[Added 11-13-2023 by Ord. No. 2326-23]
A.
The redevelopment plan is intended to promote and permit the development
of industrial flex space which would allow for multiple small-scale
industrial tenants to use and occupy a commercial building designed
specifically for smaller-scale operations in a manner consistent with
the redevelopment plan prepared by Burgis Associates and dated August
14, 2023, which is referenced herein in its entirety as if set forth
verbatim.
B.
The purpose and intent of this zone is to allow for the industrial
development of the site in a manner that will return the property
to productive use providing for industrial flex facility while resulting
in the environmental remediation of a contaminated industrial site.
In all situations, where development regulations are not specifically
addressed herein, the Borough of Hawthorne zoning regulations shall
remain in effect.
A.
Permitted principal uses shall be limited to the following:
(1)
Assembly operations limited to product assembly where previously
processed components or manufactured parts are produced off-site and
fitted together to form a complete noncombustible and nonexplosive
final product. Such activity occurs entirely within an enclosed building
and associated noise, odor, smoke, heat, glare and vibration are confined
entirely within the building.
(2)
Research and development facilities.
(3)
Computer and informational technology services.
(4)
Woodworking, including cabinet fabricators.
(5)
Contractor offices, including related accessory storage, provided
that all such storage is maintained indoors.
(6)
Artisan and craftsman involved in the creation of crafted artwork,
jewelry, sculpture, pottery, leathercraft, hand-woven articles, and
related items.
(7)
Photography studio.
B.
Permitted accessory uses:
A.
B.
Maximum occupiable space. To prevent occupancy by a single user,
no single user may occupy a maximum of 5,000 square feet of building
floor area within a building.
C.
Parking and loading requirements:
(1)
Assembly use: one parking space for each 400 square feet of
gross floor area or for each employee during a maximum shift, whichever
is less, but in no event shall there be less than a ratio of two spaces
for every three employees.
(2)
All other permitted uses, including ancillary office space:
one parking space per 300 square feet of gross floor area.
(3)
Where there are multiple uses proposed, the required parking
shall be the sum of each individual use.
(4)
Parking requirements may be reduced, at the discretion of the
approving body, to account for shared parking among uses. A parking
study shall be submitted by the applicant demonstrating that there
will not exist substantial conflict in the peak hours of parking demand
for the uses for which shared parking is proposed.
(5)
All parking areas shall be continuously maintained throughout
the duration of the use. In all cases the parking spaces and the entrance,
exit and maneuvering space shall be paved with a minimum of four-inch
standard macadam-type pavement and shall be properly drained.
(6)
A total area of 180 square feet, exclusive of driveways, is
hereby determined as the minimum space necessary for the parking of
a single motor vehicle in determining the total requirements set forth
in this plan and the minimum aisle width shall be no less than 24
feet for ninety-degree parking aisles.
D.
Loading:
(1)
At least one off-street loading space shall be maintained on
the premises for every building or use requiring the receipt or distribution
of materials or merchandise in vehicles.
(2)
Loading restricted in parking spaces. Trucks and other delivery
and shipping vehicles shall not be parked in loading spaces except
during the course of loading and unloading operations; provided, however,
that overnight parking of such vehicles is permitted, but only when
loading and unloading operations are not conducted during overnight
hours.
E.
Required buffers. A planted landscaped perimeter buffer shall be
provided subject to the following standards in addition to landscaping
requirements as set forth herein as follows:
(1)
No less than a twenty-five-foot planted buffer shall be maintained
along any portion of the property that abuts a residential zone or
residential property.
(2)
No accessory structures, parking, or storage of materials shall
be permitted within the required buffer. Circulation drives and underground
infrastructure are permitted within all required buffers, except that
not more than 10% of the required buffer shall be affected. All underground
utilities are permitted within required buffer areas.
(3)
Buffer areas. Buffers shall comply with the following standards:
(a)
Buffer planting shall provide year-round visual screen in order
to minimize adverse impacts from a site on an adjacent property or
from adjacent areas. It may consist of evergreen and deciduous trees
and shrubs, berms, boulders, mounds, or combinations thereof to achieve
the stated objectives as approved by the appropriate land use board.
