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Borough of Woodland Park, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted 2-15-2017 by Ord. No. 2017-02, amended 8-16-2017 by Ord. No. 2017-12; 8-16-2017 by Ord. No. 2017-21; 12-20-2017 by Ord. No. 2017-34]
This chapter shall be known as Chapter XXII and may be cited as "The Zoning Ordinance of the Borough of Woodland Park."
For the purpose of limiting and restricting to specified districts, and regulating therein buildings and lands and structures according to their construction and the nature and extent of their use, and to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use and extent of use of lands, buildings and structures for trade, industry, residence of other purposes, the municipality is hereby divided into districts as hereafter set forth. The land use pattern as set forth is based upon the Land Use Element of the Master Plan and is intended to effectuate the Master Plan enacted in order to encourage municipal action to guide the appropriate development of land in a manner which will promote the public health, safety, morals and general welfare of the public.
ABANDONMENT
the relinquishment of property or a cessation of the use of the property by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.
ACCESSORY BUILDING
a building, the use of which is customarily incidental to that of a dwelling and which is located on the same lot as that occupied by the main building.
ACCESSORY STRUCTURE
a structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.
ACCESSORY USE
a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
ACTIVE ADULT MULTI-FAMILY
a planned development designed for active people aged 55 and older that emphasizes social and recreational activities
ADULT BOOKSTORE
a person, establishment, or business, whether retail or wholesale, having more than twenty-five (25%) percent of its stock in trade, recordings, books, magazines, periodicals, films, video tapes/cassettes, or other viewing materials for sale or viewing on or off the premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as hereinafter defined.
ADULT DAY CARE
an establishment providing for the care, supervision, and protection of elderly or developmentally disabled adults for a period of less than 24 hours
ADULT ENTERTAINMENT CABARET
a public or private establishment, including but not limited to a nightclub, bar restaurant, club, "go-go" club or bar, or other commercial establishment which permits, presents, suffers or allows any of the following:
a. 
Persons who appear in a state of nudity for entertainment.
b. 
Live performances which are characterized by the exposure of specific anatomical areas or by specific sexual activities including:
1. 
Specific anatomical areas:
(a) 
Human genitals, pubic region.
(b) 
Buttocks.
(c) 
Female breasts below a point immediately above the areola.
2. 
Specific sexual activities:
(a) 
Human genitals in a state of sexual stimulation or arousal.
(b) 
Acts of human masturbation, sexual intercourse, sodomy or bestiality.
(c) 
Folding or other erotic touching of human genitals, pubic region, buttocks or female breasts.
(d) 
Actual or simulated sexual acts with animals.
ADULT MOTION PICTURE THEATER
an enclosed or unenclosed building, structure, or portion thereof used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as hereinafter defined for observation by patrons.
AGE-RESTRICTED HOUSING
housing for persons aged 55 and older.
ALCOHOL AND DRUG REHAB FACILITY
a facility that provides short-term, primarily in-patient care, treatment, and/or rehabilitation services for persons recovering from alcohol or drug addiction
ALTERATION OF BUILDING
any change in supporting members of a building except as may be required for its safety, any addition to a building, any change in use from one district classification to another or removal of a building from one location to another.
ART GALLERY
a space for the display and observation of art
ASSISTED LIVING
a residential facility that provides services to allow mentally or physically limited persons to live independently. Residents have their own independent living quarters, and services may include dining, housekeeping, social and recreational activities, medication administration, and transportation.
AUTO REPAIR
a facility that repairs automobiles or other vehicles
AUTO SALES
a retail facility where automotive vehicles are displayed and sold from the premises
AUTO SALES AND REPAIR
a retail facility where automotive vehicles are displayed and sold from the premises, also containing a facility to repair vehicles, not including auto body work
BANKS – WITH DRIVE THROUGH
a financial institution that receives deposits, holds and lends money to the public, and invests in securities. The physical nature of the structure involves a drive-through facility for automobiles so clients can perform transactions from an automobile.
BANKS – WITHOUT DRIVE THROUGH
a financial institution that receives deposits, holds and lends money to the public, and invests in securities.
BANQUET HALL/CATERING FACILITY
an establishment that provides food and drink for a large number of people at one time.
BAR
a place of business licensed by the Alcoholic Beverages Control Board for the sale and on-premises consumption of alcoholic beverages by the drink as the principal or primary use, whether or not food service is also provided.
BASEMENT
a story partly underground but having less than half of its clear height below finished grade. A basement shall be considered a story for purposes of height measurement, in determining the permissible number of stories.
BILLBOARD
a sign that directs attention to a business, commodity, goods, services, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
BILLIARD ESTABLISHMENT
an establishment with tables for the playing of billiards
BLOCK
the length of a street between two (2) street intersections.
BOARDING HOUSE
any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel, motel or established guest house wherein a minimum of 85% of the units of dwelling space are offered for limited tenure only, any resource family home as defined in section 1 of P.L. 1962, c. 137 (C. 30:4C-26.1), any community residence for the developmentally disabled and any community residence for the mentally ill as defined in section 2 of P.L. 1977, c. 448 (C. 30:11B-2), any adult family care home as defined in section 3 of P.L. 2001, c. 304 (C. 26:2Y-3), any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary or higher education for the use of its students, any building arranged for single room occupancy wherein the units of dwelling space are occupied exclusively by students enrolled in a full-time course of study at an institution of higher education approved by the New Jersey Commission on Higher Education, any facility or living arrangement operated by, or under contract with, any State department or agency, upon the written authorization of the commissioner, and any owner-occupied, one-family residential dwelling made available for occupancy by not more than six guests, where the primary purpose of the occupancy is to provide charitable assistance to the guests and where the owner derives no income from the occupancy.
BOWLING ALLEY
an establishment in which players roll a ball down an alley to knock over pins. The establishment may or may not have a concessions stand as an accessory use.
BUFFER
a continuous area of open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate one use or property from another.
BUILDING COVERAGE
the area of the lot taken up by structures containing a roof.
BUILDING HEIGHT
see Height of building.
BUILDING MATERIALS OR HOME IMPROVEMENT STORE
a retail establishment that sells household building, improvement, decorating, and cleaning supplies
CAR WASH
a facility where automotive vehicles are cleaned through an automated system or by hand
CAR WASH WITH DETAILING
a facility where automotive vehicles are cleaned though an automated system or by hand, also containing a component for hand "detailing" or thorough cleaning and waxing of automobiles
CAR WASH WITH OIL LUBE
a facility where automotive vehicles are cleaned through an automated system or by hand, also containing a facility where oil and other automotive fluids are replaced
CCRC (CONTINUING CARE RETIREMENT COMMUNITY)
a facility that provides care to aging adults, ranging from independent living to increased care, which can be in the form of congregate care, assisted living, and skilled nursing care. These facilities may also contain dining, recreational, and medical facilities.
CENTERLINE OF STREET
a line midway between and parallel to the two (2) streets or property lines or as otherwise defined by the Council.
CHILD CARE CENTER
an establishment providing for the care, supervision, and protection of children for a period of less than twenty-four (24) hours.
CLINIC
an establishment where patients are admitted for examination and treatment on an outpatient basis by physicians, dentists, other medical personnel, psychologists, or social workers and where such examination and treatment is less than twenty-four (24) hours
CLUBHOUSE
a building to house a club or social organization not conducted for private profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.
COMMON ACCESS DRIVEWAY
a driveway providing access from an exterior public street to a private driveway.
COMMUNITY CENTER
a facility used for recreational, social, educational, and cultural activities that is owned and operated by a non-profit entity or government agency
CONVENIENCE STORE
a retail establishment of up to 5,000 square feet that sells convenience foods, newspapers, and magazines, household items, and a limited amount of freshly prepared food, but do not have gas pumps
CONVENIENCE STORE WITH GAS
A retail establishment of up to 5,000 square feet that sells convenience foods, newspapers, and magazines, household items, and a limited amount of freshly prepared food,, and also gas pumps.
CORNER
a lot fronting on two (2) streets at their intersection.
COUNCIL
the duly elected Council of the Borough of Woodland Park when referred to as the "Borough Council" or "Municipal Council."
COURTS
an unoccupied open space other than a yard. An outer court is one which extends to the street or to the front or rear yard. An inner court is any other court.
DANCE STUDIO
an establishment that provides dance instruction to individuals
DECK
[Ord. No. 2017-34]
shall mean a flat surface capable of supporting weight, similar to a floor but typically constructed outdoors, often elevated from the ground and usually connected to a building.
a. 
Decks attached to the principle structure shall conform to the setback requirements for principle structures.
b. 
Decks not attached to the principle structure shall conform to the requirements for accessory structures.
DRIVING RANGE
a facility in which several patrons can practice golf time. Accessory uses may include a pro shop and snack bar.
DRUG STORES – DRIVE-THROUGH
retail facilities that primarily sell prescription and non-prescription drugs. They may also sell toiletries, personal care products, cosmetics, limited food products, and general merchandise.
DRUG STORES – NO DRIVE-THROUGH
retail facilities that primarily sell prescription and non-prescription drugs. They may also sell toiletries, personal care products, cosmetics, limited food products, and general merchandise.
EDUCATIONAL USE
an establishment for the education of children or adults in a subject matter
FINANCE, REAL ESTATE SERVICES
establishments such as banks and financial institutions, credit agencies, investment companies, brokers of and dealers in securities and commodities, security and commodity exchanges, insurance agents, lessors, lessees, buyers, sellers, agents, and developers of real estate.
FIREPROOF CONSTRUCTION
that construction in which the structural members are of approved noncombustible construction having the necessary strength and stability, and having fire resistance ratings, of not less than four (4) hours for exterior nonbearing walls and wall panels; not less than three (3) hours for columns and for wall supporting girders and trusses; not less than two (2) hours for floors, for roofs and for floor and supporting beams, girders and trusses; and in which exterior and interior bearing walls, if any, are of approved masonry or reinforced concrete.
FRONT OF BUILDING
for residential buildings where there is direct entrance from the exterior to each dwelling unit therein, the building front shall mean all the exterior walls that face a public or private road. Such buildings may have two (2) fronts and no rear. For residential buildings where there is a common entrance from the exterior to all dwelling units therein, the building front shall mean all exterior walls in which such common entrance is located.
FRONT YARD
space between the building line or front main wall of the building and the front property line.
FUNERAL HOME
a building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation
FURNITURE OR MAJOR APPLIANCE STORE
a retail establishment selling furniture or major appliances
GOVERNING BODY
the duly elected Mayor and Council of the Borough of Woodland Park.
GROCERY STORE
a free standing retail store that sells an assortment of food, prepared food, and household cleaning items.
GYMNASTIC STUDIO
an establishment that provides gymnastic instruction to individuals
HABITABLE AREA
Livable or habitable area shall be construed to mean floor space used for general living purposes. It shall not include porches, garages, or cellars or basements. Attic space with a ceiling of seven (7) feet or more and sloping to a height at the eaves of not less than five (5) feet from the floor to the underside of the rafters may be counted as livable or habitable area, providing the attic is finished and piping for water and heating have been installed.
HEIGHT OF BUILDING
the vertical distance measured from the average ground level at the sides of the building to the extreme high point of the building exclusive of chimneys and similar features.
HOME OFFICE OR OCCUPATION
the office or studio of a physician or surgeon, dentist, artist, musician, lawyer, architect, teacher or other like professional person, residing on the premises. A home office may be conducted in the main building or in an accessory building but in either case shall not occupy a total floor area greater than that of one-half (1/2) the area of the first floor of the main building. There shall be no commercial display visible from the street or advertising, except a small professional nameplate or announcement sign.
HOSPITAL
an institution providing primary health care services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other conditions and including related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
HOTEL
a facility offering transient lodging that provide sleeping accommodations and supporting facilities.
HOTEL WITH BANQUET FACILITIES
supporting facilities may include a restaurant, bar, meeting and banquet rooms, and limited recreational facilities.
HOUSE OF WORSHIP
a facility that is used for prayer and religious services by persons of similar beliefs.
IMPERVIOUS/LOT COVERAGE
the area of any structure, surface or improvement that highly reduces the absorption of storm water into land. Dry-laid paving blocks, crushed stone, open board decking, and other similar structures, surfaces or improvements may be considered partially pervious with no more than fifty (50%) percent of such area(s) of a lot considered pervious coverage. Surface water bodies, swimming pools, grass, lawns or any other vegetation are not considered impervious coverage.
INDUSTRIAL USE
manufacturing, warehouse, assembly, materials testing, printing, or similar facility
LOT
a parcel, tract or area of land as shown on the Tax Map, established by a plat or otherwise as permitted by law, having frontage on a public street, and to be used, developed or built upon for a principal use and/or uses accessory or incidental to the operation thereof.
LOT AREA
the computed area contained within the lot lines.
LOT, CORNER
a lot abutting upon two or more streets at their intersection or upon two parts of the same street, forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner." In the case of a corner lot, the lot shall be deemed to have two (2) front yards and two (2) side yards and no rear yard.
LOT DEPTH
the mean horizontal distance between the front and rear lot lines.
LOT, FLAG
a lot not meeting minimum frontage requirements and where access to the public street is by a private right-of-way or driveway.
LOT, INTERIOR
a lot not bounded by a street.
LOT, THROUGH
a lot fronting on two (2) parallel streets or on two (2) streets that do not intersect at the boundaries of the lot.
LOT WIDTH
the mean width of the lot measured at right angles to its depth.
MANUFACTURING USE
a facility that engages in the mechanical or chemical transformation of materials of substances into new products, including the assembling of component parts, the creation of products, and the blending of materials.
MASSAGE ESTABLISHMENT
an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered by an individual who is not a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State. This definition does not include any athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
MEDICAL OFFICE
a room or group of rooms used for conducting the affairs of a medical professional or physician
MINI-GOLF
a facility that provides holes for playing golf at a smaller dimension than regular golf, and also includes obstacles and may be played on artificial surfaces
MOTOR VEHICLE SERVICE STATION
an establishment, not used as a public garage, where automobiles may be serviced with gasoline, oil, grease and accessories, for profit.
MULTI-FAMILY GARDEN APARTMENT
one or two-story multi-family structures which also includes parking, open space, and recreational amenities.
MULTIPLE-FAMILY DWELLING
any building under a single roof, with or without firewall partitions or party walls designed for occupancy by, or occupied by three (3) or more households living as families, and including an apartment house of any size.
OFFICE
a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government
OFF-STREET PARKING
the surfaced area not including driveway designed for parking of motor vehicles.
OUTDOOR LIVING SPACE
that portion of a lot which is not occupied by a principal or accessory building which is not designated or intended to serve as a driveway, or as a parking space, and is not devoted primarily to a service use such as clothes drying or refuse can storage. All portions of a lot which are intended for use as outdoor living space shall be available to and accessible to all occupants of the building or buildings on the lot for the purpose of active or passive outdoor recreation.
PEEP SHOWS
a theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged, depicting, describing or relating to specific sexual activities or specific anatomical areas for observation by patrons.
PLACE OF PUBLIC ASSEMBLY
an area where large numbers of individuals collect to participate or observe programs, such as auditoriums, stadiums, or comparable facilities
PORCH
[Ord. No. 2017-34]
shall mean open or covered surface, which shall conform to the setback requirements for principle structures.
PRIVATE ADULT SCHOOL
any building or part thereof that is used for education of adults in any branch of knowledge that does not have to meet any state requirements.
PRIVATE DRIVEWAY
a driveway providing access from a common access driveway to a private garage.
PRIVATE GARAGE
a garage not conducted as a business or used for the storage of a commercial vehicle or vehicles.
PRIVATE SCHOOL
any building or group of buildings that, the use of which meets state requirements for elementary, or secondary education and which does not secure the major part of its funding from any governmental agency.
PUBLIC GARAGE
a garage conducted as a business. The storage of a commercial vehicle or commercial vehicles, or the rental of storage space for more than two (2) cars not owned by persons residing on the premises shall be deemed a business use.
RACQUET CLUB
an establishment having courts for racquet-based sports and activities, either within a building and/or outdoors, having accessory facilities, including locker rooms, offices, food service, and meetings rooms, with a membership which pays fees or dues.
REAR YARD
an open space on the same lot with a building between the rear wall of the principal building and the rear line of the lot.
REPAIR SHOP
an establishment available to the public, operated for gain, which is used for the making of repairs and adjustment to electrical appliances or other machinery and the restoration, renovation and servicing of motor vehicles.
RESTAURANT FAST FOOD NO DRIVE THROUGH
an establishment where food and beverages are sold in a form ready for consumption, where orders are taken at a counter or through a window from an automobile, and food is served at the counter. No alcoholic beverages are served. Seating for the consumption of food and beverages may be provided, but no orders are taken through a server.
RESTAURANT- FAST FOOD WITH DRIVE THROUGH
an establishment where food and beverages are sold in a form ready for consumption, where orders are taken at a counter and food is served at the counter or through a window to an automobile. No alcoholic beverages are served. Seating for the consumption of food and beverages may be provided, but no orders are taken through a server.
RESTAURANT – FAST-CASUAL
an establishment where food and drink are prepared, served, and consumed, mostly within the principal building, where orders are taken at a counter and food is specifically prepared to order. Alcoholic beverages are sometimes served. Seating for the consumption of food and beverages is provided, but no orders are taken through a server.
RESTAURANT – SIT-DOWN WITH BAR
an establishment where food and drink are prepared, served, and consumed, mostly within the principal building, and where patrons are seated by a host and provide table service though ordering with a server, also containing a bar area serving alcoholic drinks to the public.
RESTAURANT – SIT-DOWN WITHOUT BAR
an establishment where food and drink are prepared, served, and consumed, mostly within the principal building, and where patrons are seated by a host and provide table service through ordering with a server.
RESTAURANT – TAKE-OUT (NO TABLES OR CHAIRS)
an establishment where orders are taken via person, phone, or internet; food is served at a counter; but no eating is done on the premises.
RETAIL
the selling or renting of products or goods to the general public (no wholesale)
ROOMING HOUSE
boarding house wherein no personal or financial services are provided to the residents.
SCREENING
a method of visually shielding one (1) abutting or nearby structure or use from another by fencing, walls, berms, or reasonably sized plantings.
SELF-STORAGE FACILITY
a building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time. This use is considered a retail service use.
SERVICE USE
a place that provides services for sale to the general public, such as barbers, dry cleaners, etc.
SHOPPING CENTER
a group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site. Shopping Centers shall consist of a minimum of six (6) stores or twenty-five thousand (25,000) square feet of retail floor area of the following permitted types:
a. 
Only those uses are permitted in which display, sales, servicing or processing takes place wholly within a building.
b. 
Local retail outlets of the following types: drugstore; grocery store; delicatessen; restaurant; soda fountain; bakery employing no more than eight (8) persons; notions or variety store; barber or beauty shop; dry cleaning agency; laundry, hand or self-service; shoe store or shoe repair shop; women's and children's apparel; haberdashery; tailor shop; confectionery; stationery store; cigar store; jewelry; meat market except live poultry; hardware; paint store.
c. 
Regional facilities of the following types: bank; supermarket; department store; household furnishings and accessories.
d. 
Professional or business offices.
e. 
Any retail operation of the same general character as determined by the Planning Board pursuant to a hearing. Notwithstanding the discretion conferred by this paragraph, no use specifically prohibited or uses similar thereto shall be construed as permitted.
SIDE YARD
an open unobstructed space in the same lot with a building between the building and the side line of the lot and extending through from the front to the rear yard, into which space there is no extension of building parts other than eaves with an overhang of not more than two (2) feet, rainwater leaders, window sills, chimneys and other such fixtures; open steps, and bay windows not more than twelve (12) feet wide at one (1) floor level only and for a distance not to exceed two (2) feet.
SINGLE-FAMILY DWELLING
a detached house designed for the use of a single household wherein the dwelling unit contains a minimum of one hundred fifty (150) square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the base of total habitable room area; and every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty (50) square feet of floor space for each occupant thereof, pursuant to N.J.A.C. § 5:28-1.11.
SKATING RINK
an area that has a special surface of ice, smooth pavement, etc., and that is used for skating which may be enclosed, partially enclosed, or not enclosed.
SKILLED NURSING FACILITY/SHORT-TERM CARE FACILITY
a facility that provides skilled nursing care to patients for a minimum number of hours daily.
SPORTS CLUB/HEALTH SPA/GYM
an establishment that provides facilities for exercise, including but not limited to aerobic activities, running, weight lifting, game courts, swimming facilities, group exercise instruction, personal training, saunas, locker rooms, and showers. These facilities are for members only.
SPORTS COMPLEX
a place designed and equipped for the conduct of sports and leisure time activities, which may include fields, rinks, and courts.
SPORTS COMPLEX WITH SPECTATORS
a place designed and equipped for the conduct of sports and leisure time activities, which may include fields, rinks, courts, and areas for spectators. Accessory facilities may include concession stands for sale of food and other items.
STATIONARY SIGN
any sign or signboard erected, constructed or maintained for displaying outdoor advertising by means of posters, pictures, pictorial or reading matter, which sign or signboard is supported by upright or braces upon the ground, or is attached to or upon a building or structure.
STORY
part of a building included between any floor and the floor or roof next above. When applying to the permissible height of buildings, the term "story" shall not include a basement unless the basement is designed to be used for living quarters, in which case the ceiling thereof shall be four (4) feet or more above the average exterior ground level.
STREET LINE
the right-of-way or established property line of a street as indicated by dedication or by deed of record.
STREET
a thoroughfare publicly or privately owned, open to general use and having a right-of-way of twenty (20) feet or more.
STREET, PRIVATE
a street that has not been accepted by the municipality or other governmental entity.
STREET, PUBLIC
a street that has been accepted by the municipality or other governmental entity.
SUPERMARKET
a free standing retail store that sells an assortment of food, prepared food, and household cleaning items. Supermarkets may also contain limited-service banks, bakeries, books and magazines, floral arrangements, pharmacies, and video rental.
THEATRE
a building or part of a building used to show movies or used for live performances
TOWNHOUSE
a single-family dwelling unit constructed in a group of three (3) or more attached units in which each unit extends from the foundation to the roof with a yard or public way on at least two (2) sides.
TWO FAMILY DWELLING
a structure containing two (2) dwelling units on one lot, each of which is separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
WORKSHOP FOR CRAFTSMEN
an establishment where an individual who has creative skills in manufacturing or arrangement of materials resulting in a finished product or commodity such as wearing apparel, home decorations, jewelry, toys, furniture, leather goods, dried flowers, or similar products creates the products.
[Amended 12-18-2019 by Ord. No. 19-19; 12-18-2019 by Ord. No. 19-20]
The 19 districts into which the Borough is divided are:
Residence "A" Districts
Residence "B" Districts
Residence "C" Districts
Residence "D" Districts (Garden Apartment Districts)
Residence "E" Districts (Townhouse Districts)
Residence "F" Districts (Planned Residential Districts)
Residence "G" Districts (Adult Residential Districts)
Residence "H" Districts (Inclusionary Multi-Family Residential Districts)
Senior Citizen Residential Districts
Neighborhood Commercial Districts (NC)
Central Business District (CBD)
Regional Commercial Districts (RGC)
Mid-Rise Office Districts (MO)
High-Rise Office Districts (HO)
Industrial Adaptive Reuse District (AIR)
Open Space and Recreation (OSR)
Mixed Use Development (MXD)
Affordable Housing (R-M) Zone
Affordable Housing (R-O) Overlay Zone
The boundaries of these districts and classes of districts are hereby established on a map entitled "Zoning Map, Borough of Woodland Park, Passaic County, New Jersey, October, 2016," prepared by Gregory Associates, LLC.
Where a district boundary line divides a lot in single ownership existing as of September 1, 2016, the use authorized on and the district requirements of the least-restricted portion of the lot shall be construed as extending to the entire lot, provided that the extension shall not include any part of the lot which is more than 35 feet from the district boundary line.
Wherever a street, lane, alley, highway or any part thereof constitutes the dividing boundary line of two specified districts, and the part thereof is vacated, or the public rights therein otherwise extinguished, the center line of the vacated street, lane, alley, highway or any part thereof shall constitute the dividing boundary line of the specified districts, and the lands formerly within the street, alley, lane, highway or part thereof so vacated, or wherein the public rights shall be extinguished, on either side of the center line shall be subject respectively to the restrictions, limitations and regulations imposed by this chapter upon the abutting lands.
The Schedule of Permitted Uses is hereby adopted to establish the permitted, conditional and accessory uses in the zone districts of the Borough of Woodland Park.[1]
[1]
Editor's Note: The Schedule of Permitted Uses is included as an attachment to this chapter.
The Schedule of Bulk Zoning Requirements is hereby adopted to establish the lot area, with, depth and coverage, the yard setbacks, the building coverage and height, density, F.A.R. and buffer requirements for the districts of the Borough of Woodland Park.[1]
[1]
Editor's Note: The Schedule of Bulk Zoning Requirements is included as an attachment to this chapter.
[Ord. No. 2017-21]
The Schedule of Parking Requirements is hereby adopted to establish the parking requirements for the land uses in the Borough of Woodland Park.[1]
[1]
Editor's Note: The Schedule of Parking Requirements is included as an attachment to this chapter.
a. 
Permitted Uses. See the Schedule of Permitted Uses in Subsection 22-4.4.
b. 
Bulk Requirements. See the Schedule of Bulk Zoning Requirements in Subsection 22-4.5.
c. 
Parking Requirements. See the Schedule of Parking Requirements in Subsection 22-4.6.
d. 
Supplemental Use Regulations. See supplemental use regulations in Subsection 22-23.1.
a. 
Permitted Uses. See the Schedule of Permitted Uses in Subsection 22-4.4.
b. 
Bulk Requirements. See the Schedule of Bulk Zoning Requirements in Subsection 22-4.5.
c. 
Parking Requirements. See the Schedule of Parking Requirements in subsection 22-4.6.
d. 
Supplemental Use Regulations. See supplemental use regulations in subsection 22-23.1.
a. 
Permitted Uses. See the Schedule of Permitted Uses in subsection 22-4.4.
b. 
Bulk Requirements. See the Schedule of Bulk Zoning Requirements in subsection 22-4.5.
c. 
Parking Requirements. See the Schedule of Parking Requirements in subsection 22-4.6.
d. 
Supplemental Use Regulations. See supplemental use regulations in subsection 22-23.1.
a. 
Permitted Uses. See the Schedule of Permitted Uses in subsection 22-4.4.
b. 
Bulk Requirements. See the Schedule of Bulk Zoning Requirements in subsection 22-4.5.
c. 
Parking Requirements. See the Schedule of Parking Requirements in subsection 22-4.6.
d. 
Supplemental Use Regulations. See supplemental use regulations in subsection 22-23.2.
a. 
