[Ord. No. 1811, § 17; amended by Ord. No, 1859,5-27-1980, § 3]
There is hereby created a Site Plan Review Advisory Board, pursuant
to N.J.S.A. 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 Council, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d)
Offices; staff.
(1)
Two
regular members shall be elected by the Advisory Board, including
alternate members, to serve as Chairperson and Vice Chairperson, respectively.
During the absence, disability or disqualification of the Chairperson,
the Vice Chairperson shall exercise or perform all the duties and
be subject to all the responsibilities of the Chairperson. In the
absence of the Chairperson and Vice Chairperson, the remaining members
shall select an Acting Chairperson. Said election shall take place
at the first meeting of the Advisory Board in each calendar year.
(2)
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.
(1)
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.
(2)
The
Advisory Board may adopt and amend rules to govern the conduct of
its business, consistent with the provisions of this chapter.
[Ord. No. 1811, § 18; amended by 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
(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, along with 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
a.
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.
b.
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.
a.
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.
b.
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 § 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.
c.
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.
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 § 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.
[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]
(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 Article V, Zoning. Subject to the waiver provisions of § 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 § 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 § 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 1,000 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 or 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 §§ 33-24.15 through 33-24.19, 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 § 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:
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 § 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 subsection, 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.
(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)h4 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:
[Amended by Ord. No. 2-2019, 1-29-2019]
1.
To identify the premises, occupant, or owner of the premises.
[Amended by Ord. No. 16-2020, 8-11-2020]
2.
To identify the trade, business, industry, services, or profession
being conducted on the premises. Phone numbers, contact information,
general information about products (e.g., pizza, sandwiches, sodas),
and personal logos not used to advertise specific name brand products
are permissible. Logo identification, which is used to advertise a
named brand product, such as "Coca Cola" or "We Sell Kodak Film,"
shall not be deemed to be a permitted purpose.
[Amended by Ord. No. 16-2020, 8-11-2020]
3.
To identify that the location of the business is in Teaneck
or that the business is a Teaneck business.
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 letters 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 eight inches
from the facade nor project above the top nor beyond either side of
the facade.
[Amended by Ord. No. 2-2019, 1-29-2019]
5.
Signs are permitted only on the first story of a building except
as otherwise provided below for window signs.[1]
[1]
Editor's Note: Former § 33-18(c)(5)e6 of the 1965
Code, Uniformity, which immediately followed this subsection, was
repealed 11-13-2017 by Ord. No. 33-2017 and 6-19-2018 by Ord. No.
17-2018.
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 door
frame.
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 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 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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:
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:
[Amended by Ord. No. 2-2019, 1-29-2019]
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.
Except as noted below, internally illuminated signs are not
permitted. The following types of internally illuminated signs are
permitted:
3.
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.
4.
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).
5.
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.
6.
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.
(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 linear
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 Chapter 29A, 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 (c)(8)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 chapter.[2])
[2]
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 restrooms,
telephone location, restrictions on smoking and exitways.
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 less 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 Building Department and cannot
be utilized prior to obtaining said permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 linear 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 linear 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 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)
OUTDOOR CAFE
SIDEWALK
Definitions. For the purpose of this subsection, the following
words or terms shall have the following meanings:
An accessory use to a restaurant or fast-food restaurant, as defined in Chapter 33 of the Township Code, § 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.
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 four feet of unobstructed
sidewalk for pedestrian traffic around such outdoor cafe; and
[Amended by Ord. No. 29-2019, 9-10-2019]
c.
That such outdoor cafe is 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 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 nondomestic corporation 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, 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.
[Amended by Ord. No. 10-2022, 3-15-2022]
5.
An application fee as set forth in the Township Code.
(6)
The Construction Official shall review the application for completeness
and compliance with the terms of this subsection. If the application
is complete, the Construction Official will act upon the same within
10 business days of the submittal of the application. If the application
is not complete, the Construction 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
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 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 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 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 Official and a letter in writing confirming the new effective
date of the certificate of use is issued by the Construction 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 obstruction,
debris or litter occasioned by the cafe. The permittee shall ensure
that the operations of the outdoor cafe and any and all furniture
or fixtures associated therewith do not in any way interfere with
or deny access to any fire hydrant, utility pole, bus stop, garbage
receptacle, or any other municipal or public service. 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.
