20-5.13.6 Distribution and Locational Criteria.

a. To the extent reasonably attainable, the low and moderate income units shall be situated generally so as not to be in less desirable locations than other units in the development and shall be no less accessible to the common open space and public facilities (if provided) than the other units.

b . At a minimum, thirty-five (35%) percent of the low and moderate income units shall be two bedroom units, fifteen (15%) percent shall be three bedroom units, and no more than twenty (20%) percent may be efficiency units.

c. No more than twenty-five (25%) percent of the Town's total fair share obligation after credits and adjustments may be age restricted for the elderly. The planning board shall monitor applicant requests for any age restricted low/moderate units to ensure any preliminary approval granted does not cause the Town to exceed the total twenty-five (25%) percent cap on such units.

20-5.13.7 Building Schedule

a. The low and moderate income units shall obtain certificates of occupancy in tandem with the market rate units according to the following schedules:

If the number of low and moderate income units to be provided includes a fraction, the number shall be rounded up. If the number of market rate income units permitted includes a fraction, the number shall be rounded down.

20-5.13.8 Affordability Requirement for Residential Conversions.

a. In those development applications involving the conversion of a non-residential structure into a residential use containing more than twenty-five (25) dwelling units, an inclusionary set-aside requirement of ten (10%) percent of the total dwelling units to be created from such conversion shall be affordable to low and moderate income families according to the guidelines contained herein.

b. In those development applications seeking a market rate residential use variance for other than single family detached dwellings and containing either a gross density of four (4) or more units per gross acre or more than twenty-five (25) units, shall be granted only with a minimum ten (10%) percent set-aside for low and moderate income housing. If, however, the use variance grant results in a gross density of six (6) or more units per acre, then the low and moderate income housing set-aside requirement shall be increased to twenty (20%) percent of the total units approved.

20-5.14 Gross Density of FAR Adjustments on Parcels Containing Environmentally Critical Areas

a . Environmentally critical areas shall include: areas designated as fresh water wetlands according to on-site delineation methods utilized by the New Jersey Department of Environmental Protection or actual wetland boundary limits approved by the New Jersey Department of Environmental Protection or that are the subject of a letter of interpretation issued by the New Jersey Department of Environmental Protection; areas within the 100 year flood hazard area; and areas measured as being fifteen percent (15%) or greater in slope as determined by topographic surveys or from the Town's topographic maps.

b. For parcels containing environmentally critical areas, adjustments shall be made in either overall gross residential density or maximum non-residential FAR allowable on a parcel, according to the following schedule:

1. Residential Zones: Residential density shall be calculated at fifty percent (50%) of the allowable gross density of the zoning district in which the parcel is located for only those portions of a parcel determined to be an environmentally critical area.

2. Non-Residential Zones: FAR shall be calculated at fifty percent (50%) of the maximum FAR permitted by the zoning district in which the parcel is located, for only those portions of a parcel determined to be an environmentally critical area.

20-5.15 Public Utilities

a. All new subdivision and site plan developments shall provide for the underground installation of all utilities distribution supply lines and service connections, provided however, that lots which abut existing streets where overhead electric or telephone lines exist may be supplied with utility service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground.

b. In cases where extension of services is needed to existing or new buildings in established subdivisions or developments, the present method of service may be continued. Subsequent sections within a subdivision that is being developed in phases shall be required to provide for underground installation of utilities even though initial development phases may contain or have prior approval for overhead utility lines.

c. In the case of existing overhead utilities, however, should a road widening or an extension of service or such other condition occur as a result of the development and necessitate the replacement or relocation of such utilities, the developer shall cause the replacement or relocation to be underground.

20-5.16 Recycling Area.

a. As used in this subsection, "multi-family housing development" means a building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.

"Recycling area" means space allocated for collection and storage of source separated recyclable materials.

b. There shall be included in any new multi-family housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with the anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the municipal recycling coordinator, and shall be consistent with the District Recycling Plan adopted pursuant to section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:lE-99.13) and any applicable requirements of the Municipal Master Plan, adopted pursuant to section 26 of P.L. 1987, c. 102.

c. The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.

d. The recycling area shall be well lit, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.

e. The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

f. Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

g. Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

20-5.17 Satellite Dish Antennas.

