[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.
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.
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.
a structure detached from a principal building located on
the same lot and customarily incidental and subordinate to the principal
building or 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.
a planned development designed for active people aged 55
and older that emphasizes social and recreational activities
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.
an establishment providing for the care, supervision, and
protection of elderly or developmentally disabled adults for a period
of less than 24 hours
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:
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.
housing for persons aged 55 and older.
a facility that provides short-term, primarily in-patient
care, treatment, and/or rehabilitation services for persons recovering
from alcohol or drug addiction
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.
a space for the display and observation of art
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.
a facility that repairs automobiles or other vehicles
a retail facility where automotive vehicles are displayed
and sold from the premises
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
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.
a financial institution that receives deposits, holds and
lends money to the public, and invests in securities.
an establishment that provides food and drink for a large
number of people at one time.
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.
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.
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.
an establishment with tables for the playing of billiards
the length of a street between two (2) street intersections.
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.
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.
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.
the area of the lot taken up by structures containing a roof.
see Height of building.
a retail establishment that sells household building, improvement,
decorating, and cleaning supplies
a facility where automotive vehicles are cleaned through
an automated system or by hand
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
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
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.
a line midway between and parallel to the two (2) streets
or property lines or as otherwise defined by the Council.
an establishment providing for the care, supervision, and
protection of children for a period of less than twenty-four (24)
hours.
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
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.
a driveway providing access from an exterior public street
to a private driveway.
a facility used for recreational, social, educational, and
cultural activities that is owned and operated by a non-profit entity
or government agency
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
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.
a lot fronting on two (2) streets at their intersection.
the duly elected Council of the Borough of Woodland Park
when referred to as the "Borough Council" or "Municipal Council."
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.
an establishment that provides dance instruction to individuals
[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 facility in which several patrons can practice golf time.
Accessory uses may include a pro shop and snack bar.
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.
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.
an establishment for the education of children or adults
in a subject matter
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.
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.
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.
space between the building line or front main wall of the
building and the front property line.
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
a retail establishment selling furniture or major appliances
the duly elected Mayor and Council of the Borough of Woodland
Park.
a free standing retail store that sells an assortment of
food, prepared food, and household cleaning items.
an establishment that provides gymnastic instruction to individuals
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.
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.
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.
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.
a facility offering transient lodging that provide sleeping
accommodations and supporting facilities.
supporting facilities may include a restaurant, bar, meeting
and banquet rooms, and limited recreational facilities.
a facility that is used for prayer and religious services
by persons of similar beliefs.
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.
manufacturing, warehouse, assembly, materials testing, printing,
or similar facility
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.
the computed area contained within the lot lines.
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 coverage is the percent of the total lot covered by buildings
and impervious surfaces. For example, houses, garages, sheds, gazebos,
driveways, parking lots and covered patios all count as part of lot
coverage.
[Added 6-16-2021 by Ord.
No. 21-12]
the mean horizontal distance between the front and rear lot
lines.
a lot not meeting minimum frontage requirements and where
access to the public street is by a private right-of-way or driveway.
a lot not bounded by a street.
a lot fronting on two (2) parallel streets or on two (2)
streets that do not intersect at the boundaries of the lot.
the mean width of the lot measured at right angles to its
depth.
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.
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.
a room or group of rooms used for conducting the affairs
of a medical professional or physician
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
an establishment, not used as a public garage, where automobiles
may be serviced with gasoline, oil, grease and accessories, for profit.
one or two-story multi-family structures which also includes
parking, open space, and recreational amenities.
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.
a room or group of rooms used for conducting the affairs
of a business, profession, service, industry, or government
the surfaced area not including driveway designed for parking
of motor vehicles.
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.
Any item stored overnight, including but not limited to materials,
trucks and or equipment, shall be kept in a completely enclosed building
or shall otherwise be screened by such walls, fences and landscaping
as may be determined by the Planning Board to be adequate to appropriately
screen such materials and equipment from outside the boundaries of
the lot.
