Township of Teaneck, NJ
Bergen County
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Table of Contents
Table of Contents
There is hereby created a Site Plan Review Advisory Board, pursuant to N.J.R.S. 40:55D-39f, for the purpose of reviewing site plan applications and making recommendations to the Planning Board and Board of Adjustment in regard thereto.
(a) 
Members; qualifications. The Advisory Board shall consist of nine members. Each member thereof shall be specially qualified by reason of training or experience in architecture, engineering, land development, municipal planning, real estate, landscape architecture or other relevant profession or business, or by reason of civic interest and proven ability to determine the effects of a development upon the standards set forth in this chapter. At least two regular members shall be registered architects, and at least two regular members shall be professional engineers.
(b) 
Alternate members. The Advisory Board may also include two alternate members, who shall serve in rotation during the absence or disqualification of any regular member or members but shall be appointed for two-year terms. Alternate members shall have the same qualifications as regular members and, while serving, shall have the same authority, responsibilities and duties as regular members.
(c) 
Appointment; term. Regular members of the Advisory Board shall be appointed by the Mayor, without compensation, for three-year terms; provided, however, that the initial appointments shall be for three years (three persons), two years (three persons) and one year (three persons), so as to create three vacancies in each year.
(d) 
Offices; staff. Two regular members shall be elected by the Advisory Board, including alternate members, to serve as Chairman and Vice Chairman, respectively. During the absence, disability or disqualification of the Chairman, the Vice Chairman shall exercise or perform all the duties and be subject to all the responsibilities of the Chairman. In the absence of the Chairman and Vice Chairman, the remaining members shall select an Acting Chairman. Said election shall take place at the first meeting of the Advisory Board in each calendar year.
A Township employee, appointed by the Township Manager, shall act as Secretary of the Advisory Board and shall serve at the pleasure of the Manager but shall have no vote. One regular member of the Advisory Board shall be a member of the Planning Board, who shall be entitled to vote as a member of both Boards.
(e) 
Rules of procedure. A quorum shall consist of three members, at least one of whom shall be a registered architect or professional engineer. The concurrence of a majority of the members of the Board present and voting shall be necessary to determine any question before the Board.
The advisory board shall hold at least two regular meetings each month, unless there is no public business pending. The deliberations and proceedings of the advisory board shall be public. The advisory board shall keep minutes of its proceedings, and such minutes shall be public records.
The advisory board may adopt and amend rules to govern the conduct of its business, consistent with the provisions of this chapter.
(f) 
Standards of conduct. No member of the advisory board shall be permitted to act on any matter in which the member has, either directly or indirectly, any personal or financial interest. The provisions of the Code of Ethics, Chapter 2, Section 2-146 et seq., shall apply.
[Ord. No. 1811, § 17; Ord. No, 1859, 5-27-1980, § 3]
[Ord. No. 1811, § 18; Ord. No. 1859, 5-27-1980, § 4; Ord. No. 3267, 6-26-1990, § 1; Ord. No. 3381, 12-21-1993, § 1; Ord. No. 3475, 10-8-1996, § 1; Ord. No. 3479, 10-22-1996, § 1; Ord. No. 3908, 10-6-2005, § 1; Ord. No. 4007, 5-21-2007, § 1]
(a) 
Application of requirements.
(1) 
Except as provided herein, no zoning permit or building permit shall be issued for a building, structure or use, or any enlargement, expansion or change of use, and no business sign permit or certificate of use shall be issued, unless site plan approval is obtained.
[Amended by Ord. No. 4281, 1-22-2013]
(2) 
No certificate of occupancy or certificate of continued occupancy shall be issued unless the development is complete and it conforms to the site plan as approved.
(b) 
When site plan approval required.
(1) 
Site plan review shall not be required for individual lot applications for detached buildings with one or two dwelling units or, subject to Subsection (b)(3) hereof, for uses or installations accessory thereto, such as a private garage, tennis court, toolhouse, private greenhouse or swimming pool.
(2) 
Site plan approval shall not be required if it involves either:
a. 
Minor repairs to the interior of a building which do not involve structural change or enlargement of the building, as determined by the Zoning Officer; or
b. 
Renovations or alterations to the exterior design of a building or structure which do not involve any enlargement of the building or major structural change, as determined by the Zoning Officer; or
c. 
Business signs which conform to the business sign design standards set forth in Section 33-18(c) hereof, as determined by the Zoning Officer.
(3) 
Except with respect to individual lot applications for detached one- or two-dwelling-unit buildings, the Zoning Officer may refer any application for a building permit to the approving authority for site plan approval, where in the judgment of the Zoning Officer the construction, reconstruction, alteration or change of use may substantially affect water supply, sewage disposal, drainage, natural terrain and vegetation, light and air and vehicular and pedestrian traffic and circulation.
(4) 
Any determination by the Zoning Officer that site plan approval is not required shall be set forth in writing by the Zoning Officer, with copies of said letters filed with the applicant and administrative officer.
(c) 
Preliminary approval.
(1) 
Submission; time limitations. An application for site plan review shall be submitted to the secretary of the approving authority on forms supplied by the approving authority, the required fee and such other information as the rules and regulations of the approving authority shall require, not inconsistent herewith. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes only. If architectural plans are required to be submitted, preliminary plans and elevations shall be sufficient at this stage. If an application for development is found to be incomplete, the applicant shall be notified thereof within 45 days of the submission of such application or it shall be deemed to be properly submitted.
If the approving authority requires any substantial amendment in the layout of improvements proposed by the developer, which improvements have already been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The approving authority shall, if the proposed development complies with the design standards of this chapter, grant preliminary site plan approval.
The approving authority shall accept simultaneous applications for preliminary and final site plan approval where so requested by the applicant, provided that all of the conditions, requirements and safeguards established for preliminary and final site plan approval are adhered to.
(2) 
Contents of site plan. The site plan shall be drawn under seal by a registered architect and/or professional engineer to a scale of not less than one inch equals 50 feet, unless the advisory board requires a smaller scale. It shall also bear the signature and seal of a licensed land surveyor as to the topographic and boundary survey data, be based upon tax map information or some other similarly accurate base and include the following information, unless waived by the advisory board as not being necessary or relevant to the particular application:
a. 
A title block in the lower right-hand corner of the plan containing the name and address of the record owner; the block and lot number of the site; the title of the development; and the name, address, license number and seal of the person preparing the plan.
b. 
A date block, adjacent to the title block, containing the date of preparation. All subsequent revisions shall be noted and dated.
c. 
A key map, showing the location of the tract with reference to surrounding areas and existing street intersections within 1,000 feet of the boundaries of the subject premises.
d. 
A graphic representation of the scale and a North arrow. All distances and dimensions shall be in feet and decimals of a foot and all bearings shall be given to the nearest 10 seconds.
e. 
The block and lot numbers of all properties within 200 feet of the subject premises, as shown on the current Township tax records.
f. 
Zone district boundaries, if any, within 200 feet. Such features may be shown on a separate map or as a key on the detail map itself.
g. 
Survey data, showing boundaries of the property, building and setback lines and lines of existing and proposed streets, lots, reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way. All distances are measured along the right-of-way lines of existing streets abutting the property to the nearest intersection with any other street.
h. 