Permitted Uses. See the Schedule of Permitted Uses in subsection 22-4.4.
b. 
Bulk Requirements. See the Schedule of Bulk Zoning Requirements in subsection 22-4.5.
c. 
Parking Requirements. See the Schedule of Parking Requirements in subsection 22-4.6.
d. 
Supplemental Use Regulations. See supplemental use regulations in subsection 22-23.3.
a. 
Permitted Uses. See the Schedule of Permitted Uses in subsection 22-4.4.
b. 
Bulk Requirements. See the Schedule of Bulk Zoning Requirements in subsection 22-4.5.
c. 
Parking Requirements. See the Schedule of Parking Requirements in subsection 22-4.6.
d. 
Supplemental Use Regulations. See supplemental use regulations in subsection 22-23.4.
[Ord. No. 2017-12]
a. 
Permitted Uses. See the Schedule of Permitted Uses in subsection 22-4.4.
b. 
Bulk Requirements. See the Schedule of Bulk Zoning Requirements in subsection 22-4.5.
c. 
Parking Requirements. See the Schedule of Parking Requirements in subsection 22-4.6.
d. 
Supplemental Use Regulations. See supplemental use regulations in subsection 22-23.5.
a. 
Permitted Uses. See the Schedule of Permitted Uses in subsection 22-4.4.
b. 
Bulk Requirements. See the Schedule of Bulk Zoning Requirements in subsection 22-4.5.
c. 
Parking Requirements. See the Schedule of Parking Requirements in subsection 22-4.6.
d. 
Supplemental Use Regulations. See supplemental use regulations in subsection 22-23.6.
a. 
Permitted Uses. See the Schedule of Permitted Uses in subsection 22-4.4.
b. 
Bulk Requirements. See the Schedule of Bulk Zoning Requirements in subsection 22-4.5.
c. 
Parking Requirements. See the Schedule of Parking Requirements in subsection 22-4.6.
d. 
Supplemental Use Regulations. See supplemental use regulations in subsection 22-23.7.
a. 
Permitted Uses. See the Schedule of Permitted Uses in subsection 22-4.4.
b. 
Bulk Requirements. See the Schedule of Bulk Zoning Requirements in subsection 22-4.5.
c. 
Parking Requirements. See the Schedule of Parking Requirements in subsection 22-4.6.
d. 
Supplemental Use Regulations. See supplemental use regulations in subsection 22-23.8.
a. 
Permitted Uses. See the Schedule of Permitted Uses in subsection 22-4.4.
b. 
Bulk Requirements. See the Schedule of Bulk Zoning Requirements in subsection 22-4.5.
c. 
Parking Requirements. See the Schedule of Parking Requirements in subsection 22-4.6.
The purpose for the regulations is to establish a cohesive Central Business District with a coordinated and aesthetically attractive composition of building facades. The objective is for the major thoroughfares, particularly McBride Avenue, to maintain their regional service status, but also become a destination spot for the region through improved conditions and establishment of an "image" identifying the district. The downtown serves both the region and local residents as a place to live, work, and take advantage of civic, cultural, educational, shopping, and entertainment opportunities. The downtown districts are intended to allow a mixture of land uses, dense urban development, pedestrian orientation, unique residential opportunities, and a compatible and attractive mix of historic and contemporary building design.
A consistent, compatible facade and massing is essential to relate on-site development with the area. New buildings are encouraged to incorporate such building elements as entrances, corners, graphic panels, display windows, etc., as a means to provide a visually attractive environment. There shall be an established architectural theme for the mixed-use buildings within the CBD, which includes facade treatments, signage, light poles, benches and other design elements. The following standards shall apply:
a. 
The use of materials, roofing, trim, siding, signs, window and door elements shall be consistent with traditional architectural styles. All facades must be treated with the same architectural facade treatment, which shall consist of brick, finished masonry, stone, wood or a combination thereof.
b. 
Multi-tenant buildings shall provide varied facade treatments on storefronts and such elements as noted below for all ground floor tenants. Upper floors shall be coordinated with ground floors through complementary materials and colors.
c. 
A human scale of development should be achieved at grade and along street frontages through the use of such elements as windows, doors, columns, awnings and canopies. Design emphasis should be placed on primary building entrances. They should be vertical in character, particularly when there is the need to provide contrast with a long linear building footprint, and such details as pillars, columns and framing should be utilized to reinforce verticality.
d. 
Cornices, awnings, canopies, flagpoles, signage and other ornamental features should be encouraged as a means to enhance the visual environment. Such features may be permitted to project over pedestrian sidewalks, with a minimum vertical clearance of eight and one-half (8.5) feet, to within three (3) feet of a curb.
e. 
A variety of building materials may be appropriate. Masonry, which works well at the base of a building, can vary in size, color and texture and enables the provision of a decorative pattern or band. Above twelve (12) feet, it can be substituted with other complementary materials.
f. 
The use of fabric or metal canopies is to be encouraged, especially over storefronts, at entrances or over display windows.
a. 
The use of creative lighting schemes to highlight building facades and related areas of a site shall be encouraged.
b. 
The use of traditional-style lanterns and similar fixtures shall be required.
c. 
Exterior neon lights and lighting generating glare and unnecessary nightglow impacts shall be prohibited.
d. 
Whenever possible, light poles should be integrated into landscaped islands.
The use of street furniture (benches, trash receptacles, etc.) shall be encouraged throughout a development, provided that the materials used are consistent with the overall concept of the building design. Sidewalks should have a width of at least six (6) feet where active pedestrian corridors are located. Active pedestrian movements are encouraged and located along building frontages so as to tie buildings in the area together. Wider sidewalks may be designed for special places such as plazas or courts.
All uses located at street level must have a front window corridor consistent with a pedestrian-inviting environment.
a. 
Building partitions shall not be constructed within the front twenty-five (25) feet as measured from the wall closest to the front lot line.
b. 
Windows facing any street shall not be tinted.
c. 
Storefront windows shall not be obscured. Window coverings on the ground floor shall be reviewed by the Board and shall maximize the appearance of an open storefront.
d. 
Bars or other physical security devices shall be discouraged; however, if installed the following shall apply:
1. 
Installation shall only be allowed on the interior of the building and shall be set back from the store front.
2. 
Devices shall be retractable and not visible when open.
3. 
Devices shall be opened during normal business hours. Normal business hours shall mean 10:00 a.m. to 11:00 p.m.
4. 
The Board shall review the design and location of the installation.
Fences and walls shall not be permitted adjacent to any public street. All other locations and materials used shall be approved by the Approving Board. Barbed wire and chain link fences are not permitted.
Each use shall either (a) provide trash containers on site or (b) financially contribute to and use shared trash facilities within the CBD Zone. If trash containers are provided on site:
a. 
The containers shall provide sufficient capacity to contain all refuse generated by the use.
b. 
All trash containers shall be enclosed or screened from public view and shall not be adjacent to any public street and shall be located so as to allow for convenient pickup and disposal.
c. 
All trash containers shall be provided with lids.
Outside storage is prohibited.
Mechanical and utility equipment at ground level shall be placed in the side or rear yard and shall be screened from view by opaque screening from grade level along any public street or adjacent property. Buildings that front on more than one public street may have mechanical and utility equipment located within a street-facing yard, provided it is visually screened using compatible building materials and design as the principal structure. This is applicable only where no other reasonable option exists as determined by the reviewing Board. Roof-mounted mechanical equipment and/or duct work which projects above the roof or roof parapet of a building and is visible from adjacent properties or a public street shall not be permitted. Exceptions: The Board may permit an enclosure that screens mechanical equipment if the material is durable and consistent with the architecture of the building. Satellite dishes shall not be visible from the public right-of-way.
a. 
Location. All parking, if provided on site, shall be provided to the rear of any building. Parking is not permitted in the front or side yard.
b. 
Parking Buffer. A ten (10) foot landscaped buffer is required for parking abutting a residential use.
c. 
Cross Easements. All properties are required to have access to an adjacent parking lot(s). Cross-access easements shall be part of any approval. If no adjacent parking areas are available for access to the street, a side yard setback will be allowed the width of an access drive for vehicles to obtain access to a rear parking area.
d. 
Parking. Parking requirements shall be as provided in the Schedule of Parking Requirements, adopted in subsection 22-4.6.
e. 
Off-Site Parking. If parking spaces are available off site as described by the table below, the applicant will make a payment-in-lieu of two thousand five hundred ($2,500.00) dollars per space to a public parking fund.
TABLE 1
PARKING PROXIMITY
Less than 100'
Less than 800'
Less than 1200'
Accessible parking
Grocery stores
General retail
Deliveries and loading
Professional services
Restaurant
Emergency services
Medical clinics/services
Employees
Convenience store
Residents
Entertainment
f. 
Payment-in-Lieu of Parking (PILOP). A payment of three thousand ($3,000.00) dollars per parking space is required for each waived parking space, in lieu of providing the number of parking spaces required by the ordinance. The monies will be deposited into a municipal parking fund.
g. 
(Reduction in) Cumulative Parking Requirements. Cumulative parking requirements for mixed-use occupancies or shared facilities may be reduced where it can be determined that the peak requirements of the several occupancies occur at different times (either daily or seasonally). The submittal requirements for a parking reduction request vary according to the method used to determine the parking reduction. The reduction methods and accompanying submittal requirements are outlined in this section. In all cases, a shared parking operations plan must be prepared to the satisfaction of the Borough Planner, Borough Engineer and the Zoning Officer showing that parking spaces most conveniently serve the land uses intended, directional signage is provided if appropriate, and pedestrian links are direct and clear. On-street parking spaces wholly adjacent to the property may be included in the required minimum. Three methods for determining a parking reduction are as follows:
1. 
Intermittent or Seasonal Nonconflicting Uses.
(a) 
When required parking reductions are predicted as a result of sharing between intermittent or seasonal uses with nonconflicting parking demands (e.g. a church and a bank), then the reduction can be considered for approval by the appropriate Board without demand calculations or a parking study. Individual spaces identified on a site plan for shared users shall not be shared by more than one user at the same time.
(b) 
If a privately owned parking facility is to serve two (2) or more separate properties, then a "Shared Parking Agreement" shall be filed with the Borough for consideration by the Board. Unless explicitly stated to the contrary, the property owner of the parking facility accepts responsibility for operating, maintaining and accepting liability for personal injury and property damage.
2. 
Parking Occupancy Rate Table.
(a) 
When the parking reduction has been shown to be feasible by using the demand calculations as determined by Table 2 below, Parking Occupancy Rates, the applicant shall submit a parking demand summary sheet showing the process for calculating the reduction as outlined in this section.
(b) 
The minimum number of parking spaces that are to be provided and maintained for each use shall be determined based on standard methods for determining minimum parking supply at a particular site.
(c) 
The gross minimum number of parking spaces shall be multiplied by the "occupancy rate" as determined by a study of local conditions (or as found in Table 2), for each use for the weekday night, daytime and evening periods, and weekend night, daytime and evening periods respectively.
(d) 
The gross minimum numbers of parking spaces for each of the purposes referred to for each time period shall be added to produce the aggregate gross minimum numbers of parking spaces for each time period.
(e) 
The greatest of the aggregative gross minimum numbers of parking spaces for each period shall be determined.
TABLE 2
PARKING OCCUPANCY RATES
Uses
M-F
M-F
M-F
Sat. & Sun.
Sat. & Sun.
Sat. & Sun.
8 am-5 pm
6 pm-12 am
12 am-6 am
8 am-5 pm
6 pm-12 am
12 am-6 am
Residential
60%
100%
100%
80%
100%
100%
Office/Warehouse/ Industrial
100%
20%
5%
5%
5%
5%
Commercial
90%
80%
5%
100%
70%
5%
Hotel
70%
100%
100%
70%
100%
100%
Restaurant
70%
100%
10%
70%
100%
20%
Movie Theater
40%
80%
10%
80%
100%
10%
Entertainment
40%
100%
10%
80%
100%
50%
Conference/Convention
100%
100%
5%
100%
100%
5%
Institutional (non-church)
100%
20%
5%
10%
10%
5%
Institutional (church)
10%
5%
5%
100%
50%
5%
a. 
Permitted Uses. See the Schedule of Permitted Uses in subsection 22-4.4.
b. 
Bulk Requirements. See the Schedule of Bulk Zoning Requirements in subsection 22-4.5.
c. 
Parking Requirements. See the Schedule of Parking Requirements in subsection 22-4.6.
d. 
Supplemental Use Regulations. See supplemental use regulations in subsection 22-23.9.
a. 
Permitted Uses. See the Schedule of Permitted Uses in subsection 22-4.4.
b. 
Bulk Requirements. See the Schedule of Bulk Zoning Requirements in subsection 22-4.5.
c. 
Parking Requirements. See the Schedule of Parking Requirements in subsection 22-4.6.
d. 
Supplemental Use Regulations. See supplemental use regulations in subsection 22-23.10.
a. 
Permitted Uses. See the Schedule of Permitted Uses in subsection 22-4.4.
b. 
Bulk Requirements. See the Schedule of Bulk Zoning Requirements in subsection 22-4.5.
c. 
Parking Requirements. See the Schedule of Parking Requirements in subsection 22-4.6.
d. 
Supplemental Use Regulations. See supplemental use regulations in subsection 22-23.11.
a. 
Permitted Uses. See the Schedule of Permitted Uses in subsection 22-4.4.
b. 
Bulk Requirements. See the Schedule of Bulk Zoning Requirements in subsection 22-4.5.
c. 
Parking Requirements. See the Schedule of Parking Requirements in subsection 22-4.6.
a. 
Permitted Uses. See the Schedule of Permitted Uses in subsection 22-4.4.
b. 
Bulk Requirements. See the Schedule of Bulk Zoning Requirements in subsection 22-4.5.
c. 
Parking Requirements. See the Schedule of Parking Requirements in subsection 22-4.6.
a. 
Location. Parking is not permitted in front yards.
b. 
Cross Easements. Cross easements are permitted.
c. 
Off-Site Parking. Off-site parking is permitted within eight hundred (800) feet of the subject property.
d. 
Parking. Parking requirements shall be as provided in the Schedule of Parking Requirements, adopted in subsection 22-4.6.
e. 
(Reduction in) Cumulative Parking Requirements. Cumulative parking requirements for mixed-use occupancies or shared facilities may be reduced where it can be determined that the peak requirements of the several occupancies occur at different times (either daily or seasonally). The submittal requirements for a parking reduction request vary according to the method used to determine the parking reduction. The reduction methods and accompanying submittal requirements are outlined in this section. In all cases, a shared parking operations plan must be prepared to the satisfaction of the Department of Planning showing that parking spaces most conveniently serve the land uses intended, directional signage is provided if appropriate, and pedestrian links are direct and clear. On-street parking spaces wholly adjacent to the property may be included in the required minimum. Three (3) methods for determining a parking reduction are as follows:
1. 
Intermittent or Seasonal Nonconflicting Uses.
(a) 
When required parking reductions are predicted as a result of sharing between intermittent or seasonal uses with nonconflicting parking demands (e.g. a church and a bank), then the reduction can be considered for approval by the appropriate Board without demand calculations or a parking study. Individual spaces identified on a site plan for shared users shall not be shared by more than one user at the same time.
(b) 
If a privately owned parking facility is to serve two (2) or more separate properties, then a "Shared Parking Agreement" shall be filed with the Borough for consideration by the Board. Unless explicitly stated to the contrary, the property owner of the parking facility accepts responsibility for operating, maintaining and accepting liability for personal injury and property damage.
2. 
Parking Occupancy Rate Table.
(a) 
When the parking reduction has been shown to be feasible by using the demand calculations as determined by Table 1 below, Parking Occupancy Rates, the applicant shall submit a parking demand summary sheet showing the process for calculating the reduction as outlined in this section.
(b) 
The minimum number of parking spaces that are to be provided and maintained for each use shall be determined based on standard methods for determining minimum parking supply at a particular site.
(c) 
The gross minimum number of parking spaces shall be multiplied by the "occupancy rate" as determined by a study of local conditions (or as found in Table 1), for each use for the weekday night, daytime and evening periods, and weekend night, daytime and evening periods respectively.
(d) 
The gross minimum numbers of parking spaces for each of the purposes referred to for each time period shall be added to produce the aggregate gross minimum numbers of parking spaces for each time period.
(e) 
The greatest of the aggregative gross minimum numbers of parking spaces for each period shall be determined.
TABLE 1
PARKING OCCUPANCY RATES
Uses
M-F
M-F
M-F
Sat. & Sun.
Sat. & Sun.
Sat. & Sun.
8 am-5 pm
6 pm-12 am
12 am-6 am
8 am-5 pm
6 pm-12 am
12 am-6 am
Residential
60%
100%
100%
80%
100%
100%
Office/Warehouse/ Industrial
100%
20%
5%
5%
5%
5%
Commercial
90%
80%
5%
100%
70%
5%
Hotel
70%
100%
100%
70%
100%
100%
Restaurant
70%
100%
10%
70%
100%
20%
Movie Theater
40%
80%
10%
80%
100%
10%
Entertainment
40%
100%
10%
80%
100%
50%
Conference/Convention
100%
100%
5%
100%
100%
5%
Institutional (non-church)
100%
20%
5%
10%
10%
5%
Institutional (church)
10%
5%
5%
100%
50%
5%
*Previously the Planned Unit Development District
a. 
Mixed-Use Development (MXD) Standards of Development.
1. 
Purpose. The purpose of these MXD standards of development is to acknowledge the existing educational facility and other accessory uses and permits the development of a mixture of uses planned and designed as mixed-use developments. The purpose of these MXD standards of development is to provide a flexible regulatory approach to promote development which will enhance the identity of the area situated in the vicinity of Squirrelwood Road and Garden Avenue. The intent of these standards is to allow a concentration of certain educational and related activities, office uses, hotel/conference center/banquet facilities, CCRC/Assisted Living/Nursing Home and other complementary uses that are compatible within the context of a mixed-use development; and to enhance the area by defining its functional role in the community with an appropriate mixture of activities to foster an efficient and attractive design.
2. 
Objectives. The MXD standards of development seek to achieve the following:
(a) 
A development pattern in harmony with the goals and objectives of the Borough Master Plan to guide its growth and development.
(b) 
A more desirable environment than would be possible through the strict application of other land use and development regulations of the Borough.
(c) 
A creative use of land and related physical development, including access to an interchange on the Interstate Highway System, and which allows an orderly transition from one land use to another.
(d) 
To encourage coordination of public and private procedures and activities shaping land development, including such elements as the placement of streets, utilities and open space, with a view of lessening the cost of such development and the more efficient use of land.
(e) 
Diversification in the uses permitted and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived as cohesive united projects.
(f) 
High standards of site and building design, through the use of trained and experienced land planners, architects, landscape architects and engineers to the end that the type, design and layout of the mixed use development may be substantially and efficiently related to the particular site and its environs.
(g) 
The preservation and enhancement of desirable natural site characteristics, including environmental and ecological systems and amenities and maintenance of natural vegetation.
(h) 
The preservation of and provision for, the functional and beneficial use of natural and landscaped open areas.
(i) 
Attractive and efficient commercial development to enhance the economic well-being of the Borough without unnecessary or undue disruption of its residential areas.
(j) 
Efficient and comprehensive traffic planning and the timely implementation of needed traffic improvements so as to minimize impacts of development in the surrounding area.
(k) 
To ensure adequate provision of surface water drainage by requiring comprehensive plans for same at the time of preliminary site plan approval as to not adversely affect the surrounding community or the reservoir.
3. 
Definitions. As used in this section governing MXD standards of development, the following terms shall be defined as indicated below:
(a) 
Mixed Use Development (MXD) shall be defined and characterized by significant functional and physical integration of multiple principal uses on the same lot or tract as a part of any such development.
(b) 
Permitted uses are classified as either principal or accessory, whereby a "principal use" shall be defined as a primary or predominant use of a lot or structure and an "accessory use" is a use which is customarily incidental to the principal use.
(c) 
Postsecondary educational facility shall mean any school and/or educational facility of higher learning that is licensed by the State and authorized to provide instruction in postsecondary education programs consisting of formal instructional programs with a curriculum designed primarily for students who have completed the requirements for a high school diploma or equivalent. This includes primarily programs of an academic, vocational, and continuing professional education purpose. For the purpose of these MXD standards, the term "college" shall be synonymous with "postsecondary educational facility."
(d) 
CCRC/assisted living residence/nursing home; continuing care retirement facility and assisted living residence shall be defined as set forth in N.J.A.C. 8:36-1.3. A Nursing Home shall be defined as a facility providing "nursing home-level care" as defined in N.J.A.C. 8:36-1.3.
(e) 
Dormitory shall mean a building used as group living quarters as an accessory use to a postsecondary educational facility, college, university, convent, monastery or similar institutional use.
4. 
Use Regulations and Supplementary Requirements.
(a) 
The following principal uses shall be permitted:
(1) 
Postsecondary educational facilities.
(2) 
Offices. As used herein, the term "office" shall include the following types of office use such as:
[a] 
Professional and business offices;
[b] 
Real estate and insurance;
[c] 
Securities and commodity brokerage;
[d] 
Holdings and investments;
[e] 
Consumer credit card reporting and collection;
[f] 
Business management consulting;
[g] 
Medicine and dentistry;
[h] 
Architecture, engineering, law, and planning;
[i] 
Accounting and bookkeeping;
[j] 
Research and development facilities that do not include any activities involving animal testing or development of or experimentation with toxic or hazardous agents or substances; and
[k] 
Corporate or regional headquarters.
(3) 
Business establishments and other commercial enterprises such as:
[a] 
Bank and savings and loan commercial offices, whereby retail offices are excluded.
[b] 
Advertising agencies.
[c] 
News media offices or bureaus (not including transmitter towers).
[d] 
Employment offices.
[e] 
Medical and dental laboratories.
[f] 
Detective and protective services.
[g] 
Data processing centers.
[h] 
Business archives.
[i] 
Sales and administrative headquarters,
[j] 
Child care centers.
(4) 
Continuing care retirement community/assisted living residence/nursing home.
(5) 
Hotel/conference center/banquet/catering hall, whereby one (1) hotel/conference center and one (1) banquet/catering hall or (1) integrated hotel and conference center/catering hall, will be permitted within the MXD tract. The maximum number of hotel rooms equals one hundred fifty (150), the maximum number of accessory restaurant seats equals one hundred (100) and the maximum number of banquet/catering hall seats equals eight hundred (800).
(6) 
Single-family dwellings, subject to the following:
[a] 
Existing single-family dwellings shall be regulated in accordance with regulations included in this chapter of the Borough of Woodland Park as are applicable to the Residential "B" Zone. The Residential "B" Zone requirements shall prevail over any conflicting MXD standard of development.
[b] 
New lots for single-family dwellings may be created in accordance with regulations applicable to the Residential "B" Zone further provided that such residential lots shall be part of a subdivision that consists of a minimum contiguous lot area of two (2) acres. The Residential "B" Zone requirements shall prevail over any conflicting MXD standard of development.
(b) 
Multiple Principal Uses. Notwithstanding any provision of the subsection to the contrary, multiple principal uses are permitted on a single lot within a MXD tract.
(c) 
The following accessory uses shall be permitted in affiliation with a postsecondary educational facility located in the MXD tract:
(1) 
Administrative facilities.
(2) 
Classrooms.
(3) 
Gymnasium.
(4) 
Libraries.
(5) 
Outdoor recreational facilities.
(6) 
Auditorium.
(7) 
College housing, whereby all college housing will be restricted for individual registered students enrolled on a full-time basis (at least twelve (12) credits per semester), individual faculty and individual staff of any college which is located within the MXD tract, except that students from educational institutions other than those attending the college may occupy up to fifty (50%) percent of this housing during the first three (3) years after a housing structure is first occupied, so long as no children reside in the housing, and so long as only students, faculty and staff of any college within the MXD tract reside in the housing beginning three (3) years after a structure is first occupied. A maximum of an additional two hundred seventy-five (275) beds will be permitted collectively, in addition to the one hundred ten (110) existing beds in the existing college housing, in no more than two (2) new buildings and/or an addition to an existing building. Further, a second housing structure cannot be constructed until the first structure is fully occupied by students attending any college which is within the MXD tract. The college housing shall be for individual students enrolled on a full-time basis (at least twelve (12) credits per semester), individual faculty and individual staff members, and shall be designed to function as dormitories, and shall not be dwelling units designed to be occupied by one or more persons functioning as a household.
(8) 
Cafeteria. The hours of operation will be from 7:00 a.m. until 10:00 p.m. However, hours may be extended during examination periods.
(9) 
Bookstore.
(10) 
Office-related services, collectively limited to ten (10%) percent of the total square feet of the building in which it is located, such as:
[a] 
Health facilities and private clubs.
[b] 
Pharmacies.
[c] 
Newsstands and other small vendors.
(d) 
Restaurant Use. Restaurants may only be permitted as an accessory use in the MXD tract and may provide for a capacity of up to one hundred (100) seats. Hours of operation, will allow the restaurant to open at 7:00 a.m. and close at 10:00 p.m.
5. 
Bulk (Zoning) Regulations. The following standards are deemed zoning regulations (pursuant to N.J.S.A. 40:55D-65) whereby any deviation thereof shall require variance relief pursuant to N.J.S.A. 40:55D-70:
(a) 
No less than twenty-five (25%) percent of the entire acreage of the MXD tract shall be developed as and affiliated with a postsecondary educational facility in accordance with the following standards:
(1) 
If the land for the educational facility is subdivided, the individual lots may be contiguous or noncontiguous; and,
(2) 
Subdivided lots may be developed with a principal use(s), accessory use(s) or any combination thereof.
(b) 
Individual development lots may be created within the MXD tract, provided that each new lot is not less than two (2) acres in area. If any lot(s) of the MXD tract is not under common and/or contiguous ownership, the total area of the MXD tract will be used to determine compliance with any provision(s) of this subsection that is specifically related to the MXD tract as a whole.
(c) 
Minimum open space. Land area equal to a minimum of fifty (50%) percent of the total area of the MXD tract shall be permanently preserved for open space. The open space shall consist of all areas which are pervious, including, as may be further regulated herein, natural areas whenever possible and/or landscaping comprised of a mixture of grass, shrubs, shade trees, and other typical landscaping vegetation. It shall also include the area consumed by outdoor courtyards situated in a college campus setting, provided that such outdoor courtyards are surfaced with dry-laid brick pavers, hardscape or similar material. However, no more than fifty (50%) percent of such outdoor courtyards shall count toward this open space requirement for the MXD tract.