[Amended by Ord. No. 29-2019, 9-10-2019]
(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.
(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 to allow for unimpeded pedestrian traffic.
All outdoor furniture once removed shall nevertheless likewise be
reasonably secured against wind and weather. Failure to do any of
the foregoing 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.
[Amended by Ord. No. 29-2019; 9-10-2019]
(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. or
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 disposable utensil, glass,
cup or plate may be used within the outdoor cafe.
(e)
Site and building design requirements in the R-MO3 District. In reviewing
applications for site plan review within the R-MO3 District, the approving
authority shall consider the following criteria set forth in the following
provisions. In reviewing such applications, the approving authority
shall have the power to grant such waivers from the following provisions
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 subsection is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
[Added by Ord. No. 48-2015, 2-9-2016]
(1)
Buildings.
a.
All buildings in the R-MO3 District shall be located with the
proper consideration of their relationship to other existing and proposed
buildings, in terms of light, air and usable open space, access to
public rights-of-way and off-street parking, height and bulk.
b.
Groups of related buildings shall be designed to present a harmonious
appearance in terms of architectural style and exterior materials
and be attractive from all vantage points.
c.
Building setbacks and heights shall be varied in order to avoid
a monotonous uniformity of development.
d.
All buildings shall have a base which shall be designed according
to the following:
1.
The base facade shall be four feet to six feet in height.
2.
The base facade shall be constructed of masonry, including,
but not limited to, stone, brick, or textured concrete. Concrete block
is prohibited. Glass shall constitute 15% of the first story and at
least 30% of all stories above the first story.
3.
Window openings more consistent with the residential use may
be utilized instead. However, in no instance shall blank walls be
permitted.
4.
At the top of the base, a visual cue or indicator such as a
cornice, belt coursing, a significant change in the glass-to-solid
ratio, or any other indicator consistent with the design, proportions,
and materials of the base shall be provided.
e.
Access by the elderly, physically handicapped and/or disabled
shall be required. Design standards shall meet, at a minimum, barrier-free
design regulations as specified in the Uniform Construction Code.
Handicapped parking requirements shall meet, at a minimum, regulations
as specified in the state code.
f.
Roof treatment, mechanical screening and electrical equipment.
1.
All buildings shall have a significant top designed to gracefully
cap the structure. The Planning Board may permit the cap requirement
to be replaced by the use of articulated elements that create the
perception of a lower-scale structure.
2.
All mechanical equipment located on any roof of a building shall
be screened from view from all vantage points with a material identical
to that used in the facade of the structure. The screening shall not
impair the functioning of the equipment.
3.
Wherever roofs can be seen or looked down upon from adjacent
buildings, a roofscape plan must be developed and submitted for approval.
Roofscapes shall include mechanical equipment, trellises to obscure
views, colored roof patterns and landscaping. Parking decks shall
be designed to obscure the view of broad expanses of parking with
the use of landscaping, screens, trellises and roofs. Parking shall
not be visible on the roof of any deck. Roof gardens over parking
decks are permitted and encouraged.
4.
All electrical communications equipment shall be located in
such a way that it does not negatively impact the appearance of the
buildings or create objectionable views as seen from surrounding structures.
5.
The roof treatment may include features such as wind turbines,
solar collectors, green roof technology, and observation areas. If
these features are incorporated, they must be designed and integrated
into the overall composition of the building.
g.
Streetscape.
1.
All buildings shall be designed to front on a public street
to encourage and create a street wall and a pedestrian environment
at a human scale. This requirement shall be met by providing pedestrian
access to the uses and structures along the sidewalk or walkway along
the street frontage.
2.
Main entrances into buildings shall be located on public streets.
3.
Secondary entrances may also be provided from parking areas
and/or as necessary according to the design of the structure. In addition,
buildings shall provide convenient access to and from the parking
structure and accessory retail uses, if provided. Elevators from parking
levels shall provide access to the deck level without directly continuing
into the residential portions.
4.
A decorative streetscape, sidewalk and street trees in grates
or with guards shall be provided in conjunction with every site plan
along Alfred Avenue.