Location plans and elevations of existing buildings which shall remain and other existing structures, such as walls, fences, culverts and bridges, with spot elevations of such structures. Structures to be removed shall be indicated by dashed lines; structures to remain shall be indicated by solid lines.
i. 
Location plans and elevations of proposed buildings and other structures, building and setback lines, building heights in feet and stories and lot coverage calculations.
j. 
Location, height, dimensions and details of all signs either freestanding or affixed to a building. Where signs are not to be provided, a notation to that effect shall be indicated on the site plan.
k. 
Storm drainage structures, soil erosion and sediment control devices and utility lines, whether publicly or privately owned, with pipe sizes, grades and direction of flow, and if any existing utility lines are underground, the proposed location of same.
l. 
Existing and proposed contours, referred to United States Coast and Geodetic survey datum, with a contour interval of one foot for slopes of 3% or less, an interval of two feet for slopes of more than 3% but less than 15% and an interval of five feet for slopes of 15% or more. Existing contours are to be indicated by dashed lines, and proposed contours are to be indicated by solid lines.
m. 
Existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant existing features, including previous flood elevations of watercourses where available, ponds and marsh areas.
n. 
Proposed streets with profiles indicating grading, and cross-sections showing width of roadway, location and width of sidewalks where required and location and size of utility lines.
o. 
Proposed use or uses of land and buildings; floor space of all buildings and estimated number of employees, housing units or other capacity measurements. If the precise use of the building is unknown at the time of application, an amended plan showing the proposed use shall be required prior to issuance of a certificate of occupancy.
p. 
All means of vehicular ingress and egress to and from the site onto public or private streets, showing the size and location of driveways and curb cuts, including the possible organization of traffic channels, acceleration and deceleration lanes, additional width and other traffic controls which may be required. Improvements such as roads, curbs, sidewalks and other design detail shall be indicated, including dimensions of parking stalls, access aisles, curb radii and direction of traffic flow.
q. 
Location and design of any off-street parking areas or loading areas showing size and location of bays, aisles and barriers.
r. 
Location of all proposed water lines, valves and hydrants and all sewer lines or alternative means of water supply or sewage disposal and treatment.
s. 
Proposed location, direction of illumination, power and time of proposed outdoor lighting, type of standards to be employed, radius of light and intensity in footcandles.
t. 
Proposed screening, landscaping and planting plan, indicating natural vegetation to remain and type of vegetation to be utilized. All trees which are to be removed as the result of the construction of proposed buildings and other structures on site shall be clearly designated. The applicant shall certify the necessity of the removal of the so-designated trees and why alternative locations for construction of proposed buildings and other structures are not feasible on site. Every tree at least five inches in caliper shall be specifically and clearly identified.
u. 
A table indicating in the left-hand column the following zoning ordinance requirements and in the right-hand column the proposed development of these criteria:
1. 
Minimum lot area.
2. 
Minimum lot width.
3. 
Minimum lot depth.
4. 
Maximum building or structure height, in feet and stories.
5. 
Floor area or other volume measure of building.
6. 
Minimum front yard.
7. 
Minimum side yard(s).
8. 
Minimum rear yard.
9. 
Maximum lot coverage by building structures.
10. 
Dimensions of buffer areas.
11. 
Number of off-street parking spaces.
12. 
Distance to nearest residential zone district line, if the subject property is not in the R-S Zone.
13. 
Number of employees to occupy buildings.
(3) 
Referral to advisory board. Except with respect to exterior business signs, the Zoning Officer shall forward the site plan to the advisory board, whether the approving authority is the Planning Board or Board of Adjustment. Exterior business sign applications shall bypass the advisory board and be reviewed directly by the approving authority. Within its jurisdiction, the advisory board shall review all drawings, plans and specifications submitted and report thereon to the approving authority within 30 days of receipt of a complete application and site plan for a development involving 10 acres of land or less or within 60 days of receipt of a complete application and site plan for a development involving more than 10 acres. The foregoing time limitations may be extended with the consent of the applicant.
The approving authority shall have authority to proceed on a preliminary site plan application in the absence of an advisory board report if the approving authority finds such recommendations to be not essential to its determination or if the above time period for advisory board action is about to expire without the applicant consenting to an extension of time. The recommendations of the advisory board are not binding upon the approving authority and may be followed or not followed, in whole or in part, by the approving authority, as it deems appropriate.
Upon receipt of the site plan, the advisory board shall distribute copies to the Environmental Commission, the Township Engineer and such other Township boards, agencies and personnel as the advisory board may direct. The applicant may be required to furnish an environmental impact statement if the conditions of Section 33-19 hereof are applicable. Such persons, agencies and boards shall make recommendations in writing directly to the approving authority within 15 days of receipt of the request for an advisory report. The approving authority shall have authority to proceed in the absence of such recommendations if it finds such recommendations to be not essential to its determination or if the statutory time limitation for approving authority action, as hereinafter set forth, is about to expire without the applicant consenting to an extension of time.
(4) 
Time limitation for approving authority action. Upon submission of a complete application (as ultimately determined by the approving authority) for a site plan for 10 acres of land or less, the approving authority shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the applicant. Upon the submission of a complete application for a site plan of more than 10 acres, the approving authority shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the site plan.
(5) 
Hearing. Upon submission of a complete application and site plan, a public hearing shall be held in accordance with Chapter 2 of the Code and N.J.S.A. 40:55D-10, 40:55D-11 and 40:55D-12. Public notice in accordance with N.J.S.A. 40:55D-12 shall be required if the development is, in whole or in part, for a commercial or quasi-public use (such as a hospital or university expansion) or for more than three residential units; provided, however, that site plan reviews limited to business signs, repaving of existing off-street parking areas or improvements to business facades shall not require public notice.
(6) 
County Planning Board review. Whenever review and/or approval of the application by the county Planning Board is required by N.J.S.A. 40:27-6.6, approval herein shall be conditional only, subject to timely receipt of a favorable report on the application by the county Planning Board or approval by the county Planning Board by its failure to report thereon within the required time period.
(7) 
Power to grant exceptions. The approving authority shall have the power to grant such exceptions from the requirements of site plan approval as may be reasonable and within the general purpose and intent of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
(8) 
Appeal. An appeal may be taken by any interested party to the Township Council from any preliminary site plan approval, conditional approval or disapproval, provided that such appeal is taken in accordance with N.J.S.A. 40:55D-17.
(9) 
Effect of preliminary approval.
a. 
Preliminary approval of a site plan shall, except as provided in Subsection (c)(9)b of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
1. 
The general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; and yard dimensions and off-tract improvements, except that nothing herein shall be construed to prevent the governing body from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
2. 
The applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section of the preliminary site plan.
3. 
The applicant may apply for and the approving authority may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if design standards have been revised by ordinance, such revised standards may govern.
b. 
In the case of a site plan of an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection (c)(9)a.1, 2 and 3 above, for such period of time, longer than three years, as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the approving authority may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
Failure to obtain final approval within the prescribed time limits as herein defined shall void the preliminary site plan approval.
(d) 
Final approval.
