ORDINANCE NO. 05-14
AN ORDINANCE TO AMEND AND SUPPLEMENT
CHAPTER 310 “LAND USE” OF THE BOROUGH
CODE OF THE BOROUGH OF HILLSDALE, COUNTY
OF BERGEN, STATE OF NEW JERSEY.
Be it ordained by the Borough Council of the Borough of Hillsdale as follows:
1. Article 1 “General Provision,” Section 310-4 “Definitions” is amended and supplemented as follows:
1. The following definitions are revised to read as follows:
BUILDING COVERAGE: Building Coverage shall be computed by determining the first floor area of any and all structures intended to be used or occupied on a permanent or temporary basis, and shall include but not be limited to, buildings, sheds, pool houses and garages.
EXPANSION: Construction on an existing structure that results in new floor area where none previously existed.
FLOOR AREA RATION (FAR): The sum of the area of all floors of existing or new buildings or structures, compared to the total area of the property on which the structures area located, expressed as a percentage. The computation of Floor Area Ratio includes the principle and all accessory structures, such as sheds and garages located on the lot. Habitable Attic Space as defined in Section 310-4 is included in the FAR calculation. Basements, cellars, decks and patios are not included in the computation. FAR computations shall be taken from the exterior face of outside walls and include the wall thickness.
IMPERVIOUS COVERAGE: Impervious Coverage shall include all of the square footage under the definition of building coverage, plus driveways, decks that do not allow rain water to be directly absorbed by the ground, patios, sidewalks, walkways, decking surrounding swimming pools, tennis courts, basketball courts or other similar facilities constructed with an impervious surface. Surfaces such as brick pavers, laid stones, slate or timber with open joints shall all constitute 50 percent of impervious surface coverage. Surfaces such as gravel, loose stones and special paver stones with voids for grass shall constitute 25 percent of impervious surface coverage.
B. The following new definitions are added:
ATTIC: That part of a building that is immediately below and wholly or partly within the roof framing.
HABITABLE ATTIC SPACE: Habitable Attic Space is an attic that has a stairway as a means of access and egress and in which the ceiling area at a height of seven feet above the attic floor is not more than one-third of the new floor below. Habitable Attic Space is served by a heating system and includes attic space used for living, sleeping, eating or cooking, as well as bathrooms and toilet rooms. Unheated storage and utility spaces are not considered Habitable Attic Space.
2. Article XIII “Use Schedule,” Section 310-53 “Schedule of Uses and Requirements” is hereby amended and supplemented to include the following requirements:
R-1 zone: 20% maximum FAR, 30% maximum impervious coverage
R-2 zone: 25% maximum FAR, 30% maximum impervious coverage
R-3 zone: 28% maximum FAR, 30% maximum impervious coverage
R-4 zone: 30% maximum FAR, 30% maximum impervious coverage
In those situations where an addition is proposed to an existing dwelling, the FAR regulations shall not apply when all of the following conditions are met:
1. The existing principal structure (single family dwelling) meets all of the bulk requirements for the zone in which the property is located, and
2. The proposed expansion or new construction meets all of the bulk requirements, excluding the FAR, for the zone in which the property is located, and
3. The subject lot meets all of the bulk requirements for the zone in which the property is located, and
4. The total square footage of the proposed floor area expansion constitutes less than 30 percent of the dwelling’s existing (pre-expansion) building coverage.
The impervious coverage regulations shall apply to all proposed construction.
If any of the above conditions are not met, the FAR regulations are applied to the proposed construction. The FAR regulations are always applied to those situations where a new single-family dwelling is proposed for a vacant lot.
3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance.
4. All Ordinances or any provisions of any ordinances inconsistent with the provisions of this Ordinance are hereby repealed as to such inconsistencies and not otherwise.
5. This Ordinance shall become effective twenty (20) days after final passage and publication according to law.
Severability and Effectiveness Clause.
If any sentence, paragraph or section of this ordinance, or the application thereof to any persons or circumstances shall be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any sentence, paragraph or section of this ordinance shall lose its force and effect, such judgment or action shall not affect, impair or void the remainder of this ordinance.
Effective Date.
This ordinance shall take effect after publication thereof after final passage in accordance with the provision of law.