A.
In the R 12.5 and R 7.5 Residential Zoning Districts,
the following uses are hereby expressly permitted, and no building,
land or premises shall be used and no building shall be erected or
altered which is constructed, designed, arranged or intended to be
used in whole or in part for any other use than that which is expressly
set forth herein:
(1)
Principal uses.
(2)
Accessorial uses.
[Amended 11-10-2020 by Ord. No. 1025-2020]
(a)
Garages, maximum four vehicles of the passenger type, in accordance with Section 200-10.
[Amended 7-10-1985 by Ord. No. 536-85; 5-9-2001 by Ord. No.
762-2001]
(b)
Off-street parking.
(c)
Swimming pools.
(d)
Tennis courts.
(e)
Greenhouses.
(f)
Residential agriculture.
(g)
Storage sheds.
[Added 12-23-1981 by Ord. No. 450-G]
(h)
Fences or fence walls.
(i)
Signs.
(j)
Roof -mounted solar energy systems are permitted provided that
solar panels mounted on a sloped roof shall not exceed a height of
12 inches above the roof surface and that solar panels mounted on
a flat roof shall be screened by a parapet or other screening measure
so that the panels are not visible from any street or adjacent property.
[Added 12-29-2020 by Ord. No. 1028-2020]
(3)
Conditional uses.
[Added 12-22-1982 by Ord. No. 450-H]
(a)
[Amended 5-9-2001 by Ord. No. 762-2001] The following conditional uses are permitted:
[1]
Mother-daughter dwelling unit. The Planning
Board may, upon proper application and hearing, authorize the expansion
or alteration of a dwelling in the R12.5 or R7.5 Residential Zone
to create a mother-daughter dwelling unit, provided that the Planning
Board shall conduct a hearing and determine that the following conditions
and standards have been met:
[a]
That the second housekeeping unit
is occupied by persons related to the principal occupants by blood,
adoption, or marriage, including foster children.
[b]
That the bulk requirements as set
forth in the Limiting Schedules have been complied with.[1]
[1]
Editor's Note: The Limiting Schedules are included as an attachment to this chapter.
[c]
That adequate provision has been
made to provide off-street parking.
[d]
That the expansion or alteration
of the single-family dwelling unit shall not exceed 25% of the floor
area of the entire dwelling.
[e]
That the expansion or alteration
does not divide nor give the appearance of dividing into two separate
dwelling units capable of independent occupancy.
[f]
The above requirements shall be
updated and certified annually with the Zoning Officer. Such recertification
shall be recorded as part of the certificate of occupancy.
[2]
Home occupations as an accessory use, subject to the following
conditions:
[Added 11-10-2020 by Ord.
No. 1025-2020]
[a]
No person other than members of the family residing
on the premises shall be engaged in such occupation, and an occupant
shall have a proprietary interest in the occupation.
[b]
The use of the dwelling unit for the home occupation
shall be clearly incidental and subordinate to its use for residential
purposes by its occupants, and provided further that such professional
service or office is located on the first floor of said dwelling and
not more than 25% of the floor area of the dwelling unit, including
basement, shall be used in the conduct of the home occupation.
[c]
There shall be no change in the outside appearance
of the building or premises or other visible evidence of the conduct
of such home occupation other than one wall sign which may be a maximum
of three square feet.
[d]
The professional service or office shall be carried
on wholly within the principal building and shall not be conducted
in any accessory building.
[e]
There shall be no on-site sales in connection with
such professional service or office.
[f]
No overnight hospital facilities shall be provided
for animals or persons in connection with such professional service
or office.
[g]
No such professional service or office shall generate
traffic in greater volumes than would normally be expected in a residential
neighborhood, and any need for parking generated by the conduct of
such home occupation shall be met off the street and other than in
a required front yard.
[h]
No equipment or process shall be used in such professional
service or office which creates noise, vibration, glare, fumes, odors
or electrical interference detectable to the normal senses off the
premises. In the case of electrical interference, no equipment or
process shall be used which creates visual or audible interference
in any radio or television receivers off the premises or causes fluctuations
in line voltage off the premises.
[i]
A "home occupation," as defined herein, does not
include a veterinarian, construction or repair contractor, a real
estate or insurance agent, a carpenter, cabinetmaker or furniture
repairman, an animal hospital or kennel, an auto repairman, a restaurant,
tearoom, coffee shop, tavern, mortuary or beauty or barber shop.
(b)
The review by the Planning Board shall include any site plan review pursuant to Chapter 159, Site Plan Review, of the Code of the Borough of Northvale.
(c)
Any conditional use authorized by the Planning
Board under this chapter shall terminate immediately when and if the
conditions and standards set forth herein are found to have been violated.
(d)
The Planning Board shall grant or deny an application
for a conditional use within 95 days of submission of a complete application
by a developer to the Secretary of the Planning Board or within such
further time as may be consented to by the applicant.
B.
Prohibited uses.
[Amended 12-10-1980 by Ord. No. 450-D; 12-22-1982 by Ord. No.
450-H; 5-9-2018 by Ord. No. 991-2018]
(1)
Prohibited uses.
(a)
The following uses are expressly prohibited in an R 12.5 and
R 7.5 Residential Zoning District:
(b)
The following uses are expressly prohibited in an R 12.5 Residential
Zoning District:
[1]
Vehicles bearing permanent, nonremovable signage on the front, back and side, except that vehicles bearing signage on the front driver side and front passenger side shall be permitted to the extent that they comply with all other provisions proscribed in § 200-6B.
[2]
All other signage on vehicles must be removed or covered nightly
between the hours of 10:00 p.m. and 6:00 a.m.
[3]
Trailers, whether enclosed or open, which are registered with
commercial plates.
(c)
Except as herein otherwise provided, no vehicle other than a
passenger automobile, motorcycle or passenger automobile of recreation
design (Winnebago type or mobile homes of similar type) shall be parked
in the R 12.5 or R 7.5 Residential District between the hours of 10:00
p.m. and 6:00 a.m., or on Sunday. The only exceptions to this provision
shall be as follows:
[1]
One vehicle used for the transportation of goods, materials
or commercial transportation of people may be regularly parked or
stored on a lot in a residential district, provided that the gross
registered weight shall be less than 10,000 pounds, the height of
the vehicle shall not exceed eight feet, and the vehicle shall not
have more than four wheels.
[2]
Any vehicles other than those as described and permitted in
Subsection B(3)(a) must be parked or stored in enclosed garages in
residential zones.
[3]
The Code Compliance Officer of the Borough of Northvale may
permit commercial vehicles or equipment to remain on residential property
between the hours of 10:00 p.m. to 6:00 a.m. or on Sunday if, in the
judgment of the Code Compliance Officer, such vehicles are necessary
in the course of construction activities at the site. Such permit
may not be issued prior to issuance of a building permit nor continue
beyond the date on which a certificate of occupancy for the premises
is issued.
D.
Bulk requirements; Limiting Schedules. Subject to
modification or supplementary regulations in special cases as specified
in subsequent or proceeding sections of this chapter, regulations
as to use, lot size, bulk of buildings, off-street parking, signs
and special requirements in the R 12.5 and R 7.5 Zoning Districts
shall be as set forth in the Limiting Schedules which are hereby adopted
and made a part of this chapter.[2]
[Amended 12-22-1982 by Ord. No. 450-H]
[2]
Editor's Note: The Limiting Schedules are included as an attachment to this chapter.
[Amended 9-12-1979 by Ord. No. 450-C; 12-10-1980 by Ord. No.
450-D; 4-22-1981 by Ord. No. 450-F; 12-23-1981 by Ord. No. 450-G; 11-19-1984 by Ord. No. 526-84; 9-11-1996 by Ord. No. 704-96; 5-9-2001 by Ord. No.
762-2001]
A.
The following uses are expressly permitted in the
C, C-1 and C-2 Commercial Zones in the Borough of Northvale, and no
building, land or premises shall be used and no building shall be
erected or altered which is constructed, designed, arranged or intended
to be used in whole or in part for any other use than that which is
expressly set forth herein, provided further that all commercial uses
located within the C-1 Zoning District shall have frontage on either
Paris Avenue or Livingston Street:
(1)
Principal uses.
(a)
Retail sales of goods and services.
(b)
Banks.
(c)
Business, professional and governmental offices.
(d)
Funeral parlors (single-family accessorial residential
uses permitted).
(e)
Printing shops.
(f)
Restaurants. Restaurants with drive-through facilities are permitted
in the C-2 Zone only.
[Amended 8-12-2020 by Ord. No. 1023-2020]
(g)
Single-family residential uses in the C-1 Zoning District, provided
that said residential use is not in any way combined with a commercial
use. Multiple-family dwellings shall be prohibited in all zones unless
specifically allowed. Two-family dwellings shall be prohibited in
all zones within the Borough.
[Amended 8-12-2020 by Ord. No. 1023-2020]
(h)
Service repair facilities only in the C-2 Commercial Zone.
[Added 8-12-2020 by Ord.
No. 1023-2020]
(2)
Accessorial uses.
(a)
Signs.
(b)
Fences or fence walls.
(c)
Garages.
(d)
Enclosed storage.
(e)
Off-street parking.
(f)
Storage shed, provided that the same is accessorial
to a permitted residential use in the C-1 Zoning District.