(1) 
All areas of land within the MXD tract shall be eligible as open space and, if preserved as open space, may be devoted, but shall not be required to be devoted, to one (1) or more of the following open land uses: parks or playgrounds, woodland conservation areas, pedestrian walkways, courtyards, bicycle paths, and bridle trails, stream preservation, and watershed protection or flood control areas. The applicant shall clearly identify all open space areas and their proposed land uses.
(2) 
Land utilized for street rights-of-way, driveways, parking areas, courtyards, utility stations, and loading areas shall not be included as part of any above-referenced minimum (fifty (50%) percent) open space set aside, except for outdoor courtyards situated in a college campus setting, which are to be considered open space provided the above-referenced criteria in paragraph a6(c) is met.
(3) 
An application for an individual component of the MXD tract will be deemed to have satisfied the open space requirements of this paragraph a6(c) even if the application is related only to a portion of an MXD tract or a particular lot(s) within an MXD tract, and even if that particular portion or lot(s) is no longer under common ownership with other portions of the MXD tract, or will no longer be under common ownership if the application is approved, so long as the MXD tract, taken as a whole, will continue to satisfy the open space requirements if the application is approved.
(d) 
Maximum Impervious Coverage. The maximum impervious coverage shall not exceed fifty (50%) percent of the lot area of the MXD tract.
(e) 
Setback Requirements.
(1) 
No building or structured parking garage shall be constructed within seventy-five (75) feet of any MXD tract line or public road, inclusive of any required buffer.
(2) 
No parking stalls, parking areas or associated driveways shall be located within fifty (50) feet of a County road, nor within twenty-five (25) feet of any other MXD tract boundary.
(f) 
Height Limitations.
(1) 
For all principal structures the maximum number of stories shall be no greater than six (6) stories, not to exceed a height of ninety (90) feet above the average finished ground elevation at the perimeter of the building.
(2) 
For structured parking garages not related to a hotel/conference center, the maximum number of stories shall be no greater than four (4) stories, not to exceed a height of sixty (60) feet above the average finished ground elevation at the perimeter of the building or structure.
(3) 
For structured parking garages related to a hotel/conference center, the maximum number of stories shall be no greater than six (6) stories, not to exceed a height of sixty (60) feet above the average finished ground elevation at the perimeter of the building or structure.
(g) 
Minimum Number of Required Parking Spaces. Off-street parking shall be provided for all uses of land in accordance with the following requirements:
(1) 
Educational Uses.
[a] 
One (1) space for each three hundred (300) square feet of administrative or general office space; plus,
[b] 
One-half (0.50) parking space for each enrolled day student at the college.
(2) 
Office Uses. One (1) parking space for each two hundred fifty (250) square feet of floor area for professional office uses, financial institutions, commercial, or similar uses as set forth in list of permitted uses, with the exception of day care facilities.
(3) 
Child Care Center Uses. One (1) space for each employee, plus one (1) space for each one thousand five hundred (1,500) gross square feet of floor area.
(4) 
Hotel/Conference Center. One and one-fifth (1.20) spaces for each hotel room plus one (1) space for every two hundred (200) square feet of public meeting area (conference center).
(5) 
Banquet Hall/Accessory Restaurant/Catering Facility. One (1) space for every two and one-half (2.5) seats.
(6) 
CCRC/Assisted Living/Nursing Home. One-half (0.5) space per bed.
(7) 
Shared Parking. When an applicant can document distinctly different parking patterns for certain mixed uses permitted pursuant to this subsection, the Planning Board may approve a shared parking arrangement which would reduce the total number of parking spaces otherwise required in accordance with this subsection.
(h) 
Off-Street Loading Requirement. Every nonresidential structure or building containing at least ten thousand (10,000) square feet or more of gross floor area shall provide one (1) off-street loading space either within the structure, outside the structure or partially within and partially outside the structure.
(1) 
Each loading space shall be a minimum of ten (10) feet in width, forty (40) feet in length, and have an unobstructed height of fourteen (14) feet.
(2) 
Off-street loading spaces shall be provided in sufficient number to avoid undue loading and reloading in public use areas.
6. 
Design Standards. Subdivision and site plan applications shall be in accordance with all of the following design standards, except that the Board of Jurisdiction, at its discretion and for documented reasons as supported by credible testimony, may waive or modify any of the following design criteria or standards:
(a) 
Facilities for Pedestrians and Vehicles.
(1) 
Pedestrian sidewalks and amenities shall be provided in such locations, including entrances, exits and activity nodes where normal pedestrian traffic will occur. Granite (Belgian) block curbs and gutters or combination curb and gutter as directed by the approving authority shall be installed along all edges of pavement. Granite block stones shall have a minimum of ten (10) inch vertical length and constructed to show a vertical face of six (6) inches above the roadway pavement. The stones shall be set in 4000 psi concrete with a combined block/concrete base vertical dimension of eighteen (18) inches. A minimum concrete thickness of six (6) inches must be in front and in rear of the stone(s). Joints must be approximately one-half (1/2) inch to three-fourths (3/4) inch wide (maximum) and pointed with 1:2 cement and mortar.
(2) 
Handicapped parking and handicapped-access to all pedestrian areas shall be provided as required by Federal standards. Curbing abutting sidewalks shall be depressed and shall be designed to provide barrier-free curb ramps constructed in accordance with the Americans with Disabilities Act.
(3) 
Access to off-street or deck parking shall not be through entrances directly abutting public streets, but shall be connected to private streets by means of access driveways situated between the parking areas and private streets, not less than fifteen (15) feet long.
(4) 
Sidewalks shall be required along both sides of a street unless waived by the approving authority. Exceptions may be permitted to preserve topographical or natural features, or to provide visual interest, or unless the Applicant shows that an alternative pedestrian system provides safe and convenient circulation. A minimum walkway width of four (4) feet, four (4) inches thick, set back minimally four (4) feet from the curbline, shall be constructed in accordance with the requirements of the Borough Engineer. Sidewalk shall be constructed of Class "B" concrete and in accordance with N.J.D.O.T. Standard Specifications for Road and Bridge Constructions in effect at the time of construction.
(b) 
Streets.
(1) 
All roadways shall be paved, bounded by permanent curbing and constructed in accordance with applicable provisions of the Borough Code. Roadways within the jurisdiction of the Borough shall have a minimum R.O.W. width of fifty (50) feet measured from lot line to lot line and shall be constructed in accordance with the standard specifications of the New Jersey Department of Transportation. Pavement sections shall consist of the following:
[a] 
Dense Graded Aggregate Subbase: six (6) inches compacted thickness;
[b] 
Bituminous Stabilized Base Course, Mix I-2: four (4) inches compacted thickness; and,
[c] 
FABC Surface Course, Mix I-5: two (2) inches compacted thickness.
[d] 
Further note that pavement section depths as enumerated herein may be reduced providing that proper engineering design/analysis and supporting calculations are provided by a certified pavement design firm and approved by the Borough Engineer.
(2) 
Internal private roadways shall be at least twenty-four (24) feet in width for two-way traffic and twelve (12) feet in width for one-way traffic and shall enter a public street at an intersection or more than one hundred fifty (150) feet from an existing intersection. Other than at such an intersection, the physical centerline distance between the private roadway and the nearest intersection shall be a minimum of two hundred (200) feet. Parking on internal roadways shall be prohibited.
(3) 
Street intersections with public streets shall be at right angles with other roadways or within acceptable intersection design standards approved/ recommended by NJDOT, AASHTO and ITE.
(4) 
Grades of streets shall not exceed twelve (12%) percent. No street shall have a minimum grade of less than one (1%) percent or as approved by the Planning Board.
(5) 
Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall be prohibited.
(6) 
A tangent at least one hundred (100) feet long shall be introduced between reverse curves on private streets.
(7) 
All changes in grade shall be connected by vertical curves and shall provide a smooth transition and proper sight distance.
(c) 
Stormwater Management. All applicable developments (residential and nonresidential) must comply with the Borough's Municipal Stormwater Management Plan (MSWMP) and the New Jersey Pollutant Discharge Elimination System (NJPDES) stormwater rules, both of which address stormwater-related impacts. It is the Borough's intent to minimize the adverse impact of stormwater runoff on water quality and water quantity and the loss of groundwater recharge that provides base flow in receiving water bodies.
(d) 
Buffer Area and Minimum Green Area.
(1) 
A buffer strip consisting of a combination of grass and shrubs/trees, with a minimum width of twenty-five (25) feet, shall be provided along all public streets and a buffer strip of a minimum width of eight (8) feet shall be provided along all private streets.
(2) 
All public street edges must be landscaped with a minimum of street trees of two (2) inches caliper every forty (40) feet. Trees of this size shall also be planted to assist in screening new buildings or parking from nearby residences.
(3) 
The landscaped portion of the MXD tract not used for structures, roadways, loading access-ways, parking, or pedestrian walks must screen new buildings and parking on the tract so that new development on the tract does not result in an increase in light or noise beyond the MXD tract in excess of applicable limits.
(4) 
Any buffer strip required by this subsection may be provided within the setback requirement as set forth in any other subsection of this section.
(e) 
Parking Facilities.
(1) 
Standard car parking stall dimension shall be nine (9) feet wide by eighteen (18) feet in depth.
(2) 
All parking spaces shall be provided with aisles and driveways giving access thereto, which shall be paved, drained, and maintained in a good usable condition, and have a minimum dimensional width of twenty-four (24) feet for ninety (90) degree head-on parking, and two-way aisles. Aisles' width shall be reduced in accordance with generally accepted traffic engineering standards where one-way aisle or angled parking is utilized.
(3) 
Structured parking garages are permitted to be provided either as a separate structure/building, or underground underneath a principal building. Parking garages shall comply with the height requirements set forth in the MXD zoning regulations as applicable to structure parking garages. The facade of a parking garage structure shall primarily consist of the same exterior building materials that are used as the veneer of the principal building.
(4) 
Parking lots having more than one hundred (100) spaces shall have a minimum of two (2) means of ingress and egress, to be provided with a divided-type entrance.
(5) 
Parking spaces shall not project beyond any required yard setback. Open parking areas should be set back from buildings a minimum of twenty (20) feet.
(6) 
Exclusive of the required buffer at the public and private streets, a minimum of five (5%) percent of the required parking surface shall be landscaped with a combination of grass, shrubs, and shade trees. Such landscaped area shall be computed as part of the minimum required open space for an MXD tract.
7. 
Miscellaneous Provisions and General Guidelines.
(a) 
Development applications in the MXD tract shall include an environmental impact statement in compliance with Section 22-30.
(b) 
Provisions made within any planned development for open space areas shall be reviewed, found adequate, and approved by the Planning Board. In its review, the Planning Board shall investigate the size of the parcel(s) devoted to open space, their location in relation to the project, the topography, the uses contemplated upon such open space, configurations of the parcels under consideration, facilities and improvements to be provided, the provisions made for maintenance and access to said parcels or facilities as applicable, traffic flows to and around said parcels, the ecological impacts of their placement, development and use, and the staging or timing of the open space relative to the staging of the development of the project, if such staging is proposed.
(c) 
The Planning Board shall make detailed findings concerning the adequacy or inadequacy of the aforesaid items to be reviewed in determining their conformity with the provisions of this chapter, the adopted Borough Master Plan and subsequent Master Plan Re-examinations, and any other plans or regulations applicable or relevant to the lands involved. The provisions made shall be deemed adequate if the Board determines that:
(1) 
The topography and environmental character of the land is suitable for the open space uses proposed, and the open space uses will not cause unreasonable adverse impacts to the ecology of the area incapable of being mitigated.
(2) 
The open space areas are conveniently and appropriately set aside or designed with regard to the project's pedestrian and vehicular traffic patterns, to provide adequate access to, in, around, and from the areas and uses proposed.
(3) 
While nothing herein contained shall be deemed to require that, as a condition of development approval, a developer must make available lands for public use that are proposed for open space, the Borough may, at any time and from time to time, accept the dedication of the land(s) or any interest therein for public use and maintenance where a free and non-coerced offer is made by the developer or owners of the land(s).
(d) 
In addition to all regulations herein contained in this subsection, development applications shall also require the Planning Board to find that the proposed development, its design and layout, and its size shall be such that it achieves a reasonable balance in the use of land, preservation of open space, and good development design principles and techniques.
(e) 
Application for preliminary site plan and subdivision approvals may be made in stages by different applicants and shall be subject to review under all applicable law as independent projects.
(f) 
Utilities. All on-site utilities constructed to serve the Mixed Use Development inclusive of sewer, water, electric, gas, telephone, fire alarms, and cable television service shall be provided by the developer in concert with the appropriate public utility providing such service and shall be installed underground. The developer of an MXD tract will be required to pay for off-tract utility improvements that are required to develop the said property, with such costs incurred as the MXD tract is developed and determined in accordance with N.J.S.A. 40:55D-42 of the Municipal Land Use Law and the advice of the appropriate professionals.
(g) 
Proposed Construction. Subject to the provisions hereof, all necessary on-site and off-site improvements related to said construction on an MXD tract shall be proportionally constructed as functionally necessary for each phase of construction.
(h) 
Private Streets. Private streets shall be permitted in the MXD Zone and it shall not be a bar to the subdivision of a lot or parcel within an MXD tract that the lot or parcel does not abut a public street, provided, however, that the lot or parcel must have legal access to a public street by virtue of a private street. Private streets shall comply with all construction standards applicable to similar public streets, unless the Board determines that special circumstances relating to the use or location of the street justify a variation. Other standards related to private streets, including but not limited to street width, shall be governed by the provisions of subsection 22-22.1a7(b) herein. All roadways on this tract will be subject to the application of all parking and motor vehicle laws and ordinances of the State of New Jersey (N.J.S.A. 39:1-1 et seq.) and the Borough of Woodland Park.
a. 
Accessory Structures. Accessory structures are permitted in conjunction with single- and two-family homes, provided they meet a five (5') foot setback from all property lines and do not exceed fifteen (15') feet in height.
a. 
Spacing between buildings: there shall be a minimum open space of at least twenty-five (25) feet between buildings.
b. 
Each apartment unit in each apartment building shall contain separate bedroom, separate bathroom, separate living room and separate kitchen facilities, which kitchen facilities shall be located separate and apart from other rooms. A bedroom shall be construed as any separate room other than a dining room, living room, kitchen or bathroom. Each garden apartment development shall have at least seventy-five (75%) percent of the dwelling units thereof as one-bedroom units and not more than twenty-five (25%) percent as two-bedroom units. Only one-bedroom and two-bedroom units shall be permitted. It shall be the obligation of the lessor to restrict all tenants to the use of the individual rooms for the designed and intended purposes. One-bedroom units shall not be less than seven hundred fifty (750) square feet of living area and the two-bedroom units shall have no less than nine hundred (900) square feet of living area.
c. 
Accessory building Setback: ten (10) feet
d. 
Anything hereinabove to the contrary notwithstanding, the Planning Board may require that any building be set back up to a maximum of two hundred (200) feet from any contiguous property wherein in the opinion of the planning board such setback is desirable because of the development of or structures upon such contiguous property.
e. 
Entrances and exits, driveway and parking areas shall be designed to minimize congestion and hazards on the apartment grounds and on abutting intersections.
f. 
All areas of a garden apartment development not used for the construction of buildings, roads, access ways, recreation areas, parking areas or sidewalks shall be fully landscaped.
g. 
Three hundred fifty (350) cubic feet of basement storage area shall be provided for each garden apartment unit in the building.
h. 
No garden apartment or garden type apartment or multiple dwelling of any type of nature shall be permitted unless provision shall be made for a superintendent to live upon the premises. The superintendent herein required shall have as his full-time job and occupation the care, supervision and maintenance of the garden apartment project at which he is employed.
i. 
The foregoing shall be construed to require the employment of the superintendent at all times during which the garden apartment is in use as a multiple dwelling.
j. 
All staircases shall be interior and no exterior staircases shall be permitted.
k. 
Twenty-five (25%) percent of off-street parking spaces shall be under cover.
l. 
There shall be a minimum of four hundred fifty (450) square feet of active or passive recreation area for each apartment unit.
m. 
All building, hallways and parking areas shall be lighted in accordance with current and accepted standards.
n. 
Sanitary sewers, storm sewers and water facilities shall be connected to public lines.
o. 
No air-conditioning unit shall be permitted if it projects more than six (6) inches from the face of the- wall of the building in which it is installed.
p. 
The applicant shall make and submit proof of provisions for garbage, trash and litter removal services by private contractors in accordance with all rules and regulations established by the Municipal Board of Health.
q. 
The Planning Board may impose such additional requirements or restrictions as it reasonably deems necessary or required and in the best interests of the community.
r. 
The number of permits to be issued in any calendar year shall be limited to three hundred (300) apartment units.
a. 
The maximum length of any building shall not exceed one hundred sixty (160) feet.
b. 
Building setbacks:
1. 
Side-to-side: thirty (30) feet between building ends,
2. 
Rear to rear: fifty (50) feet
3. 
Front-to-front: seventy-five (75) feet
c. 
Accessory Structure Setback: Ten (10) feet from any townhouse structure.
d. 
Entrances and exits, driveway and parking areas shall be designed to minimize congestion and hazards on the site and on abutting intersections. Roadways shall not exceed a grade of ten (10%) percent and parking areas and drives shall not exceed a grade of five (5%) percent.
e. 
All areas of a townhouse development not used for the construction of buildings, roads, access ways, recreation areas, parking areas, or sidewalks shall be fully landscaped. To the extent practicable, areas shall be left in their natural state.
f. 
All staircases shall be interior and no exterior staircases shall be permitted.
g. 
There shall be a minimum of six (6%) percent of the total site area developed for active or passive recreation for each townhouse project.
h. 
All buildings, hallways and parking areas shall be lighted in accordance with current and accepted standards.
i. 
Sanitary sewers, storm sewers and water facilities shall be connected to public facilities.
j. 
Internal streets shall have a minimum pavement width of twenty-eight (28) feet and shall be provided with curbing.
k. 
The applicant shall make and submit proof of provisions for garbage, trash and litter removal services by private contractors in accordance with all rules and regulations established by municipal Board of Health. Provisions shall be made for the collection of garbage and trash, and such facilities shall be visually screened through the use of landscaping and/or architectural treatment.
l. 
Provision shall be made on site for the storage of materials and maintenance equipment.
m. 
No extension antennas shall be placed on any building.
n. 
All water shall be common to the development and hose bibs shall be provided on the four (4) principal sides of each building.
o. 
Buffer requirements: A fence (of a design to be approved by the Planning Board) shall be located five (5) feet from all adjacent lot lines on which residential development has occurred or which is zoned for residential purposes. Landscaping within the five (5) feet area lying between such fence and the adjacent property line as well as within the remaining buffer area lying between the townhouse structures and the fence shall be provided. All such landscaping shall be required to be approved as to design by the Planning Board as a part of a site plan review.
a. 
Requirements.
1. 
Finished walk-out basements and garages below grade shall be permitted. In addition, where required by reason of the slope of the property, such basements and garages, which may be directly accessible to the exterior side or back of the building, shall not exceed ten (10) feet in height. Such height and story provision shall not be counted in the height and story limitation herein expressed.
2. 
Maximum building length: one hundred eighty (180) feet. There shall be a minimum of three (3) horizontal breaks in the facade that vary the setback by a minimum of two (2) feet.
3. 
Dwelling unit width: No dwelling unit shall be less than twenty-five (25) feet in width.
4. 
Number of dwelling units per building: No building shall consist of more than six (6) separate dwelling units.
5. 
Recreation Space: There shall be a minimum outdoor active or passive recreation space of at least one-half (1/2) acre for each fifteen (15) acres of site area.
6. 
Relationship of Buildings to One Another: The minimum distance between buildings shall be in accordance with the schedule below.
(a)
Front to front
75 feet
(b)
Front to side
40 feet
(c)
Front to rear
40 feet
(d)
Side to side
30 feet
(e)
Side to rear
40 feet
(f)
Rear to rear
50 feet
(g)
Accessory structure to principal building
25 feet
(h)
Building face to private street cartway
25 feet
(i)
Building face to public street cartway
40 feet
(j)
Building face to common parking area
10 feet
(k)
Building rear to external property line
35 feet
7. 
Setback from Single-Family Residential. No structure shall be constructed closer than thirty-five (35) feet to the property line of an existing single-family residence zone.
8. 
Storage required. Where a unit's garage is counted toward off-street parking, that unit shall provide a separately designated storage area of a minimum of thirty (30) square feet in either the basement or garage of the unit.
9. 
Entrances and exits, driveway and parking areas shall be designed to minimize congestion and hazards on the site and on abutting intersections. Driveways shall not exceed a grade of ten (10%) percent provided, entrance, exit and main drives shall not exceed minimum and maximum grades as established in the Residential Site Improvement Standards.
10. 
All areas not used for the construction of buildings, roads, access ways, recreation areas, parking areas, or sidewalks shall be landscaped. To the extent practicable, areas shall be left in their natural state.
11. 
Sanitary sewers, storm sewers and water facilities shall be connected to public facilities.
12. 
All private internal residential roads and streets shall have a minimum width of twenty-four (24) feet for two-way streets and fifteen (15) feet for one-way streets.
13. 
Subject to applicable State law, the applicant shall make and submit, prior to the granting of a Certificate of Occupancy, proof of provisions for garbage, trash and litter removal services by private contractors in accordance with all rules and regulations established by the Municipal Board of Health. Provisions shall be made for the collection of garbage and trash, and such facilities shall be visually screened through the use of landscaping and/or architectural treatment.
14. 
Buffer Area. Screening shall be provided to supplement existing natural vegetation consistent with the Borough's standards as set forth in Section 22-32, Landscaping and Screening, of the Zoning Chapter.
15. 
Parking shall be landscaped, screened, lighted and conveniently located within one hundred fifty (150) feet of the housing to be served.
16. 
Sidewalks at least four (4) feet wide shall be provided on at least one (1) side of all the streets in this zone.
b. 
Accessory Building Standards.
1. 
Accessory buildings shall meet the street and property line setbacks of principal buildings.
2. 
An accessory building shall be located at least twenty-five (25) feet from a principal building and at least fifteen (15) feet from another accessory building.
3. 
Swimming pools, tennis courts and other surfaced recreation facilities shall be at least twenty-five (25) feet from any property line.
4. 
The maximum height of any accessory building shall be twenty (20) feet.
5. 
No accessory building shall have a ground floor area exceeding two thousand five hundred (2,500) square feet.
[Ord. No. 99-6]
a. 
Requirements.
1. 
Residential structures with common building entrances and hallways providing access to individual dwelling units shall be permitted. Such structures shall not exceed four (4) habitable stories, exclusive of grade or below grade parking and storage areas, or sixty (60) feet. Residential buildings with more than two (2) habitable stories (exclusive of walkout basements) shall not constitute more than twenty-three (23%) percent of the total building coverage permitted within the development.
2. 
Finished walk-out basements and garages below grade shall be permitted. In addition, where required by reason of the slope of the property, such basements and garages, which may be directly accessible to the exterior side or back of the building, shall not exceed twelve (12) feet in height. Such height and story provision shall not be counted in the height and story limitation herein expressed. Such 1/2-story space below grade shall not be habitable.
3. 
Maximum length of building: two hundred (200) feet. For buildings exceeding one hundred fifty (150) feet in length, there shall be at least two (2) horizontal breaks in the facade that vary the setback by a minimum of four (4) feet.
4. 
Width of dwelling unit: No dwelling unit in buildings less than three (3) stories shall be less than twenty-five (25) feet in width as measured to the midpoint of the demising wall.
5. 
Recreation Space: There shall be a minimum indoor and outdoor active or passive recreation space of at least 0.75 acres for each fifteen (15) acres of site area. Buffer areas shall not be eligible as open space. The nature and design of said recreation facilities shall be responsive to the demographic and lifestyle needs of the residents therein. If the development is part of an integrated development in more than one (1) municipality, this requirement shall be deemed satisfied if the overall development meets this standard.
6. 
Storage. Each two- to three-story dwelling unit shall provide a minimum of thirty (30) square feet of storage area independent of the garage area. Each four-story dwelling unit shall have a minimum of twenty (20) square feet of storage area.
b. 
Relationship of Buildings to One Another.
1. 
The minimum distance between buildings shall be in accordance with the schedule below. In no event shall any structure be constructed closer than fifty (50) feet to a residential zoned property line and forty (40) feet to any other property line.
Up to 3 Stories
4 Stories
Front to front
55 feet
80 feet
Front to side
30 feet
45 feet
Front to rear
40 feet
50 feet
Side to side
30 feet
40 feet
Side to rear
40 feet
50 feet
Rear to rear
40 feet
60 feet
Accessory structure to principal building
25 feet
25 feet
Building front face to private street
15 feet
30 feet
Building front face to public street
40 feet
60 feet
Building front face to common parking area
15 feet
20 feet
Building rear to external property line
40 feet
50 feet
Garage face to back of sidewalk or curb
20 feet
2. 
Where a development in this district is included as part of an integrated development located in two (2) or more municipalities, no minimum setback shall be required between any principal building and the municipal boundary line. Instead, minimum building separations as set forth herein shall be maintained between the principal buildings located in this district and the nearest principal building located in the adjoining municipality.
3. 
Extensions into the required separations between buildings, and setbacks from buildings to streets, parking areas and external lines shall be permitted as follows:
(a) 
By eaves with an overhang of not more than two (2) feet;
(b) 
By rainwater leaders, window sills, chimneys and other such fixtures;
(c) 
By bay windows not more than twelve (12) feet wide and for a depth not to exceed two (2) feet;
(d) 
By an open porch or steps leading into the building, which shall not have any sidewall or other enclosure and may have a fixed roof, canopy or other covering, limited to the dimensions of the porch;
(e) 
By an area adjacent to a dwelling unit improved by concrete, bricks or other construction material for outdoor dining or other purposes accessory to the residential use of the dwelling unit, commonly known as a "patio," provided that the surface shall be not more than eighteen (18) inches above the ground level and that the improved area shall be without walls and railings, and shall be without a roof, canopy or other fixed covering.
c. 
Occupancy Restrictions.
1. 
"Fair Housing Act" shall mean the Fair Housing Act Amendments Act of 1988, P.L. 100-430 (September 13, 1988) and amendments thereto including, but not limited to, the Housing for Older Persons Act of 1995, P.L. 104-76 (December 1995), and any judicial or administrative interpretations or decisions affecting the legislation.
2. 
Age-qualified person shall mean an occupant of housing in the district who is age fifty-five (55) or older.
3. 