5.
Utility distribution lines, utility service connections, and
all other cable, telephone, or other communication lines to project
area uses shall be located underground.
(2)
Circulation and open space requirements.
a.
Interior driveways within the site shall be so designed as to
discourage through traffic.
b.
Sidewalks and paved areas within open space and garden areas
shall be attractively and durably paved with a suitable variety of
minimum maintenance type materials and provided with adequate lighting.
c.
Open spaces shall be so located as to provide for maximum usability,
shall be continuous and provide for pedestrian movement and access
to recreational areas.
d.
Modern, decorative, pedestrian-friendly traffic-calming techniques
shall be utilized both within the site and along Alfred Avenue.
e.
At least two ingress and egress locations shall be provided
to all parking structures, and access around all sides of such structures
shall be provided for firefighting purposes.
(3)
Off-street parking and loading design requirements.
a.
Parking ratios for residential uses shall meet RSIS standards.
b.
Hotels shall provide up to a maximum of one space per room up
to 100 rooms; 0.5 space per room for 101 to 250 rooms; 0.3 space per
room for over 250 rooms; and one space per 1,000 square feet of gross
floor area for meeting rooms, banquet rooms, restaurants, and conference
rooms (excluding hall, lobby, mechanical, and utility spaces), and
shall be included in the total number of spaces provided.
c.
Parking may be provided in multilevel garages, in conjunction
with or below multifamily residential buildings, but shall not be
permitted as stand-alone structures.
d.
Parking may also be provided within a multilevel, mixed-use
parking structure that is partially embedded in the ground.
e.
No on-street parking shall count towards the minimum requirements.
f.
All required parking spaces must be a minimum of nine feet wide
by 18 feet deep except for handicapped spaces. A number of smaller
spaces for compact and subcompact cars may be considered. Fifteen
percent of the spaces may be compact with minimum dimensions of eight
feet by 16 feet.
g.
Structured parking in garages or principal buildings shall meet
the following requirements:
1.
All parking structures shall be fronted and masked along all
street frontages or areas visible from a street by residential, retail
or recreational uses.
2.
The parking structure shall be designed to eliminate headlight
glare by the provision of opaque screening for headlights and placement
of interior garage lighting to be directed into the structure and
mounted on the interior side of columns.
3.
The facade of the parking levels in the building shall be designed
to provide visual interest.
4.
The exterior material and design shall be the same or similar,
to the greatest extent possible, as the exterior walls of the principal
building.
5.
Any openings in the garage facade shall be of the punched type
and relate in design to the fenestration pattern of the principal
building. All openings shall be screened with glass or decorative
metal grills. (Chain link is prohibited.) Any openings shall be in
a vertical proportion.
6.
Blank walls on any facade are prohibited.
h.
All building and garage access points shall be provided at street
level and designed to encourage street activity.
i.
Landscaping and lighting of parking areas.
1.
Surface parking facilities shall be extensively landscaped and
large concentrations of parking without landscaping shall be prohibited.
2.
All parking areas abutting streets shall be landscaped on the
periphery with berms, shrubs, trees and/or ground cover.
3.
All access drives shall be well-landscaped along their perimeter.
4.
Landscaping shall be required for any part or any parcel not
used for buildings, off-street parking, or loading spaces. The site
plan shall include proposals for landscaping, indicating the location,
size and quantity of the various species to be used.
5.
Surface parking lots for more than 10 vehicles shall provide
a screen planting or dense evergreens, landscaped berm, and/or decorative
planting, not less than three feet high, and six feet in height for
any loading areas along any street line and along all property lines
except those instances where a building intervenes or where the proposed
planting may interfere with sight triangles.
6.
Surface parking lots shall contain interior tree planting of
one tree per 15 parking stalls, in addition to tree plantings provided
along the perimeter of the parking lot and in addition to those within
the street right-of-way.
7.
Decorative protected pedestrian walkways shall be provided through
parking lot(s).
8.
Lighting used to illuminate off-street parking and loading areas shall be arranged and shielded to prevent the spillage of light off the premises and shall be in accordance with the lighting requirements of Chapter 33, Development Regulations, Article V, Zoning, of the Code of the Township of Teaneck.