(g)
Roof -mounted solar energy systems are permitted provided that
solar panels mounted on a sloped roof shall not exceed a height of
12 inches above the roof surface and that solar panels mounted on
a flat roof shall be screened by a parapet or other screening measure
so that the panels are not visible from any street or adjacent property.
[Added 12-29-2020 by Ord. No. 1028-2020]
C.
Buffer strips. The following buffer strip requirements
shall apply to any commercial use in the Borough of Northvale that
adjoins or is adjacent to a residential use:
(1)
The commercial use shall be screened along those portions
of the property that are adjacent to or that adjoin a residential
use by a buffer strip of not less than 15 feet in width and by a fence
or fence wall not less than five feet in height or with a four-foot
planting strip consisting of shrubs or trees which are at least four
feet high at the time of planting.
(2)
Such screening shall extend to an equidistant point
between the minimum setback line for the district and the public right-of-way.
D.
Bulk requirements. The bulk requirements for the commercial
zoning districts shall be those as set forth in the Limiting Schedules
which are hereby adopted and made a part of this chapter.[1]
[1]
Editor's Note: The Limiting Schedules are included as an attachment to this chapter.
E.
Service cleaning establishments.
(1)
In addition to the requirements set forth in the Limiting
Schedules[2] and elsewhere in this chapter for any particular conditional
use, the following requirements shall apply to a service cleaning
establishment which is herein permitted by conditional use:
(a)
No part of a service cleaning establishment
building may be situated within a radius of 1,500 feet of the building
of another cleaning establishment.
(b)
An attendant shall be present upon the premises
at all times when it is open for customer use.
(c)
The service cleaning establishment shall not
be open for business prior to 7:00 a.m. or later than 10:00 p.m.,
prevailing time.
(d)
The floor area of the premises shall be no greater
than 3,000 square feet.
(e)
The applicant for development or other interested
party shall present extensive evidence to the approving authority
that there will be no pollution, fire hazard or generation of excessive
noise or vibration.
(f)
The service cleaning establishment shall be
housed in a fully enclosed structure.
[2]
Editor's Note: The Limiting Schedules are included as an attachment to this chapter.
F.
Retail gas stations.
[Amended 8-12-2020 by Ord. No. 1023-2020]
(1)
In addition to the requirements set forth in the Limiting Schedules
and elsewhere in this chapter for any particular conditional use,
the following requirements shall apply to a retail gas station which
is herein permitted by conditional use:
(a)
(Reserved)
(b)
The minimum frontage requirements for a retail gas station shall
be 200 feet, and the minimum depth of any lot upon which a retail
gas station is located shall be 200 feet.
(c)
The area for use by motor vehicles, except access drives thereto,
as well as any structures contained on the property, shall not encroach
on any required yard area.
(d)
No fuel pump shall be located within 20 feet from any side lot
line nor within 35 feet of any front lot line.
(e)
All repair work, servicing and the like shall be performed within
a fully enclosed building.
(f)
All automobile parts, scrap material and similar articles shall
be stored within a fully enclosed building. No dismantled or wrecked
vehicles shall be stored outside a fully enclosed building for a period
in excess of 10 days.
(g)
The area of all driveways and all areas over which motor vehicles
will drive or be parked shall be paved with a bituminous or concrete
surface.
(h)
All lights used to illuminate the retail gas station shall be
arranged so as to reflect down and so as to cause the minimum amount
of glare to the surrounding properties.
(i)
No product displays, parked vehicles or other obstructions shall
be allowed that may adversely affect visibility at intersections or
station driveways.
(j)
Automobile repair work shall be permitted, provided that such
automobile repair work shall not include spray paint operations or
body or fender repair.
(k)
All ingresses and egresses as well as dropped curbing shall
comply with the standards and requirements as set forth by the New
Jersey Department of Transportation.
[Added 5-9-2001 by Ord. No. 762-2001]
A.
Purpose. The purpose of this zone is to provide an
appropriate location for light industrial uses while enabling the
redevelopment of other properties in the zone for high-quality commercial
uses in accordance with certain conditions. In the C-3 Zone, particular
attention should be given to the relationship with neighboring residential
properties, circulation, parking design and the scale and design of
development.
B.
The following uses are expressly permitted in the
C-3 Commercial Zone.
[Amended 8-12-2020 by Ord. No. 1023-2020]
D.
Development regulations.
(1)
(2)
Other requirements.
(a)
Circulation.
[1]
In order to minimize the number of curb cuts
and enhance the appearance of properties, common vehicular access
points and shared parking areas are encouraged for adjacent parcels
in the C-3 Zone.
[2]
Pedestrian and bicycle amenities shall be provided
when possible. These may include benches, bicycle racks, walkways
and other enhancements.
(b)
Development character. When reviewing the site
plan for commercial developments in the C-3 Zone, the Board shall
ensure that the character of the proposed development is consistent
with the intent of the Master Plan regarding this section of the Borough.
[Added 8-10-2010 by Ord. No. 876-2010]
A.
The following uses are expressly permitted in the PO Professional
Office Zone in the Borough of Northvale; and no building, land or
premises shall be used and no building shall be erected or altered
which is constructed, designed, arranged or intended to be used in
whole or in part for any other use than that which is expressly set
forth herein; provided, further, that all professional office uses
located within the PO Zoning District, when able to, shall have frontage
on either Paris Avenue or Livingston Street.
(1)
Principal uses:
(a)
Business, professional and governmental offices.
(b)
Banks.
(c)
Detached single-family residential uses in the PO Zoning District,
provided that said residential use is not in any way combined with
an office use.
[Amended 8-12-2020 by Ord. No. 1023-2020]
(d)
Exercise studios.
[Added 8-12-2020 by Ord.
No. 1023-2020]
(e)
Personal service establishments.
[Added 8-12-2020 by Ord.
No. 1023-2020]
(2)
Accessorial uses:
(a)
Signs.
(b)
Fences or fence wall.
(c)
Off-street parking, provided that it is located behind the principal
structure, not covered and not under the building. All parking shall
be set back a minimum of five feet from the property line.
(d)
Storage shed, provided that the same is accessorial to a permitted
residential use in the PO Zoning District.
(e)
Roof -mounted solar energy systems are permitted provided that
solar panels mounted on a sloped roof shall not exceed a height of
12 inches above the roof surface and that solar panels mounted on
a flat roof shall be screened by a parapet or other screening measure
so that the panels are not visible from any street or adjacent property.
[Added 12-29-2020 by Ord. No. 1028-2020]
(3)
No conditional uses are permitted in the PO Zone.
B.
Buffer. The following buffer requirements shall apply to any non-residential
use in the Borough of Northvale that adjoins or is adjacent to a residential
use:
[Amended 8-12-2020 by Ord. No. 1023-2020]
(1)
The building shall be screened along those portions of the property
that are adjacent to or that adjoin a residential use by a buffer
strip of not less than five feet in width and by a fence or fence
wall not less than six feet in height or with a four-foot planting
strip consisting of shrubs or trees which are at least six feet high
at the time of planting.
C.
Bulk requirements. The bulk requirements for the Professional Office Zoning District shall be those as set forth in the Limiting Schedule, which is hereby adopted and made a part of this chapter.[1]
[1]
Editor's Note: The Limiting Schedule is included as an attachment to this chapter.
A.
The following uses are expressly permitted in the
Light Industrial Zones in the Borough of Northvale, and no building,
land or premises shall be used and no building shall be erected or
altered which is constructed, designed, arranged or intended to be
used in whole or in part for any other use than that which is expressly
set forth herein:
(1)
Principal uses.
(a)
Research laboratories.
(b)
Business, industrial or governmental offices.
(c)
Publishing houses or printing firms.
(d)
Manufacture by distillation, fabrication, assembling
or other handling of products for industrial sale.
(e)
Wholesale distribution centers or warehouses.
(f)
Body shops in LI-1 Zones only, provided that
no repair work of motor vehicles shall be done out of doors except
the changing of tires and emergency work, that no body shop shall
be located within 1,200 feet from any other body shop and that a security
fence of the chain-link type, not exceeding six feet in height, shall
be provided.
(g)
Commercial kitchens and food/beverage production, provided that
odors are not discernable at or beyond the property line of the commercial
kitchen and food/beverage production use.
[Added 8-12-2020 by Ord.
No. 1023-2020]
(h)
Dog kennels, provided that the kennel is not located within
125 feet of a residential property line, measured from the property
line of the parcel on which the dog kennel is located.
[Added 8-12-2020 by Ord.
No. 1023-2020]
(2)
Accessorial uses.
(a)
Off-street parking.
(b)
Fences or fence walls.
(c)
Signs.
(d)
Garages.
(e)
Storage buildings.
(f)
Buildings used for the purpose or processing
or assembling of goods.
(g)
Employee cafeterias.
(h)
Open storage of motor vehicles when screened
by a buffer zone in accordance with the requirements of this chapter.
(i)
Roof -mounted solar energy systems are permitted provided that
solar panels mounted on a sloped roof shall not exceed a height of
12 inches above the roof surface and that solar panels mounted on
a flat roof shall be screened by a parapet or other screening measure
so that the panels are not visible from any street or adjacent property.
[Added 12-29-2020 by Ord. No. 1028-2020]
C.
Buffer strips. The following buffer strip requirements
shall apply to any use permitted in the Light Industrial Zones in
the Borough of Northvale:
(1)
The erection or construction of a buffer as shown
on the Zoning Map of the Borough of Northvale which is hereby adopted
and made a part of this chapter.
