. The density of the development need not be uniformly applied to the entire site for which an application for a Planned Development is submitted, provided that all site design objectives and staging limitations established elsewhere in this section are adhered to by the applicant. The maximum density in the RC and PURD Districts shall be four dwelling units per gross acre.

Open Space Credit. "If a portion of land being part of a contiguous area, or adjacent to a P.U.R.D. or Cluster Zone is dedicated or restricted by the owner as a transitional strip, buffer or common open space, then the density for the area of the lands remaining in the P.U.R.D. zone or Cluster Zone may be computed by the Planning Board on the basis of the total acreage owned by the proposed developer to the allocations of such land for the transitional strip, buffer or common open space. In no case shall such transitional strip, buffer or common open space exceed 30% of the total land area included as part of the application." If the area has been used in the calculation of open spaces or buffering elsewhere, the area cannot be used again. Explanation: This provision allows, under certain circumstances, areas adjacent to P.U.R.D. or Cluster Zones to be included in the density computations for the P.U.R.D. or Cluster project.

The total amount of common open space within a Planned Residential District, including sidewalks, decorative paved areas, swimming pools, tennis courts and other recreational facilities, shall be not less than 20% of the total tract being considered.

The maximum impervious coverage (which term includes all roof areas, curbing, streets, roads, driveways and paved parking areas, but which does not include sidewalks, recreational areas, such as tennis courts, swimming pools, etc. or decorative paved areas) shall not exceed 50% of the total tract being considered.

Anything in the foregoing subsections to the contrary notwithstanding, not less than 20% of the total tract shall be natural open space which shall not contain any roads, parking lots or structures, or consist of required back yards.

All land which would be required for single house lots, under the minimum size requirements of this section, but is not so used under the permitted lot sized reduction provisions of this section, but is not so used under the permitted lot sized reduction provisions of this section must be devoted instead to common open space.

The location of common open space shall be subject to approval by the Planning Board or Zoning Board in accordance with the guidelines established under the site and design objectives included elsewhere in this section and in the Site Plan and Subdivision Ordinances.

Improvements to the common open space shall be determined by the Planning Board or Zoning Board with "D" variance and may include but shall not be limited to grading, drainage, planting, walkways, lighting and recreational facilities.

The municipality, by affirmative action of the Council, may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance. Common open space need not be dedicated to or made available for public use, in which instance the landowner shall provide for and establish an organization for the ownership and maintenance of any common open space and such organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the Township or other governmental agency.

In the event that the organization established to own and maintain common open space or any successor organization shall at any time after establishment of the "Planned Development" (PURD or RC) fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Township may serve written notice upon such organization or upon the residents, owners, developers or mortgagees of the development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. The notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of hearing thereon which shall be held within 14 days of the notice. At such hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within 50 days or any extension thereof, then the Township, in order to preserve the taxable values of the properties within the development and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of one year. The entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of the year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents and owners of the planned development, to be held by the municipal authority, at which hearing such organization or the residents and owners of the planned development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the municipal authority shall determine that such organization is not ready and able to maintain the common open space in reasonable condition, the municipality may, at its discretion, continue to maintain the common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the municipal authority in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned development that have a right of enjoyment of the common open space, and shall become a tax lien on the properties. The Township, at the time of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the planned development.

Requirements for single-family detached dwellings shall be as follows:

Townhouses (RC District) shall be permitted provided that the requirements of the subdivision ordinance are met, as well as the following:

Requirements for mixed forms of dwelling units in a PURD District.

In all cases where an RC District or a PURD District abuts any other residential zone, there shall be provided within the tract being developed as a PURD or RC, a natural state buffer zone consisting of only upgraded natural land contours and natural or filled in planting, of not less than 50 feet contiguous to the border of the other residential zone. The Planning Board may permit the following alterations to the natural state and none other.