While fencing may be installed to delineate the property line, the
use of fencing or walls shall not be relied upon as the primary source
of screening.
(b)
Where required, buffers shall be measured from property lines
and street rights-of-way. Compliance shall be determined by the Planning
Board, and any approvals required pursuant to this section shall be
obtained at the time of site plan. Buffer areas may overlap required
setbacks.
(c)
The landscaping shall be designed to provide a visual screen
along the majority of the buffer area. Planting shall be installed
at a variety of sizes which conform to the following minimum sizes:
(d)
Existing vegetation within the required transition buffer shall
be preserved to the extent feasible and as determined appropriate
by the Planning Board. It shall be supplemented with shade tolerant
naturalistic massed plantings where necessary to provide screening
of adjoining land uses.
(e)
Buffer areas shall be maintained in perpetuity.
F.
Solid waste and recycling. Provision shall be made for the orderly
deposit, storage and collection of trash, garbage and recyclable materials
in accordance with the requirements below:
(1)
Trash, garbage and recyclable materials stored outside a building
shall be stored in suitable containers and in fenced or walled enclosures.
Said enclosures may adjoin the rear wall of a building, may adjoin
a side wall of a building which does not face on either a street or
a residential district, or may be located in the rear yard and apart
from the building, provided that the setbacks for parking areas are
met. Said enclosures shall be screened from view from any adjoining
street or property when deemed necessary by the Planning Board.
(2)
The area for storage of trash, garbage and recyclable materials
shall be well-lit and shall be safely and easily accessible by collection
personnel and vehicles. Collection vehicles shall be able to access
the recycling area without interference from parked cars or other
obstacles.
(3)
Any trash, garbage and recyclable materials shall be so contained
as to be protected from the elements and to eliminate the potential
for accumulation or scattering of debris. Garbage of an animal or
vegetable nature, any trash or waste material that would attract vermin
and insects, and any other waste material which, by its nature, would
present a health hazard if exposed to the elements shall be stored
in airtight and/or leakproof, covered metal containers as may be necessary.
G.
Signage. Signage shall be in accordance with the relevant sections of Article XIX of the Borough Zoning Ordinance.
H.
Utilities.
(1)
Utilities services shall be placed underground.
(2)
Meters shall be located such that they are either interior to
the building or otherwise screened.
(3)
To the extend feasible, transformers, metering vaults and other
similar type appurtenances shall be integrated into the site design
and located so as to reduce their visibility from the public.
I.
Hours of operations. Hours of operations shall be limited to 7:00
a.m. to 8:00 p.m. Monday through Saturday. Sunday activity is prohibited
and is limited to office operations only that do not extend beyond
5:00 p.m.
J.
Operations and outdoor storage. All operations occurring on-site
shall occur within an enclosed building, and outdoor storage of any
kind is prohibited.
Development within the zone shall be subject to the following design standards. Relief from any required site design standard under § 540-209 shall be considered a design standard exception pursuant to N.J.S.A. 40:55D-51b and not a variance.
A.
Architectural design standards.
(1)
Building facade standards.
(a)
Permitted foundation materials: brick masonry, stone masonry,
cement-parged concrete block, split face block, tilt-up concrete.
(b)
Permitted facade materials: brick masonry, stone masonry, stucco,
metal panels.
(c)
Permitted facade accent materials: cast stone, wood, fiber-cement
trim, siding, and panels, composite trim, siding, and panels, architectural
metal.
(2)
Building articulation. Articulation requirements shall be met
in one or more of the following methods:
(a)
Facade offset with a minimum depth of two feet that extends
to within two feet of the full height of the facade.
(b)
Facade projection or recession with a minimum depth of four
inches and a minimum width of one foot that extends the full height
of the first story of the facade.
(c)
Buildings shall have simple massing and details in order to
clearly distinguish the main body of the building and the primary
pedestrian entry.
(d)
Building facades shall be built of no more than two primary
materials, excluding accent materials, and shall only change material
along a horizontal line (with the heavier material below the lighter
material), outside corners (where material wraps the corner a minimum
of two feet), or inside corners.
(f)
Materials, other than masonry, shall be painted, stained, or
have a factory-applied finish.
B.
Landscaping.