(2)
All required buffers shall be at least 75 feet in
width.
(3)
All required buffers shall be landscaped with evergreens
of at least six feet in height and shall be of sufficient density
as to prevent the use from being visible by adjoining residential
properties.
D.
Bulk requirements. The bulk use requirements for the
Light Industrial Zones shall be as set forth in the Limiting Schedules,
which are hereby adopted and made a part of this chapter.[2]
[2]
Editor's Note: The Limiting Schedules are included as an attachment to this chapter.
E.
Open door industrial uses prohibited. All uses in
the light industrial zones shall be limited to the confines of the
physical premises so as not to emit any noise or odor, which the Mayor
and Council find to be hazardous to the health and welfare of the
citizens of the Borough of Northvale.
[Added 12-23-1981 by Ord. No. 450-G]
[1]
Editor's Note: Ordinance No. 762-2001, adopted 5-9-2001, amended various sections of this chapter, but provided that § 200-8, LI and LI-1 Light Industrial Zones, remain unchanged. Ordinance No. 767-2001, adopted 7-11-2001, amended Ord. No. 762-2001 to provide that § 200-8 remain unchanged with the exception that there shall be created a Light Industrial Overlay Zone for the following properties: Block 1009, Lots 11, 12, 13 and 3. Said properties shall be afforded dual-use rights as conveyed in the R 7.5 Zone and the LI Light Industrial Zone and shall be subject to all use regulations provided therein.
The following provisions are applicable to all
zones:
A.
Principal uses. The following uses are expressly permitted
in all zoning districts in the Borough of Northvale:
B.
Prohibited uses. The following uses are expressly
prohibited in all zones in the Borough of Northvale:
(1)
Motor courts, trailer camps, house trailers, hotels,
motels or recreational vehicles which are being used as a dwelling
or sleeping place.
(2)
[2]Drive-in facilities, except in the C-2 Zone where restaurants
with drive-in facilities shall be permitted.
[Added 11-10-2020 by Ord.
No. 1025-2020]
[2]
Editor's Note: Former Subsection B(2), Apartment houses, garden apartments, boardinghouses or any type of multifamily usage, two-family homes, duplex or double houses, was repealed 5-9-2001 by Ord. No. 762-2001. This ordinance also provided for the renumbering of former Subsections B(3) through (11) as Subsections B(2) through (10), respectively.
(3)
Shooting galleries, skating rinks, bowling alleys,
billiard parlors, dance halls, discotheques, model slot car racing,
tattoo parlors, skateboard facilities, pinball establishments or other
similar facilities.
(4)
No automobile repair work shall be done out of doors
except for the emergency repair of motor vehicles or the changing
of tires.
(5)
Metal- or wood working shops employing more than four
persons.
[Added 7-25-1979 by Ord. No. 450-A]
(6)
Blast furnaces, boiler works or coke ovens.
[Added 7-25-1979 by Ord. No. 450-A]
(7)
Premises involved in the manufacture and/or distribution
of disinfectant, insecticide, creosote or poisons.
[Added 7-25-1979 by Ord. No. 450-A]
(8)
Premises involved in the manufacture, treatment and/or
distribution of explosives, fireworks, match manufacture or storage
or any type of substance possessing radioactive qualities.
[Added 7-25-1979 by Ord. No. 450-A]
(9)
Any other trade or use that is noxious or offensive
by reason of the emission of odor, dust, smoke, gas or noise.
[Added 7-25-1979 by Ord. No. 450-A]
(10)
Outdoor storage of any type.
[Added 7-25-1979 by Ord. No. 450-A]
(11)
All uses not expressly permitted in this article are prohibited,
including, but not limited to, the following:
[Added 8-14-2019 by Ord.
No. 999-2019; amended 6-9-2021 by Ord. No. 1034-2021]
(a)
All classes (1 through 6) of cannabis establishment or cannabis
distributors or cannabis delivery services including cannabis cultivators,
manufacturers, wholesalers, retailers, cannabis testing facilities,
medical cannabis dispensaries, clinical registrant or cannabis retailer
including any alternative treatment centers deemed to hold a medical
cannabis dispensary permit pursuant to Section 7 of P.L. 2009, c.
307 (N.J.S.A. 24:6I-7), are expressly prohibited within the Borough
of Northvale.
C.
Closing hours.
[Added 9-11-1996 by Ord. No. 704-96]
(1)
Intent. The purpose of this section is to exercise
to the fullest extent the powers granted to the Borough to manage
land use through zoning to the fullest extent permitted by the Municipal
Land Use Law and the Constitutions of the United States and the State
of New Jersey and to generally exercise the police power. The Mayor
and Council of the Borough of Northvale do find it necessary to regulate
the hours of service or operation of certain establishments located
in the Borough of Northvale. These establishments are located in a
residential milieu, and it is necessary, therefore, to regulate the
hours of operation in order to protect the health, peace and comfort
of the surrounding residential uses as well as the public health and
welfare of the residential community.
(2)
All establishments operating as service stations as
defined by this chapter are prohibited from conducting any business
whatsoever between the hours of 11:00 p.m. and 6:00 a.m.
[Amended 5-9-2001 by Ord. No. 762-2001]
(3)
All commercial uses in the C or C-1 Commercial Zones,
with the exception of pharmacies, restaurants or professional offices
open to the public, are prohibited from conducting any business whatsoever
between the hours of 12:00 midnight and 6:00 a.m.
[Added 5-9-2001 by Ord. No. 762-2001]
D.
Borough-wide set-aside requirements.
[Added 8-27-2019 by Ord.
No. 1006-2019]
(1)
Any property in the Borough of Northvale that receives a subdivision
or site plan approval, zoning change, density variance, use variance
or approval of a redevelopment or rehabilitation plan to permit multifamily
residential development at six units or more per acre, which multifamily
residential development will yield five or more new dwelling units,
shall provide a minimum affordable housing set-aside of:
(2)
This requirement shall not apply to residential development on sites
that are zoned for inclusionary residential development as part of
the Borough's Housing Element and Fair Share Plan, which are subject
to the affordable housing set-aside requirements set forth in the
applicable zoning.
(3)
This requirement does not, and shall not be construed to grant any
property owner or developer the right to any rezoning, variance or
other relief, nor does this requirement establish any obligation on
the part of the Borough of Northvale to grant any such rezoning, variance
or other relief.
(4)
A property shall not be permitted to be subdivided so as to avoid
compliance with this requirement.
A.
Residential garages. The following design standards
shall apply:
(1)
Garages, maximum four motor vehicles of the passenger
type. If the garage is detached from the principal use and it is located
less than 70 feet from the front street line, it must comply with
the Limiting Schedules[2] set forth in this chapter. In the event that the detached
garage is more than 70 feet from the front street line, the side and
rear yards of said detached garage shall be not less than five feet.
If the garage is attached to the principal use, it must comply with
the Limiting Schedules. Any detached garage shall be subject to a
maximum height limitation of 20 feet.
[2]
Editor's Note: The Limiting Schedules are included as an attachment to this chapter.
B.
Restaurants. The following design standards shall
apply:
[Amended 11-10-2020 by Ord. No. 1025-2020]
(1)
Frontage and depth; conflicting provisions.
(a)
The minimum frontage of the lot of a restaurant
shall be 200 feet, and the minimum depth shall be 200 feet.
(b)
This subsection shall take precedence over any
conflicting provisions set forth in the Limiting Schedules which are
hereby adopted and made a part of this chapter.[3]
[3]
Editor's Note: The Limiting Schedules are included as an attachment to this chapter.
(2)
In order to assure compliance with the requirement
that a restaurant have as its primary function the preparation and
serving of food and drink on the premises and for on-site consumption,
the following design standards apply:
(a)
All food and drink is to be ordered by a customer
and served to the customer while he is seated at a table or counter
where it is to be consumed.
(b)
The restaurant shall not be designed in such
a manner as to allow the ordering of food and drink in any location
other than at the table or counter where it is to be consumed.
(c)
All consumption of food and drink is to be within
the building area designed for restaurant use. No food or drink shall
be consumed in any other portion of the buildings and lot.
(d)
Food and drink may be taken from the premises
only when such take-out service is incidental to the primary restaurant
use.
(3)
Screening; wastes; property values.
(a)
In the event that a restaurant use abuts a residential
use or zone or institutional premises, the restaurant shall be screened
along those portions that are adjacent to such residential zone or
institutional premises by a fence or fence wall not less than five
feet in height or with a four-foot planting strip consisting of shrubs
or trees which are at least four feet high at the time of planting.
Such screening shall extend to an equidistant point between the minimum
setback line for the district in the public right-of-way.
(b)
The developer, as a condition for approval,
shall present evidence to the approving authority that there will
be provisions for the disposal of solid, liquid and gaseous wastes
and that there will be no air pollution or unreasonable odors.
(c)
The restaurant use shall not depreciate the
value of contiguous properties or create instances of discomfort or
annoyance to the neighborhood residential uses and zones.
(4)
All premises that are in existence at the time of
the passage of this chapter and which fall within the definition of
a "restaurant" only, as contained herein, are hereby declared to be
legal conforming uses, regardless of the fact that they may not comply
with the bulk or volume requirements contained in this definition.
The within distinction is set forth expressly herein due to the findings
of the Mayor and Council that numerous restaurants are currently operating
in the Borough of Northvale that, but for this subsection, would otherwise
be rendered nonconforming and would be depreciated in value.
