Borough of Rockaway, NJ Residence Districts

Editor's Note: Former Subsection F, Public buildings and public uses, except as provided in § 172-21, was repealed 5-14-1998 by Ord. No. 5-98.

Community residences and shelters for the developmentally disabled, for victims of domestic violence, for persons with head injuries and for the terminally ill pursuant to N.J.S.A. 40:55D-66.1.

[Amended 5-14-1998 by Ord. No. 5-98]

Family day-care homes per N.J.S.A. 40:55D-66.5b.

§ 172-51 Permitted accessory uses.

The following shall be permitted accessory uses in residence districts:

Signs conforming to Article IV, Signs, of this chapter.

Private garages as regulated in § 172-18.

Parking and parking facilities conforming to Chapters 170, Land Use Design and Performance Standards, and 171, Land Subdivision and Site Plan Review.

Private swimming pools; provided, however, that said pool shall not be closer than 10 feet to any side or rear lot line and, on corner lots, no part of any private swimming pool shall be constructed within the required front yard setback for either street.

Artificial lights used or maintained in connection with a private swimming pool shall be so located and the illumination shielded so that the direct source of light is not visible from any adjacent property.

No private swimming pool shall be used other than as an accessory use to the permitted principal residential use.

(Reserved)[1]

Editor's Note: Former Subsection E, which listed, as a permitted accessory use, not more than two roomers or boarders per dwelling unit, was repealed 11-9-2023 by Ord. No. 23-23.

Customary and usual residential storage structures.

Customary and usual residential appurtenances and structures such as patios, fireplaces, trellises, lamp posts and the like.

Outdoor storage as regulated in § 172-22.

Accessory uses customarily incident to the above uses, provided that they do not include any activity commonly conducted for gain unless specifically permitted in this section.

§ 172-52 Conditional uses.

[Amended 12-15-1997 by Ord. No. 14-97; 11-10-2022 by Ord. No. 25-22]

The following shall be conditionally permitted uses in all Residence Districts, subject to compliance with the following requirements for each principal building:

Front yard: 75 feet.

Rear yard: 50 feet.

Side yard: 25 feet.

Frontage: 200 feet.

Floor area ratio: 0.20.

(6)

Maximum impervious coverage of lot: 50%.

Churches and similar places of worship of recognized religious groups as defined in § 169-4.

Public and private schools teaching academic subjects.

Public libraries.

Public utility facilities.

Townhouse developments in the R-4 and R-5 Zone Districts only in compliance with § 172-55, Requirements for townhouses.

Community residences and shelters for the developmentally disabled, community residences and shelters for victims of domestic violence and community residences and shelters for persons with head injuries pursuant to N.J.S.A. 40:55D-66.1 of the Municipal Land Use Law.

§ 172-53 Compliance with scheduled requirements.

Except as otherwise provided in this chapter, the requirements and limitations contained in the Schedule of Zoning Requirements referred to in § 172-5 shall be complied with.[1]

Editor's Note: Said Schedule is located at the end of this chapter.

§ 172-54 Requirements for garden apartments.

The following requirements shall apply to all garden apartment developments:

Utilities. Each development shall be connected to the public sanitary sewer and water systems, as approved by the Borough Engineer. Fire hydrants shall be installed by the developer in adequate numbers and at locations recommended by the Borough Engineer.

Height. No building containing apartment units shall exceed two stories in height; provided, however, that in no event shall any apartment structure exceed 35 feet in height.

Yards. No building containing apartment units shall be closer than 35 feet to any abutting street right-of-way line nor closer than 35 feet to any other property line. Accessory structures and parking lots in the side and rear yards are permitted, provided that no accessory structure or parking lot is permitted in the driveway or a front yard.

Distance between buildings. There shall be a minimum distance of 30 feet between all buildings containing apartments; provided, however, that no dimension of an open courtyard formed by either one building or a group of buildings shall be less than 60 feet. A minimum distance of 15 feet is required between accessory structures.

Density. Each development shall have not less than 4,000 square feet average lot area per dwelling unit.

Lot area. Each development shall have a minimum lot area of 48,000 square feet.

Units per building. No garden apartment building shall contain more than 12 dwelling units.

Parking. Each development shall meet the off-street parking provisions of Chapter 171, Land Subdivision and Site Plan Review.

Rooms. Each development shall meet the following requirements:

Dwelling units shall not be permitted in basements; provided, however, that not more than 33% of the total volume of space of a dwelling unit shall be permitted in a basement.

Each dwelling unit shall contain at least one bedroom separate from the living area.