(1) 
Application; advisory reports. On or before the expiration date of preliminary approval or any extension thereof, the developer shall submit to the secretary of the approving authority a final site plan application, together with copies of the site plan previously approved, and such other information as the rules and regulations of the approving authority shall require, not inconsistent herewith.
Upon receipt, the secretary of the approving authority shall distribute notice of the filing of said application to the Township Engineer, the Construction Official and such Township boards, agencies and personnel as the approving authority may direct. Such person, agencies and boards shall make recommendations in writing to the approving authority within 15 days of the receipt of the request for an advisory report.
The Township Engineer and the approving authority's attorney shall advise the approving authority of the following:
a. 
Any departures in actual construction from preliminary approvals.
b. 
The nature of the improvements to be required as a condition of final approval.
c. 
The estimated value of the improvements installed or to be installed.
d. 
The nature and amount of performance guaranties, if any, to be required as a condition of final approval.
e. 
The provisions of open space reservation or dedication and the standards for open space organizations.
f. 
The effects, if any, of valuation, assessment and taxation of the Farmland Assessment Act.
g. 
The findings and compliance of all provisions under planned development status.
h. 
The amounts to be deposited, if any, to reimburse the approving authority and Township for costs incurred or to be incurred for legal, engineering, planning and other professional services, for recording fees and for any other costs anticipated by the approving authority.
i. 
Any other conditions upon which final approval should be granted or conditioned.
(2) 
Time limitations. Final approval shall be granted or denied within 45 days after submission of a complete final site plan application to the secretary of the approving authority, or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute final site plan approval, and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant.
(3) 
Developer's responsibilities.
[Amended by Ord. No. 5-2013, 4-23-2013]
a. 
The developer may be required to submit the following as a condition precedent to final site plan approval, including an approval gained by default under the time limitations imposed by statute:
1. 
A developer's agreement, of a form prepared by the Township Attorney and approved by the Township Attorney and Township Engineer as to form, setting forth the obligations of the applicant in connection with final approval.
2. 
Performance guaranties, in a form satisfactory to the Township Attorney and Township Engineer, complying with Section 33-21 of this chapter and guaranteeing performance of the developer's agreement.
3. 
Maintenance guaranties for work completed prior to final approval.
4. 
Deeds for any easements, rights-of-way or public lands, in a form satisfactory to the Township Attorney.
5. 
Evidence of compliance with other conditions imposed by the approving authority.
6. 
Proof of payment of taxes and assessments.
7. 
Payment of fees, charges and deposits (for monuments, sewer abeyance, etc.) or reimbursements to the approving authority and Township for costs incurred or to be incurred for legal, engineering, planning and other departmental or consultant services, for recording fees and for any other costs anticipated by the approving authority.
b. 
The Mayor and the Township Clerk on behalf of the Township are authorized to sign and attest developer's agreements prepared and approved in accordance with the provisions of this subsection.
(4) 
Hearing. Upon submission of a complete application for final site plan approval, a public hearing shall be held in accordance with Chapter 2 of the Code and N.J.S.A. 40:55D-10, 40:55D-11 and 40:55D-12. Public notice in accordance with N.J.S.A. 40:55D-12 shall be required if the development is, in whole or in part, for a commercial use or for more than three residential units; provided, however, that site plan reviews limited to business signs, repaving of existing off-street parking areas or improvements to business facades shall not require public notice.
(5) 
Appeal. An appeal may be taken by any interested party to the Township Council from any final site plan approval, conditional approval or disapproval, provided that such appeal is taken in accordance with N.J.S.A. 40:55D-17.
(6) 
Effect of final approval. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to law, whether conditional or otherwise, shall not be changed for a period of two years after the date of final approval, provided that final approval and the rights conferred by this section shall expire if the developer fails to secure a building permit to commence construction within two years of the date of final approval and said permit is not revoked.
In the case of a site plan for a planned development of 50 or more acres, the approving authority may extend the rights granted under final approval as shall be determined by the approving authority to be a reasonable term, taking into consideration the number of dwelling units and nonresidential floor area, economic conditions and the comprehensiveness of the development.
The approving authority may, as a condition of final approval:
a. 
Grant final approval for designated geographic sections of the development.
b. 
Grant final approval for certain work but require resubmission for final approval of designated elements, such as but not limited to landscaping, signs and artificial lighting, requiring approval of these elements as a condition precedent to the issuance of a certificate of occupancy. If a landscape plan is required for resubmission, no removal of trees or other natural vegetation (except grass-cutting and weed-pruning) shall be permitted until final approval of the landscape plan, unless the approving authority specifically permits any such removal.
c. 
Condition the granting of a certificate of occupancy upon the applicant or developer or subsequent assignees meeting certain requirements within a designated period of time from the date of issuance of the certificate of occupancy. This may include but is not limited to the installation of improvements on tract and off tract.
(e) 
Effect of a site plan approval. All premises shall be maintained and landscaped in accordance with all of the findings and resolutions of the Township Planning Board, Board of Adjustment and all other Township boards, departments and agencies. Landscaping, fencing shrubbery and all other ancillary requirements in site plan approvals shall be maintained on a permanent basis or until a new site plan is approved.
(a) 
Design standards generally. The site plan shall conform to standards that will encourage good development patterns within the Township and consistency with the requirements of the Zoning Ordinance. Subject to the waiver provisions of Section 33-2, the site plan shall conform to the proposals and conditions shown on the Official Map and Master Plan, with particular deference to the circulation plan and conservation plan elements of the Master Plan.
(b) 
Specific design standards. The standards and specifications of Section 33-15 relating to subdivisions are incorporated herein by reference. In addition thereto, the following shall apply, subject to the zoning criteria in Article V hereof:
(1) 
Flood hazard areas. Land subject to periodic or occasional flooding shall not be designed for residential occupancy nor for any other purpose which may endanger life or property or aggravate the flood hazard. Such land shall be considered for open spaces, yards or other similar uses, in accordance with floodplain regulations of the Township, state and federal government.
(2) 
Relation of proposed buildings to environment. Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity that have visual relationship to the proposed buildings without being excessively similar or excessively dissimilar. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings. An environmental impact statement may be required as provided in Section 33-19 hereof.
(3) 
Drives, parking and circulation. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian, bicycle and vehicular traffic and arrangement of parking areas that are safe and convenient and do not detract from the design of proposed buildings and structures and the neighboring properties. Treatment and design of proposed screening shall be shown. All parking spaces shall be usable and safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site. A development application relating to property within one thousand feet of a school shall give special consideration to the pedestrian and vehicular traffic generated by said school and the proposed development, and adequate safeguards shall be designed into the site plan to protect against adverse effects upon school children. The Traffic Engineering Handbook, published by the Institute of Traffic Engineers, Washington, D.C., Third Edition, 1965, or later, shall be followed with respect to parking, loading and similar design standards.