(1)
Landscaping shall be provided to promote a desirable visual
environment, to accentuate building design, define entranceways, screen
parking areas, mitigate adverse visual impacts and provide windbreaks
for winter winds and summer cooling for buildings, and enhance buffer
areas. The impact of any proposed landscaping plan at various time
intervals shall be considered. Plants and other landscaping materials
shall be selected in terms of aesthetic and functional considerations.
The landscape design shall create visual diversity and contrast through
variation in size, shape, texture and color. The selection of plants
in terms of susceptibility to disease and insect damage, wind and
ice damage, habitat (wet-site, drought, sun and shade tolerance),
soil conditions, growth rate, longevity; root pattern, maintenance
requirements, etc., shall be considered. Consideration shall be given
to accenting site entrances and unique areas with special landscaping
treatment. Flowerbed displays are encouraged.
(2)
Parking rows longer than 20 parking spaces should provide for
a landscape island to break the pavement where practical and feasible.
(3)
Landscaped islands should be at least six feet in width to accommodate
plantings.
(4)
Landscaping within sight triangles shall not exceed a mature
height of 30 inches.
(5)
Shade trees shall be pruned up to an eight-foot branching height
above grade.
(6)
All areas that are not improved with buildings, structures and
other man-made improvements shall be landscaped with trees, shrubs,
and ground cover.
(7)
Shade trees should be a two-and-one-half-inch to three-inch
caliper with a canopy height of at least the minimum American Nursery
and Landscape Association Standards for this caliper.
(8)
Ornamental trees shall be installed at a minimum size of six
feet in height.
(9)
Shrubs shall be planted at a minimum size of 18 to 24 inches.
(10)
All plant material shall meet the minimum latest American Nursery
and Landscape Association Standards.
(11)
Irrigation shall be provided for all buffer plantings and sodded
lawn areas in a manner appropriate for the specific plant species.
A growth guarantee of two growing seasons shall be provided and all
dead or dying plants shall be replaced by the applicant, as required,
to maintain the integrity of the site plan.
(12)
Landscape plantings. A minimum of 30% of the plantings proposed
shall be indigenous to the region.
(13)
Landscape plan content. A landscape plan shall be submitted
with each major site plan or major subdivision application. In addition
to the major site plan or subdivision submission requirements, the
landscape plan shall include and identify the following information:
(a)
Existing and proposed underground and aboveground utilities
such as site lighting, transformers, hydrants, manholes, valve boxes,
etc., existing wooded areas, rock outcroppings and existing and proposed
water bodies.
(b)
Location of individual existing trees noted for preservation
within the area of development and 30 feet beyond the limit of the
disturbance. Trees four inches in diameter (measured 4 1/2 feet
above the existing ground level) shall be located and identified by
name and diameter unless the wooded area is shown with a specific
limit line. In this case, specimen trees shall be located within 30
feet of the line. Indicate all existing vegetation to be saved or
removed.
(c)
Existing and proposed topography and location of all landscaped
berms.
(d)
Location, species and sizes of all proposed shade trees, ornamental
trees, evergreen trees and shrubs and areas for lawns or any other
ground cover. Different graphic symbols shall be used to show the
location and spacing of shade trees, ornamental trees, evergreen trees,
shrubs and ground cover. The size of the symbol must be representative
of the size of the plant shown to scale.
(e)
A plant schedule indicating botanical name, common name, size
at time of planting (caliper, height and spread), quantity, root condition
and any special remarks (spacing, substitutions, etc.) for all plant
material proposed. Plants within the plant schedule shall be keyed
to the landscape plan utilizing the first letter of the botanical
plant name.
(f)
Planting and construction details and specifications.
C.
Lighting.
(1)
All lighting fixtures and foot-candle standards for parking
areas and recreation facilities should be consistent with the standards
outlined by the Illuminating Engineering Society of North America
(IESNA) and regulations of the Borough of Hawthorne.
(2)
The intensity, shielding, direction and reflecting of lighting
shall be subject to site plan approval by the approving authority.
(3)
All parking areas, walkways, building entrances, and driveways
required for uses in this zone shall be adequately illuminated during
the hours of operation that occur after sunset. Any adjacent residential
zone or use shall be shielded from the glare of illumination from
site lighting and automobile headlights.