All housing within the district is subject to an age restriction whereby the homes are restricted to use and occupancy by (1) any age-qualified person; (2) a spouse or companion over the age of eighteen (18), residing with the age-qualified person or residing with the spouse or companion of the age-qualified person; (3) children residing with the age-qualified person, provided the children are of the age of eighteen (18) years or older; (4) an individual over the age of eighteen (18), residing with and providing physical or economic support to a permissible occupant; and (5) a surviving spouse, companion or children over the age of eighteen (18) of a deceased age-qualified person who was residing with such age-qualified person at the time of his/her death. In the discretion of the developer or the homeowners' association Board of Trustees, up to fifteen (15%) percent of the homes are permitted to be occupied by permanent residents all of whom are under the age of fifty-five (55), provided that at least one (1) of the residents is age forty-five (45) years or older, and none of the permanent residents is under the age of eighteen (18).
4. 
The foregoing restrictions are intended to qualify all housing within the district as "55 or Over Housing" under the "Housing for Older Persons" exemption of the Fair Housing Act.
5. 
The foregoing occupancy restrictions shall be set forth in a Master Deed or other recorded instrument applicable to all of the dwellings in the development, which shall be subject to review by the Borough Attorney for compliance with the above provisions. The Master Deed or other recorded instrument shall contain procedures governing the sale, transfer and rental of units within the district so that the developer and homeowners' association can enforce the occupancy restrictions set forth herein. The Master Deed or other recorded instrument may be recorded on a phased basis as long as the above occupancy restriction applies to every dwelling within the phase. The above occupancy restriction also shall be set forth or referred to in every deed conveyance to an individual dwelling unit in the development.
d. 
General Standards.
1. 
Entrance, exit and main drives shall have a minimum grade of one-half (0.5%) percent and a maximum grade of twelve (12%) percent. The maximum grade within fifty (50) feet of an intersection shall be five (5%) percent.
2. 
All areas of an Adult Residential Development not used for the construction of buildings, roads, access ways, recreation areas, parking areas, or sidewalks shall be landscaped except, however, for the cliff face and the areas at the top of the cliff along the western and northern boundaries of this district.
3. 
Sanitary sewers, storm sewers and water facilities shall be connected to public facilities.
4. 
The width of private internal streets shall be in accordance with the requirements of the New Jersey Residential Site Improvement Standards. Each main entrance shall be a minimum cartway forty-eight (48) feet in width, twenty-four (24) feet each way divided by a 12-foot landscaped median.
5. 
The applicant shall make and submit, prior to the granting of a Certificate of Occupancy, proof of provisions for garbage, trash and litter removal services by private contractors in accordance with all rules and regulations established by the Municipal Board of Health. Provisions shall be made for the collection of garbage and trash, and such facilities shall be visually screened through the use of landscaping and/or architectural treatment.
6. 
Landscaped buffer: A minimum of twenty-five (25) feet wide buffer shall be provided along all perimeter property lines with the following exceptions: (1) the cliff face and the top of the cliff along the western and northern boundaries of the district, and (2) areas along the municipal boundary line with the City of Clifton where the adjoining land in Clifton is part of the same integrated development. This buffer may be constructed within the required building setback area. Within this buffer area, the developer shall provide a planted screen. Screening shall be provided to supplement existing natural vegetation consistent with the Borough's standards or set forth in Section 22-32, Landscaping and Screening, and Section 22-33, Fences and Walls, of this Chapter XXII, Zoning.
7. 
Parking Areas:
(a) 
Parking shall be landscaped, screened, lighted and conveniently located within one hundred fifty (150) feet of the housing to be served with the exception of guest parking.
(b) 
Parking areas shall not exceed a grade of six (6%) percent.
8. 
Sidewalk Width: Four (4) feet minimum.
e. 
Accessory Building Standards.
1. 
Setbacks from property lines: Same setbacks as principal buildings.
2. 
Building Setbacks: An accessory building shall be located at least twenty-five (25) feet from a principal building and at least fifteen (15) feet from another accessory building.
3. 
Swimming pools, tennis courts and other surfaced recreation facilities shall be at least twenty-five (25) feet from any property line.
4. 
Maximum height: twenty (20) feet with the exception of clubhouse buildings.
5. 
Ground Floor Area: A maximum of two thousand five hundred (2,500) square feet is permitted, with the exception of clubhouse buildings.
6. 
Clubhouse building setbacks:
(a) 
Setback from property line - 50 feet
(b) 
Setback from internal roadway - 25 feet
(c) 
Setback from parking lot - 10 feet
(d) 
Height - 3 stories or 40 feet
(e) 
Building size - 35,000 square feet
f. 
Inclusionary Housing Obligation.
1. 
In accordance with the Housing Element of the Borough's Master Plan, the developer of the properties within the Adult Residential District has the obligation to provide affordable housing as detailed below:
2. 
All developments within the Adult Residential District shall include a set-aside of low- and moderate-income housing units. In recognition of the development difficulties associated with this district and the off-site infrastructure and utility improvements that will be necessary for development within this district, the set-aside shall be as set forth in the Housing Element and Fair Share Plan receiving substantive certification from the Council on Affordable Housing not to exceed fifteen (15%) percent of the total number of dwelling units receiving development approvals. This obligation shall be satisfied by constructing inclusionary units within the development, the funding of units through a regional contribution agreement (RCA), the funding of units to be rehabilitated pursuant to a municipally sponsored rehabilitation program, funding for a municipal housing trust fund, or a combination of the foregoing as may be selected by the Borough. The specific mix of the above alternatives shall be set forth in a written agreement between the Borough and the developer, which agreement shall, among other things, specify the amount and timing of any payments to be made by the developer in lieu of providing inclusionary dwelling units. If the Borough and the developer agree that the set-aside shall be satisfied, in whole or in part, by funding RCA or rehabilitated units or a municipal housing trust fund in lieu of providing inclusionary housing units, there shall be no reduction in the total number of units within the development and all inclusionary housing units being substituted by funded units may be replaced with market housing units.
g. 
Date of Effect.
1. 
This section shall take effect only after the New Jersey Council on Affordable Housing grants Substantive Certification to the Housing Element and Affordable Housing Fair Share Plan of the Borough of Woodland Park now pending before it. If New Jersey Council on Affordable Housing does not grant Substantive of Certification by December 31, 1999, this section shall not take effect and shall be null and void, and the property shall remain subject to its current zoning, Planned Unit Development. This section shall be published as required by law.
h. 
Affordable Housing Regulations.
1. 
Purpose. This subsection sets forth regulations regarding low- and moderate-income housing units that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994 and as amended on August 18, 1997 and any subsequent amendments by the New Jersey Council on Affordable Housing (COAH). These rules are pursuant to the Fair Housing Act of 1985 and Woodland Park's obligation to provide for its fair share of low- and moderate-income housing.
2. 
Distribution of Low and Moderate-Income Units.
(a) 
With the exception of inclusionary developments constructed pursuant to the four (4%) percent low-income tax credit regulations pursuant to the Internal Revenue Code Section 42[(b)4]h, the following conditions apply:
(1) 
At least half (1/2) of all affordable units within each inclusionary development shall be affordable to low-income households;
(2) 
At least half (1/2) of all affordable rental units within each inclusionary development shall be affordable to low-income households; and
(3) 
At least one-third (1/3) of all affordable units in each bedroom distribution (pursuant to N.J.A.C. 5:93-73) shall be affordable to low-income households.
(b) 
Bedroom Distribution. Inclusionary developments that are not age-restricted shall be structural so that:
(1) 
The combination of efficiency and one-bedroom units is at least ten (10%) percent and not greater than twenty (20%) percent of the total low- and moderate-income units;
(2) 
At least thirty (30%) percent of all low- and moderate-income units are two-bedroom units; and
(3) 
At least twenty (20%) percent of all low- and moderate-income units are three-bedroom units.
(4) 
Age restricted low- and moderate-income units may utilize a modified bedroom distribution. At a minimum, the number of bedrooms shall equal the number of age restricted low- and moderate-income units within the inclusionary development. The standard can be met by creating all one-bedroom units or by creating a two-bedroom unit for each efficiency unit. Applications to waive this standard shall be made in accordance with N.J.A.C. 5:93-15.
(c) 
Establishing Rents and Prices of Units.
(1) 
The following criteria shall be used in determining maximum rents and sale prices for low- and moderate-income housing units:
(i) 
Efficiency units shall be affordable to one (1) person households;
(ii) 
One-bedroom units shall be affordable to 1.5 person households;
(iii) 
Two-bedroom units shall be affordable to three (3) person households;
(iv) 
Three-bedroom units shall be affordable to 4.5 person households.
(2) 
Median income by household size shall be established by HUD. The maximum average rent and price of low- and moderate-income units within each inclusionary development shall be affordable to households earning fifty seven and one-half (57.5%) percent median income. Moderate-income sales units shall be available for at least three (3) different prices and low-income sales units shall be available for at least two (2) different prices.
(3) 
The initial price of low- and moderate-income owner-occupied single family housing unit shall be established so that after a down payment of five (5%) percent, the monthly principal interest, insurance, property taxes, and condominium or homeowner fees do not exceed twenty-eight (28%) percent of the eligible gross monthly income. Master deeds of inclusionary developments shall regulate condominium or homeowner association fees or special assessments of low- and moderate-income purchasers at a specific percentage of those paid by market purchasers.
(4) 
Gross rents, including an allowance for utilities, shall not exceed thirty (30%) percent of the gross monthly income of the appropriate household size.
(5) 
Low-income housing units shall be reserved for households with a gross household income less than or equal to fifty (50%) percent of the median income approved by the Council.
(6) 
Moderate-income housing units shall be reserved for households with gross household income less than eighty (80%) percent of the median income approved by the Council.
(d) 
Phasing of Lower Income Housing. Lower income housing shall be phased in accordance with the following schedule.
Minimum Percentage of Low- and Moderate-Income Units Completed
Percentage of Marketing Housing Units Completed
0
25
10
25 + 1 unit
50
50
75
90
100
100
(e) 
Controls on Affordability.
(1) 
The purpose of this paragraph is to provide assurances that low- and moderate-income units are created with controls on affordability over time and that low- and moderate-income people occupy these units.
(2) 
The Borough of Woodland Park shall hereby designate a municipal authority with the responsibility of ensuring the affordability of sales and rental units over time. In addition, the municipal authority shall be responsible for the following:
(i) 
The municipal authority shall be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a); and
(ii) 
The municipal authority shall also be responsible for utilizing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b).
(3) 
This subsection hereby requires all conveyances of newly constructed low- and moderate-income sales units subject to the Act, to contain the deed restriction and mortgage lien adopted by COAH, (N.J.A.C. 5-93 Appendix E). Measures shall be set forth to assure that newly constructed low and moderate-income rental units remain affordable to low- and moderate-income households for an appropriate period of not less than thirty (30) years. The municipal authority shall require an appropriate deed restriction and mortgage lien subject to the approval of the Borough Attorney.
(f) 
Reduced Condominium Fees for COAH Approved Low- and Moderate Income Housing Condominium Associations.
(1) 
The condominium association fee for COAH approved low-income units within the Borough shall be one-third (1/3) of the fee that would otherwise be payable;
(2) 
The condominium association fee for COAH approved moderate-income units within the Borough shall be one-half (1/2) of the fee that would otherwise be payable.
a. 
Residential Regulations and Requirements.
1. 
Residential structures with common building entrances and hallways providing access to individual dwelling units shall be permitted. Such structures shall not exceed four and one-half (4 1/2) habitable stories, exclusive of grade or below-grade parking and storage areas, or sixty (60) feet.
2. 
All other residential structures shall not exceed three (3) stories or forty (40) feet in height above the grade plane, as viewed from the front of the dwelling, whichever is less. Finished walkout basements and garages below grade shall be permitted. In addition, where required by reason of the slope of the property, such basements and garages, which may be directly accessible to the exterior side or back of the building, shall not exceed twelve (12) feet in height. Such height and story provision shall not be counted in the height and story limitation herein expressed. Such 1/2-story space below grade shall not be habitable.
3. 
Building Length. Two hundred (200) feet maximum. For buildings exceeding one hundred fifty (150) feet in length, there shall be a minimum of two (2) horizontal breaks in the facade that vary the setback by a minimum of four (4) feet.
4. 
Unit Width. No dwelling unit in buildings less than three (3) stories shall be less than twenty-four (24) feet in width as measured to the midpoint of the demising wall.
5. 
Recreation Space. There shall be a minimum indoor and outdoor active or passive recreation space of at least 0.25 acres for each five (5) acres of total site area. Buffer areas shall not be eligible as open space. Subject to City of Clifton approvals, such facilities may be located within the Clifton portion of the site.
b. 
Relationship of Buildings to One Another.
1. 
Distance between buildings. The minimum distance between buildings shall be in accordance with the schedule below.
Up to 3 Stories
4 1/2 Stories
Front to front
55 feet
70 feet
Front to side
30 feet
45 feet
Front to rear
40 feet
50 feet
Side to side
30 feet
40 feet
Side to rear
40 feet
50 feet
Rear to rear
40 feet
60 feet
Accessory structure to principal building
25 feet
25 feet
Building front face to common access driveway
15 feet
20 feet
Building front face to public street
40 feet
60 feet
Building front face to common parking area
15 feet
20 feet
Building rear to external property line
40 feet
50 feet
Garage face to back of sidewalk or curb
20 feet
c. 
General Requirements.
1. 
Maximum length of buildings. Townhouse buildings: two hundred (200) feet maximum.
2. 
Off-street parking space location. Permitted in a private driveway, garage or off-street parking area.
3. 
Storage Area. Each two- to three-story dwelling unit shall provide a minimum of thirty (30) square feet of storage area independent of the garage area. Each four-story dwelling unit shall have a minimum of twenty (20) square feet of storage area.
4. 
Where a development in this district is included as part of an integrated development located in two (2) or more municipalities, no minimum setback shall be required between any principal building and the municipal boundary line. Instead, minimum building separations as set forth herein shall be maintained between the principal buildings located in this district and the nearest principal building located in the adjoining municipality.
5. 
Permitted deviations from setback requirements. Extensions into the required separations between buildings, and setbacks from buildings to streets, parking areas and external lines shall be permitted as follows:
(a) 
Eaves with an overhang of not more than two (2) feet;
(b) 
Rainwater leaders, window sills, chimneys and other such fixtures;
(c) 
Bay windows not more than twelve (12) feet wide and a depth not to exceed two (2) feet;
(d) 
Open porches or steps leading into the building, which shall not have any sidewall or other enclosure and may have a fixed roof, canopy or other covering, limited to the dimensions of the porch;
(e) 
Balconies and patios at grade may not exceed fifty (50) square feet and may extend from the building face.
d. 
General Standards.
1. 
Driveway grade. Entrance, exit and main drives shall have a minimum grade of one-half (0.5%) percent and a maximum grade of twelve (12%) percent. The maximum grade within fifty (50) feet of an intersection shall be five (5%) percent.
2. 
Landscaped Area. All areas not used for the construction of buildings, roads, access ways, recreation areas, parking areas, or sidewalks shall be landscaped except, however, for the cliff face and the areas at the base and the top of the cliff.
3. 
Utilities. Sanitary sewers, storm sewers and water facilities shall be connected to public facilities.
4. 
Internal Roadways. All private internal residential roads and streets shall have a minimum width of twenty (20) feet for two-way streets with no parallel parking and fifteen (15) feet for one-way streets.
5. 
Trash and Recycling. The applicant shall make and submit, prior to the granting of a Certificate of Occupancy, proof of provisions for garbage, trash and litter removal services by private contractors in accordance with all rules and regulations established by the Municipal Board of Health. Provisions shall be made for the collection of garbage and trash, and such facilities shall be visually screened through the use of landscaping and/or architectural treatment.
6. 
Landscaped Buffers. A landscaped buffer ten (10) feet wide shall be provided along all perimeter property lines with the following exceptions: (1) the cliff face and the top of the cliff, and (2) areas along the municipal boundary line with the City of Clifton where the adjoining land in Clifton is part of the same integrated development. This buffer may be constructed within the required building setback area. Within this buffer area, the developer shall provide a planted screen. Screening shall be provided to supplement existing natural vegetation consistent with the Borough's standards or set forth in Sections 22-32 and 22-33 of the Borough's Zoning Ordinance.
7. 
Parking Area Landscaping. The parking shall be landscaped, screened, lighted and conveniently located within one hundred fifty (150) feet of the housing to be served with the exception of guest parking.
8. 
Sidewalk Width. Four (4) feet wide minimum and shall be provided on both sides of all streets.
9. 
Parking Area grade. Six (6%) percent maximum.
10. 
Outdoor Lighting. Exterior lighting on site, inclusive of parking areas, shall be provided at a minimum of .5 foot-candles.
e. 
Accessory Building Standards.
1. 
Setbacks. Ten (10) feet from streets and property lines, twenty-five (25) feet from a principal building, and at least fifteen (15) feet from another accessory building.
2. 
Recreation Facilities. Swimming pools, tennis courts and other surfaced recreation facilities shall be at least twenty-five (25) feet from any property line.
3. 
Maximum height. Twenty-four (24) feet.
4. 
Ground floor area. Not to exceed four thousand (4,000) square feet.
f. 
Inclusionary Housing Obligation.
1. 
In accordance with the Housing Element of the Borough's Master Plan, the developer of the properties within the Inclusionary Multifamily Residential District has the obligation to provide affordable housing as detailed below:
2. 
All developments within the Inclusionary Multifamily Residential District shall include a set-aside of low- and moderate-income housing units. The set-aside shall be as set forth in the Housing Element and Fair Share Plan receiving substantive certification from the Council on Affordable Housing not to exceed fifteen (15%) percent of the total number of rental dwelling units or twenty (20%) percent of the total number of sale dwelling units receiving development approvals. This obligation shall be satisfied by constructing inclusionary rental units within the development.
[Ord. No. 99-7]
g. 
Date of Effect.
1. 
This section shall take effect only after the New Jersey Council on Affordable Housing grants Substantive Certification to the Housing Element and Affordable Housing Fair Share Plan of the Borough of Woodland Park now pending before it. If New Jersey Council on Affordable Housing does not grant Substantive of Certification by December 31, 1999, this section shall not take effect and shall be null and void, and the property shall remain subject to its current zoning, Planned Office Development. This section shall be published as required by law.
[Ord. No. 99-7]
h. 
Affordable Housing.
1. 
Purpose. This subsection sets forth regulations regarding low- and moderate-income housing units that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994 and as amended on August 18, 1997 and any subsequent amendments by the New Jersey Council on Affordable Housing (COAH). These rules are pursuant to the Fair Housing Act of 1985 and Woodland Park's constitutional obligation to provide for its fair share of low- and moderate-income housing.
2. 
Distribution of Low- and Moderate-Income Units. With the exception of inclusionary developments constructed pursuant to the four (4%) percent low-income tax credit regulations pursuant to the Internal Revenue Code Section 42[(b)4]h, the following conditions apply:
(a) 
At least half (1/2) of all affordable units within each inclusionary development shall be affordable to low-income households;
(b) 
At least half (1/2) of all affordable rental units within each inclusionary development shall be affordable to low-income household; and
(c) 
At least one-third (1/3) of all affordable units in each bedroom distribution (pursuant to N.J.A.C. 5:93-73) shall be affordable to low-income households.
3. 
Bedroom Distribution. Inclusionary developments that are not age-restricted, shall be structured so that:
(a) 
The combination of efficiency and one-bedroom units is at least ten (10%) percent and no greater than twenty (20%) percent of the total low- and moderate-income units;
(b) 
At least thirty (30%) percent of all low- and moderate-income units are two-bedroom units; and
(c) 
At least twenty (20%) percent of all low- and moderate-income units are three-bedroom units.
(d) 
Age restricted low- and moderate-income units may utilize a modified bedroom distribution. At a minimum, the number of bedrooms shall equal the number of age restricted low- and moderate-income units within the inclusionary development. The standard can be met by creating all one-bedroom units or by creating a two-bedroom unit for each efficiency unit. Applications to waive this standard shall be made in accordance with N.J.A.C. 5:93-15.
4. 
Establishing Rents and Prices of Units.
(a) 
The following criteria shall be used in determining maximum rents and sale prices for low- and moderate-income housing units:
(1) 
Efficiency units shall be affordable to one (1) person households;
(2) 
One-bedroom units shall be affordable to 1.5 person households;
(3) 
Two-bedroom units shall be affordable to three (3) person households;
(4) 
Three-bedroom units shall be affordable to 4.5 person households.
(b) 
Median income by household size shall be established by HUD. The maximum average rent and price of low- and moderate-income units within each inclusionary development shall be affordable to households earning fifty-seven and one-half (57.5%) percent median income. Moderate-income sales units shall be available for at least three (3) different prices and low-income sales units shall be available for at least two (2) different prices.
(c) 
The initial price of low- and moderate-income owner-occupied single family housing unit shall be established so that after a down payment of five (5%) percent, the monthly principal interest, insurance, property taxes, and condominium or homeowner fees do not exceed twenty-eight (28%) percent of the eligible gross monthly income. Master deeds of inclusionary developments shall regulate condominium or homeowner association fees or special assessments of low- and moderate-income purchasers at a specific percentage of those paid by market purchasers.
(d) 
Gross rents, including an allowance for utilities, shall not exceed thirty (30%) percent of the gross monthly income of the appropriate household size.
(e) 
Low-income housing units shall be reserved for households with a gross household income less than or equal to fifty (50%) percent of the median income approved by COAH.
(f) 
Moderate-income housing units shall be reserved by households with gross household income less than eighty (80%) percent of the median income approved by COAH.
5. 
Phasing of Lower Income Housing. Lower income housing shall be phased in accordance with the following schedule.
Minimum Percentage of Low- and Moderate-Income Units Completed
Percentage of Marketing Housing Units Completed
0
25
10
25 + 1 unit
50
50
75
75
100
90
100
6. 
Controls on Affordability. The purpose of this paragraph is to provide assurances that low- and moderate-income units are created with controls on affordability over time and that low- and moderate-income people occupy these units.
The Borough of Woodland Park shall hereby designate a municipal authority with the responsibility of ensuring the affordability of sales and rental units over time. In addition, the municipal authority shall be responsible for the following:
(a) 
The municipal authority shall be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a); and
(b) 
The municipal authority shall also be responsible for utilizing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b);
(c) 
This section hereby requires all conveyances of newly constructed low- and moderate-income sales units subject to the Act, to contain the deed restriction and mortgage lien adopted by COAH, (N.J.A.C. 5-93 Appendix E).
(d) 
Measures shall be set forth to assure that newly constructed low- and moderate-income rental units remain affordable to low- and moderate-income households for an appropriate period of not less than thirty (30) years. The municipal authority shall require an appropriate deed restriction and mortgage lien subject to the approval of the Borough Attorney.
7. 
Reduced Condominium Fees for COAH Approved Low- and Moderate Income Housing Condominium Associations.
(a) 
The condominium association fee for COAH approved low-income units within the Borough shall be one-third (1/3) of the fee that would otherwise be payable;
(b) 
The condominium association fee for COAH approved moderate income units within the Borough shall be one-half (1/2) of the fee that would otherwise be payable.
a. 
Purpose.
For the purpose of promoting the general welfare of the community, it is the intention of this section to provide for decent, safe and sanitary housing for the elderly, a specialized housing need.
b. 
Permitted Occupancy.
1. 
Occupancy by Others. No dwelling unit within the Senior Citizen Housing District may be occupied by a person who is not a senior citizen, except:
(a) 
The spouse of a senior citizen; or
(b) 
For all Senior Citizen Residential District projects, the age restriction requirement shall be fifty-five (55) years of age, and may also be occupied by the spouse of such person, or one (1) person under fifty-five (55) years of age but over nineteen (19) years of age, may reside in such dwelling unit if the presence of such person is essential for the care of the person over fifty-five (55) years of age.
c. 
General Requirements.
1. 
Distance Between Buildings. There shall be a minimum distance between dwelling structures of fifty (50) feet.
2. 
The structure shall be designed to blend with the physical characteristics of the site and to be compatible with adjacent residential uses in the community.
3. 
Dwelling Unit Requirement.
(a) 
Each dwelling unit shall contain as a minimum a separate living room, a separate bedroom, a separate kitchen and a separate dining room or dining space.
(b) 
Minimum floor area: four hundred fifty (450) square feet plus one hundred fifty (150) square feet for each habitable room other than a living room, dining room or kitchen, exclusive of attic, basement and cellar floors.
(c) 
No room within the dwelling unit intended for human habitation shall be located in a cellar or attic.
(d) 
Each dwelling unit shall have at least one (1) window in each exposure.
(e) 
Floors and ceilings and partitions between dwelling units shall be constructed so as to have a minimum airborne sound transmission loss classification of fifty (50) decibels. The Planning Board shall ascertain that reasonable measures are taken in floor and ceiling construction to avoid disturbing levels of impact sound.
(f) 
Special design features shall be provided to accommodate the special problems of the elderly, such as non-skid floors and grab bars. The Planning Board shall ascertain that reasonable design features specialized for the elderly are incorporated.
4. 
Accessory Buildings.
(a) 
Accessory buildings shall meet the street and property line setbacks of the principal building. Active recreational facilities shall be at least fifty (50) feet from a property line.
(b) 
Maximum height of an accessory building shall be sixteen (16) feet.
(c) 
Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.
5. 
Parking and Circulation.
(a) 
All off-street parking areas and internal roadways shall be paved, bounded by permanent curbing and constructed in accordance with Borough specifications.
(b) 
Parking areas and internal roadways (unless inside of building structure or leading to an enclosed garage) shall be located at least fifteen (15) feet from principal buildings, and at least fifty (50) feet from a street or adjacent property line.
(c) 
Internal roadways shall be at least thirty (30) feet in width for two-way traffic and sixteen (16) feet in width for one-way traffic and shall not enter a street within fifty (50) feet of an intersection. Parking in internal roadways shall be prohibited.
(d) 
Garages may be built into the structure or separately constructed as hereinafter provided. Each garage space shall be at least ten (10) feet in width and twenty (20) feet in depth.
6. 
Landscaping and Open Space.
(a) 
Common open space. Exclusive of internal roadways and parking areas, there shall be provided a minimum of fifty (50%) percent of the entire tract for common open space as herein defined. Common open space is defined as an open space area or areas within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the common use or enjoyment of residents and owners of the development. Said common open space shall be attractively landscaped with grass lawns, trees and shrubs. Provision shall be made for the preservation of existing trees and natural features.
(b) 
Sidewalks. Hard-surface sidewalks at least four (4) feet in width shall be provided in such locations as will insure convenient pedestrian traffic as required by the Planning Board. Ramps must be provided where necessary for wheelchairs, etc.
(c) 
Screening. A screen of at least 15 feet in width and fencing shall be provided to shield parking areas and other common facilities from view of adjoining residential property.
(d) 
Lighting. Adequate artificial lighting shall be provided in parking areas and along sidewalks, walkways and internal roadways. The source of lighting shall be directed downward, away from buildings and adjoining streets and property lines. Lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent resident area.