(4) 
Lighting. All area lighting for parking lots and security in nonresidential areas shall provide translucent fixtures with shields around the light source. The light intensity provided at ground level shall average a maximum of 0.5 footcandle over the entire area with a maximum of 1.0 footcandle at any point. Outdoor lighting for all purposes, except the lighting of one- and two-family dwellings, but including the lighting of accessory uses, shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences and overhead sky glow. No lighting source shall be visible from windows nor shall lighting shine directly into or reflect into windows. No lighting source shall be visible from streets and driveways nor shall lighting shine directly or reflect onto streets and driveways to interfere with driver vision. No lighting shall be of a yellow, red, green or blue beam nor be a beam of a rotating, pulsating or other intermittent frequency. The intensity of such light sources, light shielding, the direction and reflection of the lighting and similar characteristics shall be subject to site plan approval by the approving authority. The objective of these specifications is to minimize undesirable off-site effects. This regulation shall not apply to lights used at the entrance or exit of service drives.
(5) 
Advertising features. The size, location, design, color, texture, lighting and materials of all permanent signs and outdoor advertising structures of features shall not detract from the design of proposed buildings and structures and the surrounding properties nor create confusion with traffic or any other signs. Included are off-site directional signs.
(6) 
Special features. Exposed storage areas, exposed machinery installations on all levels, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.
(c) 
Signs and canopies. Signs are permitted in all districts in accordance with the regulations hereinafter set forth, except that regulations for signs in the RR-M, RC-1, RC-2 and RC-3 Redevelopment Districts and the H Hospital District, as set forth in Section 33-24, shall take precedence and that signs respecting one- or two-family residential dwellings, not otherwise requiring site plan review, shall be governed by the provisions of Section 33-27.
(1) 
Residential nameplate. No more than one nameplate per dwelling unit shall be permitted, which may be illuminated, must be situated within the property lines and shall not exceed 72 square inches in area on any one side.
(2) 
"For sale," "for rent" and "open house" signs. In the case of "for sale" and "for rent" signs, the following criteria shall apply:
a. 
Not more than one nonilluminated temporary sign per lot may be placed on the lot for sale or for rent and on no other place, and such sign may contain the word "owner" and the telephone number or, alternatively, it may identify by name and up to two telephone numbers the New Jersey licensed real estate broker, if any, given the right to sell or lease the property and/or use the word "broker."
b. 
If relating to a residential lot or building, the sign shall not exceed four square feet in an area on any one side. If relating to a nonresidential lot or building, the sign shall not exceed, on any one side, the lesser of:
1. 
Two square feet in area for each lineal foot of front wall width of the principal building on the lot; or
2. 
Fifty square feet in the L-1 District or 12 square feet in all other districts.
c. 
The "for sale" or "for rent" sign shall be removed from the premises within two days after a contract for sale or lease of the premises has been executed, whether or not contingent upon the happening of a future event such as a mortgage commitment or subdivision approval.
d. 
No signs are permitted advertising the property as having been sold or leased; provided, however, that signs advertising that the property is under contract are permitted up to the date of closing.
e. 
In the case of "open house" signs, the following criteria shall apply:
1. 
In addition to a "for sale" or "for rent" sign, not more than four temporary "open house" real estate signs may be displayed on the day of the open house from 11:00 a.m. to 6:00 p.m.
2. 
"Open house" signs may be located within the public right-of way, but not upon or within the travel portion of any street or sidewalk, within a required sight triangle as outlined and defined in Section 33-15(n)(1), (2) and (3) hereof, or on any pole, tree, fire hydrant, traffic or parking sign, public waste receptacle, bus shelter or other structure located within the public right-of-way.
3. 
Open house" signs must be of a sound construction such as metal "A" frame design, or metal staked sign, with maximum face size of two feet by two feet. The signs must identify the real estate broker sponsoring the open house and include the broker's address and telephone number.
4. 
The real estate broker sponsoring the open house shall be responsible for complying with the provisions of this subparagraph, particularly the installation and removal of the sign at the designated times provided for above.
5. 
The real estate broker sponsoring the open house shall file with the Township Clerk, prior to the placement of any "open house" signs upon the public right-of-way, a certificate of insurance evidencing that liability insurance is in effect in an amount of not less than $1,000,000 and naming the Township as an additional insured, issued by an insurance company authorized to do business within the State of New Jersey. In addition, such broker shall sign and file with the Clerk an indemnification and hold-harmless agreement, of a form acceptable to the Township Attorney, agreeing to indemnify and hold harmless the Township of Teaneck, its officers, elected officials, agents, employees and assigns, from any and all claims, suits, or causes of action for damages or injuries resulting from the placement of such open house signs upon the public right-of-way.
6. 
Any violation of the provisions of this subparagraph shall be punishable under the general violation provisions of this Code (Sec. 1-6).
(3) 
Political signs.
a. 
Except as noted below, temporary political signs shall be governed by the same provisions respecting the size and location of business temporary signs under Subsection (c)(5)h.4. hereof.
1. 
The sign shall not require the issuance of a permit.
2. 
The sign shall be constructed of such material that it will not readily tear, and it shall be affixed so that it will not readily become detached.
3. 
The sign shall not be posted or displayed prior to 60 days before the election or referendum day to which it relates and shall be removed within five days after said election or referendum day.
4. 
The sign shall not be posted or displayed in such a manner as to obstruct or substantially interfere with any window, door, stairway, fire escape, or opening designated to provide light and air or ingress and egress to any building.
b. 
Notwithstanding anything to the contrary contained in this or any other section of this Code, there shall not be any restrictions on the use or placing of political signs on residential property.
(4) 
Home professional office signs. No more than one sign per dwelling identifying the name and profession of the resident shall be permitted, provided that any such sign shall be affixed to the building, may only be externally illuminated, and may not exceed one square foot in area on any one side nor exceed 1 1/2 feet in length on any one side. No other sign or display relating to a home occupation, which is visible from the outside of the building, is permitted.
(5) 
Business signs. Exterior business signs shall be permitted in accordance with the following criteria:
a. 
No more than one sign for each occupancy of the building, which shall be placed or inscribed upon the front facade of the building, may be permitted.
b. 
If the building faces more than one public street, one additional sign for the occupant of the building whose premises faces the secondary street may be placed or inscribed upon the facade adjoining the secondary street.
c. 
If the rear or side of the building contains a public entranceway adjoining a public or private off-street parking area, one additional sign for each occupancy of the building facing said parking area may be placed or inscribed upon the facade adjoining the off-street parking area. Canopies may be used as such a sign if the facade allows, provided that the canopy is located over an existing rear or side door or windows.
d. 
A business sign or signs shall be used for the following purposes only:
1. 
To identify the premises, occupant or owner of the premises.
2. 
To identify the trade, business, industry or profession being conducted on the premises. Logo identification, which is used to advertise a national product, such as "Coca Cola" or "We sell Kodak Film," shall not be deemed to be a permitted purpose. Personal logos, not used to advertise a product, are permissible.
e. 
The size, placement and design of business signs shall be limited as follows:
1. 
Area. The area of a sign shall be measured in square feet. The area shall be determined by the boundary established by any letters, symbols, logos and background either with or without a frame. If no sign frame is provided the area shall be determined by imposing the smallest rectangle which would enclose all the letters, symbols, logos and background.
2. 