Satellite dish antennas are permitted accessory structures when located on a lot in any residential district, provided the same is located a distance of at least ten (10) feet from the side and rear property lines. "Satellite dish antenna" shall mean a combination of; (1) dish whose purpose is to receive communications or other signals from orbiting satellites; (2) a low-noise amplifier which is situated in the focal point of the receiving dish and whose purpose is to magnify and transfer signals; and (3) a cable and appurtenances whose purpose IS to carry the signal to the interior of a structure.

Such satellite dish antennas shall be subject, in addition, to the following standards:

a. No satellite dish antenna shall be located in the front yard.

b. No satellite dish antenna shall extend higher than fifteen (15) feet above ground level, or be greater than twelve (12) feet in diameter; provided, however, that a satellite dish whose diameter is twelve (12) inches or less may extend more than fifteen (15) feet above the ground.

c. A satellite dish antenna shall not be placed on any lot which does not contain a permitted principal residential structure.

d. No lot shall contain more than one (1) satellite dish antenna.

e. Construction of all facilities including wires, conduits and cables shall be constructed, where applicable, in accordance with the uniform construction code. All installations of satellite dish antennas shall meet local, state and federal requirements and shall be constructed in accordance with the manufacturer's recommendations.

f. The satellite dish shall be colored in a manner to blend with existing surfaces and backdrops, to the extent practicable.

g. Landscaping shall be provided in the area of the pad of the antenna to soften its appearance; however, there is no requirement for landscaping which will interfere with the ability of the disk to receive signals.

h. Satellite dish antennas shall be installed in a manner so as not to interfere with television, radio or similar reception in adjacent areas and shall, in all cases, meet state and federal requirements.

1. Satellite dish antennas on corner lots shall not be located closer to the side street property line than the required setback line for a front yard in the zoning district within which the lot is located.

20-5.18 Family Day Care.

a. Family day care services are permitted in all residential districts as a home occupation and shall comply with the standards for a home occupation contained within this chapter.

b. A family day care home shall be approved by the Division of Youth and Family Services or its agent in which child care services are regularly provided to no less than three (3) and no more than five (5) children for no less than fifteen (15) hours per week.

c. Up to three (3) children may be cared for under the following arrangements in addition to the total number of children receiving child care services as defined in paragraph "b" above:

1. The child being cared for is legally related to the provider, or

2. The child is being cared for as part of a cooperative agreement between the parents for the care of their children by one (1) or more of the parents, where no payment for the care is being provided.

20-5.19 Child Care Centers.

a. Child care centers shall be a permitted use in all non-residential districts.

b. All child care facilities shall be located on the principal entrance floor level and any other level which is not more than one-half story above or below grade at the location from which egress is provided to the street.

c. A child care center shall be licensed by the NJ Department of Human Services and be operated for at least six (6) or more children under six (6) years of age.

d. For freestanding centers, the minimum site area shall be one (1) acre. For facilities incorporated within a building containing a principal use(s) permitted in the zone district, the minimum site area for the principal use shall govern. In such joint use or multi-tenanted buildings, the floor area occupied by the center shall be excluded in the calculation of the permitted floor area and parking requirements for that building or lot under applicable zoning standards for the district in which the site is located.

20-5.20 Fences.

a. No fence or wall forward of the front setback line in a residential district shall exceed three (3) feet in height, except that a fence or wall behind the front yard setback line may be six (6) feet in height.

b. No fence or wall shall be placed within one (1) foot of any property line unless a single fence is placed along a common property line as agreed to by adjoining property owners.

c. Fences should complement the structural style, type and design of the principal building. All structural supporting members of the fence shall face the interior portion of the lot.

d. Fences and walls shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.

e. On corner lots, fences or walls shall be placed as to height and location so as to maintain a clear sight triangle for visibility at the street intersection.

f. A fence permit is required to be issued by the zoning officer. An application for a fence permit shall contain such information to insure conformance with the above standards and at a minimum should include a plot plan indicating the location of fencing, fence material, the lot's front, side and rear yard setback requirements and an indication of the proposed fence height in relation to the front setback and remainder of the lot as applicable.

2.0-5.21 Driveways.

Driveways on residential lots shall be no closer than three (3) feet to any side or rear property line, except that on lots that are fifty (50) feet or less in width, the zoning officer may permit driveways to be located no closer than one (1) foot to a side or rear property line. In those instances where a common driveway is proposed by adjoining property owners, then no driveway offset from the common property line is required.