Floor area. All dwelling units shall conform to the following minimum floor area requirements exclusive of porches, staircases, basements, breezeways, balconies and attached garages:

One-bedroom units: 700 square feet.

An additional 200 square feet per dwelling unit for each additional bedroom over and above the initial seven-hundred-square foot unit.

Location. No dwelling unit shall be located above the second story of any structure.

Facilities.

Each dwelling unit shall contain complete cooking, toilet and bathing facilities. Bedrooms shall be separately partitioned and enclosed.

Each dwelling structure shall contain readily accessible interior storage area, exclusive of any closets, of at least 500 cubic feet per dwelling unit.

(3)

Each dwelling structure shall contain clothes washing and drying areas of at least 10 square feet of floor area per dwelling unit.

Landscaping and screening.

All outdoor areas shall be landscaped as required by the Land Use Board at site plan approval. All parking, service and storage areas for trash and recyclables shall be adequately screened and shielded from adjacent residential areas and located on the site as approved by the Land Use Board.

[Amended 12-13-2012 by Ord. No. 26-12]

Interior development roads and pedestrian walks shall be provided with shade trees. Open spaces adjacent to and between buildings, border strips along interior development roads and areas along the side of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material ground cover. Approaches to garden apartment dwelling structures and entrance areas shall be attractively shrubbed.

Lighting. Site lighting shall be provided to illuminate the premises at night and all wiring shall be laid underground. All lighting fixtures shall be so located and shielded so that the direct source of light is not visible from any residential areas as approved by the Land Use Board.

[Amended 12-13-2012 by Ord. No. 26-12]

Architecture and construction. The architecture employed shall be aesthetically congruous with the surrounding area, as approved by the Land Use Board. All buildings shall be constructed in accordance with the Uniform Construction Code.[1]

[Amended 12-13-2012 by Ord. No. 26-12]

The exterior of each building wall of each garden apartment dwelling structure shall be of solid brick or stone, brick, stone, aluminum or vinyl facing or other comparable durable building materials as permitted by the Uniform Construction Code and as approved by the Land Use Board. Exposed cinder block shall not be used for the exterior facing of any structure.

The exterior of all accessory structures shall harmonize architecturally with and be constructed of materials of a like character to those used in principal structures.

(3)

All stairways shall be constructed and contained within the apartment buildings.

(4)

There shall be between each garden apartment dwelling unit a soundproof fire wall constructed according to the specifications approved by the Borough Engineer and Construction Official as set forth in the Uniform Construction Code.

(5)

Each structure containing one or more dwelling units shall be provided with more than one exterior entrance from said structure.

Editor's Note: See Ch. 115, Construction Codes, Uniform.

Trash disposal. Every garden apartment development shall provide for a screened and accessible dumpster area for regular trash and garbage disposal. In addition, there shall be provided on each site separate containers or bins for residents to deposit glass, aluminum, newsprint and other recyclables to comply with mandatory recycling regulations.

Site plan approval. Prior to the issuance of any building permit, pursuant to this chapter, a site plan of the entire project as required in Chapter 171 shall be approved by the Land Use Board.

[Amended 12-13-2012 by Ord. No. 26-12]

§ 172-55 Requirements for townhouses.

[Amended 12-13-2012 by Ord. No. 26-12]

Townhouses shall be permitted as a conditional use within the R-4, R-5, O-B and H-C Zone Districts of the Borough of Rockaway. Townhouse developments shall be subject to site plan review and approval by the Land Use Board and subject to the following development standards and conditions:

Bulk and Dimensional Requirements
Minimum	Tract	Individual Lots
Tract size	2 acres	--
Lot area	--	2,000 square feet²
Lot width	250 feet¹	20 feet²
Lot depth	250 feet	100 feet²
Front yard	60 feet	25 feet²
Side yard	25 feet	20 feet²^,3
Rear yard	50 feet	25 feet²

Maximum	Tract	Individual Lots
Building coverage	20%	50%
Site coverage	40%	70%
Density (d.u./ac.)	6⁴	1
Building height	35 feet	35 feet
Building length	160 feet	--

¹Notes: The minimum tract lot width of 250 feet shall be measured at the required front yard setback and at the tract's street frontage. In no event shall the average tract lot width be less than 200 feet, which shall be measured within the minimum required lot depth of 350 feet.

²These figures apply to the individual lots for each townhouse unit. In the event that the individual dwelling unit lots are not to be subdivided in fee simple but are to be part of a condominium association arrangement or part of a rental plan, the required area for each dwelling unit shall be designated on the site plan as an imaginary line conforming to the lot requirements indicated.

³The minimum side yard requirements for individual townhouse lots apply only to end units on the buildings.