Permanent wall signs are limited to a maximum size of 1 1/2 square feet of sign area for each one foot of the width of the frontage of the building occupied by the business maintaining the sign. No individual letter may exceed 18 inches in height. The total gross area of signage per frontage shall not exceed 200 square feet. If the building faces more than one street or a parking lot with a minimum width of 30 feet, it may have the appropriate area of signage for each exposure. For example:
Building Frontage
(linear feet)
Allowable Area
(square feet)
10
15
20
30
30
45
[i] 
The maximum size of a sign on the side facade shall be 50% of the permitted signage on the front facade.
[ii] 
The total signage for the business frontage shall not exceed the aforementioned size restrictions. If the business has more than one sign, the total signage must be equal to or less than the area allowed.
[iii] 
In addition to other signage, a building with an upper-floor business, such as an office building, is permitted one wall-mounted business directory per building that displays the business(es) upstairs. Said directory shall be contained within a shallow wood or metal case, and clearly visible through a glass front. The display case shall be attached to the building wall, next to the main entrance, at a height of approximately five feet, shall not exceed a total area of 2.5 square feet, and may not be externally illuminated.
3. 
Sign lettering.
[i] 
No sign may consist of more than four colors, including the background color, excepting logos or symbols. Lettering must give a consistent and professional appearance. No Day-Glo or fluorescent colors are permitted.
[ii] 
The height of an initial capital letter shall not exceed 24 inches. The height of all other letter shall not exceed 18 inches. The height of a personal logo shall not exceed 24 inches.
[iii] 
A sign shall be lettered with a maximum of two different fonts.
[iv] 
Sign letters or the allowable sign length or width shall not occupy more than 80% of the width of the storefront.
4. 
Location on building. Each wall sign shall be erected parallel to the face of the facade and shall not project more than three inches from the facade nor project above the top not beyond either side of the facade.
5. 
Signs are permitted only on the first story of a building except as otherwise provided below for window signs.
6. 
Uniformity. Business signs for each occupant in a building with multiple occupancies shall be uniform and compatible in height, placement and design and to the extent possible color and letter font type.
f. 
Window signs.
1. 
A window sign shall not exceed 30% of the window area of the window in which the sign is proposed.
2. 
Only one window sign shall be permitted for each occupancy, provided that such a window sign may only be permitted on a window located within the area of the building occupied by such occupant.
3. 
No window signs shall be permitted above the second story of a building.
4. 
There shall be no self-illuminated signs in a window or doorframe.
5. 
Window signs must not be handwritten and must be typeset, computer-generated or otherwise professionally printed.
6. 
Window signs shall be done in professional lettering or etching. Window signs shall be included in the total percentage of signage allowed on the storefront, in combination with any wall, projecting or awning signs.
7. 
Window signs shall be contained, in their entirety, to each individual window.
8. 
No window sign shall split words or letters from one window to another window.
9. 
Any pieces of equipment bearing a company or product logo shall be maintained at a minimum distance of 18 inches from the glass surface or the logos shall be covered up by an appropriate material.
10. 
All window signs within a building shall be uniform in color.
11. 
Advertising and/or identification of membership in a retail or professional organization or credit card, credit association or plan manufacturers' identification or legally required licenses, when attached to or painted on a window of any structure, alone or in combination with a permitted business sign placed upon the same window, shall not exceed 30% of the square footage of the total clear glass or glazing area.
g. 
Motion. No business sign shall be, in whole or in part, moving, flashing, animated, mobile or revolving.
h. 
Exemption. The foregoing criteria [Subsection (c)(5) a through g] shall not apply to the following exterior business signs, which are permitted subject to the following limitations:
1. 
A professional nameplate affixed to the door or exterior wall of a premises so used, not to exceed eight inches by 20 inches per professional occupant.
2. 
A memorial sign or tablet indicating the name of a building or the date of its erection, which is cut into the masonry surface or constructed of bronze or other incombustible material.
3. 
Signs for public convenience and welfare erected by or on behalf of the of the United States of America, the State of New Jersey, the County of Bergen or Township of Teaneck, traffic controls in private ways and parking lots, legal notices, railroad crossing signs, historic markers approved by the Township Council or other signs as required by law. The size, color and design of signs for public convenience and welfare shall conform to the latest Manual on Uniform Traffic Control Devices for Streets and Highways. United States Department of Transportation, Federal Highway Administration.
4. 
Temporary signs, customary and sometimes necessary in connection with the erection of new buildings, limited to one sign for each construction project and including only the identification of the project, the building, architects, engineers and contractors. Such sign may be freestanding or attached to the premises but shall not exceed 12 square feet in area and shall be removed at the completion of construction or at the expiration of 12 months from the date of original installation, whichever occurs first in time. Temporary banners or signs for storefronts in the four business districts shall adhere to existing restrictions for business signs with regard to size of lettering and overall signage allowed. Temporary banners must be properly secured and anchored to the storefront so as not to move or come loose. Temporary new business banners may not be erected more than 60 days prior to opening of said business and shall be allowed up to 90 days after the opening or approval of the Planning Board. A permit for a conforming sign/or a denial for a nonconforming sign shall be decided within two business days of the application being submitted for the temporary sign.
5. 
The interior contents of lawfully permitted signs specifically designed to be changed from time to time, such as church announcement boards, theater marquees, restaurant menus and the like.
6. 
Temporary signs for public and charitable purposes, including exterior decorating for holiday or patriotic purposes, for a period of time not to exceed one month.
i. 
Freestanding signs. In the L-1 District and B-2 District, in lieu of business signs affixed to the building facade, not more than one freestanding sign may be permitted for each 100 feet of frontage on a public street, subject to the following additional criteria:
1. 
The aggregate area of the sign's two sides shall not exceed 50 square feet.
2. 
No freestanding sign shall be located within 20 feet of the boundary line of the property where it adjoins a public street or within 20 feet of a public or private off-street parking area or interior driveway or within 50 feet of the boundary of a residential district.
3. 
The top of a freestanding sign shall not be greater than 12 feet above the finished grade at the base of the sign.
j. 
Nonconforming signs. All nonconforming signs shall be removed from the facade of a building within 10 days of the tenant vacating the space. Sign faces of conforming signs shall be covered with an opaque material within seven days of a tenant's vacation of the space.
k. 
Non-English signs.
1. 
Purposes and findings.
[i] 
The Township of Teaneck is a diverse community made up of a variety of peoples of differing nationalities, national origins, languages, race, religion, ethnicity, and cultures.
[ii] 
While Teaneck welcomes the expression of this diversity, it also recognizes as a compelling governmental interest that such expression not result in the discriminatory exclusion of any group from access to places of public accommodation, including retail stores, restaurants, or other places to which the public is invited and which are governed under New Jersey's Law Against Discrimination (N.J.S.A. 10:5-1 et seq.)
[iii] 
The Township of Teaneck finds that the use of signs on such places of public accommodation exclusively in a non-English language or alphabet has the discriminatory effect of effectively excluding persons of other nationalities, national origins, race, religion, ethnicity or cultures from such places of public accommodation.
[iv] 
In addition, the effective exclusion of such persons from places of public accommodation has a deleterious effect upon the growth and vitality of the business districts within the Township of Teaneck which the Master Plan of the Township of Teaneck recognizes as significant government interests.