(4)
The use of creative lighting schemes to highlight building facades
and related areas of a site shall be encouraged. The use of traditional
style lanterns and similar fixtures shall also be encouraged. Exterior
neon lights and lighting generating glare and unnecessary night-glow
impacts shall be prohibited.
(5)
Whenever possible, light poles should be integrated into landscaped
islands.
D.
Green infrastructure.
(1)
All development shall be in accordance with the regulations set forth in the Borough's Zoning Ordinance, Articles X and XI, relating to environmentally sensitive areas and stormwater management. Site design is encouraged to incorporate green design elements to achieve the following goals: reduce stormwater volume, minimize impervious coverage, decrease and delay peak discharge, reduce pollution and recharge groundwater.
(2)
Various design elements may be incorporated into site design
with the following specifically low-impact development techniques
encouraged: rain gardens, bio-infiltration planters, infiltration
basins, vegetated swales and pervious paving.
A.
Applicability. The standards and procedures contained herein within
Administration shall apply to all projects within the designated redevelopment
area.
B.
Computations. Rounding: Where cumulative requirements or limitations
are to be computed for purposes of this plan, fractions shall be carried
forward in the summation, and the total rounded to the nearest whole
number.
C.
Other actions by the Borough in furtherance of the plan. Other actions
may be taken by the Borough to further the goals of the plan. These
actions may include, but shall not be limited to, provisions for public
infrastructure necessary to service new development and vacation of
public utility easements and other easements and rights-of-way as
may be necessary for development. Unless otherwise agreed to by the
designated developer and the Borough as part of a redevelopment agreement,
the costs for such actions shall be apportioned in accordance with
N.J.S.A. 40:55D-42.
D.
Approval process.
(1)
No development shall occur within the designated redevelopment
area without the developer first being designated redevelopment developer
by the Borough governing body.
(2)
Upon designation of a developer, the developer shall enter into
a redevelopment agreement with the Borough. Only a designated developer(s)
with an executed redevelopment agreement with the Borough shall have
standing to submit application to the Borough Planning Board for development.
No development nor application for development may occur within the
redevelopment area without an executed redevelopment agreement. As
part of the redevelopment agreement, the designated developer shall
indicate whether the proposed redevelopment project is intended for
rental or subdivision of units for individual sale. In the event of
any future or subsequent intention to subdivide units for sale from
an initial rental project, the redeveloper shall submit all related
documentation to the Borough for review prior to the subdivision of
units.
(3)
The designated redeveloper shall provide the Borough with a
comprehensive site remediation plan, including timetable demonstrating,
to the Borough's satisfaction, that the site is to be remediated
and existing environmental conditions are abated in a manner that
complies with applicable state statutes and NJDEP requirements.
(4)
Green technologies to promote sustainability are to be encouraged
as part of the redevelopment agreement.
(5)
Upon the execution of a redevelopment agreement with the Borough,
an application shall be made to the Borough Planning Board for site
plan approval in accordance with the redevelopment plan.
(6)
Site plan and subdivision review. Prior to commencement of construction,
site plans for the construction of improvements within the redevelopment
area, prepared in accordance with the requirements of the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) and consistent with the applicable
attachments to the redevelopment agreement, shall be submitted by
the designated developer for review and approval by the Borough Planning
Board. If there is a material change to the attachments to the redevelopment
agreement, such material changes must be approved by the Council as
a prerequisite to site plan approval.
(7)
A detailed traffic analysis shall be prepared and submitted by a qualified New Jersey licensed engineer whose primary practice is in the area of traffic engineering as a requirement for any site plan application filed in connection to any redevelopment project pursuant to Subsection D above. The traffic analysis will detail traffic generation and any required improvements to the public right-of-way as a result of proposed development.
(8)
Excepting de minimis field changes to an approved site plan
approved by the Borough Construction Code Official, no construction
or alteration to existing or proposed buildings shall take place until
a site plan reflecting such additional or revised construction has
been submitted to, and approved by, the Planning Board. This pertains
to revisions or additions prior to, during, and after completion of
the improvements.
(9)
The designated developer shall be required to provide the Borough
with copies of all permit applications made to federal, state and
county agencies upon filing such applications, as may be required
by the redevelopment agreement to be executed between the redeveloper(s)
and the Borough.