9.
All required parking and loading areas shall be provided off street. All such parking and loading areas shall be graded and paved with a durable, dust-free surface and adequately drained. All parking and loading areas shall be designed in accordance with requirements of Chapter 33, Development Regulations, Article V, Zoning.
(4)
Landscape design requirements.
a.
Landscaping shall be required for any part of any parcel not
used for buildings, off-street parking, or loading space. The developer's
plan shall include plans for landscaping indicating the location,
size and quantity of the various plant species to be used in landscaping,
as well as proposals for berms and other earth sculpting.
b.
Open space shall provide visual and functional elements such
as benches, low walls, drinking fountains, refuse containers and planters,
and public fountains.
c.
Open space amenities shall include decorative material such
as stone, brick, or asphalt pavers; stamped and tinted concrete; decorative
lighting; and other such detailing. Adequate lighting shall be provided
to encourage active usage and a sense of security in the open space.
Open space shall be distributed so as to provide for maximum usability.
d.
Through creative design, open space features shall address the
need for human comfort and enjoyment and provide both active and passive
leisure uses for secure and pleasant outdoor and indoor settings to
meet public and private use requirements. Open space and plazas shall
be designed at a human scale to invite and attract the public.
e.
Open space shall be oriented to focus on areas to maximize views.
f.
There shall be one linear foot of seating for each four linear
feet of plaza or roof garden on the roof deck of parking structures,
subject to site plan review and approval by the Teaneck Planning Board.
Seating space may include planters, benches, fountains, etc.
g.
Green roofs are permitted.
(f)
Site and building design requirements in the R-M3 District. In reviewing
applications for site plan review within the R-M3 District, the approving
authority shall consider the following criteria set forth in the following
provisions. In reviewing such applications, the approving authority
shall have the power to grant such waivers from the following provisions
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 subsection is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
[Added by Ord. No. 1-2016, 2-9-2016]
(1)
Building facade. Special attention needs to be paid to the facade
of any new building on Teaneck Road. As indicated in the 2007 Master
Plan, it is necessary that attractive building facades and pedestrian
amenities be provided along Teaneck Road to help revitalize the corridor.
(2)
Pedestrian entrance. Any new building shall include a pedestrian
entrance on Teaneck Road.
(3)
Off-street parking. Off-street parking shall be screened from
view from Teaneck Road, to the extent practical, by locating the parking
behind and/or underneath the building.
(4)
Fire protection. Any new building shall comply with NFPA 13
requirements, including fire separation walls and sprinkling of both
occupied and nonoccupied spaces.
(g)
Site and building design requirements in the R-RO District. In reviewing
applications for site plan review within the R-RO District, the approving
authority shall consider the criteria set forth in the following provisions.
In reviewing such applications, the approving authority shall have
the power to grant waivers from the following provisions as may be
reasonable and within the general purposes and intent of this chapter,
if the literal enforcement of one or more provisions of this subsection
is impractical or will enact undue hardship because of peculiar conditions
pertaining to the land in question.
[Added by Ord. No. 14-2017, 7-6-2017]
(1)
Vehicular access and parking location.
a.
No curb cuts are permitted along East Oakdene Avenue, nor shall
parking garages or surface parking spaces have direct access to East
Oakdene Avenue. Instead, vehicular and parking access for all units
shall be provided by means of a shared access driveway linking to
Glenwood Avenue.
b.
Parking garages and surface parking spaces are permitted to
be located either in front of the buildings facing East Oakdene Avenue
or to the rear of buildings, but not both. Parking garages and parking
spaces shall not be located along the Glenwood Road frontage or along
exterior side lot lines.
(2)
Pedestrian walkways, shade trees and site lighting.
a.
A publicly accessible sidewalk or walkway shall be provided
adjacent and parallel to the East Oakdene Avenue frontage and on both
sides of Glenwood Avenue either within the property or by means of
deeding an eight-foot strip of land to the Township of Teaneck along
such roadways for the purpose of providing such a sidewalk. The sidewalk
shall have a minimum five-foot clear width and be connected via walkways
to each residential entry of the new buildings along this front facade.
b.