⁴If the computation of maximum site density results in a fraction of a dwelling unit of 0.5 or greater, the total may be rounded to the next higher number to permit a full unit.

§ 172-56 Site design and performance standards.

Architectural compatibility.

Each development shall have a compatible architectural theme throughout. The developer shall indicate to the Land Use Board how the following considerations have been incorporated into the design:

[Amended 12-13-2012 by Ord. No. 26-12]

(a)

Landscaping and buffering techniques.

(b)

Building orientation to the site and to other structures.

(c)

Topography.

(d)

Natural features such as wooded areas.

(e)

Drainage courses.

(f)

Soil conditions, including susceptibility to erosion.

(g)

Topographic relief.

(h)

Individual dwelling unit design in townhouses or the design of segments of individual structures in apartments, such as varying unit widths, staggering unit setbacks, different exterior materials, changing roof lines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades singularly or in combination.

All buildings shall be compatibly designed architecturally whether constructed all at one time or in stages over a period of time.

Those portions of all front, rear and side yards that are not used for off-street parking shall be attractively planted with trees, shrubs, plants and grass lawns and shall be continuously maintained.

Buffering shall be provided as follows:

Buffer strip. A landscaped buffer strip shall be established and maintained along all tract property lines. Such buffer strips shall be a minimum of 15 feet in width, except that a buffer strip along the front tract line shall be a minimum of 20 feet in width.

Screening and buffer strip. Whenever a townhouse development permitted herein abuts any single-family residential zone or use or any nonresidential use, the buffer strip required shall also contain screening such as dense hedges, decorative fencing or landscaped earth berms. Whenever a buffer strip is required it shall:

(a)

Be landscaped by the planting of grass and/or ground cover, shrubs and trees. Two shrubs and one tree shall be provided for each 500 square feet of area, or fraction thereof, of the buffer strip. If the buffer strip is naturally wooded in its entire width, it shall remain in its natural condition in place of the required shrubs and trees, and a perpetual conservation easement created to assure that the area will remain in its natural state.

(b)

Not contain parking areas or other accessory structures or uses except for decorative purposes or passive recreational purposes. Driveways necessary to serve off-street parking are permitted to cross required buffer strips.

(c)

Screening. Whenever screening is required, it shall, as a minimum, consist of dense hedges of deciduous, and at least 50% evergreen shrubbery, planted at 30 on center in a single row or at five feet on center in each of two staggered rows. If all evergreens are used, they may be planted at five feet on center in a single row or at 10 feet on center in each of two staggered rows. Plants shall be a minimum of six feet tall at the time of planting or, subject to Land Use Board approval, a solid fence or naturally durable material, such as cedar, cypress or redwood, not less than five feet tall and open to the ground not more than four inches above ground level, may be installed; or, subject to Land Use Board approval, a landscaped earth berm not less than five feet in height may be constructed.

[Amended 12-13-2012 by Ord. No. 26-12]

Shade trees. Shade trees shall be planted along all public streets and interior drives of townhouse developments as follows:

Trees shall be of nursery stock of an approved species, grown under the same climatic conditions as found at the location of the development. Trees shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated.

The average trunk diameter measured at a height of six feet above the finished grade level shall be a minimum of two to three inches, depending on good practice with reference to the particular species planted. Trees shall be planted at intervals of 40 to 50 feet apart, depending upon the species, along both sides of the street or drive, as the case may be.

(3)

All planting shall be done in conformance with good nursery and landscape practice.

Planting strips and islands. All planting strips or islands within street rights-of-way and interior site areas shall be finish-graded, properly prepared and seeded or sodded with lawn grass in conformance with good nursery and landscape practice. In the alternative, for maintenance purposes, they may be landscaped and stabilized with appropriate ground cover, decorative stone, bark or other suitable material as will be approved by the Land Use Board.

[Amended 12-13-2012 by Ord. No. 26-12]

Off-street parking. Parking shall be in accordance with the Residential Site Improvement Standards (RSIS) in N.J.A.C. 5:21-1.1 et seq., and as may be amended from time to time. No parking space shall be located within 15 feet of any side or rear property line of the tract nor within 20 feet of the front property line of any tract. All parking areas shall be designed in conformity with the requirements of Chapters 170 and 171.

[Amended 11-10-2022 by Ord. No. 25-22]

Site lighting.

Site lighting shall be provided in all areas of townhouse developments which are accessible to the public as follows:

	Area/Use	Average Maintained Footcandles
	Parking lots and access drives	0.4 to 1.0
	Pedestrian ways and sidewalks	0.5