No items, including but not limited to merchandise, materials,
trucks and or equipment, shall be displayed or stored in front of
any building or on any sidewalk within the Borough of Woodland Park.
[Added 6-16-2021 by Ord.
No. 21-12]
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.
an area where large numbers of individuals collect to participate
or observe programs, such as auditoriums, stadiums, or comparable
facilities
[Ord. No. 2017-34]
shall mean open or covered surface, which shall conform to
the setback requirements for principle structures.
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.
a driveway providing access from a common access driveway
to a private garage.
a garage not conducted as a business or used for the storage
of a commercial vehicle or vehicles.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
the selling or renting of products or goods to the general
public (no wholesale)
boarding house wherein no personal or financial services
are provided to the residents.
a method of visually shielding one (1) abutting or nearby
structure or use from another by fencing, walls, berms, or reasonably
sized plantings.
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.
a place that provides services for sale to the general public,
such as barbers, dry cleaners, etc.
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:
Only those uses are permitted in which display, sales, servicing
or processing takes place wholly within a building.
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.
Regional facilities of the following types: bank; supermarket;
department store; household furnishings and accessories.
Professional or business offices.
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.
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.
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.
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.
a facility that provides skilled nursing care to patients
for a minimum number of hours daily.
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.
a place designed and equipped for the conduct of sports and
leisure time activities, which may include fields, rinks, and courts.
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.
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.
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.
the right-of-way or established property line of a street
as indicated by dedication or by deed of record.
a thoroughfare publicly or privately owned, open to general
use and having a right-of-way of twenty (20) feet or more.
a street that has not been accepted by the municipality or
other governmental entity.
a street that has been accepted by the municipality or other
governmental entity.
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.
a building or part of a building used to show movies or used
for live performances
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.
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.
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
[Amended 2-16-2022 by Ord. No. 22-03]
The Zoning Map of the Borough of Woodland Park prepared and
submitted by Darlene Green, PP, AICP, of Colliers Engineering, dated
December 2021, and appended hereto and incorporated herein by reference,
be and is hereby approved and adopted, supplanting and replacing the
Zoning Map of 2018.
The Zoning Map may be found as an attachment to this Chapter.
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.
[Ord. No. 2017-12]
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.
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.
(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:
(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:
(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.
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.
[Amended 6-16-2021 by Ord. No. 21-12]
a.
Accessory structures shall meet the following standards.
1.
No accessory structure in any district shall be located in any required
front or side yard.
2.
An accessory structure shall be permitted in any required rear yard
subject to the following regulations.
3.
The aggregate ground area covered by any accessory structure in any
rear yard, including the ground area covered by any projections other
than cornices and caves, shall not exceed fifteen percent (15%) of
the rear yard area in any residence district or fifty percent (50%)
of the rear yard area in any business or industrial district. Excludes
Swimming Pools.
4.
No accessory structure within any residence district, shall be more
than one (1) story high with a maximum height of fifteen (15) feet
above grade level. No accessory structure in a business district shall
be more than one (1) story high with a maximum height of fifteen (15)
feet.
5.
Corner lots yards. On a corner lot in any residence district, an
accessory structure shall be located not less than the required Building
set back lines from the side street. When the rear of the corner lot
abuts a lot facing on the side street, an accessory structure shall
not be nearer the rear line of the lot on which it is erected than
the distance required for side yard widths in that district.
6.
Minimum rear yard requirements for accessory structures in a residential
zone shall be five (5) feet; in a commercial or industrial zone, it
shall be one-half (1/2) the yard requirements for principal buildings.
7.
Detached garages are considered accessory structures. Only one (1)
garage whether attached or detached is permitted per property and
one (1) shed or an accessory structure. One (1) open gazebo or a pergola
may be permitted in addition to an accessory structure.
8.
Attached garages cannot be converted to living space without the
construction of a new garage, detached or attached, equal to at least
two hundred forty (240) square feet.
b.
Swimming Pools, Private.
1.
Residential swimming pools shall be considered accessory structures
and shall meet the requirements of this section.