C.
Shopping centers. The following design standards shall
apply:
(1)
The developer shall present extensive evidence to
the approving authority that there will be no traffic problems created
by the proposed shopping center development. The approving authority's
considerations in determining the existence or nonexistence of traffic
problems are to include but not be limited to the following:
(a)
The capacity of existing roadways to take any
increased traffic flow.
(b)
The need for left-hand turns in order to accommodate
the ingress to and egress of traffic from the proposed use.
(c)
Sight lines.
(d)
The effect the proposed shopping center development
will have on increasing traffic through the local residential streets.
(e)
The location and design of the access driveways.
(f)
Pedestrian and cyclist safety.
(g)
The number, manner and design of all physical
traffic control devices to be located in the interior parking lot
and driveway.
(2)
The proposed shopping center development shall promote
a desirable visual environment through creative development techniques
and good civic design in arrangements in accordance with the Municipal
Land Use Law.[4] All masonry walls that serve as a facing shall be constructed
of brick or a material of similar aesthetic appeal. Cement or cinder
blocks shall not be exposed to view on a visually finished masonry
wall.
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
Commercial and light industrial buildings. The following
design standards shall apply:
(1)
All light industrial buildings shall be constructed
with an exterior facing of a decorative masonry with a minimum thickness
of four inches and approved by the Board at the time that the development
application is being considered. The facing of commercial buildings
shall be as required for light industrial buildings, except that commercial
structures may be constructed with an exterior facing of shingles
or siding at the discretion of the Board at the time that the development
application is being considered. The Board shall give due consideration
to the advice of the Borough Engineer, the aesthetics and the quality
of construction for the structure and design, provided that all are
in accordance with the purpose and principles of the Northvale Master
Plan as well as the contents of this chapter.
E.
Occupancy limitation in multidwelling units.
[Added 4-7-2009 by Ord. No. 865-2009]
(1)
The following rules and regulations shall apply:
(a)
Bedroom requirements. Every bedroom shall comply with the requirements
of this subsection.
(b)
Area for sleeping purposes. Every bedroom occupied by one person
shall contain at least 70 square feet of floor area, and every bedroom
occupied by more than one person shall contain at least 50 square
feet of floor area for each occupant thereof.
(c)
The total number of permanent residents allowed within any residence
shall be based on the number of designated code-conforming bedrooms,
with one person allowed per 50 square feet of bedroom area. ("Permanent
resident" is defined as anyone residing for a period of greater than
30 days.)
(d)
Access from bedrooms. Bedrooms shall not constitute the only
means of egress to other bedrooms or habitable spaces and shall not
serve as the only means of egress from other habitable spaces. All
bedrooms shall have direct access to exterior egress through windows.
All bedrooms shall have direct access to natural light and ventilation
through windows. No bedroom may be accessible only through an adjoining
bedroom; all bedrooms shall have direct access to a corridor or other
nonsleeping space. No bedrooms shall be located in cellar spaces.
(e)
Water closet accessibility. Every bedroom shall have access
to at least one water closet and one lavatory without passing through
another bedroom. Every bedroom in a dwelling unit shall have access
to at least one water closet and lavatory located on the same story
as the bedroom or in an immediately adjacent story.
(f)
Prohibited occupancy. Kitchens, bathrooms, cellars, storage
areas and nonhabitable spaces shall not be used for sleeping purposes.
(g)
Other requirements. Bedrooms shall comply with the applicable
provisions of this code, including but not limited to the light, ventilation,
room area, ceiling height, and room width of the IBC Residential Code,
the IBC Plumbing Code, and the National Electrical Code. All bedrooms
shall be in compliance with smoke detector and emergency escape requirements.
(h)
Overcrowding. Dwelling units shall not be occupied by permanent
residents of more than permitted by the minimum area requirements
of Table 1. The maximum number of permitted permanent residents in
any one dwelling or residence shall be based on the minimum area requirements
of either the bedrooms/sleeping areas or the living/dining areas,
whichever provides the more-restrictive minimum allowances.
|
Table 1
Minimum Area Requirements
Minimum Area in Square Feet
| |||
|---|---|---|---|
|
Space
|
1-2 Occupants
|
3-5 Occupants
|
6 or More Occupants
|
|
Living room
|
No requirements
|
120
|
150
|
|
Dining room
|
No requirements
|
80
|
100
|
|
Bedrooms
|
Shall comply with § 200-10F(1)(b)
| ||
|
NOTES:
| |
|---|---|
|
A.
|
See § 200-10F(3) for combined living room/dining room
spaces.
|
|
B.
|
See § 200-10F(1)(b) for limitations on determining
the minimum occupancy area for sleeping purposes.
|
(2)
Sleeping area. The minimum occupancy area required by Table 1 shall
not be included as a sleeping area in determining the minimum occupancy
area for sleeping purposes. All sleeping areas shall comply with § 200-10F(1)(b).
(3)
Combined spaces. Combined living room and dining room spaces shall
comply with the requirements of Table 1 if the total area is equal
to that required for separate rooms and if the space is located so
as to function as a combined living room/dining room.
(4)
Efficiency unit. Nothing in this subsection shall prohibit an efficiency
living unit (where permitted within the Zoning Code) from meeting
the following requirements:
(a)
A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet. A unit occupied by three occupants shall have a clear area of not less than 320 square feet. These required areas shall be exclusive of the area required by Subsection F(2) and (3).
(b)
The unit shall be provided with a kitchen sink, cooking appliances
and refrigeration facilities, each having a clear working space of
not less than 30 inches in the front. Light and ventilation conforming
to this code shall be required.
(c)
The unit shall be provided with a separate bathroom containing
a water closet, lavatory and bathtub or shower.
(d)
The maximum number of permanent persons in an efficiency unit
shall be three.
F.
Trash and recyclable containers. The following design standards shall
apply:
[Added 11-10-2020 by Ord.
No. 1025-2020]
(1)
Trash and recyclable containers shall not be visible from any public
street and shall be located in the rear half of the side yard or rear
yard only.
(2)
All trash and recyclable containers shall be enclosed by a solid
fence or masonry on three sides and a solid, heavy-duty gate on the
fourth side.
Parking lot landscaping. For every surface parking lot containing
20 or more parking spaces, the following design standards shall apply:
G.
Parking lot landscaping. For every surface parking lot containing
20 or more parking spaces, the following design standards shall apply:
(1)
For every 20 parking spaces, at least one landscape island, containing
at least 162 square feet shall be provided within the parking area.
(2)
Half of the landscape islands shall contain shade trees, while the
remainder shall contain shrubs.
(3)
Shade trees shall be planted with a caliper of at least three inches
and shrubs shall be planted with a height of at least two feet.
[1]
Editor's Note: This ordinance also repealed
former § 200-10, Provisions applicable to all commercial
and light industrial buildings, added 3-26-1980 by Ord. No. 450-B,
as amended 10-15-1986 by Ord. No. 562-86.
The following rules and regulations shall apply:
A.
Any nonconforming use or structure existing at the
time of the passage of this chapter may be continued upon the lot
or in the building so occupied, and any such structure may be restored
or repaired in the event of partial destruction thereof; provided,
however, that any use or structure existing at the time of the passage
of this chapter shall not be modified, intensified or altered by addition
to the number of tenancies for said structure. A building or structure
shall be considered to have sustained partial destruction when the
frame of the building or structure, exclusive of its foundation, has
been destroyed by no more that 50% of said frame. Then, and in that
event only, said building or structure may be rebuilt, and the use
of said building or structure as it existed at the time of its destruction
may be continued.
[Amended 7-14-2004 by Ord. No. 796-2004]
B.
No nonconforming use shall, if once changed into a
conforming use, be changed back again into a nonconforming use.
C.
No building shall be enlarged unless the use therein
is changed to a conforming use.
D.
No nonconforming use shall be extended so as to diminish
the extent of a conforming use.
E.
No nonconforming use or structure existing at the
time of the passage of this chapter shall be modified, intensified
or altered by addition to the number of tenancies for said structure.
[Added 7-14-2004 by Ord. No. 796-2004]
Accessory buildings, except garages, in residential
zones shall conform to the following regulations as to their location
upon the lot:
A.
In the case of an interior lot fronting on only one
street, no accessory building shall be erected or altered so as to
encroach upon that half of the lot depth nearest the street.
B.
In the case of an interior lot fronting upon two or
more streets, no accessory building shall be erected or altered so
as to encroach upon that fourth of the lot depth nearest each and
every street.
C.
In the case of a corner lot fronting upon two streets,
no accessory building shall be erected or altered so as to encroach
upon the area between each respective street and a line drawn parallel
to such street in a manner to divide the lot into two equal parts.
D.
Notwithstanding any requirement in this section, the
foregoing rules shall not restrict the location of any accessory building
70 feet or more from any street bounding the block or require such
accessory building to be set back from a street which is not more
than 25 feet in width.
E.
Such accessory buildings shall additionally comply
with all other bulk requirements set forth in this chapter.
[Amended 12-10-1980 by Ord. No. 450-D; 12-22-1982 by Ord. No.
450-H; 5-9-2001 by Ord. No. 762-2001]
A.
No building or premises shall be used nor shall any
building be erected nor shall any building be altered so as to expand
its usable floor area unless there is provided parking space on the
same premises upon which the use or structure is located or upon such
nearby premises as may be provided for in the site plan approval.
B.