7. 
Utilities.
(a) 
The developer shall furnish, as a condition precedent to action by the Planning Board, acceptable water supply and sanitary sewer facilities based upon written agreements and written approval of appropriate Borough and state authorities.
(b) 
All telephone, alarm services, cable T.V., electric service and any other required utility services on the property shall be by underground conduit.
8. 
Miscellaneous.
(a) 
Television antennas shall be limited to one master antenna per building.
(b) 
Air-conditioning units shall not extend more than six inches from the exterior wall.
(c) 
Appropriate laundry facilities must be provided in each building. Outside clothes drying is prohibited.
(d) 
There shall be no incinerators on the premises or in the building. All trash and garbage shall be stored at all times in airtight covered containers which shall be kept in a centrally located, concealed area outside the area. The developer shall provide for its own garbage collection.
(e) 
Drainage. Adequate facilities and design shall be provided for on-site and off-site drainage, subject to approval of the Municipal Engineer and Planning Board.
9. 
Performance bond. Performance bonds shall be required to the Borough of Woodland Park that any proposed senior citizens' housing project will be developed and constructed in a manner and within the limitations as set forth in this chapter and the plans and specifications as approved. The performance bonds shall be approved by the Borough Council.
10. 
Certificate of occupancy. No certificate of occupancy shall be issued unless all improvements have been completed. The certificate of occupancy may be revoked upon use of the premises in violation of this chapter.
a. 
Landscaping and screening. Appropriate screening shall be provided around loading and trash collection points. Parking lots with more than 10 spaces shall also be buffered from adjoining streets, existing residential use, and residential zoning districts. Landscaping and buffer areas shall conform to the regulations as set forth in § 22-32.
a. 
Landscaping and screening. Appropriate screening must also be provided around loading and trash collection points. Parking lots with more than 10 spaces shall also be buffered from adjoining streets, existing residential use, and residential zoning districts. Landscaping and buffer areas shall conform to the regulations as set forth in § 22-32. Landscaping on parking lot or roadway islands may be required by the Planning Board in granting site plan approval.
b. 
Off-street loading. Adequate facilities and area shall be provided for off-street loading and unloading as required by the Planning Board in granting site plan approval.
a. 
Landscaping and screening. Appropriate screening must also be provided around loading and trash collection points. Parking lots with more than 10 spaces shall also be buffered from adjoining streets, existing residential use, and residential zoning districts. Landscaping and buffer areas shall conform to the regulations as set forth in § 22-32. Landscaping on parking lot or roadway islands may be required by the Planning Board in granting site plan approval.
a. 
Landscaping and screening. Appropriate screening must also be provided around loading and trash collection points. Parking lots with more than 10 spaces shall also be buffered from adjoining streets, existing residential use, and residential zoning districts. Landscaping and buffer areas shall conform to the regulations as set forth in § 22-32. Landscaping on parking lot or roadway islands may be required by the Planning Board in granting site plan approval.
[1]
Editor's Note: Former Subsection 22-24.1, Two-Family Dwellings, was repealed 12-18-2019 by Ord. No. 19-16, which ordinance became effective 180 days after its passage and publication.
a. 
Minimum lot area: one acre stand alone; two acres in conjunction with other uses.
b. 
Minimum lot width and depth: 150 feet.
c. 
Minimum building setback, all lot lines: 30 feet.
d. 
Maximum building height: 35 feet.
e. 
Maximum building coverage: 30%.
f. 
Maximum impervious coverage: 65%.
g. 
Minimum buffer width: 20 feet with plantings at a minimum of six feet in height along all property lines abutting other uses.
h. 
Minimum parking: the sum of all uses on site, including any child care, classrooms, offices, or other such uses in conjunction with the house of worship.
i. 
Parking space location: prohibited in front yard; 20 feet from side and rear yard lines.
a. 
Child care centers shall be permitted with an applicable license from the state, which shall be furnished to the Borough.
b. 
Conform to lot size, building size, setbacks and lot coverage standards applicable to the zoning district in which the facility is located.
c. 
Parking shall be provided at the rate of one space per each staff member plus one drop-off/pick-up space per staff member.
d. 
A minimum of 15 square feet of outdoor play area per child per play shift shall be provided. Play areas shall be permitted in the rear and side yards only and shall be enclosed by a fence at least four feet in height and landscaped and screened from adjoining properties.
e. 
The proposed outdoor area shall be designed with sufficient dimensions and orientation to enable its conversion to a parking area which would serve the building if it were occupied for an alternative permitted use. An applicant for a day-care facility shall be required to submit a sketch layout indicating the prospective conversion of play area to a parking use, including the location of access aisles, stall dimensions, location of parking spaces and provisions of an area for perimeter landscaping, as provided by ordinance.
f. 
A child-care facility may be permitted to occupy an entire building or a portion of an existing building which is partially occupied by other uses, irrespective of any other ordinance limitations on the number of principal permitted uses allowed on a lot.
g. 
The floor area occupied by a child-care center in any building for which the child-care center is an accessory use to a principal use shall be excluded in calculating any parking requirement otherwise applicable to that amount of floor space and shall be excluded from the permitted floor area ratio allowable for that building.
a. 
Bowling alleys shall not be contained in a freestanding building.
b. 
All other bulk regulations for the district shall apply.
a. 
Skating rinks, if provided indoors, shall not be contained in a freestanding building.
b. 
All other bulk regulations for the district shall apply.
a. 
Alcohol and drug rehabilitation facilities shall be permitted with an applicable license from the state, which shall be furnished to the Borough.
b. 
Conform to lot size, building size, setbacks and lot coverage standards applicable to the zoning district in which the facility is located.
c. 
Buffering. The alcohol and drug rehabilitation facility will maintain a twenty-foot landscaped buffer around the perimeter of the property, including a six-foot fence along side and rear property lines. A four-foot fence shall be required along the front property line.
d. 
Distance requirements: The alcohol and drug rehabilitation facility cannot be located within:
1. 
1,000 feet of a school.
2. 
1,000 feet of a bar and/or restaurant serving alcohol.
3. 
1,000 feet of an establishment where guns are sold and/or fired.
4. 
500 feet of a house of worship.
5. 
1,000 feet of a community center.
6. 
500 feet of a fraternal organization, club, or similar organization.
a. 
Definition: sign, billboard: A sign that directs attention to a business, commodity, goods, services or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
b. 
Location: Advertising billboard signs may only be located on a property directly adjacent to Route 80.
c. 
Size: the size of the face of a billboard may not exceed seven hundred (700) square feet per face.
d. 
Setbacks: a billboard must be located a minimum of ten (10) feet from any property line.
e. 
Height: The total height of a billboard cannot exceed fifty (50) feet from the base elevation of the sign.
f. 
There shall be no more than one advertising sign on a parcel; provided, however, that the advertising sign may be double-faced.
g. 
Billboard signs are permitted with a single display per facing.
h. 
Flashing, moving, and projecting signs shall be prohibited.
i. 
Lighting for the billboard shall be designed to minimize impacts on the area.
j. 
LED/Digital or similarly illuminated signs:
1. 
The applicant shall allow public safety advertising on the sign if the billboard sign is an LED sign that allows the advertising face to change to different advertisements during the course of a day.
2. 
The lighting levels shall be subject to approval by the Board Engineer, to ensure that the lighting will not impact residential neighbors.
3. 
Changes in advertisement shall occur at a rate subject to approval by the reviewing Board.
a. 
Rooming/Boarding Houses housing more than six persons for the developmentally disabled and community shelters for victims of domestic violence shall be permitted as a conditional use in all residential districts, subject to the provisions of this section.
b. 
A Rooming/Boarding House shall comply fully with all zoning and health regulations applicable to single-family residences in the zoning districts in which it is located.
c. 
A Rooming/Boarding House shall not be occupied by more than 14 developmentally disabled persons or victims of domestic violence, as defined herein.
d. 
A Rooming/Boarding House must be located at a distance of at least 1,500 feet from any other existing rooming/boarding house or school.
a. 
Enclosed Structures.
1. 
Such public utility services as and including electric substations, transformers, switches and auxiliary apparatus serving a distribution area, water well sites and pumping stations in all zones shall be subject to the following regulations:
2. 
The location, design and operation of such facility may not adversely affect the character of the surrounding residential area. Adequate fences, barriers and other safety devices shall be provided. Such facilities shall be adequately landscaped and screened.
3. 
The location of the structures regulated in this section shall comply with the setback requirements of the zone in which they are located; provided, however, that telephone cabinets and electric relay stations may be located at property lines. Such facilities shall be landscaped and screened in order to minimize their visual impact.
b. 
Open structures and facilities.
1. 
Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of electric, gas, water transmission or distribution/collection systems, telephone and cable television lines, communication, water supply or sewage treatment and collection systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate services by public utilities or municipal or other governmental agencies of for the public health, safety or general welfare, but not including buildings.
2. 
Adequate landscaping or screening shall be provided, where applicable.
a. 
All nonpublic schools, where permitted, shall be subject to the following:
1. 
Said school or institution shall be a nonprofit organization within the meaning of the Internal Revenue Act and registered effectively as such thereunder.
2. 
Such school shall have as its prime purpose the general education of students in the arts and sciences and shall be licensed by the State Department of Education as required by law.
b. 
All schools permitted herein shall comply with all applicable regulations of the State Board of Education and to the following:
1. 
Minimum lot area: two acres, plus one acre per 100 pupils.
2. 
Minimum lot width: 150 feet.
3. 
Minimum front yard: 75 feet.
4. 
Minimum side yards: 35 feet.
5. 
Minimum rear yard: 50 feet.
6. 
Minimum recreation area: 100 square feet per pupil.
7. 
Maximum building coverage: 15%.
8. 
Maximum building height: one story; 15 feet.
9. 
Minimum buffer: 50 feet.
a. 
Community residences housing more than six persons for victims of domestic violence shall be permitted as a conditional use in all residential districts, subject to the provisions of this section.
b. 
A community residence or shelter shall comply fully with all zoning and health regulations applicable to single-family residences in the zoning districts in which it is located.
c. 
A community residence or shelter shall not be occupied by more than 14 developmentally disabled persons or victims of domestic violence, as defined herein.
d. 
A community residence or shelter must be located at a distance of at least 1,500 feet from any other existing community residence, shelter or school.
a. 
No public garage or repair shop shall have an opening in the roof or walls closer than fifteen (15) feet to any side property line.
b. 
No public garage or private garage accommodating more than five (5) cars or motor vehicle service or filling station shall be erected on any premises converted for such uses if any part of the land or premises in question is situated within a radius of five hundred (500) feet of the property line of:
1. 
A public school or a duly organized school other than a public school, conducted for children;
2. 
A hospital maintained as a charitable institution, or a private hospital maintaining at least fifteen (15) beds for patients;
3. 
A church of any denomination;
4. 
A public park or playground or public building;
5. 
A public library;
6. 
A theater containing at least one hundred (100) seats;
7. 
A place of public assemblage or gathering place with a seating of fifty (50) persons or more;
8. 
Any other gasoline, service or filling station existing in the municipality.
c. 
Automobile service stations shall require a minimum lot area of 15,000 square feet with at least 200 feet of street frontage.
d. 
Buffer Requirements. A buffer of 25' from all lot lines adjacent to other uses shall be provided, including such screening determined appropriate by the approving authority in conjunction with a solid fence at a minimum height 4' shall be provided.
e. 
All motor vehicle service or filling stations shall be so arranged and all gasoline pumps shall be so placed as to permit all service on the premises and outside the public way, and no gasoline pumps shall be placed closer to any property line than twenty-five (25) feet.
f. 
The overnight parking of motor vehicles of any type within a service station center is hereby prohibited with the following exceptions:
1. 
A motor vehicle of a customer left for repair or servicing. No more than six (6) such motor vehicles shall be parked outside of the building at any one time and in no event shall any motor vehicles be parked outside the building for more than thirty (30) days.
2. 
Motor vehicles towed into the service station center shall be permitted to be held thereon for a maximum of seventy-two (72) hours, with the exception of those towed in for repairs or servicing which shall be covered by paragraph 1. forenoted.
g. 
Every service station center shall maintain a log in a bound book recording the date and time in and out of every motor vehicle left with it for repair or which has been towed in.
h. 
It shall be unlawful to keep, park and/or maintain motor vehicles of any type upon service station center premises for disassembly or storage for parts.
i. 
Upon the premises of a service station center, it shall be permitted to keep, park and/or maintain one (1) motor vehicle at any given time for sale to the public.
a. 
Proximity: No convenience store with gas shall be erected on any premises converted for such uses if any part of the land or premises in question is situated within a radius of five hundred (500) feet of the property line of:
1. 
A public school or a duly organized school other than a public school, conducted for children;
2. 
A hospital maintained as a charitable institution, or a private hospital maintaining at least fifteen (15) beds for patients;
3. 
A church of any denomination;
4. 
A public park or playground or public building;
5. 
A public library;
6. 
A theater containing at least one hundred (100) seats;
7. 
A place of public assemblage or gathering place with a seating of fifty (50) persons or more;
8. 
Any other gasoline, service or filling station, or convenience store with gas existing in the municipality.
b. 
Buffer Requirements. A buffer of 25' from all lot lines adjacent to residential uses and 10' from all non-residential uses is required, including such screening determined appropriate by the approving authority in conjunction with a solid fence at a minimum height 4' shall be provided.
c. 
Canopies permitted. Canopies are permitted but must be connected to the main structure and coordinated with the design of the building.
d. 
A direct sidewalk connection to the store entrance is required.
a. 
A hotel shall provide facilities for sleeping, dining, conferences, meetings and other similar purposes which shall be contained within the hotel building.
b. 
No hotel or motel shall be located closer than 1,000 feet to any other hotel or motel.
c. 
A hotel or motel shall have its front entrance or entrances and all parking lot and driveway access from a public street.
1. 
Where a hotel abuts a residential district, a buffer zone no less than 50 feet wide shall be provided from all external lot lines, except that portion which fronts upon an existing external street or roadway.
2. 
No principal or accessory use or structure, including, without limitation, off-street parking and loading areas, shall be permitted within the required buffer area; but the approving authority may, upon a finding of reasons therefor, permit a portion of a buffer area to be used for utility easements or streets to ensure access to or from adjacent property.
d. 
The maximum improved lot coverage shall be 70%.
e. 
Height.
1. 
The minimum building height shall be four stories or 40 feet.
2. 
The maximum building height shall be the height permitted in the zone in which the hotel is a conditionally permitted use.
f. 
Appurtenances, such as elevators, towers, condensers, chimneys and similar mechanical equipment, shall be allowed within the following standards:
1. 
Appurtenances shall not exceed 12 feet above the permitted maximum flat roof height.
2. 
Appurtenances shall not exceed 15% of the gross roof area.
3. 
Architectural features for purposes of providing light, such as atrium roofs or skylights, shall also be permitted, provided the height of such structures does not exceed 10 feet above the finished roof, and provided that the same do not occupy, in accordance with the other appurtenances heretofore allowed by this section, more than 20% of the roof area.
4. 
The exterior treatment of mechanical penthouses shall be designed so as to be an architecturally integral part of the structure by provision of materials substantially similar to the building.
a. 
No more than one satellite antenna shall be permitted on a lot, and such antenna shall be accessory to the principal permitted use on a lot.
b. 
The satellite antenna shall be permitted for use by the occupants of the main building only. No satellite dish antennas are permitted to benefit off-site users.
c. 
Ground-mounted and roof-mounted satellite antennas shall require a building permit. Tower-mounted satellite dish antennas are prohibited.
d. 
Roof-mounted antenna.
1. 
In the AIR, High-Rise Office, and Regional Commercial Zone, the diameter of the antenna shall be no more than 12 feet, and the maximum antenna height shall be no more than 15 feet above the roof at the point at which the antenna is situated.
2. 
In the CBD, Mid-Rise Office, and Neighborhood Commercial Zone roof-mounted satellite antennas shall be permitted with a diameter of no more than six feet and a maximum height no greater than eight feet above the roof at the point where the antenna is situated.
3. 
A satellite dish antenna no wider than 18 inches is permitted in all residential zones and a permit is not required to erect a conforming satellite antenna in any residential zone.
e. 
Ground-mounted antenna.
1. 
The maximum permitted size of a ground-mounted satellite antenna shall be 10' in diameter for residential zones, the CBD zone, and Neighborhood Commercial Zone. The maximum permitted size of a ground-mounted satellite antenna shall be 16' in diameter for the Regional Commercial Zone, and all Office zones.
2. 
The maximum permitted height of a ground-mounted satellite antenna shall be 12' for residential zones, the CBD zone, and Neighborhood Commercial Zone. The maximum permitted height of a ground-mounted satellite antenna shall be 20' for the Regional Commercial Zone, Adaptive Industrial Reuse Zone, and all Office Zones.
3. 
Satellite antennas shall be located in the rear yard only and at a minimum of 25 feet from all property lines.
f. 
Landscape/buffer requirements.
1. 
Buffer plantings and screening are required in order to minimize the satellite antenna's visual impact on adjacent properties and from the street. Buffer plantings in the form of evergreens or similar dense cover shall be provided in the general area of property lines or other suitable location to minimize the visual impact of the antenna.
2. 
Roof-mounted antennas shall be located in a position on the roof that will minimize the visual impact from the street and adjacent properties.
3. 
The satellite antenna shall be erected on a secure ground-mounted foundation or roof-mounted base and be designed to survive static wind loads of not less than 100 miles per hour at any antenna elevation, angle or directional position.
a. 
A home occupation shall be incidental to the use of a dwelling unit for residential purposes.
b. 
The area set aside for home occupations shall not exceed 25% of the total floor area of the residence, provided that in no event shall more than 500 square feet of the floor area of the dwelling unit be used in connection with a home occupation or for storage purposes in connection with a home occupation.
c. 
Only members of the immediate family permanently residing on the premises shall be employed in the home occupation.
d. 
A home occupation may be open to the public between 8:00 a.m. and 8:00 p.m. but shall not be open on Sundays or legal holidays.
e. 
No more than one home occupation shall be permitted within any single dwelling unit.
f. 
A home occupation shall be carried on wholly within the principal building. No home occupation nor any storage of goods, materials or products connected with a home occupation shall be allowed in accessory buildings or attached or detached garages, driveways, walkways or yards.
g. 
Merchandise shall not be displayed or offered for sale either within or outside of the residence.
h. 
There shall be no change in the outside appearance of the dwelling or premises or visible evidence of the conduct of a home occupation except for signage as permitted in § 22-42, Signs.
i. 
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes or odor detectable to the normal senses off the property.
j. 
No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises.
k. 
The use shall not generate additional pedestrian or vehicular traffic. Visitors, customers or deliveries shall not exceed those normally and reasonably occurring for a residence, including not more than two business visitors an hour and eight a day and not more than two deliveries of products or materials a week.
l. 
The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than one vehicle not to exceed 3/4 ton owned by the resident of the dwelling, which shall be parked in an adequate off-street parking area.
m. 
The use shall not require additional off-street parking spaces for clients or customers of the home occupation.
a. 
Adult entertainment uses, limited to adult bookstores, adult motion picture theaters, adult entertainment cabarets, peep shows and massage parlors as defined in § 22-3, which conform to the following standards:
1. 
One off-street parking space for every two persons based upon total maximum occupancy as determined by the Fire Official.
2. 
The premises must front directly on and derive access to a state or federal highway and be located in the RGC Zone.
[Amended 9-4-2019 by Ord. No. 19-10]
3. 
No more than one adult entertainment use shall be located on any lot or upon any commercial property, including, but not limited to, shopping malls and strip shopping centers.
4. 
No adult entertainment use shall be established or permitted in any building of which any part is used for residential purposes.
5. 
No residential use shall be established in a building of which any part is used as an adult entertainment use.
6. 
No adult entertainment use shall be established closer than 500 feet to any lot line of any other adult entertainment use.
7. 
No adult entertainment use shall be established closer than 750 feet to the lot line of any residential district, which shall include any zoning district that permits residential use.
8. 
No adult entertainment use shall be established closer than 750 feet to the lot line of any house of worship, community center, funeral home, school, day-care center, hospital, alcoholism center or drug treatment center, nursing home, senior citizen residence, counseling or treatment facility or public park, playground, playing field or ballfield, youth center or location where children traditionally congregate.
9. 
Only one sign shall be permitted visible from the exterior of a building which is occupied by an adult entertainment use business, and such sign shall be no larger than six square feet, nor shall the sign consist of any material other than plain lettering. No sign shall have any photographic or artistic representations whatsoever thereon. All such signs shall be in compliance in all other respects with the existing regulations of the Borough of Woodland Park.
10. 
All openings, entries, windows, doors, etc., to an adult entertainment use facility shall be located, covered or screened in such a manner as to prevent a view into the interior from any public place.
11. 
The establishment of an adult entertainment use business shall include the opening of such business as a new business, the relocation of such business or the conversion of an existing business location to any of the uses defined herein, whether such conversion be for a permanent or temporary use.
12. 
In addition to the foregoing requirements the adult entertainment use shall conform to all of the regulations of the Borough, including, but not limited to, district lot and bulk regulations, parking regulations and signage requirements of the Regional Commercial District.
13. 
Nothing contained herein shall permit obscene materials as same are defined in N.J.S.A. 2C:34-2.
14. 
Measurement of distances. For purposes of this subsection, measurements shall be made in a straight line without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises for an adult entertainment use business to the nearest property line of land upon which is situated a school, church, park, playing field, library or other recreational facility where numbers of minors regularly congregate or to the nearest dividing line which establishes the boundary between the Regional Commercial District and the Residential District.
15. 
No business or person shall construct, establish or be issued a certificate of occupancy for any adult entertainment use, including, but not limited to, an adult bookstore, adult motion-picture theater, adult entertainment cabaret, peep show, and massage parlor, unless all the requirements set forth in this subsection above are met. In no event shall such a business be operated, constructed or established in a zoning district other than Regional Commercial District.
16. 
All adult entertainment use businesses as herein defined shall be operated only between the hours of 11:00 a.m. and 12:00 midnight. However, if the business is licensed to sell or dispense alcoholic beverages, it shall comply with all Borough regulations regarding hours of operation.
17. 
No one under the age of 18 shall be permitted to enter any adult use business as herein defined.
18. 
Penalties for offenses. Any person, firm or corporation violating any of the provisions of this subsection shall be guilty of a violation punishable by a fine not exceeding $500 or imprisonment not to exceed 30 days or both. Each day the offense is continued shall constitute a separate and distinct violation hereunder. The penalty imposed herein shall be in addition to and not preclude any rights conferred upon the Borough of Woodland Park by Title 2C of the New Jersey Statutes and any statutes, rules or regulations promulgated by the Alcoholic Beverage Commission, as from time to time may be respectively amended.
19. 
Notwithstanding the discretion conferred by this subsection, no use specifically prohibited or uses similar thereto shall be construed as permitted.
[Added 9-4-2019 by Ord. No. 19-12]
"Smoke shops," being herein defined as a commercial establishment that, as one of its principal business purposes, offers for sale, or allows use of, tobacco, cigarettes, marijuana, cigars, pipes, vapor cigarettes, hookah and all types of smoking apparatus, are permitted in the RCG Zone subject to the following additional conditions:
a. 
One off-street parking space for every two persons based upon total maximum occupancy as determined by the Fire Official.
b. 
The lot on which the use exists shall not be closer than 500 feet to the lot line of any residential district.
c. 
The lot on which the use exists shall not be closer than 1,500 feet to the lot line of any house of worship, community center, funeral home, school, day-care center, public park, playground, playing field or ballfield.
d. 
The lot on which the use exists shall not be closer than 1,000 feet to any lot line of other smoke shops.
e. 
In addition to the foregoing requirements, the smoke shop shall conform to all of the regulations of the Borough, including, but not limited to, district lot and bulk regulations, parking regulations and signage requirements of said district.
f. 
Smoking, inhaling and use of products shall be forbidden.
g. 
Smoking is not allowed on any premises serving food for consumption.
a. 
Purpose and intent.
1. 
Purpose. To provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial sale purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a solar energy system designed to meet the energy needs of the principal use on the property. For the purposes of this subsection, the sale of excess power shall be limited so that in no event an energy system is generating more energy for sale than what is otherwise necessary to power the principal use on the property.
2. 
Accessory use. Solar energy systems are permitted only as an accessory use on the same lot as the principal use. All applications shall demonstrate that the wind velocity and conditions at the proposed location will be suitable for the generation of electricity. All energy systems require approval from the Zoning Officer and Construction Official prior to installation. All applications for an energy system shall include appropriate information demonstrating compliance with this chapter, including a record of the electric usage for the principal use on the property for the previous year. In the event that the Zoning Officer or Construction Official does not agree that the provisions of this chapter will be satisfied, an applicant may apply to the Zoning Board of Adjustment for an interpretation or variance as necessary.
b. 
Definitions.
SOLAR ENERGY SYSTEM
Solar panels and all associated equipment that collect, store and distribute solar energy for heating, cooling or electricity generating.
SOLAR PANEL
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy through the use of solar panels.
c. 
Bulk standards and regulations.
1. 
Rooftop solar systems.
(a) 
Solar panels shall be permitted as a rooftop installation in any zoning district. The solar panels shall not exceed a height of 12 inches from the rooftop. The height of the solar panels shall not be included in any calculations for total building height.
(b) 
Panels installed in a rooftop configuration must be installed not more than one foot beyond the actual boundaries or edges of the roof.
(c) 
A clearly marked manual shut-off switch for the electricity from the solar panels shall be installed in close proximity to the meter on the exterior of the principal structure.
(d) 
An official National Electric Code (N.E.C.) placard, stating there are solar panels on the principal structure, shall be placed near the front entrance of the structure.
2. 
Ground-mount solar panel systems.
(a) 
Ground arrays shall not be permitted in the front yard.
(b) 
Ground arrays shall be set back a minimum of 20 feet from side or rear property lines in all residential zones or in conformance with the required setbacks for accessory structures in nonresidential zones.
(c) 
Ground arrays shall be located to minimize any glare towards an adjoining property.
(d) 
Ground arrays shall not exceed a height of 15 feet.
(e) 
Ground arrays shall not be permitted on any lot that is 0.5 acre or less.
(f) 
A ground array system shall not add, contribute to or be calculated to cause an increase in impervious coverage for the purposes of conforming to zone standards.
(g) 
A clearly marked shut-off switch for the electricity from the solar panels shall be installed in close proximity to the meter on the exterior of the principal structure.
(h) 
Ground arrays shall be screened and/or landscaped to shield the system when viewed from the street and/or adjacent properties.
(1) 
Where natural evergreen or dense deciduous screening is already in existence, no additional screening shall be required between the property line(s) and the ground arrays.