Sidewalks should also be built to connect the ends of any surface
parking areas or common walkways to East Oakdene Avenue at the far
west and eastern ends of the project and to Glenwood Avenue in the
middle.
(3)
Yard design. The design of front yards depends on the location
of parking and vehicular access, as follows:
a.
If garages and parking access driveways are placed at the rear
of the site, the front setback facing East Oakdene Avenue is recommended
to be designed with individual green yards for each unit or pair of
stacked units (i.e., each yard that would be shared by two stacked
units), particularly where a generously deep front setback is provided.
For smaller front setbacks, the front setback area can be designed
in a more urban fashion, with a small landscaped area, decorative
plantings, and a generous front porch or stoop rather than a green
yard.
b.
Front walkways are required to connect front doors to the required
sidewalk along East Oakdene Avenue. In addition other design cues
such as low fencing or landscaping should be provided between adjacent
front yards to make it more likely that residents will use the space
in front of their units as private yards rather than a uniform common
area.
c.
If garages and parking access driveways are placed at the front
of the property facing East Oakdene Avenue, front doors with porches
or stoops are required to downplay the visual dominance of garages.
In addition, an uninterrupted landscaped strip of at least five feet
in depth shall be provided along East Oakdene Avenue. Focused areas
of landscaping and decorative paving, along with building architecture,
should be used to highlight the front entries and provide safe pedestrian
access to the parking and circulation areas. The rear of the building
should be designed as a series of green, private yards, with more
conventional rear yard privacy fencing and landscaping.
(4)
Fencing and buffers.
a.
A six-foot-high board-on-board fence of wood, simulated wood
or PVC shall be provided along the rear property line. Any fences
used in the front yard facing East Oakdene Avenue shall not exceed
three feet in height and should likewise be comprised of wood, simulated
wood or PVC. The same height and material requirements apply to other
fences along the sidewalk and between individual front yards.
b.
A buffer with a minimum width of 10 feet comprised of a double
row of staggered trees with at least two varieties of evergreen and
deciduous trees (four varieties in total) shall be provided along
the entire length of the rear property line.
(5)
Building design.
a.
Building entries.
1.
The new buildings should present pedestrian-friendly frontages
along both East Oakdene Avenue and the rear (internal portion) of
the site.
2.
Each townhouse or rowhouse unit shall have its own pedestrian
entry along East Oakdene Avenue. Two vertically stacked townhouse
or rowhouse units may share an entry along East Oakdene Avenue (i.e.,
with each unit having an internal entrance inside the front facade
door), or each stacked unit may have its own separate entry on East
Oakdene Avenue. These front entries shall be prominent and shall read
as the "front door" of the building. They shall be elevated at least
18 inches above the grade of the adjoining yard and sidewalk.
3.
A second entry, individual or shared in pairs, is also required
for each unit at the rear of the building. While not needing to be
as visually prominent as the front entries, these rear entries should
still be architecturally highlighted, for example, by means of stoops,
porches, overhanging porticos, side lights, and wall-mounted lighting.
b.
Massing and articulation.
1.
A front porch or stoop is required along East Oakdene Avenue
for each rowhouse or townhouse unit, or for each pair of stacked rowhouses
or stacked townhouses. Porches and stoops are permitted to project
into the required front yard by up to five feet. Porches and stoops
shall project outwards from, or be recessed within, the primary building
facade plane by at least three feet, in order to emphasize the entries.
This also helps distinguish each rowhouse or townhouse, or vertically
stacked rowhouse or stacked townhouse bay.
2.
Along East Oakdene Avenue, each individual unit or stacked unit
shall be distinguished as a separate bay within the larger building
mass by means of at least two of the following:
[i]
A change in facade plane between adjacent units
of at least one foot.
[ii]
Variation in roofline height and/or shape.
[iii]
Distinguishing architectural details such as
downspouts, trim, or changes in color or cladding material.
[iv]
Projecting bay or bow windows, balconies, overhangs,
and porch/stoop design.
3.
A lesser degree of individual bay articulation is required along
the rear facade; however, individual units should still be distinguishable
within the facade.
4.
Flat or pitched roofs are permitted, as long as they remain
within the maximum permitted height limit of 40 feet.
c.
Building materials.
1.
Building materials shall echo the material palette of homes
in the surrounding neighborhood.