Off-street parking spaces for residential uses shall
be provided in accordance with the State Residential Site Improvement
Standards (N.J.A.C. 5:21). Required parking spaces for mother-daughter
dwelling units shall be provided based upon the total number of bedrooms
in the structure.
C.
Parking spaces for nonresidential uses shall be not
less than 10 feet in width and not less than 200 square feet in area,
exclusive of adequate interior driveways for ingress and egress to
connect the parking space with a public street.
D.
Parking spaces required by this chapter for any use
except dwellings may be provided on premises other than those upon
which the use is located, provided that such premises are within a
walking distance of 200 feet from the building entrance, and further
provided that such premises are owned in fee by the owner of the lot
upon which the use is located or that the owner of the lot upon which
such use is located holds a lease or license which grants to him the
right of uninterrupted use for parking purposes for at least 20 years.
E.
Required off-street parking space may be reduced by
the amount to which other off-street parking space, such as publicly
owned space or jointly or cooperatively owned space, satisfying the
requirements of this chapter is provided for the use that is involved,
or such amount as may be justified by the reduction in need for such
space by reason of a reduction in the size or change in the nature
of the use to which such space is appurtenant.
F.
All off-street parking spaces and driveways shall
be paved with asphalt or concrete.
G.
All nonresidential off-street parking areas adjacent to any residential
zone and used by more than three vehicles shall be screened by a six-foot-tall
solid fence or a five-foot-wide landscaping strip containing evergreen
trees in a staggered row planted at a minimum height of six feet to
screen vehicles from adjacent residential properties.
[Amended 11-10-2020 by Ord. No. 1025-2020]
H.
The total width of all driveways on a lot used in
a commercial or light industrial zone shall not exceed 30% of the
width of the lot.
I.
The Board is hereby authorized to establish the required number of
parking spaces for any nonresidential use erected or to be erected
pursuant to this chapter. In establishing the required number of parking
spaces for any use, the Board shall use the following standards:
[Amended 11-10-2020 by Ord. No. 1025-2020]
(1)
Retail and office uses: one parking space for every 300 square feet
of floor area or any part thereof.
(2)
Restaurants: one parking space for every three seats and one space
for every two employees during the maximum shift.
(3)
Medical offices and personal service establishments: one parking
space for every 200 gross square feet.
(4)
Exercise studio: one parking space for every 120 square feet of public
area for students/customers.
(5)
Laundromats: one parking space for every 200 gross square feet.
(6)
Dog kennels: three parking spaces.
(7)
All industrial uses in any zone shall be required to provide one
parking space for every 600 square feet of floor area or one parking
space for every employee during the maximum shift.
(8)
Places of worship in any zone shall be required to provide one parking
space for every three permanent or fixed seats based on seating capacity.
Places of worship with no permanent or fixed seating shall provide
one parking space for every three persons based on the maximum capacity
of the facility, which shall be calculated by taking the total square
footage of the space and dividing it by the square footage of space
allotted to each person in attendance as determined by application
of the Fire Department Occupancy Load Code.
J.
All off-street parking and off-street loading areas
shall be separated from walkways, sidewalks, streets or alleys by
curbing or other protective devices approved by the Borough Engineer
and Construction Official of the Borough of Northvale.
K.
Each lane of an interior driveway shall be at least
24 feet wide where used with ninety-degree-angle parking, at least
18 feet wide where used with sixty-degree-angle parking and at least
12 feet wide where used with forty-five-degree-angle parking. Where
used with parallel parking or where there is no parking, interior
driveways shall be at least 12 feet wide for one-way traffic movement
and at least 24 feet wide for two-way traffic movement. Parking shall
be prohibited in the interior driveways, and no part of this space
shall be computed as part of the parking space requirement. All parking
areas shall be a minimum distance of five feet from the exterior wall
of any building; provided, however, that this subsection shall not
apply to the residential uses.
L.
Each off-street parking or loading area shall be connected
to a street by means of a driveway constructed in accordance with
at least the minimum standards required by the Borough of Northvale.
M.
Each off-street parking space shall be clearly marked
in pavement, and directional arrows or signs shall be provided wherever
necessary. Markers, directional arrows and signs shall be properly
maintained so as to ensure their maximum efficiency; provided, however,
that this subsection shall not apply to the residential uses.
N.
Adequate lighting shall be provided if the off-street
parking facilities are used at night. If said parking facilities are
near residential land, the lighting shall be arranged and installed
so as not to reflect or cause glare on the residential land in accordance
with the standards as required by the approving authority of the Borough
of Northvale.
O.
All applications for building permits and/or certificates
of occupancy in the Commercial Zone or Light Industrial Zone shall
be accompanied by a site plan setting forth a paved parking area with
the number of spaces to be provided.
P.
If, in the course of its site development plan review,
the approving authority determines that, by reason of the proposed
use of particular premises or for any other reason, the number of
parking spaces which will be required to meet the parking needs of
such premises is less than the number of spaces which would otherwise
be required under this chapter, the approving authority shall have
the power to permit the applicant to construct and pave only such
number of parking spaces as the approving authority determines to
be necessary to meet such requirements and to permit the remaining
area, which would otherwise be required to be constructed and paved
for parking purposes, to remain unpaved in a landscaped condition;
provided, however, that the site development plan shall delineate
the full number of parking spaces which, but for such finding of the
approving authority, would be required, and any certificate of occupancy
issued for such premises shall note the decision of the approving
authority as described herein, and provided further that the Zoning
Officer shall, from time to time, inspect said premises to determine
the adequacy of existing parking spaces and report thereon to the
approving authority, and the approving authority shall have the power,
at any time that it determines that construction and paving of the
remaining parking area is necessary in order to satisfy the parking
requirements of the premises, to order such additional construction
and paving. In the event that there is a transfer of ownership of
the premises or a change in its use or if said premises are leased
to a tenant other than as set forth in the original certificate of
occupancy or should the holder of the certificate of occupancy, either
as owner or tenant, increase the use beyond which the certificate
of occupancy was issued, the approving authority shall have the power
at that time to request additional site plans for presentation in
order to determine whether the parking requirement shall be increased
or decreased.
Q.
Every off-street parking area shall be subject to
site plan approval by the approving authority. The approving authority
shall consider the effect of any parking area upon traffic safety
and abutting properties.
R.
All parts of all yards not used for off-street parking
areas shall be adequately landscaped, subject to approval by the approving
authority and maintained in good condition.
S.
No certificate of occupancy shall be issued until
the applicant has transferred to the Borough of Northvale a certified
check only in an amount specified by the Zoning Officer, which amount
shall be equal to 100% of the total cost of the unfinished paving
and/or unfinished landscaping required herein. The total cost of unfinished
paving and/or unfinished landscaping as set forth in the site plan
shall be established by the Zoning Officer in the following manner:
(1)
The Zoning Officer shall cause two estimates of the
costs of such work to be made by qualified individuals chosen by the
Zoning Officer; the cost of these estimates shall be paid by the property
owner. The higher of the two estimates shall be designated as the
cost of the landscaping and/or paving as set forth in the site plan.
(2)
Said amount shall be released only upon said landscaping
being completed and said macadam parking areas being completed within
three months of the date of the certificate of occupancy or such further
time as may be designated by the approving authority.
A.
No retail, industrial, manufacturing, warehousing, or wholesale distribution
building shall be used, erected or expanded unless off-street loading
space shall be provided in such amount and manner that all loading
and unloading operations will be conducted entirely within the boundaries
of the lot concerned, and no vehicles shall in any manner use public
streets, sidewalks or rights-of-way for loading or unloading operations
except for access to the lot.
[Amended 11-10-2020 by Ord. No. 1025-2020]
B.
All exterior loading platforms of any commercial or
industrial building shall be erected in the rear of said buildings
so as to provide for rear yard loading and unloading only.
A.
Residential zones.
[Amended 9-9-2020 by Ord.
No. 1024-2020; 7-14-2021 by Ord. No. 1038-2021]
(1)
No fence shall be constructed, installed or replaced without a zoning
permit, including a pool barrier fence.
(2)
No fence or fence wall in a yard shall exceed six feet in height,
measured from the highest point of ground at its base, except where
required by this article to screen parking areas. Six-foot fences
are permitted in side and rear yards.
(3)
No fence or fence wall in any front yard shall exceed four feet in
height. All fences in a front yard shall be a minimum of 10 feet in
from the road/curbline and also must be on or within the homeowner's
property line.
(4)
Chain link fences are prohibited in a front yard. All fences in a
front yard shall be a minimum of 10 feet in from the road/curbline
and also must be on or within the homeowner's property line.
(5)
Regarding corner lots, four-foot fences are permissible on the second
front yard, and must maintain 10 feet from the right-of-way. The maximum
height of six feet may start on the rear corner foundation and run
parallel to the rear property line and also be on or within the homeowner's
property line.
(6)
Fence post caps are allowed to rise an additional six inches above
the maximum fence panel heights.
(7)
No fence, shrubs or other obstruction to visibility, exclusive of
trim trees or existing buildings, shall be built, planted or maintained
upon a corner lot within 25 feet of any street intersection. Plantings
higher than 32 inches are prohibited. Any existing obstruction of
this character which within the foregoing limits curtails the view
of drivers of vehicles approaching the intersection, as determined
by the Northvale Police Department Traffic Officer, shall be removed
by and at the expense of the owner of such corner lots within six
months of the date of the passage of this chapter.