[v] 
Furthermore, signs which the public at large can neither read nor understand make it more difficult to identify or describe the premises in the event of emergencies or for code enforcement purposes, and thus are detrimental to the public's health, safety and welfare.
2. 
Requirements. For the reasons set forth above, any sign which identifies a nonresidential use and is in a language or alphabet other than the English language or alphabet shall include comparable wording of equal-size lettering in the English language and alphabet.
l. 
Projecting signs.
1. 
Projecting signs shall only be a secondary business sign, not the primary business sign.
2. 
A projecting sign must be included in the overall sign area allowed for the frontage.
3. 
The area of a projecting sign must not exceed nine square feet.
4. 
The outermost edge of a projecting sign must not extend more than four feet from building.
5. 
The bottommost edge of a projecting sign must not be less than eight feet from the ground.
6. 
Projecting signs must project from a building at an angle of 90°.
7. 
A projecting sign must be located at the level of the sign band between the first and second stories of the building.
8. 
A projecting sign on a one-story building is to be located between the level of the sign band and the roof.
9. 
When more than one storefront occupies a single building, all projecting signs must be hung at the same height.
10. 
Projecting signs must be constructed of wood, metal, PVC, or HDU.
11. 
Projecting signs must be two-faced.
12. 
Projecting signs cannot include street or phone numbers.
13. 
If illuminated, projecting signs must be externally illuminated.
14. 
Any projecting sign that projects past the property line, into the public way, must go before Township Council for approval of encroachment.
m. 
Ground signs. For all commercial districts, excluding along Route 4, freestanding or ground signs are permitted when fronting on a public or private street or parking area, provided that the following standards are met:
1. 
The business structure is not visible from the street or the business being conducted is one that does not use a building structure (such as operation of a parking lot, for example) or is of automotive business use (such as a gas station). The ground signs that identify such business uses shall be as follows:
[i] 
The height of the signboard, or of any posts, brackets, or other supporting elements, shall not exceed 12 feet from the ground.
[ii] 
The area of the signboard shall not exceed 20 square feet per side (a total of 40 square feet for two-sided signs).
2. 
The sign shall refer to the business or businesses located on the same lot as the sign.
3. 
The sign may not impede or interfere with pedestrian or vehicular traffic, or protrude over a sidewalk.
4. 
The business or professional use occurs in a building which has been modified for such use but still maintains a residential or historic appearance. The ground signs, which identify such business use, shall be as follows:
[i] 
The signboard shall be constructed of wood, with wood or cast iron brackets, and is architecturally compatible with the style, composition, materials, colors, and details of the building. Any illumination must be external.
[ii] 
Said signs shall not exceed four feet in height, including posts, and the maximum area for such signs shall be 10 square feet for each face (total of 40 square feet for two-sided).
5. 
Service entrances for commercial establishments may be identified with one sign not exceeding two square feet in area.
n. 
Box signs. Box signs are not permitted. Existing box signs shall be removed upon change of tenant unless the name of the business remains exactly the same; the box sign must be removed if the name changes.
o. 
Neon signs. No interior or exterior neon signs are permitted.
p. 
Lighting and illuminated signs. All illuminated signs are subject to the following limitations:
1. 
For security and safety purposes, every first-floor, storefront business shall leave at least one internal light on after close of business until daylight. This may be a window light or a light further inside the business, but must light the inside sufficient enough to illuminate the interior at a level of at least 10 footcandles.
2. 
Internally illuminated signs are not permitted, backlit halo lighting is permitted, and the source of the illumination itself must not be visible.
[i] 
No sign shall have blinking, flashing, strobe or fluttering lights or any other illuminating devices which have a changing light intensity, brightness or color, except for time and temperature.
[ii] 
Externally illuminated signs shall only be permitted where the sources of illumination are shielded in such a manner that the same are not visible from the street or adjoining property (i.e., no exposed light bulbs or lamps).
[iii] 
Floodlights or spotlights used for illumination of signs, whether or not such lights are attached to or separate from the building, shall not project light beyond the sign. Gooseneck reflectors and lights shall be permitted, provided that the reflectors shall be provided with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.
[iv] 
In no instance shall the light intensity of any illuminated sign exceed 75 footcandles measured with a standard light meter measured at any point in front of the sign at a distance that is no greater than the smallest horizontal or vertical dimension of said sign. There shall be no electrical conduit located on the exterior facade of the building used to provide electric power to any sign.
[v] 
Signs that are backlit or have "halo" lighting are permitted. The source of illumination must not be visible from street or adjoining property.
(6) 
Security gates.
a. 
It shall be unlawful to construct or install a security gate over or across the front door or windows of any nonresidential, commercial or industrial premises, property or structure. All security gates shall be installed inside such premises.
b. 
No security gate shall be solid or impermeable in nature. Security gates shall be of a type commonly referred to as the "grate" or "lattice" type, with a minimum of 80% of the gate area being of see-through composition. All gates and the accompanying hardware shall be of suitable materials and maintained in a state of good repair.
(7) 
Window covering. Retail storefronts shall not have curtains, blinds, or shades closed covering more than 30% of the window area.
(8) 
Canopies and awnings. Awnings and canopies are permitted in all districts as accessory structures, accessory to the building to which they are affixed, in accordance with the following criteria:
a. 
They shall be permitted only on building walls that front on a public street or rear entrances facing a public street or parking lot.
b. 
They shall be limited in size and placement as follows:
1. 
Total area shall not exceed four square feet for each lineal foot of front wall width.
2. 
They shall not project more than three feet from the building wall.
3. 
They shall not project past the property line, except for nonresidential uses in B-1, B-2 and BR Districts. Any awnings that project past the property line, into the public way, must go before Township Council for approval of encroachment.
4. 
The bottom of the awning and the bottom of the horizontal plane of the canopy shall be not less than eight feet above grade, and the top of the awning or canopy shall be no higher than 12 feet above grade.
5. 
They shall be mounted below any sign and above the storefront. Any writing shall conform to the sign requirements set forth herein. An awning or canopy may not be erected over an existing sign on the storefront. Any signs that exist on the wall behind where the awning will be mounted must be removed before the awning is installed, and any repairs to the wall upon the sign's removal must be made according to the property maintenance code.
c. 
They shall be constructed of weather-resistant, matte acrylic material that will not readily tear. They shall be securely affixed so that they will not readily become detached from the structure to which they are accessory. Materials and style of awnings are addressed below in Subsection f.
d. 
They shall not interfere with any window, fire escape or opening designed to provide light and air or ingress to or egress from any building.
e. 
The following solid colors are permitted: burgundy/maroon, dark green, dark blue, dark brown and black. No Day-Glo or fluorescent colors are permitted.
f. 
Awnings and canopies shall be made of a canvas or canvas-like material (such as Sunbrella brand) and shall be opaque so that light will not shine through. No waterfall-style awnings are permitted; only shed-shaped awnings are permitted over windows and bullnose or domed framed awnings are only permitted over doorways. (See examples at end of ordinance[1])
[1]
Editor's Note: Examples are on file in the Township offices.
g. 
No "egg crate" internal illumination of awnings is permitted; provided, however, that down lighting which lights the area beneath the awning without any glow or emission of light through the awning shall be permitted.
h. 