2.
Pedestrian and garage doors shall include paneling and windows
in the upper portions. Pedestrian entry doors facing East Oakdene
Avenue shall be single doors; double French doors and sliding doors
are prohibited along this facade.
d.
Balconies. Balconies are encouraged for upper levels, particularly
to provide outdoor space for any upper units in a stacked rowhouse/townhouse
configuration. Along the front facade, balconies should be at least
partially recessed within the facade plane in order to enhance privacy
and avoid a tacked-on appearance.
(h)
Site and building design requirements in the R-AHO Residential Affordable
Housing Overlay District. In reviewing applications for site plan
review within the R-AHO District, the approving authority shall consider
the criteria set forth in the following provisions. In reviewing such
applications, the approving authority shall have the power to grant
waivers from the following provisions as may be reasonable and within
the general purposes and intent of this chapter, if the literal enforcement
of one or more provisions of this subsection is impractical or will
enact undue hardship because of peculiar condition pertaining to the
land in question.
[Added by Ord. No. 6-2019, 3-26-2019]
(2)
Off-street parking. The minimum parking standards for both dimensions
and number of spaces as well as driveways and other site improvements
shall be in accordance with the New Jersey Residential Site Improvements
Standards, N.J.A.C. 5:21-1.1 et seq.
(3)
Mechanical equipment. Any rooftop mechanical equipment, inclusive
of solar panels, shall be concealed within the roof of the building
so it is not visible from adjacent public streets or public park.
Any ground-mounted mechanical equipment shall be screened appropriately.
(4)
Architectural design guidelines.
a.
Primary materials for buildings shall be brick, wood, HardiePlank® panels or similar fiber cement siding, stone,
precast and cast stone and manufactured stone, and glass.
b.
No more than three different primary materials shall be used
on each building facade. Within the primary materials, variations
in colors, texture and pattern may be employed to further break up
the mass or bulk of a building.
c.
The architectural treatment of the front facade shall be continued
in its major features around all visibly exposed sides of a building.
d.
Fenestration shall be architecturally compatible with the style,
materials, colors and details of the building. Windows shall be vertically
proportioned.
e.
All entrances to a building shall be defined and articulated
by architectural elements such as lintels, pediments, pilasters, columns,
porticoes, porches, overhangs, railings, etc.
f.
Buildings shall avoid long, monotonous, uninterrupted walls
or roof planes. Building wall offsets, including projections such
as canopies and recesses, may also be used in order to add architectural
interest and variety and to relieve the visual effect of a simple,
long wall.
g.
Similarly, in the case of a pitched roof, roofline offsets,
dormers or gables shall be provided in order to provide architectural
interest and variety to the massing of a building and to relieve the
effect of a single, long roof.
(i)
Site and building design requirements for age-restricted or senior
apartment development or mixed-use development in the R-SCII District.
In reviewing applications for site plan review within the R-SCII District,
the approving authority shall consider the criteria set forth in the
following provisions. In reviewing such applications, the approving
authority shall have the power to grant waivers from the following
provisions as may be reasonable and within the general purposes and
intent of this chapter, if the literal enforcement of one or more
provisions of this subsection is impractical or will enact undue hardship
because of peculiar conditions pertaining to the land in question.
[Added by Ord. No. 15-2017, 7-6-2017]
(1)
Vehicular access and parking location.
a.
No curb cuts or garage doors shall be permitted on Teaneck Road.
Vehicular access shall be provided from Westervelt Place and/or from
Beveridge Street only. No more than two curb cuts or driveways shall
be provided on each street, and such driveways shall be set back a
minimum of 30 feet from the front property line on Teaneck Road.
b.
Parking access driveways should be designed in a manner which
provides for, or allows for, vehicular access to be provided in front
of the building to both side streets, irrespective of whether the
entire zoned parcel is developed at one time or in phases.
c.
Ideally at-grade, under-building parking should be located behind
active retail space or building lobbies. Otherwise, any portion of
at-grade, under-building parking visible from a public street shall
be architecturally screened along all street-facing frontage of the
buildings so as to disguise and downplay the visibility of parking.
In-ground or raised planter beds shall be provided in front of the
building, to be planted year round with a variety of hardy plants.