2.
Pools shall also meet the following requirements:
(a)
No person shall install, construct, erect or make any alteration,
addition or other improvement to any permanent private swimming pool
until he shall have obtained a building permit issued by the Construction
Code Official as in the case of any other structure.
(b)
No person shall install, construct, erect or maintain a portable
private swimming pool in any calendar year until he shall have obtained
from the Construction Code Official a portable swimming pool permit.
The application for the permit shall show the dimensions of the pool,
location marked on the survey with dimensions from the property line.
3.
No permit shall be issued for a below-ground pool until a site plan
prepared by a licensed professional engineer has been submitted and
approved by the Borough Engineer.
4.
A three hundred fifty dollar ($350.00) fee for the required engineering
services shall be submitted with site plan. In the event that the
site plan is not approved and must be resubmitted, the applicant will
be charged at the municipal engineer's hourly rate.
5.
All swimming pools including equipment, decks, ladders and pavers
must be located a minimum of six (6) feet from the property line.
6.
Every below-ground private swimming pool within the Borough shall
be completely surrounded by a fence or wall not less than four (4)
feet in height which shall be so constructed as per IRC Section R326
and the International Swimming Pool and Spa Code, Latest Edition.
7.
All private swimming pools erected, installed or constructed above
ground shall have any access ladder or steps removed from the pool
or otherwise rendered unusable when the pool is not in use as per
IRC Section R326 and the International Swimming Pool and Spa Code,
Latest Edition.
8.
Pool water shall not be drained or backwashed onto any adjoining
property. All water must be drained to the street or storm sewer system.
9.
The Construction Code Official of the Borough shall be responsible
for the enforcement of these requirements.
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.
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.
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.
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:
(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:
(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:
(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, and 6-16-2021 by Ord. No. 21-12.
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.
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:
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%.
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; amended 5-5-2021 by Ord. No. 21-10]
"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,
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.
[Added 5-5-2021 by Ord. No. 21-10]
a.
Pursuant
to section 31b of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P.L. 2021, c.16), all
cannabis establishments, cannabis distributors or cannabis delivery
services are hereby prohibited from operating anywhere in the Borough
of Woodland Park, except for the delivery of cannabis items and related
supplies by a delivery service.
b.
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in section 3 of P.L. 2021,
c.16, but not the delivery of cannabis items and related supplies
by a delivery service are prohibited
[Added 6-17-2020 by Ord. No. 20-13; amended 5-5-2021 by Ord. No. 21-10]
a.
Purpose.
The Borough of Woodland Park recognizes the allowance of outdoor dining
facilities for purpose of stimulating public interest, benefiting
economic productivity, providing an aesthetically pleasing atmosphere
in the business community and promoting the general welfare of the
residents of the Borough of Woodland Park. The purpose of this chapter
is to establish guidelines to procure and maintain a limited authorization
license to permit outdoor dining.
b.
Accessory
Use. Outdoor dining shall be permitted as an accessory use of any
eating and or drinking establishment as more fully described in the
Borough of Woodland Park General Code.
c.
OUTDOOR DINING AREA
1.
2.
OWNER
PROPERTY
RESTAURANT
SIDEWALK
TAVERN
Definitions.
As used in this chapter, the following terms shall have the meaning
indicated:
The designated area prescribed by title to the property of the
retail food establishment or tavern to be used for purposes of the
outdoor dining facility. The outdoor dining area shall be limited
to the rear yard or side yard of the property or the sidewalk area
immediately in front of the establishment's building or storefront
and must be on solid surface.
Outdoor dining areas shall include, without limitation: any
café, coffee shop, diner, dining room, delicatessen, luncheonette,
restaurant, soda fountain shop, tearoom, tavern and other retail food
establishments as defined hereunder. Outdoor dining will be restricted
to only those facilities currently conducting indoor dining or licensed
tavern businesses.
A lot, parcel or tract of land, together with the building
and structures located thereon.
That area of the public or private right-of-way reserved
for pedestrian traffic from the curb to the front line of the building
housing an eating establishment.