(8)
Any fence which is not aesthetically and visually identical on both
sides must be erected so that the side facing an adjoining property
owner, or a street, is of equal or better aesthetic and visual appearance
than the side facing the property upon which the fence is erected.
(9)
No fence panel, picket or slat shall be in excess of six feet in
height. The total height of the top of the fence panel, picket or
slat shall not include any slight undulations of the ground. An allowance
of two inches from the bottom or any fence panel, picket or slat is
permitted, provided that 80% of the fencing does not exceed a height
of six feet two inches above the ground. This maximum height is intended
to allow a six-foot-tall fence panel to be installed up to two inches
above the ground, regardless of any undulations of the ground up to
six inches above the ground when the ground does undulate. No fence
post, including any decorative finial, shall be in excess of six feet
eight inches.
B.
Nonresidential zones. The regulations for residential
zones shall apply herein. Nothing contained herein shall prevent an
owner of nonresidential property, where necessary to protect the public
from dangerous equipment, from applying to the Mayor and Council for
permission to erect a security fence of the chain-link type above
the six-foot height requirement imposed herein.
[Added 5-14-1997 by Ord. No. 710-97;
amended 3-11-1998 by Ord. No. 724-98; 5-9-2001 by Ord. No. 762-2001; 3-13-2002 by Ord. No. 773-2002; 9-9-2009 by Ord. No. 870-2009]
A.
ALTERNATIVE TOWER STRUCTURE
ANCILLARY FACILITIES
ANTENNA
BACKHAUL NETWORK
BUFFER AREA
CARRIER
CO-LOCATION
FAA
FALL ZONE
FCC
FUNCTIONALLY EQUIVALENT SERVICES
GUYED TOWER
HEIGHT
LATTICE TOWER
MONOPOLE
MOUNT
PERSONAL WIRELESS SERVICE FACILITY
PREEXISTING TOWERS and PREEXISTING ANTENNAS
RADIO FREQUENCY RADIATION (RFR)
RADIO FREQUENCY (RF) ENGINEER
STEALTH DESIGN
TELECOMMUNICATIONS FACILITY
TELECOMMUNICATIONS OR TRANSMISSION TOWER
WIRELESS COMMUNICATIONS
Definitions. As used in this section, the following items shall have
the meanings indicated:
Man-made trees, clock towers, bell steeples, flagpoles, and
similar alternative-design mounting structures that camouflage or
conceal the presence of antennas or towers.
The buildings, cabinets, vaults, closures and equipment required
for operation of telecommunication systems, including but not limited
to repeaters, equipment housing, and ventilation and other mechanical
equipment.
Any exterior apparatus designed for telephonic, radio, or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communication signals. Parabolic dish antennas used for satellite
communications shall not be included within this definition.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
The area surrounding a telecommunications tower and ancillary
facilities which lies between the tower and adjacent lot lines and/or
land uses.
A company that provides wireless services.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
The Federal Aviation Administration.
The area on the ground within a prescribed radius from the
base of a wireless telecommunications tower. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
The Federal Communications Commission.
Cellular radio, personal communication service (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging, commercial
land mobile radio and additional emerging technologies.
A tower which is supported or braced through the use of cables
(guy wires) which are permanently anchored.
When referring to a tower, the vertical distance measured
from the lowest finished grade at the base of the tower to the highest
point on the tower, even if said highest point is an antenna.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
The type of mount that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
A facility for the provision of personal wireless services,
as defined by the Telecommunications Act of 1996.
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this section, including
permitted towers or antennas that have been approved but have not
yet been constructed so long as such approval is current and not expired.
The emissions from personal wireless service facilities or
any electromagnetic energy within the frequency range from 0.003 MHZ
to 300,000 MHZ.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
A telecommunications facility that is designed or located
in such a way that the facility is not readily recognizable as telecommunications
equipment (see "alternative tower structure").
A facility designed and used for the purpose of transmitting,
receiving, and relaying voice and data signals from various wireless
communication devices, including transmission towers, antennas and
ancillary facilities. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio broadcasts are not "telecommunications facilities."
The monopole or lattice framework designed to support transmitting
and receiving antennas. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio signals are not "transmission towers."
Any personal wireless services, as defined in the Federal
Telecommunications Act of 1996, which includes FCC-licensed commercial
wireless telecommunications services, including cellular, personal
communication services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging, and similar services that
currently exist or that may in the future be developed. It does not
include any amateur radio facility that is owned and operated by a
federally licensed amateur radio station operator or is used exclusively
for receive-only antennas, nor does it include noncellular telephone
service.
B.
Applicability.
(1)
New towers and antennas. All new telecommunications towers or
antennas in the Borough of Northvale shall be subject to these regulations.
(3)
District height limitations. The requirements set forth in this
section shall govern the location of telecommunications towers that
exceed, and antennas that are installed at a height in excess of,
the height limitations specified for each zoning district.
(4)
Public property. Antennas or towers located on property owned,
leased or otherwise controlled by the governing authority shall be
encouraged, provided a license or lease authorizing such antenna or
tower has been approved by resolution by the governing authority.
Said approved publicly owned sites utilized for the purpose of constructing
towers and/or antennas shall be treated as engaging in a conditional
use under this section.
(5)
Amateur radio station operators/receive-only antennas. This
section shall not govern any tower, or the installation of any antenna,
that is under 70 feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for
receive-only antennas.
(6)
Satellite dish antennas. This section shall not govern any parabolic
dish antennas used for transmission or reception of radio signals
associated with satellites.
C.
General requirements.
(1)
Principal or accessory use. Telecommunications antennas and
towers may be considered either principal or accessory uses. Notwithstanding
any other Borough land use regulation, a different existing structure
on the same lot shall not preclude the installation of an antenna
or tower on such lot. If a tower and its appurtenant structures constitute
the sole use of the lot, the tower shall be deemed to be the principal
use.
(2)
Lot size. For purposes of determining whether the installation
of a tower or antenna complies with zone development regulations,
including but not limited to setback requirements, lot coverage requirements,
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
(3)
State or federal requirements. All towers must meet or exceed
current standards and regulations of the FAA, the FCC, and any other
agency of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this section
shall bring such towers and antennas into compliance with such revised
standards and regulations within 90 days of the effective date of
such standards and regulations, unless a different compliance schedule
is mandated by the controlling state or federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
(4)
Building codes: safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable state or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association and Telecommunications Industry
Association, as amended from time to time. If, upon inspection, the
Borough of Northvale concludes that a tower fails to comply with such
codes and standards and constitutes a danger to persons or property,
then, upon notice being provided to the owner of the tower, the owner
shall have 30 days to bring such tower into compliance with such standards.
Failure to bring such tower into compliance within said 30 days shall
constitute grounds for the removal of the tower or antenna at the
owner's expense.
(5)
Not essential services. Telecommunications towers and antennas
shall be regulated and permitted pursuant to this section and shall
not be regulated or permitted as essential services, public utilities,
or private utilities.
(6)
Co-location required. The Borough of Northvale mandates that carriers co-locate antennas on towers and other structures whenever possible. See Subsection F for co-location requirements.
(7)
Conditional use. All telecommunications facilities in the Borough
of Northvale shall be conditional uses in accordance with N.J.S.A.
40:55D-67.
(8)
Site plan required. Site plan approval shall be required for
all new telecommunications facilities in the Borough of Northvale,
including modifications to or addition of new telecommunications facilities
to preexisting towers, buildings or other structures.
D.
Use regulations.
(1)
Conditional use. Wireless telecommunications facilities are
permitted as conditional uses:
(2)
Conditional use standards. Wireless telecommunications facilities
may be permitted on the above-referenced lands, provided that:
(3)
Factors considered in granting conditional use permits.
(a)
In addition to the above standards, the Planning Board shall
consider the following factors in determining whether to issue a conditional
use permit:
[1]
Proximity of the tower to residential structures
and residential district boundaries;
[2]
Nature of uses on adjacent and nearby properties;
[3]
Surrounding topography;
[4]
Surrounding tree coverage and foliage;
[5]
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness, including stealth designs, which are encouraged;
[6]
Availability of suitable existing towers, alternative
tower structures, other structures or alternative technologies not
requiring the use of towers or structures; and
[7]
Availability of the proposed tower to other potential
carriers.
(b)
This list is considered to be illustrative in nature and may
not include all factors to be considered.
E.
Site design standards. The following site design standards shall
apply to wireless telecommunications facilities:
(1)
New towers.
(a)
Telecommunications towers may not be located closer than 150
feet to any residential lot line in a residential zone. Antennas located
on preexisting buildings or structures are exempt from this requirement.
(b)
Fall zone. A fall zone shall be established such that the tower
is set back 150% of the height of the tower from any building intended
for human occupancy on an adjoining lot.
(c)
Security fencing. Towers shall be enclosed by security fencing
not less than eight feet in height. Towers shall also be equipped
with appropriate anticlimbing measures.
(d)
Landscaping. The following requirements shall govern the landscaping
surrounding towers:
[1]
Tower facilities shall be landscaped with a buffer
of plant materials that effectively screens the view of the tower
compound from property used for residences or planned residences or
any other area frequented by the public. The standard buffer shall
consist of a landscaped strip at least eight feet wide outside the
perimeter of the compound. However, at a minimum, the facility should
be shielded from public view by evergreen trees at least eight feet
high at planting.