(2) 
Screening is not required between the ground array and the principal structure located on the same lot as the array if it is completely shielded from the front, rear and side property lines.
3. 
The provisions in this subsection do not apply to the installation of decorative solar pathway lights that do not provide power for another use or structure.
4. 
All solar energy systems shall meet all National Electric Code (N.E.C.) requirements.
d. 
Requirements for Solar Energy Systems.
1. 
Solar energy systems shall not be used for displaying or advertising except for the labeling information noted in paragraph d6 below.
2. 
The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
3. 
The solar energy system shall be located so that tree removal is not required to the extent reasonably possible.
4. 
All electric lines and utility wires shall be installed underground.
5. 
The installation of a solar energy system shall conform to the requirements of the electric utility company for interconnection as the case may dictate.
6. 
A minimum of one sign shall be posted near ground level on the interconnection cabinet warning of high voltage. In addition, the following information shall be posted on a label or labels installed at the site:
(a) 
The maximum power output of the system.
(b) 
Nominal voltage and maximum current.
(c) 
Manufacturer's or installer's name, address and telephone number, and the serial number and model number of the equipment.
(d) 
Emergency and normal shutdown procedures.
7. 
Systems that connect to the electric utility shall comply with the New Jersey net metering and interconnection standards for Class I renewable energy systems at N.J.A.C. 14:8-7.
8. 
A solar energy system that is out of service for a continuous twelve-month period shall be deemed to have been abandoned.
(a) 
The Zoning Officer may issue a notice of abandonment to the owner. The notice shall be sent via regular mail and certified mail, return receipt requested, to the owner of record.
(b) 
Any abandoned system shall be removed at the owner's sole expense within six months of the date on the notice of abandonment from the Zoning Officer. Prior to removal, the owner shall obtain a demolition permit from the Construction Official. Upon removal, the site shall be cleaned, restored and landscaped to blend with the existing surrounding vegetation at the time of the removal.
(c) 
The Zoning Officer may issue a summons to the owner for failure to remove the abandoned system as requested in the notice of abandonment.
(d) 
When the owner of the solar energy system had been notified to remove same and has not removed the system within six (6) months after receiving the notice, the Township may pursue legal action to have the system removed at the owner's expense.
(e) 
Solar panels removed from the site shall be deposited at a recognized solar panel recycling center. Panels that are not recycled must be disposed of in accordance with the New Jersey Department of Environmental Protection or U.S. Environmental Protection Agency requirements.
9. 
A zoning permit and building permit shall be required for the installation of a solar energy system. Documents required for a zoning permit shall include the following:
(a) 
Property survey.
(b) 
Location, dimensions (including height) of existing major structures on the property.
(c) 
Location, dimensions and type of proposed energy system, including all structures accessory to the system.
(d) 
Manufacturer's energy system specifications, including make and model.
(e) 
Proof of notification to the electric utility company for interconnection purposes.
(f) 
Certification from a professional engineer and/or the installation company that the proposed installation is in compliance with manufacturer's guidelines.
(g) 
Other documents and plans containing enough information concerning installation of the system for the Zoning Officer to make a formal decision concerning conformance with the article standards. The amount and accuracy of information provided shall be in the judgment of the Zoning Officer.
(h) 
Statement from applicant that installation will comply with all environmental guidelines.
(i) 
Application shall include a current photograph of the site where the proposed system is to be installed.
10. 
No solar energy system shall be permitted on any government-designated historical zone or structure.
11. 
If a paragraph, subdivision, clause or provision of this section shall be judged invalid, such adjudication shall apply only to that paragraph, subdivision, clause or provision, and the remainder of this section shall be deemed valid and effective.
e. 
Violations and penalties.
1. 
It is unlawful for any person to construct, install, or operate a solar energy system that is not in compliance with this section or with any condition contained in a building permit issued pursuant to this § 22-25.
(a) 
Maximum penalty. For violation of any provision of this § 22-25, the maximum penalty, upon conviction, shall be one or more of the following: a fine not exceeding $2,000 or imprisonment for a period not exceeding 90 days, or a period of community service not exceeding 90 days, at the discretion of the Municipal Court Judge.
(b) 
Separate violations. Except as otherwise provided, each and every day in which a violation of any provision of this § 22-25 exists shall constitute a separate violation.
(c) 
Lesser penalty. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
(d) 
Minimum penalty. The governing body may prescribe that at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100.
2. 
Solar energy systems installed prior to the adoption of this § 22-25 are exempt.
[Added 12-18-2019 by Ord. No. 19-19]
a. 
To provide a realistic opportunity for affordable housing development.
a. 
Block 107, Lot 1.01.
b. 
The affordable component shall be compliant with Chapter 34, § 34-1, Affordable Housing.
a. 
Permitted uses:
1. 
Multifamily residential where a minimum of 15% of the units are set aside for affordable housing for rentals and 20% for for-sale units.
b. 
Accessory uses:
1. 
All accessory uses customarily incidental to the permitted use.
2. 
Rooftop terraces.
3. 
Structured parking as part of a building, limited to two stories.
a. 
Minimum lot area: 2.5 acres.
b. 
Minimum front yard: 20 feet.
c. 
Minimum side yard: 20 feet.
d. 
Minimum rear yard: 20 feet.
e. 
Maximum building coverage: 50%.
f. 
Maximum impervious coverage: 75%.
g. 
Maximum building height: five residential stories/50 feet.
h. 
Density: nine dwelling units per acre.
i. 
Recreational space: There shall be a minimum indoor and outdoor active or passive recreation space of at least 5% of the total site area. Buffer areas shall not be eligible as open space. The nature and design of said recreation facilities shall be responsive to the demographic and lifestyle needs of the residents therein. Rooftop terraces shall count towards recreation space.
a. 
Signage shall be subject to the requirements of § 22-42 of this chapter.
a. 
Parking and loading shall be subject to the requirements of § 22-4.6.
b. 
Structured parking is permitted.
a. 
Accessory buildings shall meet the street and property line setbacks of principal buildings.
b. 
An accessory building shall be located at least 25 feet from a principal building and at least 15 feet from another accessory building.
c. 
Swimming pools, tennis courts and other surfaced recreation facilities shall be at least 25 feet from any property line.
d. 
The maximum height of any accessory building shall be 20 feet.
e. 
No accessory building shall have a ground-floor area exceeding 2,500 square feet.
a. 
If green building techniques are used, a 5% increase in building coverage is permitted.
(Off-site and off-tract improvements: see now Chapter 33, Subsection 33-8.14.)
[Added 12-18-2019 by Ord. No. 19-20]
a. 
To provide a realistic opportunity for affordable housing development.
a. 
Block 32, Lot 2, shall be subject to an Affordable Housing Overlay Zone. This will not prohibit utilizing the property for the underlying uses in the HO High-Rise Office District.
b. 
The affordable component shall be compliant with Chapter 34, § 34-1, Affordable Housing.
a. 
Permitted uses:
1. 
Multifamily residential where a minimum of 15% of the units are set aside for affordable housing if rentals and 20% for for-sale units.
2. 
Any principal or accessory use permitted in the underlying zone as applicable to the HO High-Rise Office District.
3. 
Any other inherently beneficial uses, including, but not limited to, houses of worship, educational uses, and child-care centers.
b. 
Conditional uses:
1. 
None.
c. 
Accessory uses:
1. 
All accessory uses customarily incidental to the permitted use.
2. 
Rooftop terraces are permitted.
a. 
Minimum lot area: six acres.
b. 
Minimum front yard: 50 feet.
c. 
Minimum side yard: 50 feet.
d. 
Minimum rear yard: 50 feet.
e. 
Maximum building coverage: 35%.
f. 
Maximum impervious coverage: 75%.
g. 
Maximum building height: eight residential stories/80 feet.
h. 
Density: 22 dwelling units per acre.
i. 
Recreational space: There shall be a minimum indoor and outdoor active or passive recreation space of at least 0.75 acre for each 10 acres of site area. Buffer areas shall not be eligible as open space. The nature and design of said recreation facilities shall be responsive to the demographic and lifestyle needs of the residents therein.
j. 
Buffer: A minimum buffer of 100 feet shall be provided along all property lines abutting a single-family residence or zone. Such buffer shall include evergreen and deciduous trees, shrubs, fences, walls, and berms or any combination which will provide a visual separation and screening. The buffer area shall be kept in its natural state where wooded; and where natural vegetation is sparse or nonexistent, the area shall be planted to provide a year-round screen in accordance with a landscaping plan approved by the Board. The developer may consider donating this buffer strip as a conservation easement to the Borough.
k. 
A buffer strip of a minimum of 25 feet shall be provided along all public streets. Trees shall be planted at fifty-foot intervals and be at least four inches in caliper.
l. 
Any uses already permitted in the underlying H-O District shall be unaffected by this section, and all bulk standards as applicable to the H-O District remain in full force and effect.
m. 
Any other uses permitted in this overlay zone shall be limited to the building footprint and height of the current structure as of the date of the enactment of this section. The only exception shall be building addition or expansion for ancillary space associated with the use of the structure at the time of the expansion. The new space shall not serve to increase the occupancy level of the structure. The bulk standards of the H-O District shall apply to these other permitted uses otherwise.
a. 
Signage shall be subject to the requirements of § 22-42 of this chapter.
a. 
Parking and loading shall be subject to the requirements of § 22-4.6.
b. 
Structured parking is permitted. The number of parking stories shall not be counted towards the number of stories permitted.
a. 
Accessory buildings shall meet the street and property line setbacks of principal buildings.
b. 
An accessory building shall be located at least 25 feet from a principal building and at least 15 feet from another accessory building.
c. 
Swimming pools, tennis courts and other surfaced recreation facilities shall be at least 25 feet from any property line.
d. 
The maximum height of any accessory building shall be 20 feet.
e. 
No accessory building shall have a ground-floor area exceeding 2,500 square feet.
a. 
Green building techniques, if used, will result in a 5% increase in building coverage.
a. 
The development shall be subject to New Jersey's Stormwater Management Rules (N.J.A.C. 7:8) through the Residential Site Improvement Standards (RSIS) as implemented by the New Jersey Department of Environmental Protection (NJDEP).
An environmental impact statement is required for any major subdivision, commercial or residential developments where the development is of one or more acre, or any use wherein public assembly of 100 or more people at any one time, or any multifamily development in excess of 20 units, unless an environmental impact statement (hereinafter designated "E.I.S.") has been reviewed and approved by the Borough Planning Board. An E.I.S. will not be required for single- and two-family homes.
The purpose of requiring the E.I.S. is to permit the Planning Board of the Borough of Woodland Park to assess the impact of a proposed project upon the environment, particularly with respect to water and air resources, pollution of all kinds, drainage, waste disposal, and the landscape, and to determine as a result of reviewing the E.I.S. whether the proposed structure, subdivision or use may be undertaken without detriment to the public health, safety and welfare of the Borough of Woodland Park and the statutory purposes set forth in the Municipal Land Use Law.
a. 
The Environmental Impact Statement shall include:
1. 
The effect of the proposed development on air quality, water quality and supply, drainage, sewage and sewage facilities, conservation of plant and wildlife, noise, traffic congestion, pollution and any other factors which may objectively be determined to be possibly destructive to the environment, and whether or not these impacts are avoidable. Where appropriate, the Planning Board shall require description of any such factor in relation to technical standards or definitions promulgated by any Federal, State or County agency, or by definitions or standards accepted by recognized scientific or technical bodies.
2. 
The public costs of the proposed project, including but not limited to, the costs of additional schools, roads, sewer and water facilities, police and fire protection.
3. 
A comparison of the factors set forth in paragraphs a1 and a2 above for all permitted uses of the property in question.
4. 
Suitable planning for protection against environmental damage during construction, development, and operation of the project.
5. 
A showing that the sewer and water facilities planned for the project are adequate for the purposes intended, will be nonpolluting and will meet with fire protection and all other health and safety requirements, and shall comply with all applicable Federal, State and local codes and ordinances.
6. 
A showing that adequate on-and off-site drainage will be provided to minimize or eliminate the potential of erosion or downstream flooding.
7. 
An adequate plan for solid waste disposal.
8. 
A showing that the project will not visibly or chemically harm air quality.
9. 
A listing and an analysis of all Federal, State, County and local permits required for the project.
b. 
The E.I.S. requirements may be waived only if an objective determination is made that:
1. 
The existing site plan and subdivision requirements adequately protect the environment given the nature of the proposed development; or
2. 
Existing planning and engineering data available to the Planning Board would make preparation of a new E.I.S. redundant; or
3. 
Any other reason satisfactory to show that the absence of an E.I.S. would not be detrimental to the public good or would not impair the intent or purpose of this chapter, and would not be detrimental to the public health, safety and welfare. The rules shall provide that a presumption exists that an E.I.S. is necessary, and the applicant shall have the burden of proof of rebutting that presumption.
c. 
The Planning Board may adopt rules and regulations allowing the waiver of certain portions of the E.I.S. requirements provided that the standards for waiver of certain portions of the E.I.S. requirements provided that the standards of waiver in paragraph b1 above are complied with.
d. 
When public hearing on notice is required for Planning Board approval of any application, the E.I.S. shall be submitted in advance of such hearing, be open to public inspection, and reference to its availability for inspection shall be made in the notice of hearing.
a. 
Review and Approval. In reviewing an Environmental Impact Statement, the Planning Board shall take into consideration the effect of the applicant's proposal upon all aspects of the environment including, but not limited to, sewage disposal, water quality, water supply, preservation of trees and vegetation, protection of water courses, protection of air resources, protection of aquifers, protection of public lands and other uses and ecosystems, traffic implications and the presence of any nuisance factors such as noise, odor, or the presence of any health or safety hazards. The Planning Board may submit the Environmental Impact Statement for review to such other governmental bodies and to such consultants as it may deem appropriate. The Planning Board shall request that an advisory report be made to it by such governmental body or consultant within thirty (30) days of the submission of the Environmental Impact Statement to such governmental body or consultant. The Planning Board shall approve an Environmental Impact Statement only if it determines that the proposed development (1) will not result in appreciable harm to the natural environment; (2) has been designed with a view toward the protection of natural resources; and (3) will not place such an excessive demand upon the total resources available for such proposal and for any future proposals as to be incompatible with the general health, safety and welfare.
b. 
Conditions. The Planning Board shall set the steps to be taken to minimize adverse environmental impacts during construction and operation of the proposed project which shall constitute conditions of the approval of the Environmental Impact Statement, together with such other conditions as the Planning Board may reasonably impose. No Certificate of Occupancy shall be issued until compliance shall have been made with such conditions. Any Certificate of Occupancy issued hereunder shall be revoked by the appropriate enforcing officials should the conditions of approval not continue to be met.
c. 
Public and Quasi-Public Projects. An Environmental Impact Statement, as required herein, shall also be submitted for any public or quasi-public projects unless they are exempt from the requirements of local law by supervening County, State or Federal law.
The required site plan submissions shall be as stated in Chapter XXXIII, Subdivision and Site Plan, Section 33-5, Development Review Procedures.
Design standards, in addition to those standards provided in this Chapter XXII, Zoning, shall be as stated in Chapter XXXIII, Subdivision and Site Plan, Section 33-8, Design Standards for Site Plans.
a. 
Establishment and Membership. A Citizens' Advisory Committee, to be known as the "Design Review Committee," is hereby established for the purpose of assisting the Planning Board in its duties hereunder, but without power to take official action required of the Planning Board. The Committee shall consist of three (3) to five (5) persons one (1) of which who shall be a Council member, who shall be appointed by and serve at the pleasure of the Mayor. Insofar as practicable, the membership of the Committee shall consist of registered architects, landscape architects, professional planners or persons with similar professional training.
Any site plan involving a new building, addition to an existing building or change in the exterior design or appearance of an existing building, an application for a fence or wall as provided in Section 22-33, Fences and Walls, and any application for a sign permit provided in Section 22-42, Signs, may be referred to the Design Review Committee for review and recommendation. The Design Review Committee shall render a written report with suggested recommendations to the Planning Board, or the Subdivision and Site Plan Committee, if appropriate, within thirty (30) days of receipt of the site plan. In making its report, the Design Review Committee shall utilize the design standards set forth herein and in Chapter XXXIII, Subdivision and Site Plan. The applicant or his representative may appear before the Planning Board and be heard with respect to the submission. The Planning Board may also authorize the applicant to meet with the Design Review Committee. After the completion of its review, the Planning Board shall approve or disapprove the submission, stating its findings and the reasons for its action. Approval may be conditioned upon the applicant's adoption of specified changes in his submission. A copy of the Board's findings and official action shall be given to the applicant. Whenever a site plan requires approval by the Board of Adjustment, the same procedures set forth in this section shall be followed by the Design Review Committee and the Board of Adjustment. If necessary, a member of the Design Review Committee shall appear before the Board of Adjustment to testify as to the design review report.
a. 
Buffer areas shall require site plan approval, and are required along all lot and street lines separating residential uses from arterial and collector streets, separating a nonresidential use from either a residential use or residential zoning district line and along all street lines where loading and storage areas can be seen from the street. Buffer areas are for the primary purposes of screening views and reducing noise perception beyond the lot. Buffer widths shall be measured horizontally. No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area. The location and design of buffers shall consider the use being screened, the distance between the use and the property line, differences in elevations, the types of buffers such as dense planting, existing woods, a wall or fence, buffer height and width and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot.
b. 
Appropriate buffer widths are set forth within the regulations for each zone. However, if no width is clearly stated, the Planning Board may determine a width appropriate to the proposed use and its location. All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of shrubs or scattered planting of trees, shrubs or other plant material meeting the following requirements:
1. 
The preservation of natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the required buffer area, provided that the growth is of a density and the area is of a width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said plantings may be required.
2. 
Shrubs and hedges used in screen planting shall be at least three (3) feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.
3. 
The screen planting shall be so placed that at maturity it will not be closer than three (3) feet from any street or property line.
4. 
Evergreen species shall be at least four (4) feet, balled and burlapped; deciduous trees shall be at least two-inch caliper, balled and burlapped. All trees shall be of a species common to the area, of nursery stock and free of insects and disease.
5. 
All plants should be staked properly for at least three (3) years and shall be replaced as required by the Code Enforcement Officer to preserve the buffer's function.
6. 
Any plant material which does not live shall be replaced within one (1) growing season.
7. 
Screen plantings and landscaping shall be broken at points of vehicular and pedestrian access to assure a clear sight triangle.
Shade trees shall be planted along any street and along any residential district boundary where required. Shade trees shall have a minimum caliper of two (2) inches as measured five (5) feet above the ground and be of a species approved by the approving authority. Trees shall be planted between thirty (30) and forty (40) feet apart, in a distance from the curbline, as approved by the approving authority. Trees shall be balled and burlapped, certified nursery grown, free from insects and disease and true to species and variety. Stripping trees or filling around trees shall not be permitted unless it can be shown that construction requirements necessitate removal of trees, in which case those lots shall be replanted with trees to re-establish the tone of the area and to conform with adjacent lots. Dead or dying trees shall be replaced by the subdivider during the next recommended planting season. There shall be a minimum of one (1) shade tree per lot in the front yard.
a. 
No fence or wall hereinafter erected, altered or constructed in any zone shall exceed four (4) feet in height above ground level when located within fifteen (15) feet of any front property line.
b. 
No fence or wall hereinafter erected, altered or constructed in any residential zone shall exceed six (6) feet in height above ground level when located fifteen (15) feet or more from the front property line.
c. 
No fence hereinafter erected, altered or constructed in any business zone shall exceed the height of six (6) feet above ground level, when located fifteen (15) feet or more from the front property line.
d. 
No fence hereinafter erected, altered or constructed in any industrial zone shall exceed a height of eight (8) feet above ground level, when located fifteen (15) feet or more from the front property line.
e. 
No fence hereinafter erected, altered or constructed in any other zone of the Borough shall exceed a height of six (6) feet above ground level when located fifteen (15) feet or more from the front property line.
f. 
The foregoing restrictions shall not be applied to prevent the erection of an open wire fence, not exceeding twelve (12) feet in height above ground level, surrounding a tennis court or anywhere within a public park, public playground or public school premises or semi-public recreation area.
g. 
No solid fences above 2' shall be permitted in the front yard setback in any zone. Open fences above 2' and up to 5' are permitted. Open fencing shall mean a chain link, split rail, or post and beam fence with minimum of 3" opening and a maximum of 4" openings to not impede views.
h. 
The foregoing restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth, provided such wall does not exceed the height set forth for fences, such heights to be measured from the ground level of the highest adjacent grade.
i. 
The use of barbed wire fences, canvas and cloth fences is prohibited, except in the Industrial Zone.
j. 
All fences must be erected within the property line, and no fence shall be erected to encroach upon the public right-of-way or in such manner that any gate from said fence shall swing over the public right-of-way or adjacent property.
k. 
All fences shall be maintained in a safe, sound and upright condition.
l. 
A permit shall be obtained from the Building Department for the erection, alteration or reconstruction of any fence as defined above.
m. 
The use of electrically charged or sharp pointed fences is prohibited in any zone.
n. 
Each application for a fence permit shall be filed in duplicate on forms furnished by the Building Department, and shall be accompanied by a plan indicating the proposed location and dimensions of the fence in accordance with the following:
1. 
All plans shall be in duplicate and in sufficient detail and clarity to show the extent and character of the proposed work and that the provisions of this section are complied with, and shall show the premises property lines, the streets abutting at the nearest intersections, and the location of all structures within fifty (50) feet of the fence. One (1) such set of approved plans shall be retained by the Inspector and one (1) set shall be returned to the applicant.
2. 
All plans shall either bear the signature and seal of an architect or professional engineer or land surveyor, licensed in the State of New Jersey, or may be prepared by the property owner, provided that he certify that the plans have been prepared by himself and are accurate.
o. 
No development application shall be granted which allows the erection or continuing existence of any structure, or the parking of any vehicle, or the creation of any other visual obstruction, exceeding two and one-half (2 1/2) feet in height above street level in the triangular parcel created by using fifty (50) feet of each street line, measured from their intersection, as two (2) sides and the diagonal line connecting the two (2) 50-foot points as the third side, provided that trees and shrubs, to the extent that they do not substantially obstruct the view of the drivers approaching the intersection, shall be permitted. The only exception to this is an open fence allowed at a maximum height of four (4') within 50' of each street line.
No building hereafter shall be erected and no building shall be constructed or altered so as to exceed the height or number of stories set forth in the Schedule of Bulk Zoning Requirements.
All other height regulations are specifically set forth in the various zone requirements.
Maximum building height shall not include elevator and equipment penthouses.
a. 
In all Residence "A" Zones, the minimum livable or habitable area shall be one thousand (1,000) square feet for a one-story dwelling and one thousand four hundred (1,400) square feet for a two-story dwelling.
b. 
In all Residence "B" Zones, the minimum livable or habitable area shall be nine hundred (900) square feet for a one-story dwelling and one thousand two hundred (1,200) square feet for a two-story dwelling. In case of a lot existing at the time of the adoption of this chapter less than one hundred by one hundred (100 x 100) feet, the minimum livable or habitable area shall be seven hundred sixty-eight (768) feet for a one-story dwelling and one thousand (1,000) square feet for a two-story dwelling.
c. 
In all Residence "C" Zones, the minimum livable or habitable area for a one-family dwelling shall be seven hundred sixty-eight (768) square feet for a one-story dwelling and one thousand (1,000) square feet for a two-story dwelling. In the case of a multiple dwelling, the minimum livable or habitable area shall be seven hundred sixty-eight (768) square feet for each story.
d. 
Residential dwellings erected in business or industrial zones shall comply with the minimum livable or habitable area requirements for Residence "C" Zones.
e. 
Livable or habitable area shall be construed to mean floor space used for general living purposes. It shall not include porches, garages, or cellars or basements. Attic space with a ceiling of seven (7) feet or more and sloping to a height at the eaves of not less than four (4) feet from the floor to the underside of the rafters may be counted as livable or habitable area, providing the attic is finished and piping for water and heating have been installed.
a. 
To control the size, location, character and other pertinent features of all exterior signs or signs visible from the exterior;
b. 
To promote signage which is compatible with its surroundings, orderly, readable, and which shall promote vehicular and pedestrian safety through a visually nondistracting environment.
c. 
To discourage and render unlawful signs which contribute to visual pollution and clutter thereby promoting the aesthetics of the environs.
d. 
To promote the public health, safety and welfare by minimizing signs which are of faulty construction or which are in disrepair, or which are in any other way inimical to the public safety.
For the purposes of this section, the following words and phrases shall have the meanings as ascribed to them in this section:
a. 
Signs shall mean any device, freestanding or attached to a building or structure, or erected, painted, represented or reproduced upon or in any building or structure which displays, reproduces or includes any letter, word, name, number, modes, insignia, design, device or representation used for one (1) or more of the following purposes: to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service or other activity; to advertise any product or item; to advertise the sale or rental or use of all or any part of any premises including that upon which it is displayed; to direct vehicular or pedestrian traffic and shall include any announcement, declaration, demonstration, display, illustration, insignia or any representation used to promote the interests of any person. "Sign" shall not be construed to mean any non-illuminated sign in the interior of any structure which is not visible from the outside of the structure under normal circumstances, unless specifically designated as such in this chapter. Included in this definition are freestanding "A- frame signs" (also known as "sandwich signs") and "feather flags" (also known as "swooper flags" or "flutter flags") placed upon the sidewalk or yard of the building or business premises.
b. 
Sign—principal shall mean the primary or predominant sign on the premises displayed to identify the occupant thereof or the services rendered or a product or item available therein or a trade, business or profession carried on therein.
c. 
Sign—secondary shall mean any sign otherwise permitted by or not exempted by this section, except temporary signs, which is not a primary sign.
d. 
Sign awning/canopy shall mean a sign on or attached to a fixed or movable awning or canopy which is supported in whole or in part by the exterior of the building.
e. 
Sign flashing shall mean a self-illuminated sign on which the attached lighting is not stationary or constant in intensity or color at all times when such sign is in use. Any revolving, illuminated sign shall be considered a "flashing sign."
f. 
Sign window shall mean a sign which is mounted, painted or placed on the inside or outside of a window in such a manner that it can be viewed from the exterior of the building.
g. 
Sign flags shall mean other than official, national, State, County, or municipal flags shall be considered to be signs and shall comply with applicable regulations.
h. 
Box sign shall mean a sign illuminated from its interior upon which lettering and/or symbols are applied or affixed.
i. 
Individual letter signs shall mean a sign having no frame, or border, mounted or placed on a facade, an awning or in any other manner permitted in this section, which is comprised of: a) a logo; b) separate individual letters which, taken together convey the purpose intended by the sign, which may or may not be illuminated.
j. 