Lettering on the drop flap of the awning shall not exceed eight inches in height.
i. 
Awnings must not display any text other than the business name, logo, street number, or phone number. If a phone number or address is on the awning, its lettering must be a smaller size than the other lettering on the awning, or a maximum of six inches in height on the drop flap.
j. 
Lettering or logo on the vertical height part of the awning (i.e., the face of the awning) shall not exceed 10% of the overall square footage of the vertical front of the awning, while still keeping with the size restrictions allowed for total signage.
k. 
The combined area of signs on awnings or canopies in excess of five square feet must be counted in the total area allowed that building for its exterior signs.
l. 
Any text or logo on existing awnings may not be covered up with tape or paint or any other means other than professional replacement of said text or logo that does not show signs of old text or logo. If this cannot be accomplished, a entirely new awning or sign must be installed.
m. 
Awnings and canopies for each occupant in a single building with multiple occupants shall be complementary in color, height and design.
(9) 
Miscellaneous provisions.
a. 
All illuminated signs shall be shielded so as to prevent glare, and no sign shall be illuminated by lighting of intermittent or varying intensity, nor shall any sign be illuminated by any color light other than white.
b. 
Freestanding traffic control signs are permitted in addition to signs affixed to the building facade or freestanding business signs, provided that:
1. 
The signs provide traffic directions only.
2. 
The top of the traffic control sign shall be no greater than six feet above the finished grade at the base of the sign.
3. 
The size, color and design of such sign shall conform to the latest Manual on Uniform Traffic Control Devices for Streets and Highways, United States Department of Transportation, Federal Highway Administration.
c. 
Noncommercial exterior signs are permitted, not exceeding two square feet, including but not limited to the designation of rest rooms, telephone location, restrictions on smoking and exit ways.
d. 
No sign shall be permitted accessory to a boardinghouse and/or rooming house indicating such a use.
e. 
One sign illuminated by white light only shall be permitted identifying a school, house of religious worship, public building or any other such public or quasi-public use, affixed to a suitable post or upon the facade of the building, located not fewer than 10 feet from any street or property line and not exceeding four feet in length on any one side.
f. 
Banners, streamers, flags, spinners, bunting and similar devices are prohibited except in conjunction with the opening of a business, in which event such display shall not exceed 30 days from the opening date of said business. Such display must also only be affixed to the building within which the business is located and not extend across any public right-of-way such as a street or sidewalk. Such devices require obtaining a permit from the Construction Code Office and cannot be utilized prior to obtaining said permit.
g. 
One temporary sign per lot may be affixed to a building, identifying the campaign headquarters of a political candidate or candidates. The following additional criteria shall apply:
1. 
The area of the sign on the front facade of a building shall not exceed two square feet for each lineal foot of front wall width or 125 square feet, whichever is less. The area of the sign on the side facade or rear facade of a building shall not exceed one square foot for each lineal foot of side or rear wall width or 62 square feet, whichever is less.
2. 
Each sign shall be erected parallel to the face of the facade, not projecting more than 12 inches therefrom, nor projecting above the top or beyond either side of the building facade. The bottom of the sign shall be at least eight feet above the highest point of the finished grade along the applicable facade.
3. 
The sign shall be constructed of such material that it will not readily tear, and it shall affixed so that it will not readily become detached.
4. 
The sign shall not be posted or displayed prior to 90 days before the election or referendum to which it relates and shall be removed within 15 days after said election or referendum.
5. 
The sign shall not be posted or displayed in such a manner as to obstruct or substantially interfere with any window, door, stairway, fire escape or opening designed to provide light and air or ingress to and egress from to any building.
h. 
Any text or logo on existing signs may not be covered up with tape or paint or any other means other than professional replacement of said text or logo that does not show signs of old text or logo. If this cannot be accomplished, an entirely new sign must be installed.
(d) 
Outdoor cafes.
(1) 
Purpose. The purpose of this subsection is to establish a procedure and authorize rules and regulations thereunder for the licensing of outdoor cafes in the B-1 Business-Retail Zone, MX-1 Mixed Use-1 Zone, MX-2 Mixed Use-2 Zone and the B-R Special Business-Residential Zone of the Township.
(2) 
Definitions. For the purpose of this subsection, the following words or terms shall have the following meanings:
OUTDOOR CAFE
An accessory use to a restaurant or fast-food restaurant, as defined in Chapter 33 of the Township Code, Section 33-3, where food and other refreshments are served upon the public right-of-way, namely the sidewalk, as defined herein, immediately in front of any such restaurant or where permitted herein on private property.
SIDEWALK
The area of the public right-of-way reserved for pedestrian traffic from the curb to the front property line of the building housing a restaurant.
(3) 
It shall be unlawful for any person, firm, partnership, corporation, association or organization of any kind (hereinafter collectively referred to as "person") to create, establish, operate, maintain or otherwise be engaged in the business of conducting an outdoor cafe upon the sidewalks of the Township, unless such person shall hold a currently valid certificate of use issued pursuant to the terms of this subsection.
(4) 
No certificate of use shall be issued hereunder unless the holder of the certificate of use (hereafter "permittee") shall demonstrate:
a. 
Ownership of the restaurant to which the outdoor cafe is accessory;
b. 
That the property allows a minimum of six feet of unobstructed sidewalk for pedestrian traffic around such outdoor cafe; and
c. 
That such outdoor cafe be directly in front of the restaurant to which the outdoor cafe is accessory. The term "directly in front of" shall confine the outdoor cafe to the area represented by an extension of each side of the front of the building occupied by the restaurant, projected to the curbline immediately in front thereof.
(5) 
Separate application for the certificate of use required hereunder shall be made to the Construction Code Official for each location and shall be signed by the applicant, under oath.
a. 
The application shall contain the following information:
1. 
The name, residence address and telephone number of each individual, owner or partner; or, if a domestic corporation, the names, residence addresses and telephone numbers of the directors and officers owning a ten-percent or greater interest in the corporation and the chief operating executive of the corporation; and, if a nondomestic corporation, the name, residence address and telephone number of the managing officer for service of process within the State of New Jersey and a copy of the qualification of said noncorporation to conduct business in the State of New Jersey.
2. 
A copy of the assumed business, if any, in which the applicant intends to establish or operate an outdoor cafe.
3. 
The address and description of the place where the applicant intends to establish or operate an outdoor cafe.
4. 
The name and address of the person owning the premises, if other than the applicant, and the consent of the owner of the premises to the application.
5. 
A copy of a location survey, prepared by a surveyor, licensed in the State of New Jersey, of the subject premises.
6. 
Three sets of a proposed layout plan containing scaled drawings, prepared by an architect licensed in the State of New Jersey, clearly illustrating the number, type of materials, color and location of all tables, chairs, umbrellas or other furnishings or fixtures intended to be located in the outdoor cafe.
b. 
The scaled drawings shall also illustrate the following:
1. 
The location of any doors leading from the eating establishment to the outdoor cafe. No such doors may be obstructed in any manner.
2. 
The number of feet and location of unobstructed space permitted for free passage of pedestrian traffic around each outdoor cafe.
3. 
The interior location, at or near the doors leading from the eating establishment to the outdoor cafe, where any food or drink is intended to be prepared.