(10)
Deviations. The Planning Board may grant deviations from the
regulations contained within this redevelopment plan where, by reason
for exceptional narrowness, shallowness, or shape of a specific piece
of property, or by reason of exceptional topographic conditions, preexisting
structures or physical features uniquely affecting a specific piece
of property, the strict application of any area, yard, bulk or design
objective, or regulation adopted pursuant to this redevelopment plan
would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon, the developer of such property.
The Planning Board may also grant such relief in an application relating
to a specific piece of property where the purposes of this redevelopment
plan would be advanced by a deviation from the strict requirements
of this redevelopment plan and the benefits of the deviation would
outweigh any detriments. No relief may be granted under the terms
of this section unless such deviation or relief can be granted without
substantial detriment to the public good and without substantial impairment
of the intent and purpose of this redevelopment plan. An application
for a deviation from the requirements of this redevelopment plan shall
provide public notice of such application in accord with the requirements
of public notice as set forth in NJSA 40:55D-12a and b.
(11)
Notwithstanding the above, any changes to the uses permitted
in the zone, or any other deviation requiring a "d" variance shall
be permitted only by means of an amendment of the redevelopment plan
by the governing body.
(12)
Redevelopment actions. The Borough shall have such powers and
duties as set forth in the LRHL and as may be conferred by this redevelopment
plan, including, but not limited to, the authority to relocate residents
and businesses, to designate redevelopers, establish clear terms and
conditions for rehabilitation through the negotiation, execution,
and administration of redevelopment agreements, and to do such other
things as permitted by law.
(13)
Escrows. The redevelopment agreement shall provide that the
designated developer shall be responsible to post sufficient escrows
to cover the reasonable costs of the Borough and the professional
consultants retained by the Borough to negotiate the redevelopment
agreement, any other agreements associated with the project, undertake
any studies in connection with the project, review the proposed project
and advise the Borough on any and all aspects of the redevelopment
process and as otherwise set forth in the redevelopment agreement.
(14)
Infrastructure. In accordance with N.J.S.A. 40:55D-42 or as
may otherwise be required by the Borough and agreed to by the redeveloper
in the redevelopment agreement, the redeveloper shall, at redeveloper's
cost and expense, provide all necessary engineering studies for, and
construct or install all on- and off-site municipal infrastructure
improvements and capacity enhancements or upgrades required in connection
with traffic control measures, water service, sanitary sewer service,
stormwater management, and flood mitigation measures to the project,
in addition to all required tie-in or connection fees subject to appropriate
credits as required by law. In accordance with N.J.S.A. 40:55D-42,
or as may otherwise be required by the Borough and agreed to by the
redeveloper in the redevelopment agreement, the redeveloper shall,
at redeveloper's cost and expense, also be responsible for providing
all sidewalks, curbs, streetscape improvements (street trees and other
landscaping), street lighting, and on- and off-site traffic controls
and road improvements for the project or required due to the impacts
of the project. The redeveloper shall be required to receive all necessary
approvals for infrastructure, including at the county and state level,
as applicable.
(15)
This redevelopment plan may be amended from time to time upon
compliance with the requirements of state law and a request for same
may be submitted to the Borough Council. The Borough of Hawthorne
reserves the right to amend this plan. The redeveloper shall remit
an escrow for professional fees if it requests a plan amendment, while
the Borough shall bear its own professional fees if the plan amendment
request originates from the Borough or an agency of the Borough. The
Borough, at its sole discretion, may require the party requesting
the amendments to prepare a study of the impact of such amendments,
which study must be prepared by a professional planner licensed in
the State of New Jersey and other additional professionals.
(16)
The provisions of this redevelopment plan specifying the redevelopment
of the Schoon Avenue Redevelopment Zone and the requirements and restriction
with respect thereto shall be in effect for a period of 50 years from
the date of adoption of this redevelopment plan by the Borough Council.
(17)
Certificate of completion. Upon completion of a project, the
developer shall submit for a certificate of completion.
E.
Other applicable design and performance requirements. Any design
or performance standards not addressed within this redevelopment plan
shall rely on the applicable design and performance standards set
forth in the Land Development Code.