At-grade, under-building parking levels shall have large window openings
that match typical ground-floor retail windows in size and proportion.
Such garage window openings shall include decorative screening grilles
and/or transparent glazing.
d.
Any surface parking lots shall be located behind buildings having
frontage on Teaneck Road. Circulation in rear surface parking lots
should run parallel to Teaneck Road. A sidewalk or designated pedestrian
walkway paths shall be provided between surface parking lots and the
adjacent retail, residential or mixed-use building(s), to provide
safe pedestrian connections to all rear building entries.
(2)
Fencing, buffers, lighting and landscaping.
a.
A six-foot-high board-on-board fence of wood, simulated wood
or PVC shall be provided along any property line adjacent to a residential
use.
b.
A buffer of a minimum width of 10 feet comprised of a double
row of staggered trees with at least two varieties of evergreen and
deciduous trees (four varieties in total) shall be provided along
the entire length of property lines adjacent to residential uses.
c.
Exterior lighting shall be limited to vehicle entrances, parking
areas, retail entries (if retail uses are provided) and for residential
uses at the front lobby pedestrian entry area only. A light fixture
shall not exceed a height of 18 feet and shall have shields to prevent
light spillage onto any adjacent property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
d.
Areas of the site which are not covered by buildings or paving
shall be landscaped with lawn, shrubs and trees.
(3)
Refuse and recycling. Refuse and recycling areas are encouraged
to be provided within the building. If such areas are provided outdoors,
they shall only be permitted in the rear yard and shall meet the same
setbacks as that required for buildings. Such areas shall be shielded
on all sides by wood, simulated wood or steel fencing, or walls of
the same exterior material and color as that of the principal building,
and sufficient in height to screen all refuse and recycling storage
containers.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
Building design.
a.
Massing and architecture.
1.
Building mass should be delineated horizontally to highlight
the base and the roofline, with the highest level of detailing and
more substantial weight materials on the lowest portion. The base
of buildings should be highlighted architecturally, such as with varied
fenestration; different materials; taller floor heights; horizontal
banding, belt course, cornices, or other detailing; and varied material
textures or patterns. The roofline should be highlighted with a parapet
wall, balustrade, or deep cornice.
b.
Architectural detailing.
1.
Building facades shall be broken down so that they appear as
a series of distinct bays, each not to exceed 50 feet in width. The
distinguishing features of such bays should include dimensional changes,
such as columns, pilasters, or changes in facade plane, as well as
textural, pattern, and/or material variation.
2.
Ground-floor facades facing a public street and having retail
space shall have large plate glass storefront windows occupying at
least 40% of the ground-floor facade area. Overhangs, light shelves,
canopies, and straight awnings are encouraged along retail storefronts.
3.
In residential or mixed-use developments, upper-floor residential
facades on all sides of buildings shall have windows occupying at
least 25% of such upper-floor facade areas. Upper-level windows shall
be vertically proportioned and shall have raised trim and/or recessed
glazing so as to create shadow lines for visual interest.
c.
Entry and lobby.
1.
The primary pedestrian entries to any retail spaces shall be
located on Teaneck Road. At least one operable, fully glazed door
shall be provided for each tenantable space along Teaneck Road.
2.
Upper-floor residential units shall have their primary shared
pedestrian entry along Teaneck Road or one of the two side streets.
3.
Secondary pedestrian entries to retail and residential spaces
are permitted along the side or rear facades.
4.
Primary building entries shall be architecturally highlighted
in the facade through features such as building massing, projecting
or recessed entries, glazing patterns, transom windows, and canopies
or awnings.
d.
Materials.
1.
Preferred primary materials for solid portions of building facades
are masonry, brick, wood, HardiePlank® or similar fiber cement siding. Metal may be used as an accent material.
No more than three different primary materials should be used on building
facades. Within the primary materials, variations in colors, textures,
and pattern may be employed to further break up the bulk or mass of
a building. All building facades should exhibit the same or similar
degree of architectural detailing.
2.
Materials and/or details should be extended around building
corners and extensions in order to avoid a pasted-on appearance. Material
changes should occur at a logical transition point, related to dimensional
architectural massing or detailing.