Projecting sign shall mean a sign not parallel to the facade of a building extending more than twelve (12) inches beyond the face of the building.
k. 
Signs, temporary shall mean temporary signs and shall include all signs erected for special events used to direct attention to an individual, a business, a product, a commodity or a service conducted, sold or offered on the premises or elsewhere. Such signs shall include banners, streamers of flags, pennants or other similar devices strung across, upon, over or along any premises or building.
l. 
Sign area.
1. 
The sign area of a "box sign" shall be the area of the box enclosing the illuminating apparatus to which the lettering and/or symbols is applied.
2. 
The sign area of an "individual letter sign" or "logo" shall be the area of the smallest single rectangle which encompasses all lettering and/or symbols.
3. 
The sign area of a "flat sign" shall be the area of the backing to which the lettering and/or symbol is applied.
It shall be unlawful for any person to erect, relocate, reconstruct or alter any exterior sign regulated by this chapter within the Borough, without first obtaining a sign erection permit from the Code Enforcement Official, pursuant to this section.
The Code Enforcement Official shall issue permits only for such signs as are specifically allowed for one (1) particular premises and zone district in which the premises are located.
a. 
Sign Erection Application and Fees. Any person desiring to erect or relocate any sign within the Borough shall first apply for and obtain a sign erection permit from the Code Enforcement Office as regulated by N.J.A.C. 5:23-2.16.
1. 
Each application shall be accompanied by a filing fee of one ($1.00) dollar per square foot with a minimum fee of forty ($40.00) dollars.
2. 
It shall be the duty of the Code Enforcement Official, upon filing of an application for a sign erection permit to examine such plans and specification and other data and the premises upon which it is proposed to erect the sign, and if it shall appear that the proposed sign is in compliance with all the requirements of this chapter and all other laws and ordinances of the Borough, he/she shall then issue a sign erection permit thereof. If the work authorized under an erection permit has not been completed within six (6) months after the date of issuance of the sign erection permit thereof, such permit shall become null and void.
3. 
The denial by the Code Enforcement Official of a sign permit shall be appealable to the Zoning Board of Adjustment.
a. 
The provisions and regulations of this section shall not apply to the following signs provided that such signs shall remain in safe condition:
1. 
A professional nameplate affixed to the door or adjacent wall of residential premises used in conformance with subsection 22-42.2, not to exceed eight (8) inches by twenty (20) inches.
2. 
A memorial sign or tablet, or a sign indicating the name of a building, or the date of its erection, when cut into any masonry surface or when constructed of bronze or other noncombustible material.
3. 
Signs for public convenience and welfare erected by or on behalf of the United States, the State, the County and the Borough, legal notices posted by approved governmental official or their designees, railroad crossing signs or other signs as required by law.
a. 
All temporary signs are prohibited except those specifically allowed as provided in this section.
b. 
Advertising signs shall be prohibited in all residential districts except as provided by this section.
c. 
No permanent sign shall be placed or located or displayed upon a sidewalk.
d. 
No sign shall be permitted to be erected upon the roof of any structure.
e. 
No projecting sign as defined herein shall be permitted to be erected above any sidewalk except as permitted in the CBD or NC Districts.
f. 
No sign shall be in whole or part moving, revolving, or otherwise kinetic by design.
g. 
Signs containing exposed luminous lighting are prohibited except as approved by this section.
h. 
Strings or streamers of flags, pennants, spinners or other similar devices strung across, upon, over or along any premises or building, whether as a part of any sign or not, shall not be allowed within any zone district, except those which shall be specifically exempted under subsection 22-42.6.
i. 
Flashing signs as defined in subsection 22-42.2 are prohibited.
j. 
No secondary sign shall be attached to or placed upon another sign.
k. 
No person shall place upon or attach to any tree or upon or to any telegraph, telephone or electric light pole in any street or highway within the Borough any handbill, advertisement or written, printed or partly written or printed notice of any kind except such notices as are required by law to be posted.
l. 
Signs or advertising matter of an obscene nature are prohibited.
m. 
No billboard or billboard type signs shall be erected except as permitted as a conditional use in the CBD District.
Temporary signs shall be allowed in all zones and shall comply with the following regulations:
a. 
All temporary signs except feather and A-frame type signs may be installed for a period of not more than fifteen (15) days with one (1) extension not to exceed another fifteen (15) days with proper permits and approval by the Construction Code Official pursuant to subsection 22-42.3. Each locale is limited to two (2) temporary sign approvals per year.
b. 
Temporary signs for elective office ("political signs") are permitted only after a permit is obtained from the Construction Code Official and are subject to the following regulations:
1. 
Political signs shall not be posted before thirty (30) days prior to the date of the election to which such sign pertains.
2. 
There shall be no more than one (1) political sign for each particular candidate or group of candidates located on any one (1) piece of commonly owned property.
3. 
No political sign shall exceed nine (9) square feet in total display area nor three (3) feet in any dimension. As to the local candidates for municipal office only, this particular regulation shall not take effect until January 1, 2002. Until that date the maximum size of such signs for candidates shall be twenty-four (24) square feet.
4. 
All political signs shall be removed no later than ten (10) days after the election to which they pertain.
5. 
The following persons shall be responsible under this section for the removal of any political sign posted.
(a) 
Any person, firm or corporation who shall erect or display or who shall cause or permit to be erected or displayed any political sign on premises subject to his or its control.
(b) 
Persons whose names appear on any political sign as required by N.J.S.A. 19:34-38.1.
(c) 
Any other person who actually places any political sign in any public place or public facility, even though his name does not appear thereon.
(d) 
Any person to whom the permit was issued by the Construction Code Official for the political sign posting.
6. 
No political sign shall be attached to or affixed upon any public place or public facility by any means.
7. 
The permit fee shall be waived for political signs.
8. 
One (1) permit may be issued to one (1) person or organization for more than one (1) candidate, or group of candidates covering one (1) calendar year.
a. 
All commercial signs are prohibited within a residential district except:
1. 
Real estate signs which are customary and necessary in the offering of real estate for sale or let, placed upon premises being offered.
2. 
Garage and yard sale signs as regulated by Ordinance No. 93-3, codified in Borough Code Section 8-16, Sale of Personal Property; Flea Markets and Garage Sales.
3. 
A professional nameplate or announcement sign, not larger than eight inches by twenty (8 x 20) inches as permitted by subsection 22-42.4.
4. 
Temporary signs for elective office are permitted as regulated by this section.
b. 
All other temporary signs are prohibited unless specifically approved by this section.
The only signs permitted shall be a sign or signs advertising the premises upon which it is located or displayed, or the identity of the occupancy thereof, or a service rendered therein, or a product or item available therein, or a permitted trade, business or profession carried on therein hereinafter regulated.
a. 
"Feather flags" and "A-frame signs" are subject to the following regulations:
1. 
Business establishments may display "feather flags" and "A-frame signs" only on the business premises and only during their hours of operation.
2. 
Each business establishment is permitted to display a maximum of two (2) signs simultaneously. One (1) of each type of sign may be displayed or two (2) signs of a single type may be displayed at one (1) time. For example: one (1) "feather flag" and one (1) "A-frame sign" may be displayed; or two (2) "feather flags" and no "A-frame sign"; or no "feather flags" and two (2) "A-frame signs" may be displayed at one (1) time.
3. 
"Feather flags" that are more than eleven (11) feet long, or greater than eighteen (18) inches in width are not permitted. This type of sign must be bolted down to the ground to prevent displacement from the wind.
4. 
"A-frame signs" that are more than thirty-six (36) inches high, or greater than twenty-four (24) inches in width are not permitted. This type of sign must be weighted down to prevent displacement from the wind.
a. 
Section 22-42, Signs, shall be applicable to the CBD District, unless otherwise noted in this section.
b. 
Number of Signs. Each commercial use shall be entitled to one wall-mounted, canopy, or awning sign, except that where a building has street frontage on more than one (1) street, one (1) additional sign may be permitted. Any permitted use within a building having an exterior wall facing an off-street parking area may have a second principal sign on said wall if that wall contains a pedestrian entrance to said permitted use. In the event that a building has frontage on two (2) streets and a rear entrance, three (3) signs shall be permitted, however, the size of the 3rd sign is limited to fifty (50%) percent of the size of the largest sign.
c. 
Size of Wall Signs. Wall signs for each tenant shall be limited to two (2) feet in height and ninety (90%) percent of the width of the storefront, lettering shall be limited to eighteen (18) inches in height.
d. 
Sign Advertisement. Wall signs shall advertise only the permitted use, products or service on the premises on which they are displayed.
e. 
Design Theme. A unified design theme shall be provided which integrates the architectural design, materials and colors of the primary structure, facade signs, freestanding signs, landscaping and lighting fixtures.
f. 
Canopies/Awnings. Canopies, perpendicular signage and awnings shall be permitted to overhang the pedestrian right-of-way, with a minimum vertical clearance of eight and one-half (8.5) feet, a maximum overall height of five (5) feet. Lettering on a canopy or awning shall be limited to the valance area and shall not exceed eighty (80%) percent of the linear width of the valance. The valance shall be no more than one (1) foot in height, and lettering on the valance shall be limited to six (6) inches in height.
g. 
Perpendicular Hanging Signs. Permitted subject to the following:
1. 
One hanging sign shall be permitted per first-floor business or commercial use conducted in said building.
2. 
The maximum area of said hanging sign shall be no more than five (5) square feet. The hanging sign area permitted is in addition to the wall-mounted sign permitted herein.
3. 
Hanging signs shall not be lower than eight feet from the adjacent grade plane to bottom of said sign.
4. 
Hanging signs shall be no higher than 15 feet above the adjacent grade plane to top of said sign or not higher than the top of the window frame of the second-story windows of said building, whichever is less.
5. 
Signs and supportive framework shall extend no more than 30 inches from the building face where said sign is mounted.
6. 
Hanging signs shall be tethered to prevent their swinging in the wind.
7. 
No hanging sign shall move or be animated as noted herein.
8. 
No hanging signs shall extend above the roof of any building containing such sign.
9. 
No hanging signs shall obstruct a fire escape or window opening.
10. 
Hanging signs shall comply with the maximum letter height of wall signs.
h. 
Window Signs. Window display signs, as well as affixed window signs are permitted, provided that the aggregate area employed for such purpose shall not exceed twenty-five (25%) percent of the total window area on which it is located. Signs are limited to show manufacturers' or required licenses, to indicate membership in a retail or professional organization or credit card or credit association, or advertisements referable to sales within, shall be permitted to be attached to windows on the interior of the business use.
i. 
Multi-Tenant Developments. In the case of multi-tenant developments, a sign plan shall be submitted for approval and shall include the following: letter style and size, illumination details, color, construction materials, locations and height above grade; location relative to lot lines, landscaping and on-site lighting fixtures; an indication of the location of site identification signs.
j. 
Monument signs are not permitted.
a. 
Freestanding Signs. One (1) freestanding sign shall be permitted in the AIR Zone only where the principal building is set back at least thirty (30) feet from the front lot line. The freestanding sign shall not exceed an area of 12 square feet on each side; shall not be more than six (6) feet above the ground level; and not be located closer than five (5') to any lot line.
b. 
Number of Signs. Each commercial use shall be entitled to one (1) wall-mounted, canopy, or awning sign, except that where a building has street frontage on more than one (1) street, one (1) additional sign may be permitted. Any permitted use within a building having an exterior wall facing an off-street parking area may have a second principal sign on said wall if that wall contains a pedestrian entrance to said permitted use. In the event that a building has frontage on two (2) streets and a rear entrance, three (3) signs shall be permitted, however, the size of the 3rd sign is limited to fifty (50%) percent of the size of the largest sign.
c. 
Size of Wall Signs. Wall signs for each tenant shall be limited to two (2) feet in height and ninety (90%) percent of the width of the business, lettering shall be limited to eighteen (18) inches in height.
d. 
Sign Advertisement. Wall signs shall advertise only the permitted use, products or service on the premises on which they are displayed.
e. 
Canopies/Awnings. Canopies, perpendicular signage and awnings shall be permitted with a minimum vertical clearance of eight and one-half (8.5) feet, a maximum overall height of five (5) feet. Lettering on a canopy or awning shall be limited to the valance area and shall not exceed eighty (80%) percent of the linear width of the valance. The valance shall be no more than one (1) foot in height, and lettering on the valance shall be limited to six (6) inches in height.
f. 
Window Signs. Window display signs, as well as affixed window signs are permitted, provided that the aggregate area employed for such purpose shall not exceed twenty-five (25%) percent of the total window area on which it is located. Signs are limited to show manufacturers' or required licenses, to indicate membership in a retail or professional organization or credit card or credit association, or advertisements referable to sales within, shall be permitted to be attached to windows on the interior of the business use.
g. 
Multi-tenant Developments. In the case of multi-tenant developments, a sign plan shall be submitted for approval and shall include the following: letter style and size, illumination details, color, construction materials, locations and height above grade; location relative to lot lines, landscaping and on-site lighting fixtures; an indication of the location of site identification signs. A unified design theme shall be provided which integrates the architectural design, materials and colors of the primary structure, facade signs, freestanding signs, landscaping and lighting fixtures.
1. 
One (1) freestanding monument sign shall be permitted for multi-tenant developments no greater than thirty-six (36) square feet for each side of the sign and six (6) feet in height.
h. 
Signs for convenience and gas stations.
1. 
Lettering or other insignia, which are a structural part of a gasoline pump, consisting only of a brand name, lead warning sign and other signs as required by law;
2. 
A credit card sign not exceeding one (1) square foot in area, affixed to the building or permanent sign structure of the sign next referred to;
3. 
One (1) sign bearing the brand or trade name of the station, of a design specified by the manufacturer, permanently affixed to the building or its own metal substructure, such sign not to exceed seventy-five (75) square feet in area on each side, which sign, if on its own metal substructure, shall be rigidly and securely attached to the ground surface so as to create no danger to life or limb and which sign, whether affixed to a building or on its own substructure, shall not exceed twenty (20) feet in height overall. Provided, that no such sign shall be so affixed or erected until permission in writing therefor shall have been issued by the Construction Code Official;
4. 
A sign attached to each gas pump, with the price of the product as required by law.
i. 
Signs are permitted on awnings not to exceed the applicable size regulations allowed in that zone. A sign on an awning which is not installed on the flap or vertical plane shall be considered a principal sign. Signs running in a horizontal direction are permitted on the flap or vertical plane of any permitted awning provided the sign does not exceed a height of eight (8) inches, measured from the bottom to the top of such sign or lettering.
a. 
Number of Signs. Each commercial use shall be entitled to one wall-mounted, canopy, or awning sign, except that where a building has street frontage on more than one (1) street, one (1) additional sign may be permitted. Any permitted use within a building having an exterior wall facing an off-street parking area may have a second principal sign on said wall if that wall contains a pedestrian entrance to said permitted use. In the event that a building has frontage on two (2) streets and a rear entrance, three (3) signs shall be permitted, however, the size of the 3rd sign is limited to fifty (50%) percent of the size of the largest sign.
b. 
Size of Wall Signs. Wall signs for each tenant shall be limited to five (5) feet in height and ninety (90%) percent of the width of the storefront.
c. 
Sign Advertisement. Wall signs shall advertise only the permitted use, products or service on the premises on which they are displayed.
d. 
Design Theme. A unified design theme shall be provided which integrates the architectural design, materials and colors of the primary structure, facade signs, freestanding signs, landscaping and lighting fixtures.
e. 
Canopies/Awnings. Canopies, perpendicular signage and awnings shall be permitted to overhang the pedestrian right-of-way, with a minimum vertical clearance of eight and one-half (8.5) feet, a maximum overall height of five (5) feet. Lettering on a canopy or awning shall be limited to the valance area and shall not exceed eighty (80%) percent of the linear width of the valance. The valance shall be no more than one (1) foot in height, and lettering on the valance shall be limited to six (6) inches in height.
f. 
Perpendicular Hanging Signs. Permitted subject to the following:
1. 
One hanging sign shall be permitted per first-floor business or commercial use conducted in said building.
2. 
The maximum area of said hanging sign shall be no more than five (5) square feet. The hanging sign area permitted is in addition to the wall-mounted sign permitted herein.
3. 
Hanging signs shall not be lower than eight feet from the adjacent grade plane to bottom of said sign.
4. 
Hanging signs shall be no higher than 15 feet above the adjacent grade plane to top of said sign or not higher than the top of the window frame of the second-story windows of said building, whichever is less.
5. 
Signs and supportive framework shall extend no more than 30 inches from the building face where said sign is mounted.
6. 
Hanging signs shall be tethered to prevent their swinging in the wind.
7. 
No hanging sign shall move or be animated as noted herein.
8. 
No hanging signs shall extend above the roof of any building containing such sign.
9. 
No hanging signs shall obstruct a fire escape or window opening.
10. 
Hanging signs shall comply with the maximum letter height of wall signs.
g. 
Window Signs. Window display signs, as well as affixed window signs are permitted, provided that the aggregate area employed for such purpose shall not exceed twenty-five (25%) percent of the total window area on which it is located. Signs are limited to show manufacturers' or required licenses, to indicate membership in a retail or professional organization or credit card or credit association, or advertisements referable to sales within, shall be permitted to be attached to windows on the interior of the business use.
h. 
Multi-Tenant Developments. In the case of multi-tenant developments, a sign plan shall be submitted for approval and shall include the following: letter style and size, illumination details, color, construction materials, locations and height above grade; location relative to lot lines, landscaping and on-site lighting fixtures; an indication of the location of site identification signs.
1. 
One (1) free-standing sign shall be permitted for multi-tenant developments no great than 145 SF on each side and twenty-five (25) feet in height.
i. 
Monument signs are not permitted.
j. 
Signs for convenience and gas stations.
1. 
Lettering or other insignia, which are a structural part of a gasoline pump, consisting only of a brand name, lead warning sign and other signs as required by law;
2. 
A credit card sign not exceeding one (1) square foot in area, affixed to the building or permanent sign structure of the sign next referred to;
3. 
One (1) sign bearing the brand or trade name of the station, of a design specified by the manufacturer, permanently affixed to the building or its own metal substructure, such sign not to exceed one-hundred (100) square feet in area on each side, which sign, if on its own metal substructure, shall be rigidly and securely attached to the ground surface so as to create no danger to life or limb and which sign, whether affixed to a building or on its own substructure, shall not exceed twenty-five (25) feet in height overall. Provided, that no such sign shall be so affixed or erected until permission in writing therefor shall have been issued by the Construction Code Official;
4. 
A sign attached to each gas pump, with the price of the product as required by law.
a. 
Directory Signs. One directory sign listing the users of the property, provided that four or more users have an allowed use on the property. Such sign may be freestanding or attached and shall not exceed 20 square feet in area.
b. 
Freestanding Monument Signs. One freestanding sign shall be permitted per street frontage to advertise the business on the premises. The sign shall not be greater than thirty-six (36) square feet in area. The sign shall be setback at least five (5) feet from a street line, property line, or right-of-way line. The sign height shall not exceed six (6) feet.
c. 
Wall Signs. One front-facing wall sign in permitted, provided the dimensions of such sign so not exceed 1.5 square feet per linear foot of the front building wall.
d. 
Directional Signs. Directional signs are permitted for wayfinding necessary for direction, safety, traffic or parking control on the site shall be permitted. Signs shall not exceed 2' by 2' in dimension. The top of the sign shall not exceed 48 inches in height from the ground at the base of the sign.
a. 
Directory Signs. One directory sign listing the users of the property, provided that four or more users have an allowed use on the property. Such sign may be freestanding or attached and shall not exceed 20 square feet in area.
b. 
Freestanding Monument Signs. One freestanding sign shall be permitted per street frontage to advertise the business on the premises. The sign shall not be greater than fifty (50) square feet in area. The sign shall be setback at least five (5) feet from a street line, property line, or right-of-way line. The sign height shall not exceed six (6) feet.
c. 
Wall Signs. One front-facing wall sign in permitted, provided the dimensions of such sign so not exceed 1.5 square feet per linear foot of the front building wall.
d. 
Directional Signs. Directional signs are permitted for wayfinding necessary for direction, safety, traffic or parking control on the site shall be permitted. Signs shall not exceed 2' by 2' in dimension. The top of the sign shall not exceed 48 inches in height from the ground at the base of the sign.
All signs together with all of their supports and other fastening devices shall be maintained in a clean, neat, safe and orderly manner.
Any sign existing on the effective date of adoption of this chapter which does not conform with any provision thereof, shall be deemed a nonconforming structure which may be maintained upon its present premises as set forth herein. (Ordinance 79-3, codified herein as Chapter XXII, was adopted June 20, 1979.) The right to maintain any nonconforming sign shall be eliminated: a) if the sign is substantially destroyed; b) if there is a change of use, occupancy or ownership of the structure of use to which the sign applies; c) if there is any change in the physical dimension of the sign; d) if the sign box is removed for any other reason not specifically approved.
a. 
Any change of signage for pre-existing, non-conforming business uses in residential zones shall not exceed the dimensions of the sign being replaced.
The provisions of this section shall be enforced by the Code Enforcement Officer of the Borough of Woodland Park. For any and every violation of the provisions of this section, the owner and/or lessee or tenant of a building or premises where a violation exists shall for each and every violation, and for each and every day that the violation continues as a separate offense, be subject to the penalty provided in the Code of the Borough of Woodland Park.
The purpose of this section is to set forth conditions for the siting of telecommunications towers and antenna within the Borough of Woodland Park. The goals of this section are to:
a. 
Reasonably accommodate cellular telecommunications as may legally be required by the Federal Telecommunications Act of 1996 and by the Federal Trade Commission;
b. 
Protect residential zones and uses, and the Borough community generally, from the potential adverse impacts of towers and antennas;
c. 
Require the location of any new towers in specific prioritized locations within the Borough;
d. 
Minimize the number of towers and monopoles in the Borough and encourage, as an alternative, the installation of cellular telecommunications antennas at or near the top of existing tall structures;
e. 
Encourage co-location on new and existing towers;
f. 
Require the use of innovative design, siting and camouflaging techniques so as to minimize the negative impacts of the siting of telecommunications towers and antennas.
For purposes of this section only, the following terms shall have the following corresponding meanings:
ANTENNA
shall mean any exterior transmitting or receiving device mounted on any tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
APPLICANT
for purposes of this subsection, shall mean any individual, partnership, corporation or other entity desiring to construct, erect or install an antenna, or telecommunications tower within the Borough of Woodland Park;
CELL SITE
shall mean radio antennas and related equipment that send and receive radio signals to and from subscribers' cellular telephones.
CELLULAR COMMUNICATIONS FACILITY
shall mean a commercial facility selling transmitting/receiving air facilities, available equipment and customary support facilities, access and security facilities, but shall not include microwave or television transmission.
CO-LOCATION
shall mean use of a common telecommunications tower or antenna support structure or a common site by two (2) or more wireless license holders for more than one (1) type of communications technology and/or placement of antennas on a structure owned or operated by a utility or other public entity.
FAA
shall mean the Federal Aviation Administration.
FCC
shall mean the Federal Communications Commission.
HEIGHT
shall mean, when referring to a tower or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
OWNER
shall mean, the owner of any cellular communications facility, which has been installed and/or is operated within the Borough.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
shall mean any tower or antenna for which a building permit has been properly issued, or for which a contract, lease or other agreement has been awarded or entered into by the Governing Body, prior to the effective date of this section, including towers or antennas that have not yet been constructed so long as such approval is current and not expired.
[Ordinance No. 04-3, codified herein as Section 22-43, was adopted April 7, 2004.]
TELECOMMUNICATIONS TOWER (TOWER)
shall mean and include any structure or equipment that is designed and/or used for the purpose of supporting one (1) or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes water storage towers or tanks, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term shall include the structure and any support thereof.
a. 
New Towers and Antennas. All new telecommunications towers or antennas within the Borough shall be subject to these regulations, and shall not be regulated or permitted as essential services, public utilities or private utilities.
b. 
Legally Pre-Existing Towers or Antennas. Legally pre-existing telecommunications towers and legally pre-existing antennas shall not be required to meet the requirements of this section, absent any enlargement or structural modification or the addition of any antennas.
c. 
District Height Limitations. The requirements set forth in this section shall govern the location of telecommunications towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district.
d. 
Public Property. Antennas or towers located on property owned, leased or otherwise controlled by the governing authority shall be encouraged, provided a license or lease authorizing such antenna or tower has been approved by resolution by the governing authority. Said approved publicly owned sites utilized for the purpose of constructing towers and/or antennas shall be treated as engaging in a conditional use under this section.
e. 
Amateur Radio Station Operators/Receive Only Antennas. This section shall not govern any tower, or the installation of any antenna, that is under thirty-five (35) feet in height and is owned and operated by a Federally licensed amateur radio station operator or is used exclusively for receive only antennas.
f. 
Satellite Dish Antennas. This section shall not govern any parabolic dish antennas used for transmission or reception of radio signals associated with satellites.
a. 
Principal or Accessory Use. Notwithstanding any other land use regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use otherwise, the use shall be considered accessory.
b. 
Leased Area. For purposes of determining whether the installation of a tower or antenna complies with zoning regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
c. 
State and Federal Requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
d. 
Building Codes: Safety Standards. To ensure the structural integrity of towers, the owner of a tower or antenna shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association and Telecommunications Industry Association, as amended from time to time. If, upon inspection, the Borough concludes that a tower or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower or antenna, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower or antenna into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
e. 
Nonessential Services. Telecommunications towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
f. 
Inventory of Existing Structures. Each applicant for an antenna and/or tower shall provide to the Borough Zoning Officer an inventory of all existing towers, antennas, or sites approved for towers or antennas that are either within the jurisdiction of the Borough or within one (1) mile of the border thereof, including specific information about the ownership, location, height, and design of each tower. The Borough Zoning Officer may share such information with other applicants applying for approvals under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough; provided, however, that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
g. 
Co-Location Required. The Borough mandates that carriers co-locate antennas on towers and other structures whenever possible.
h. 
Conditional Use. All telecommunications facilities in the Borough shall be conditional uses in accordance with N.J.S.A. 40:55D-67.
i. 
Site Plan Required. Site plan approval by the appropriate Borough agency consistent with this section, and the Borough's land use ordinances, shall be required for all new telecommunications facilities in the Borough including modifications to or addition of new telecommunications facilities to legally pre-existing towers, buildings or other structures.
This section shall in no way restrict or limit the powers or discretion of the Borough's Planning Board or Zoning Board of Adjustment in reviewing site plan applications, otherwise granted under law.
a. 
Wireless telecommunication facilities shall be located and approved in accordance with the following prioritized locations:
1. 