[2]
In locations where the visual impact of the tower
would be minimal, the landscaping requirement may be reduced at the
sole discretion of the approving authority.
[3]
Existing mature tree growth and natural landforms
on the site shall be preserved to the maximum extent possible.
(e)
Ancillary buildings. Any proposed building enclosing related
electronic equipment shall not be more than 10 feet in height nor
more than 200 square feet in area, and only one such building shall
be permitted on the lot for each provider of wireless telecommunication
services located on the site.
(f)
Aesthetics. Towers and antennas shall meet the following requirements:
[1]
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color so as to reduce visual obtrusiveness.
[2]
At a tower site, the design of the buildings and
related structures shall, to the extent possible, use materials, colors,
textures, screening, and landscaping that will blend them into the
natural setting and surrounding buildings.
(g)
Lighting. No lighting is permitted except as follows, which
shall be subject to review and approval by the Planning Board as part
of the site plan application:
[1]
The building enclosing electronic equipment may
have one light at the entrance to the building, provided that the
light is attached to the building, is focused downward and is switched
so that the light is turned on only when workers are at the building;
and
[2]
No lighting is permitted on a tower except lighting
that specifically is required by the Federal Aviation Administration
(FAA) and that is specifically required at the discretion of the Planning
Board, and any such required lighting shall be focused and shielded
to the greatest extent possible so as not to project towards adjacent
and nearby properties.
(h)
Signs. No signs are permitted except those required by the Federal
Communications Commission, the Electronic Industries Association (EIA)
and/or the Telecommunication Industry Association (TIA) or by law,
such as warning and equipment information signs.
(2)
Antennas mounted on existing structures or rooftops.
(a)
Antennas on existing structures. Any antenna which is not attached
to a tower may be attached to any existing business, industrial, office,
utility or institutional structure in the C-3, LI-1 and LI Zone Districts,
provided:
[1]
Side- and roof-mounted personal wireless service
facilities shall not project more than 10 feet above the height of
an existing building or structure nor project more than 10 feet above
the height limit of the zoning district within which the facility
is located. Personal wireless service facilities may locate on a building
or structure that is legally nonconforming with respect to height,
provided that the facilities do not project more than 10 feet above
the existing building or structure height.
[2]
The antenna complies with all applicable FCC and
FAA regulations.
[3]
The antenna complies with all applicable building
codes.
[4]
The equipment structure shall not contain more
than 200 square feet of gross floor area or be more than 10 feet in
height. In addition, for buildings and structures which are less than
28 feet in height, the related unmanned equipment structure shall
be located on the ground and shall not be located on the roof of the
structure.
(b)
Aesthetics. If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(3)
Antennas on existing towers. An antenna may be attached to a
preexisting tower in a nonresidential zone, and to minimize adverse
visual impacts associated with the proliferation and clustering of
towers, co-location of antennas by more than one carrier on existing
towers shall take precedence over the construction of new towers,
provided such co-location is accomplished in a manner consistent with
the following:
(a)
A tower which is modified or reconstructed to accommodate the
co-location of an additional antenna shall be of the same tower type
as the existing tower, unless reconstruction as a monopole is proposed.
(b)
An existing tower may be modified or rebuilt to a taller height,
not to exceed the maximum tower height established by this section.
F.
Co-location.
(1)
The Borough of Northvale requires that licensed carriers share
personal wireless service facilities and sites where feasible and
appropriate, thereby reducing the number of personal wireless service
facilities that are stand-alone facilities. All applicants for site
plan approval for a personal wireless service facility shall demonstrate
a good-faith effort to co-locate with other carriers. Such good-faith
effort includes:
(a)
A survey of all existing structures that may be feasible sites
for co-locating personal wireless service facilities;
(b)
Notification by certified mail of intent to seek site plan approval
to all the other licensed carriers for commercial mobile radio services
operating in the county;
(c)
Sharing information necessary to determine if co-location is
feasible under the design configuration most accommodating to co-location;
and
(d)
A copy of a proposed lease or affidavit of compliance with this
section.
(2)
In the event that co-location is found to be not technically
feasible, a written statement of the reasons for the infeasibility
shall be submitted to the Borough. The Borough may retain a technical
expert in the field of RF engineering to verify if co-location at
the site is not feasible or is feasible given the design configuration
most accommodating to co-location. The cost for such a technical expert
will be at the expense of the applicant. The Borough may deny approval
to an applicant that has not demonstrated a good-faith effort to provide
for co-location.
(3)
If the applicant does intend to co-locate or to permit co-location,
plans and elevations which show the ultimate appearance and operation
of the personal wireless service facility at full build-out shall
be submitted.
G.
Location priorities. Wireless telecommunications facilities shall
be located and approved in accordance with the following prioritized
locations:
(1)
The first priority shall be co-location on existing towers within
the Borough, upon application and approval of the Northvale Zoning
Board of Adjustment.
(2)
The second priority shall be new towers on lands owned by the
Borough of Northvale or other public entity or on lands within the
LI Zone District.
(3)
The third priority shall be an existing building in the LI-1,
C-2 or C-3 Zone District.
(4)
The fourth priority shall be new towers within the LI, LI-1,
C-2 or C-3 Zone District.
(5)
The fifth priority shall be new towers on lands owned by religious
institutions or other nonprofit entities in the LI, LI-1, C-2 or C-3
Zone District.
H.
Site plan submission requirements. In addition to the site plan submission requirements of § 159-3 and other applicable sections of Chapter 159, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:
(1)
Comprehensive service plan. In order to provide proper evidence
that any proposed location of wireless telecommunications antennas
(and any supporting tower and/or ancillary building enclosing related
electronic equipment) has been planned to result in the fewest number
of towers within the Borough of Northvale at the time full service
is provided by the applicant throughout the Borough, the applicant
shall submit a comprehensive service plan. Said comprehensive service
plan shall indicate how the applicant proposes to provide full service
throughout the Borough, and, to the greatest extent possible, said
service plan shall also indicate how the applicant's plan is coordinated
with the needs of all other providers of telecommunications services
within the Borough of Northvale. The comprehensive service plan shall
indicate the following:
(a)
Whether the applicant's subscribers can receive adequate service
from antennas located outside of the borders of the Borough of Northvale.
(b)
How the proposed location of the antennas relates to the location
of any existing towers within and/or near the Borough of Northvale.
(c)
How the proposed location of the antennas relates to the anticipated
need for additional antennas and supporting towers within and/or near
the Borough of Northvale by both the applicant and by other providers
of telecommunications services within the Borough of Northvale.
(d)
How the proposed location of the antennas relates to the objective
of co-locating the antennas of different service carriers on the same
tower.
(e)
How the proposed location of the antennas relates to the overall
objective of providing full telecommunications services within the
Borough of Northvale while, at the same time, limiting the number
of towers to the fewest possible.
(2)
A scaled site plan clearly indicating the location, type and
height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning (including when adjacent to other municipalities),
and all properties within the applicable fall zone, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other structure, topography,
parking and other information deemed by the approving authority to
be necessary to assess compliance with this section.
(3)
A legal description of the entire tract and leased parcel (if
applicable).
(4)
The setback distance between the proposed tower and the nearest
residential unit and residentially zoned properties.
(5)
The separation distance from other towers and antennas.
(6)
A landscape plan showing specific landscape materials, including
but not limited to species type, size, spacing and existing vegetation
to be removed or retained.
(7)
The method of fencing and finished color and, if applicable,
the method of camouflage.
(8)
A description of compliance with all applicable federal, state
or local laws.
(9)
A notarized statement by the applicant as to whether construction
of the tower will accommodate co-location of additional antennas for
future users.
(10)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other telecommunications
sites owned or operated by the applicant in the Borough.
(11)
A letter of commitment to lease excess space to other potential
users at prevailing market rates and conditions. The letter of commitment
shall be in a form suitable for recording with the County Clerk prior
to the issuance of any permit and shall commit the tower owner(s),
property owner(s) and their successors in interest.
(12)
A visual impact study containing, at a minimum, a photographic
simulation showing the appearance of the proposed tower, antennas,
and ancillary facilities from at least five points within a three-mile
radius. Such points shall be chosen by the carrier, with review and
approval by the Planning Board planning consultant, to ensure that
various potential views are represented.
(13)
An analysis of the RFR levels at the facility as a means of
assessing compliance with the FCC RF safety criteria. This analysis
shall:
(a)
Take into consideration all co-located radio transmitting antennas
and/or nearby antennas that could contribute to RFR levels at the
facility.
(b)
Be performed by an RF engineer, health physicist or similar
knowledgeable individual.
(c)
Follow current methods recommended by the FCC for performing
such analyses.
I.
Monitoring and maintenance. The applicant and co-applicant shall
maintain the personal wireless service facility in good condition.
Such maintenance shall include but shall not be limited to painting,
structural integrity of the mount and security barrier, and maintenance
of the buffer areas and landscaping.
J.
Abandonment or discontinuation of use.
(1)
At such time that a licensed carrier plans to abandon or discontinue
operation of a personal wireless service facility, such carrier shall
notify the Borough Clerk by certified United States mail of the proposed
date of abandonment or discontinuation of operations. Such notice
shall be given no less than 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give
such notice, the wireless telecommunications facility shall be considered
abandoned upon discontinuation of operations.