4. 
The location of all fire hydrants, parking meters, utility poles, benches, handicap ramps, street furniture trees, and any other fixtures permanently located on the sidewalk in front of the eating establishment or within 10 feet thereof on either or any side.
5. 
An application fee as set forth in the Township code.
(6) 
The Construction Code Official shall review the application for completeness and compliance with the terms of this subsection. If the application is complete, the Construction Code Official will act upon the same within 10 business days of the submittal of the application. If the application is not complete, the Construction Code Official will so notify the applicant within 10 business days of the submission and specifically detail the areas in which the application lacks compliance with the requirements of this subsection.
(7) 
If the application complies with this subsection, the Construction Code Official shall issue a certificate of use strictly subject to the terms and conditions of this subsection.
(8) 
The certificate of use is personal to the applicant, and any change or transfer of ownership of the restaurant to which the outdoor cafe is accessory shall terminate the certificate of use and shall require new application and a new certificate of use in conformance with all of the requirements of this subsection.
(9) 
Acceptance of the certificate of use by the applicant shall operate as a consent to the health, fire, police and building officials of the Township to inspect the outdoor cafe for continued compliance with the terms and conditions of this subsection and any federal, state, county or local law, ordinance or regulation affecting the same.
(10) 
Indemnification requirement. No certificate of use required by this subsection shall be granted to any person to operate an outdoor cafe until such person shall have filed with the Construction Code Official a statement agreeing to indemnify and hold harmless the Township, its agents, servants, representatives or employees from any or all claims, damages, judgment costs or expenses, including attorney fees, which they are required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the outdoor cafe for which the certificate of use is issued.
(11) 
Liability insurance requirement.
a. 
No certificate of use required by this subsection shall be granted to any person to operate an outdoor cafe until such person shall have first filed with the Construction Code Official a comprehensive general liability policy issued to such person by a public liability insurance company authorized to do business in the State of New Jersey affording the coverages set forth below in the amounts specified. Such insurance policy shall name the Township of Teaneck, Paul A. Volcker Municipal Green, 818 Teaneck Road, Teaneck, New Jersey 07666, its agents, officers, servants, representatives and employees as additional insured with respect to the operation and maintenance of the outdoor cafe in the following amounts:
Type
Amount
Bodily injury, each person
$300,000
Each accident
1,000,000
Property damage, each person
300,000
Each accident
1,000,000
b. 
The insurance coverage required by this subsection shall at all times be maintained for the full amount. The policy of insurance required by this subsection to be filed with the Construction Code Official shall contain a clause obligating the company issuing the same to give not fewer than 30 days' written notice to the Township Clerk before cancellation or amendments of any of the terms thereof. Notice of cancellation shall not relieve the company issuing such policy of liability for any injury or claim arising before the cancellation becomes effective. The cancellation of any such policy shall have the immediate affect of suspending the certificate of use of such person to operate the outdoor cafe covered thereby until a new policy complying with the provisions of this subsection is filed with the Construction Code Official and a letter in writing confirming the new effective date of the certificate of use is issued by the Construction Code Official.
(12) 
Every insurance policy required hereunder shall contain a provision for continuing liability thereunder to the full amount thereof notwithstanding any recovery thereon, that the liability of the insured shall not be affected by the insolvency or the bankruptcy of the insured and that until the policy is canceled the insurance company will not be relieved from liability on account of nonpayment of premium or of any act or omission by the named insured. Such policy of insurance shall be further conditioned for the payment of any and all judgments up to the limits of such policy.
(13) 
Revocation or suspension of certificate of use. Any certificate of use issued hereunder is issued solely as a revocable certificate of use, which shall be subject to revocation or suspension by the Township Manager for failure of any permittee to comply with this subsection or for violation of any other applicable federal, state, county or municipal law, regulation or ordinance. Any certificate of use issued hereunder is issued upon the express understanding that the permittee obtains no property rights thereunder nor any interest in the continuation of said certificate of use.
(14) 
It shall be unlawful for any person to operate an outdoor cafe after the suspension or termination of the applicable certificate of use.
(15) 
Each permittee is responsible for keeping the area of the outdoor cafe and the adjacent walks and streets free and clear of any debris or litter occasioned by the cafe. Areas must be cleaned as needed and at the time that the business closes and at the beginning of each business day, but not later than 9:00 a.m.
(16) 
No vending machines of any kind shall be permitted on the exterior of any building operating an outdoor cafe. No food or drinks served at such outdoor cafe shall be prepared or stored other than in the interior of the restaurant.
(17) 
Signs. No signs shall be permitted in the area of the outdoor cafe except signs on awnings and/or canopies complying with Section 33-18 of the Township Code. Outdoor umbrellas located in an outdoor cafe shall be exempt from Section 33-18.
(18) 
In addition to the powers of suspension or revocation as set forth above, the Township reserves the fight to modify, suspend or revoke any certificate of use on 10 days' written notice if it is determined by the appropriate Code Enforcement Official that pedestrian traffic is impeded or made unsafe because of the operation of an outdoor cafe or because of any other safety issue which a Code Enforcement Official determines to adversely affect the public interest. The certificate of use may also be suspended or revoked on 10 days' written notice in the event that it is determined that it is necessary to utilize the area or any part thereof for the maintenance or installation of underground utilities. In the event of an emergency, as certified by the Township Manager, the certificate of use may be suspended or revoked without notice.
(19) 
Outdoor cafes shall be permitted to operate January 1 to December 31 in the calender year, except when there is snow or ice along or on any sidewalk or curb area in front of the establishment for which the permit is issued or within 200 feet thereof. The certificate of use, when issued, shall be valid only for the calendar year during which it is issued.
(20) 
No tables, chairs or other equipment used in the outdoor cafe shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk or property of the Township within or near the permitted area.
(21) 
The permittee agrees that, at the end of each business day, all tables, chairs, furnishings or fixtures for cafe purposes shall be removed from the sidewalk. Failure to do so shall grant to the Township the right to remove any property on the sidewalk, and the permittee agrees to reimburse the Township for the cost of removing and storing the same.
(22) 
The permittee shall not direct or permit to be directed to or from the area occupied by the outdoor cafe any bell, chime,siren, whistle, loudspeaker, public address system, radio, sound amplifier, musical instrument or similar devices.
(23) 
No outdoor cafe shall open for business prior to 7:00 a.m. nor remain open for business after 11:00 p.m. All persons occupying the outdoor cafe shall vacate the same no later than 11:30 p.m.
(24) 
The permittee agrees to clean every table immediately after use. No paper or plastic or any type of disposal utensil, glass, cup or plate may be used within the outdoor cafe.
[Ord. No. 1859, 5-27-1980, § 5; Ord. No. 1941, 2-2-1982, § 3; Ord. No. 3474, 10-8-1996, § 1; Ord. No. 3478, 10-8-1996, § 1; Ord. No. 3746, 1-21-2003, § 1; Ord. No. 4034, 10-9-2007, Ord. No. 4049, 1-8-2008, § 1; Ord. No. 4072, 5-27-2008, § 5; Ord. No. 4116, 2-3-2009, § 1; Ord. No. 4176, 3-9-2010, § 1.]