The first priority shall be legally pre-existing antennas on appropriate rights-of-way and legally pre-existing existing structures, such as buildings, towers, water towers and chimneys in any nonresidential zones;
2. 
The second priority shall be antennas or towers located on property owned, leased or otherwise controlled by the Borough, provided a license or lease authorizing the tower or antenna has been approved by the Governing Body. Any such license or lease shall be subject to all bidding requirements under all then applicable laws and regulations. The decision to extend such license or lease to an applicant shall be vested solely with the Governing Body, which shall not be governed by this section with the exception of the design standards and other requirements for communications facilities set forth in subsection 22-43.6 hereof
3. 
The third priority shall be antennas and towers in industrial districts;
4. 
The fourth priority shall be antennas and towers in business districts;
5. 
The fifth priority shall be antennas and towers in other commercial districts;
6. 
The sixth priority shall be other nonresidential property;
b. 
No tower shall be erected within five hundred (500) feet of any of the following:
1. 
Any residence;
2. 
Libraries, senior citizen centers, schools, houses of worship or public parks and playgrounds;
3. 
Any residential zone district.
No tower shall be erected within two thousand five hundred (2,500) feet of any historic district or any historic site listed, or designated as eligible for listing, on the National and/or State Register of Historic Places.
In addition to the general requirements set forth in subsection 22-43.4 hereof, the following site design standards shall apply to wireless telecommunications facilities and shall be considered part of the site plan review process and require approval pursuant to N.J.S.A. 40:55D-16 and 40:55D-50:
a. 
Antennas Mounted on Existing Structures or Rooftops.
1. 
Side and roof-mounted personal wireless service facilities shall not project more than ten (10) feet above the height of an existing building or structure nor project more than ten (10) feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may locate on a building or structure that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building or structure height.
2. 
The equipment structure shall not contain more than two hundred (200) square feet of gross floor area or be more than ten (10) feet in height. In addition, for buildings and structures, which are less than forty-eight (48) feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure.
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than ten (10%) percent of the roof area.
Equipment storage buildings, structures or cabinets shall comply with all applicable building codes.
b. 
Antennas on Legally Pre-Existing Towers. An antenna may be attached to a legally pre-existing tower in a nonresidential zone and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one (1) carrier on pre-existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:
1. 
A tower, which is modified or reconstructed to accommodate the co-location of an additional antenna, shall be of the same tower type as the legally pre-existing tower, unless reconstruction as a monopole is proposed.
2. 
A legally pre-existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section.
3. 
On-site Location
(a) 
A legally pre-existing tower, which is being rebuilt to accommodate the co-location of an additional antenna, may be moved on-site within fifty (50) feet of its existing location.
(b) 
After the tower is rebuilt to accommodate co-location, only one (1) tower may remain on the site.
c. 
New Wireless Telecommunications Facility Site Requirements.
1. 
Nonresidential Siting. Excluding antennas located on preexisting buildings or structures, which are exempt from this requirement, telecommunications towers may not be located closer than five hundred (500) feet to any residential zone district.
2. 
Fall Zone. A fall zone shall be established such that the tower is set back seventy-five (75%) percent of the height of the tower from any adjoining lot line or nonappurtenant building.
3. 
Security Fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and approved by the Borough Engineer. Towers shall also be equipped with appropriate anti-climbing measures to prevent unauthorized access.
4. 
Landscaping. The following requirements shall govern the landscaping surrounding towers:
(a) 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used or intended for residences or any other area frequented by the public. The standard buffer shall consist of a landscaped strip at least ten (10) feet wide outside the perimeter of the compound. However, at a minimum, the facility should be shielded from public view by evergreen trees at least eight (8) feet high at planting and planted in staggered double rows fifteen (15) feet on center.
(b) 
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
(c) 
The landscaping requirements set forth herein may be reduced at the sole discretion of the approving authority.
5. 
Ancillary Buildings. Any proposed building enclosing related electronic equipment shall not be more than ten (10) feet in height nor more than two hundred (200) square feet in area, and only one (1) such building shall be permitted on the lot for each provider of wireless telecommunication services located on the site. Such buildings must satisfy the minimum zoning district setback requirements for accessory structures.
6. 
Finish. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration, be painted a neutral color so as to reduce visual obtrusiveness.
7. 
Lighting. Towers shall not be artificially lighted, unless required by the F.A.A. or other applicable authority. If lighting is required, the lighting alternatives and design chosen shall cause the least disturbance to the surrounding properties and views and shall be subject to the approval of the Governing Body. The building enclosing electronic equipment may have one (1) light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is only turned on when workers are in the building.
8. 
Blending to Surroundings. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend towers and related structure into the natural setting and surrounding buildings.
9. 
Equipment Color. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
10. 
Signs. No signs shall be allowed on any antenna or tower except as may be required by the FAA or FCC or as required by the Borough Planning Board or Zoning Board of Adjustment as part of site plan approval.
11. 
Interference with Public Safety Communications. No cellular antenna and/or its related electronic equipment shall interfere with any public safety communications.
12. 
Noise. Noise level at any property line shall not exceed fifty (50) decibels or current noise standards promulgated by the State of New Jersey, whichever is less.
13. 
Parking. Parking for at least one (1) vehicle shall be provided with gravel or paved surface adjacent to any equipment building at all tower sites.
14. 
Area, Bulk and Yard Requirements:
(a) 
Minimum lot area: one (1) acre.
(b) 
Maximum height of structure: one hundred forty (140) feet, except where more than one (1) set of commercial transmitting/receiving antennas are collocated on a tower, height of the tower shall not be greater than one hundred eighty (180) feet.
15. 
Monopole. Any proposed new tower shall be a monopole unless the applicant can demonstrate that a different type of pole is necessary for the collocation of additional antennas on the tower. The applicant, at the request of the Planning Board, may be required to employ camouflage technology.
a. 
The Borough requires that licensed carriers share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for site plan approval for a personal wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. A showing of such good faith shall require and include, but not be limited to, the following:
1. 
A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;
2. 
Proof of notification by certified mail of intent to seek site plan approval to all other licensed carriers for commercial mobile radio services operating in the County;
3. 
Evidence of a sharing of information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location; and
4. 
A copy of a proposed lease or affidavit of compliance with this section.
b. 
In the event that co-location is found to be not technically feasible, a written statement of the reasons for the infeasibility shall be submitted to the Borough. The Borough may retain a technical expert in the field of RF engineering to verify whether co-location at the site is unfeasible, or is feasible, given the design configuration most accommodating to co-location. The cost(s) of any such technical expert shall be paid by the applicant. The Borough may deny approval to an applicant that has not demonstrated a good faith effort to provide for co-location.
c. 
Any applicant who intends to co-locate, or to permit co-location, pursuant to the Borough's requirement for co-location whenever possible, must submit plans and elevations which show the ultimate appearance and operation of the personal wireless service facility at full build-out.
a. 
Applications to the Borough Zoning Officer. All applications for the construction or modification of towers or antennas within the Borough shall be made to the Borough Zoning Officer who shall transmit copies to the Borough Clerk and the Borough Engineer.
The Zoning Officer shall review the application to determine if the proposed tower or antenna meets all of the conditions and requirements set forth in this section, as well as those imposed by all then applicable laws and regulations. The Zoning Officer shall respond to each such application within thirty (30) days of reviewing it.
If the Zoning Officer determines that the applicant has met all of the conditions and requirements of this section, as well as those imposed by all then applicable laws and regulations, he shall administratively approve the application.
If the Zoning Officer determines that the applicant has not met all of the conditions and requirements of this section, as well as those imposed by all then applicable laws and regulations, he shall deny the application consistent with all then applicable State, Federal and local laws.
b. 
Application Requirements.
1. 
In addition to the applicable documentation and items of information required for major site plans within the Borough's land use ordinances, the following additional documentation and items of information shall be required as part of any cellular communications facility site plan application:
(a) 
A scaled site plan clearly indicating the location and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, the setback between the proposed tower and the nearest residential unit, topography, parking and other information deemed necessary to assess compliance with the chapter.
(b) 
Documentation by a qualified expert regarding the capacity of the proposed tower for the number and type of antennas.
(c) 
Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met.
(d) 
A letter of intent by the applicant, in a form acceptable to the Borough agency, indicating the applicant will share the use of any tower with other approved cellular communications services.
(e) 
A visual sight distance analysis, graphically simulating the appearance of any proposed tower and indicating its view from at least five locations around and within one (1) mile of the proposed tower where the tower will be most visible.
(f) 
A radio frequency (RF) emissions report from a qualified expert detailing total site emissions.
2. 
Each application for a cellular communications facility shall also be accompanied by a plan, which shall reference and/or include the following:
(a) 
A site location analysis describing location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider service or engineering needs and the reason why the subject site was chosen. The site location analysis shall address the following issues:
(b) 
How the proposed location of the cellular communications facility relates to all (legally or illegally) pre-existing cellular communications facilities in the Borough's inventory, any such facilities in the abutting towns within or without New Jersey which provide service to areas within the Borough and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance, or relocation of (legally or illegally) pre-existing facilities.
(c) 
How the proposed location of the cellular communications facility relates to the objective of providing full wireless communications within the Borough of Woodland Park;
(d) 
How the proposed location of the proposed cellular communications facility relates to the location of any (legally or illegally) pre-existing antennas within the Borough and within other towns or municipalities within a five (5) mile radius of the Borough;
(e) 
How the proposed location of the proposed cellular communications facility relates to the anticipated need for additional antennas within and near the Borough by the applicant and other providers of cellular communications services within the Borough and also meets the needs for emergency services communications;
(f) 
How the proposed location of the proposed cellular communications facility relates to the objective of collocating the antennas of many different providers of wireless communications services on the same cellular communications facility tower.
(g) 
How the proposed location of the proposed cellular communications facility results in the minimal negative impact to the Borough of Woodland Park community and surrounding neighborhood.
The Reviewing Board reserves the right to retain, at the applicant's expense, any technical consultants as the Reviewing Board deems necessary to provide assistance in the review of the site location alternative analysis. The applicant shall beat the reasonable cost associated with such consultation, which cost shall be deposited in accordance with the Borough of Woodland Park's escrow provisions.
a. 
Real Property Taxes. The owner of any cellular communications facility installed and/or operated on municipal property shall pay any real estate or payments in lieu of taxes required or contributed to as a result of a lease between said owner and the Borough. The owner must, additionally, reimburse the Borough for its reasonable costs and expenses, including legal fees incurred by the Borough in the negotiation of any lease agreement.
b. 
Maintenance. The owner of a cellular communications facility shall maintain the tower and antenna in order to assure its continued structural integrity. The owner of the cellular communications facility shall also perform such other maintenance of the structure and of the site of the antenna and tower as to assure that it does not create a visual nuisance.
c. 
State and Federal Requirements. All towers must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers or antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
d. 
Building Codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local Building Codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Borough concludes that a tower fails to comply with such codes and standards and/or constitutes a danger to persons or property, then the owner of the tower shall, at his, her or its expense, bring such tower into compliance with such standards within thirty (30) days of his, her or its receipt of the Borough's notice of non-compliance or risk of danger. Failure to bring such tower into compliance within the thirty (30) day period referenced herein (or any other period which the Borough may, in its sole discretion, reasonably determine necessary for safety related reasons and accordingly notify the owner of), shall constitute grounds for the immediate removal of the tower or antenna at the owner's expense.
e. 
Annual Certifications. The owner of any cellular communications facility shall be required to submit to the Zoning Officer annual certifications that the installed equipment has been inspected, and that the same continues to meet all applicable safety standards and continues to comply with all the requirements of approval. In the event that safety standard and requirements are no longer complied with, the owner shall be required to correct such deficiencies or to remove the antennas and related structures, as applicable.
f. 
Abandonment. Any tower not operated for a continuous period of six (6) months shall be considered abandoned in which case the owner shall remove the same, at its sole cost, within ninety (90) days of receipt of an abandonment notice from the Borough. Towers that are rendered obsolete or outdated shall likewise be removed or modified in accordance with this section. Any obsolete, outdated or abandoned antenna or tower may be removed, at the sole discretion of the Borough and at the owner's expense, if such antenna or tower has not been removed within ninety (90) days of the owner's receipt of an abandonment or similar notice.
If there are two (2) or more users on a single tower, then this provision shall not become effective until all users cease using the tower or same is deemed obsolete or outdated by the Borough in its sole discretion.
The Borough may condition the issuance of any permit to construct a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than one hundred twenty (120%) percent of the cost to remove the tower and restore the property as determined by the Borough Engineer for such construction as required under all applicable Borough ordinances.
All other ordinances or parts of ordinances inconsistent or in conflict with this section are hereby repealed to the extent of any inconsistency and conflict.
Nothing contained in this section shall be construed as granting permission or authority of any kind for the continued existence or use of any pre-existing tower or antenna that is or was not legally pre-existing at or before the time this ordinance takes effect.
No building shall be erected on any lot in any district requiring site plan approval and no building permit shall be issued in connection with any use of such lot except in accordance with all the regulations of this section and in accordance with the site plan for such lot by the Planning Board in the light of the standards set forth in this Chapter XXII, Zoning, and Chapter XXXIII, Subdivision and Site Plan, Section 33-5.
Plans for site plan approval shall first be filed with the Zoning Officer for review as to compliance with all provisions of this chapter, such as yards, building height, required on-site loading and parking facilities, building coverage, lot size, common usable open space, arrangement of buildings on lot and all other applicable regulations of the zone district in which the subject property is situated. The Zoning Officer shall, if the application complies with the provisions of the Zoning Ordinance, within ten (10) days after receipt of such plans or following any additional length of time as agreed to by the applicant, file the site plans with the Planning Board for review and recommendation in the manner below set forth. At the time the plans for site plan approval are filed with the Zoning Officer, the applicant is required to submit a filing fee of seven hundred fifty ($750.00) dollars.
In reviewing any site plan, the Planning Board shall consider:
a. 
The layout of the site with respect to the arrangement and widths of driveways and walkways on the site and providing safe access thereto;
b. 
The amount of space required for automobile parking and for the loading and unloading of goods and materials, the location of such space, and access thereto;
c. 
The planting plan or plans for providing adequate landscaping and screening as required under Section 22-32;
d. 
The improvements of roadways, sidewalks, walkways, automobile parking areas and loading and unloading areas, by grading, surfacing and the installation of drainage structures and the installation of water lines and facilities for sanitary sewage subject to approval by the Municipal Engineer.
e. 
The display of signs with due regard for public safety and welfare.
f. 
All other matters set forth for their consideration pursuant to N.J.S.A. 40:55D-37.
The Planning Board shall take action in passing on the site plan pursuant to state statute or within any additional time as agreed to by the applicant. Before recommending favorable action on a site plan, the Planning Board shall obtain a report from the Municipal Engineer with special attention to the effect of approval upon existing municipal services and utilities. Should additional services or utilities be needed, the Planning Board shall forward its recommendations to the Zoning Officer within the period of time as above specified, who shall not issue final approval until the Municipal Council has entered into an agreement with the applicant regarding the development of services or utilities.
Should an applicant desire to make changes in a duly approved site plan, he shall follow the procedure as hereinabove set forth.
Editor's Note: See also Chapter XVII, Building and Housing, Section 17-8.
Zoning permits shall hereafter be secured from the Zoning Officer prior to construction, erection or alteration of any building or part of any building, costing more than one hundred ($100.00) dollars and of any stationary sign or billboard greater than forty (40) square feet in size. All requests for zoning permits shall be made in writing by the owner or his authorized agent and shall include use of the building or structure and shall be accompanied by a plan drawn to scale and dimensions, showing the proposed building in its exact relation to lot and street lines and by a written statement from the Municipal Engineer, or other satisfactory evidence to the effect that the line of the bounding street or streets has been accurately located and staked on the ground. A building permit issued in accordance with the State Uniform Construction Code shall satisfy the purposes of a zoning permit, upon satisfaction of the further conditions and requirements set forth in this chapter.
a. 
When Required. No land shall be occupied or used and no building hereafter shall be occupied or used in whole or in part for any purpose whatsoever until a Certificate of Occupancy shall have been issued by the Zoning Officer, or if such be the case, a Temporary Certificate of Occupancy issued pursuant to paragraph e. hereof.
In addition, a Certificate of Occupancy shall also be required under the following circumstances:
1. 
Prior to the rental, lease, sale or transfer of residential rental property involving a new occupancy or a new tenant of any unit of dwelling space in such property.
2. 
Prior to the rental, lease, sale, exchange or transfer of any nonresidential property involving a new owner, a new occupancy or a new tenant.
The Certificate of Occupancy shall not be issued until the land, use, building, structure or premises complies with all the provisions of this subsection, all other applicable Borough and State requirements, and if involved, with such conditions that have been required by any site plan approval. When issued, the Certificate of Occupancy shall state that such compliance has been achieved.
The fee as prescribed in subsection 22-50.2b for the Certificate of Occupancy shall be paid at the time any transfer, lease or sale or permit is filed with the Zoning Officer. After compliance by the applicant with any other such conditions or requirements as may be imposed by such other appropriate municipal body, Board or Officer, application for the issuance of a Certificate of Occupancy shall be made to the Zoning Officer and the Certificate of Occupancy shall be issued or denied within ten (10) days.
b. 
Conditions. A Certificate of Occupancy shall specify the use of the land or buildings and any circumstances or conditions imposed by any agency, code or regulations. Any change in use, including a change from one permitted use to another kind of permitted use in the same zone, as well as any change in tenancy in the nonresidential zones or in a nonconforming use in residential zones which in the opinion of the Zoning Officer changes, alters, or enlarges the previous use or which will adversely affect drainage, traffic, parking, ingress and egress, paving, landscaping or necessitate review or similar considerations under the site plan review requirements will be treated as a new use and a new Certificate of Occupancy shall be required.
In any event, under this subsection, the Certificate of Occupancy for an area of a building which area is greater than five thousand (5,000) square feet shall only be issued with approval of the Planning Board upon application through the Zoning Officer and payment of a fee of one hundred fifty ($150.00) dollars.
Prior to the issuance of a Certificate of Occupancy for the change in use, all provisions of this section shall be complied with in the same manner as if the new use or tenancy were a new structure or a new use of land.
When there is a change in use of premises within the meaning of this subsection, the owner shall notify the Zoning Officer by letter all details of the proposed change. He shall advise the owner within ten (10) days, if, in his opinion, the facts require a Certificate of Occupancy. If not so notified, the owner may undertake to use the premises for the new use.
c. 
Prerequisite of Issuance. No Certificate of Occupancy may be issued by the Zoning Officer until he has ascertained that all requirements of this subsection, any other applicable Borough or State regulations, Board of Adjustment Order, Borough Council Order, Borough Engineer Order, or site plan approval by the Planning Board are fully met. All improvements as shown on the site plan must be installed at the time of issuance of the Certificate of Occupancy.
d. 
Temporary Certificate of Occupancy for Nonresidential Uses for Up to Ninety (90) Days. In the event an applicant for any nonresidential use is unable to fully comply with all of the requirements for a permanent Certificate of Occupancy as outlined above, due to weather conditions or other forces beyond his control, he may apply for a Temporary Certificate of Occupancy. For the purpose of administering this subsection, occupancy is defined as the use of any equipment or machinery (other than construction machinery not considered part of the building), or the storage of product, merchandise, raw material or other personal property; or the use of a structure other than by those engaged in its construction.
1. 
Applications for a Temporary Certificate of Occupancy shall be made on a form provided by the Zoning Officer. Applications shall be made fifteen (15) days prior to the desired issuance date of the Certificate. Each application shall be accompanied by the appropriate fee.
2. 
After receipt of an application for a Temporary Certificate of Occupancy, the Zoning Officer shall make an inspection of the building and site in question. If the Zoning Officer finds that the applicant is unable to comply with all of the requirements for a Permanent Certificate of Occupancy for reasons as outlined in the first paragraph of paragraph d. hereof, he may issue a Temporary Certificate of Occupancy for a period of thirty (30) days provided all of the following requirements are met:
(a) 
The building is substantially completed, fully enclosed to all natural elements, and in all respect ready to accommodate the proposed use and meets the requirements of the Uniform Construction Code.
(b) 
As required by the season, heating and/or ventilating systems are in working order and meets the requirements of the Uniform Construction Code.
(c) 
The building shall have sanitary facilities installed and usable and approved by the Health Officer.
(d) 
All combustion equipment and fire protection systems shall have approval of the Bureau of Fire Prevention.
(e) 
The rough electrical installation has been inspected and accepted by the Fire Underwriters or other appropriate agency and meets the requirements of the Uniform Construction Code.
3. 
The Zoning Officer shall have the authority to extend the Temporary Certificate of Occupancy for a period thirty (30) days upon receipt of an application for renewal and payment of an additional fee. This application and the action taken shall be as permitted and regulated in paragraphs d1 and d2 hereof.
4. 
The Zoning Officer shall have the authority to issue a second renewal for a 30-day period upon receipt of an application and payment of the appropriate fee in accordance with the requirements of paragraph d1 and d2 hereof.
5. 
In no case shall the Zoning Officer issue a Temporary Certificate of Occupancy for a period to exceed thirty (30) days nor shall be renew a Certificate more than twice as regulated above. Temporary Certificates of Occupancy issued under this subsection are limited to a maximum of ninety (90) days.
e. 
Temporary Certificate of Occupancy for Longer than Ninety (90) days. It is recognized that under extreme circumstances, a temporary Certificate of Occupancy may be required for a period beyond the ninety (90) days as above regulated. In such event the applicant shall file with the Zoning Officer a request for a Temporary Certificate of Occupancy prior to the expiration of the second renewal as outlined in paragraph d4 hereof. This application shall be made sufficiently early to be referred to the Planning Board for consideration at a regular public meeting of the Planning Board, but in no case less than fourteen (14) days before such meeting. All requirements of paragraphs d1 and d2 hereof shall be complied with. The Borough Engineer will estimate the cost of completing all conditions of site plan approval. The applicant shall post a completion bond for the amount determined by the Borough Engineer with the Borough Clerk. If the bond is other than cash, a five hundred ($500.00) dollar cash escrow account will be deposited with the Borough Clerk, which shall be forfeited and used to defray the cost of collecting the completion bond if the applicant fails to comply with all of the site plan requirements within the time limits set forth on the Temporary Certificate of Occupancy issued under this subsection. A Temporary Certificate of Occupancy requiring the posting of a bond, as set forth in this subsection, shall not be issued by the Zoning Officer without approval of the Planning Board.
f. 
Maximum Period for Any Temporary Certificate of Occupancy. Notwithstanding any other provisions of this subsection, a Temporary Certificate of Occupancy shall not extend for a period longer than twelve (12) months from the date of original issuance, as regulated in this subsection.
g. 
Records and Fees. It shall be the duty of the Zoning Officer to keep a record of all applications for Certificates of Occupancy and of all such permits and Certificates issued, with a notation of all special conditions involved. He shall file and safely keep copies of all plans and specifications submitted with such applications, and the same shall form a part of the records of his office and shall be available to all officials of the Borough. Copies of Certificates of Occupancy shall be furnished upon request to any person having a proprietary or leasehold interest in the structure or land affected, upon payment of the appropriate fee.
Editor's Note: Special Permits deleted.
a. 
Filing Fee. An application for a variance or appeal to the Board of Adjustment shall be accompanied by a filing fee as provided in Chapter XXXIII, Section 33-20.7.
a. 
Any variance from the terms of this chapter hereafter granted by the Board of Adjustment or the Planning Board permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within one (1) year unless otherwise limited by the terms of the variance as originally approved by the Board of Adjustment or Planning Board from the date of entry of the judgment or determination of the Board of Adjustment or the Planning Board, except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment or the Planning Board to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding; except further, in the case of a variance which also involves a subdivision or site plan approval, the variance shall extend for a full period of preliminary or final approval or any extension thereof pursuant to the Municipal Land Use Law.
b. 
Upon timely application and for good cause shown, the Board granting any such variance may extend the term thereof as hereinabove provided by an additional period not to exceed ninety (90) days.
Editor's Note: Demolition or removal of structures, See Code Chapter XVII, Building and Housing, Section 17-12.
Due public notice and hearing shall be as required by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
The Municipal Council may, from time to time, on its own motion or on petition or other application, after public notice and hearing, amend, supplement or change the regulations and districts herein established and adopt rules and regulations for the purpose of interpreting and carrying the chapter into effect. When owners of more than fifty (50%) percent of the frontage within a district or part of a district comprising not less than one (1) block, shall present to the Municipal Council a petition or other application, duly signed, requesting the change, relocation or revision of the district or a part thereof, the Municipal Council shall act upon this request within sixty (60) days after the filing of the petition or other application with the Municipal Clerk. The petition shall be accompanied by a map showing the area for which the change of district is asked and immediately abutting property and uses thereof, and further shall be accompanied by a statement setting forth the grounds or reasons for the proposed change. All proposed changes of ordinance or relocation of districts or parts of districts shall be referred by the Municipal Council to the Municipal Planning Board for approval, disapproval or suggestions.
Failure of the Planning Board to approve or disapprove any proposed change within thirty (30) days from the date of its reference to the Board shall have the same effect as approval. In the event of an unfavorable report from the Planning Board, or in case of a protest against a proposed change signed by the owners of twenty (20%) percent or more either of the area of the lots or land included in a proposed change, or of the lots or land in the rear extending two hundred (200) feet therefrom, or of the lots or land on either side or directly opposite extending one hundred (100) feet therefrom (exclusive of street space), that change shall not become effective except by the favorable vote of two-thirds (2/3) of all members of the Municipal Council.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirement for the promotion of public safety, convenience, prosperity and general welfare.
The provisions of this chapter shall be enforced by the Zoning Officer. It shall be the duty of the Zoning Officer to keep a record of all applications for permits and a record of all permits issued with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted and the same shall form a part of the records of his office and shall be available for the use of the Municipal Council and other officials of the municipality.
For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where a violation has been committed or exists, and the lessee or tenant of an entire building or entire premises where a violation has been committed or exists, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part of a violation has been committed or exists, and the general agent, architect, builder, contractor or any other person who commits, takes part in or in a violation or who maintains any building or premises in which any violation exists, shall for each and every violation, and for each and every day that the violation continues, be subject to the penalty provided in the Code of the Borough of Woodland Park.
All other ordinances or sections of ordinances or provisions thereof which may be in conflict with this chapter are hereby repealed to the extent of such conflict: specifically Chapter XXII of the Revised Ordinance of 1972 entitled "Zoning" and all amendments thereto; Chapter XXII of the Code of the Borough of Woodland Park, 2011, entitled "Zoning" and all amendments thereto.
If any provision of this chapter or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect, and to this end, the provisions of this chapter are declared to be severable.
This chapter shall take effect immediately upon its passage and publication according to law.