(2)
Upon abandonment or discontinuation of use, at the option of
the Borough, the carrier shall physically remove the personal wireless
service facility within 90 days from the date of abandonment or discontinuation
of use. "Physically remove" shall include but not limited to:
(a)
Removal of antennas, mount, equipment shelters and security
barriers for the subject property.
(b)
Proper disposal of the waste materials from the site in accordance
with local, county and state solid waste disposal regulations.
(c)
Restoring the location of the personal wireless service facility
to its natural condition, except that any landscaping and grading
shall remain in the after-condition.
K.
Severability. The various parts, subsections and clauses of this
section are hereby declared to be severable. If any part, sentence,
paragraph, subsection or clause is adjudged unconstitutional or invalid
by a court of competent jurisdiction, the reminder of this section
shall not be affected thereby,
L.
Repealer. Any ordinances or parts thereof in conflict with the provisions
of this section are hereby repealed as to their inconsistencies only.
M.
Effective date. This section shall take effect upon final passage
and publication pursuant to law.
[Added 10-11-2017 by Ord. No. 982-2017]
A.
ILLEGAL DWELLING UNIT
(1)
(2)
(3)
(4)
(5)
(6)
Definitions.
For the purposes of this section, the following terms shall have the
meanings indicated:
Dwelling unit shall mean one or more rooms occupied or intended
for occupancy as a separate living quarters by one or more families,
not common to the main residence and/or has only access from directly
outside and/or has locked doors separating units. Dwelling unit is
a separate area providing cooking, sleeping and sanitary facilities.
An additional dwelling unit, within a single-family, for which
no certificate of occupancy has been issued after 1965.
Any additional dwelling units, within any structure prior to
1965, that legal documentation cannot be shown built as preexisting
nonconforming or have a Board use variance per the Northvale Zoning
Ordinance.
A dwelling unit which is created without the necessary building,
electric, plumbing or fire permits and approval after 1965.
The landlord shall be deemed to be the owner in fee, irrespective
of residency within the building, or any entity that owns or possesses
property due foreclosure.
Any other dwelling or rental unit which is in violation of any
state, county or municipal statue, regulation and/or ordinance.
B.
Rental
or payment for use prohibited.
(1)
No person shall charge, demand, receive or accept any rent or other
payment for the use or occupancy of any residential premises within
the Borough of Northvale which is used or occupied in violation of
the Zoning Ordinance of the Borough of Northvale. Each such charge,
demand, receipt or acceptance of such rent or other payment in violation
hereof shall constitute a separate offense.
(2)
No person, specifically including but not limited to those persons
commonly known as "real estate agents," "brokers" or "salespersons,"
shall assist, aid or facilitate in the rental, sale, use or occupancy
of any residential premises within the Borough of Northvale which
is used or occupied or intended to be used or occupied in violation
of the Zoning Ordinance of the Borough of Northvale. For purposes
of this article, the acts of listing for rental or sale, advertising
or otherwise offering for rent, lease or sale any residential premises
within the Borough of Northvale which are used or occupied or intended
to be used or occupied in violation of the Zoning Ordinance of the
Borough of Northvale shall be deemed to constitute a violation of
this article. Any person who is to receive a commission, profit or
other form of remuneration or emolument as a result of a rental, lease
or sale of residential premises shall have a duty to make reasonable
written inquiry to determine whether or not the use or occupancy or
intended use or occupancy is or will be in violation of the Zoning
Ordinance of the Borough of Northvale.
C.
Notification
of occupants.
(1)
The Zoning Official or designee shall issue a court summons, in violation
of this section, to the owner of record, and an order to vacate shall
be posted. Within 10 days following receipt of this notice to abate
an unlawful occupancy in violation of the Zoning Ordinance of the
Borough of Northvale or within 10 days following receipt of a summons
for violation of this section or the Zoning Ordinance of the Borough
of Northvale or prior to the institution of dispossess proceedings
to correct an illegal occupancy, whichever first occurs, the owner
of residential premises within the Borough of Northvale shall serve
upon all of the unlawful occupants using or occupying said residential
premises a copy of this section and shall post a copy of this section
in a common area of the premises accessible to all the occupants thereof
for inspection.
(2)
Upon written notification or violation by the Zoning Official that
the apartment is illegal, the landlord shall place all prospective
and future rent in an interest-bearing escrow account until finalization
of the municipal action. The landlord shall have an affirmative obligation
to produce proof of this account to the Municipal Court Judge at summoned
hearing.
(3)
In addition, other action or violations may be issued to the landlord,
as required, by the appropriate Borough officials in regard to the
health, safety and welfare of the occupants.
D.
Violations
and penalties.
(1)
Any person violating and convicted of any provision of this section
shall be subject to a fine of not less than $1,000 or more than $2,000
or by imprisonment for a term not exceeding 90 days, or both, for
each separate violation of same.
(2)
In addition to requiring reimbursement from the owner-landlord of the structure for relocation assistance paid to a displaced tenant, and notwithstanding the provisions of Subsection A of this section, the Municipal Court may impose an additional fine for zoning or housing code violation for an illegal occupancy up to an amount equal to six times the monthly rental paid by the displaced person to be paid to the municipality by the owner-landlord of the structure pursuant to the provisions of N.J.S.A. 2A:18-61.1g(c). Notwithstanding the penalties provided above, a second or subsequent violation for an illegal occupancy as provided in this subsection by any owner-landlord for a second or subsequent violation, the Municipal Court may impose a fine equal to the annual tuition costs of any resident of the illegally occupied unit attending a public school, which fine shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to Penalty Enforcement Law of 1999 (N.J.S.A. 2A:58-10 et seq.). The Municipal Court and the Superior Court shall have jurisdiction of the proceedings for the enforcement of the penalty provided by this section. The tuition costs shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19, and the payment of the fines shall be remitted to the appropriate school district.
(3)
In those instances where a violation of this section is based on
the maintenance of residential dwelling units above the number of
units permitted by the Zoning Ordinance on a particular parcel of
land (e.g., the maintenance of a structure with two residential dwelling
units in a zoning district where single-family homes are permitted),
the defendant who is the owner of a property shall be required to
permanently remove the kitchen, bathroom, bedroom, point of entrance/egress
or any other offending illegal structure, appliance or fixture. The
Borough Construction Official or his designee shall inspect the premises
to insure that said removal is accomplished within 30 days of the
date of the entry of the judgment of conviction by the Municipal Court.
E.
Costs
of moving to be borne by violator.
(1)
Any tenant who receives a notice of eviction pursuant to the provisions
of N.J.S.A. 2A:18-61.2 that results from zoning or code enforcement
activity for an illegal occupancy shall be considered a displaced
person and shall be entitled to relocation assistance in an amount
equal to six times the monthly rental paid by the displaced person.
The owner-landlord of the structure shall be liable for the payment
of relocation assistance pursuant to this section.
(2)
The Borough of Northvale may pay relocation assistance to any displaced person who has not received the required payment from the owner-landlord of the structure at the time of eviction pursuant to Subsection A. All relocation assistance costs incurred by a municipality pursuant to this subsection shall be repaid by the owner-landlord of the structure to the municipality in the same manner as relocation costs are billed and collected under the provisions of N.J.S.A. 20:4-4.1 and N.J.S.A. 20:4-4.2.
F.
Restitution
to Borough. The Mayor and Council hereby determines that the use and
occupancy of illegal residential apartments, as set forth above, are
detrimental to the general health, safety and welfare of the Borough,
and that such illegal occupancies generate the utilization of Borough
services, including fire, police, sanitation, public works and general
administration, and further generate the use of motor vehicles which
take parking spaces and create traffic, while escaping real estate
taxation. The Borough finds this to be an unfair and inequitable situation.
The Borough further determines that the harm and detriment to the
Borough is difficult to measure and hereby determines that the most
reasonable way to calculate the damage and detriment caused to the
Borough by illegal occupancies is by calculating same as a percentage
of the rental payment charged by the owner to the occupant on account
of the illegal occupancy. The Borough determines that a percentage
of 10% of the rent to be fair and reasonable as a measure of the damage
and detriment caused to the Borough, and the Mayor and Council may
authorize the Borough Attorney to recover from any person who charges,
demands, receives or accepts rent or payment for such an illegal occupancy
to make restitution to the Borough for the damage and detriment caused
to the Borough during a period of illegal occupancy.
G.
Findings
and declarations. The Mayor and Council hereby finds and declares
that there has been a proliferation of what are commonly known as
"illegal apartments," meaning residential dwelling units which are
occupied in violation of zoning laws. These illegal apartments manifest
themselves as a second residential unit in a building in a one-family
zone. The Mayor and Council hereby further find and declare that such
illegal units have a deleterious effect on the quality of life of
Borough residents, require the provision of Borough services, generate
young people who attend Borough schools, increase the utilization
of Borough programs and services, contribute to the costs of the Borough
by increasing the generation of refuse (garbage) and sewer flow, contribute
to overcrowding, generate traffic within the Borough, generate automobiles
which contribute to parking shortages throughout the Borough and lead
to the maintenance of dwelling units which often fail to meet health,
safety and building code standards. By their nature, such units generally
escape taxation as their maintenance and existence is normally hidden
and not used for tax assessment purposes. The use and maintenance
of said illegal apartments is also unfair to the vast majority of
Borough residents who abide by zoning laws.
H.
Declaration
of policy. The Borough of Northvale hereby declares it to be the policy
of the Borough to eliminate all illegal dwelling units within the
Borough of Northvale and prevent them from reoccurring.