An establishment licensed to sell alcoholic beverages to
be consumed on the premises.
d.
License
Required. The Borough of Woodland requires the owner of a retail food
establishment or tavern to apply for and obtain an outdoor dining
facility license to operate said facility within the outdoor dining
area. No person shall operate an outdoor dining facility within the
Borough of Woodland Park without first obtaining an outdoor dining
facility license and satisfying all of the requirements of this chapter.
e.
Application
for License.
1.
An
applicant for an outdoor dining facility license must annually file
for said application with the Borough Clerk on forms supplied by the
Clerk. These forms shall require the following information and any
such additional information as deemed necessary:
(a)
The name, address, and telephone number of the applicant;
(b)
The name, address, and telephone number of the retail food establishment
or tavern where outdoor dining shall be maintained;
(c)
A detailed description of the proposed outdoor dining or tavern facility
that shall include a diagram of the dimensions of the area and the
number of tables, chairs, benches, umbrellas, and receptacles for
garbage and recyclables to be used for outdoor dining purposes;
(d)
Consent of the owner of the premises, if other than the applicant;
(e)
The signing of said forms and the providing of an insurance certificate
as more fully described herein.
2.
The
license fee for each and every premise on which outdoor dining facilities
is conducted shall be $100. Each application for a license shall be
accompanied with cash or a check payable to the Borough of Woodland
Park in the amount of the $100. The renewal fee for each subsequent
year shall be $100.
3.
The
Mayor and Council reserve the right to waive or revise fees as deemed
necessary.
f.
Insurance
required. No outdoor dining license shall be issued unless the licensee
shall have first filed adequate proof that the following insurance
requirements have been provided:
1.
The
following language/wording must appear on the insurance certificate:
"The certificate holder (the Borough Woodland Park) is included as
an additional insured with respect to losses arising solely from the
operation of the outdoor dining facility."
2.
Ten
days' written notice of cancellation must be provided to the Borough
of Woodland Park.
3.
The
insurance certificate must be written by a company licensed to do
business in the State of New Jersey and rated A or better by A.M Best
Rating and the certificate shall also state: "Rated by A.M. Best Rating."
4.
The
minimum insurance coverage requirements are:
(a)
General aggregate: $500,000;
(b)
Products and completed operation aggregate: $500,000;
(c)
Personal and advertising injury: $500,000;
(d)
Each occurrence: $500,000;
(e)
Fire damage (any one fire incident): $500,000;
(f)
Medical expense (any one person): $500,000;
(g)
Worker's compensation: statutory requirements;
g.
Indemnification.
No outdoor dining facility license shall be issued unless the licensee
first executes and files an indemnification agreement with the Borough
of Woodland Park. In consideration of the issuance of the outdoor
dining facility license, the licensee shall forever agree to defend,
protect, indemnify and save harmless the Borough of Woodland Park,
its officers, and agents, from damages, expenses, fees and costs,
including attorney's fees, that may arise out of the licensee's operation
of such outdoor dining facility.
h.
Application
Review.
1.
The
application for a license is subject to the approval of the Borough
Clerk. The application for a license and/or the applicant's investigation
report are subject to review from the following offices without limitation:
the Building/Zoning Office and the Health Department. Applications
shall not be considered until all reviews are completed.
2.
Prior
to submitting an application to the Borough Clerk for a license for
outdoor dining, site plan review and approval must be obtained from
the Zoning Officer. The fee for filing this application is $200. The
Mayor and Council reserve the right to waive or revise fees as deemed
necessary.
3.
Checklist
for requirements for site plan approval:
(a)
Letter of intent;
(b)
A site plan identifying the location of the outdoor dining area,
the required barrier between the seating area and the public circulation
areas, table, chair and bench locations, and refuse disposal location
which include the existing square footage of the indoor dining area
and the square footage of the proposed outdoor dining area;
(c)
Photographs of lots adjacent to the proposed outdoor dining area;
(d)
Photographs of the area where the outdoor dining will be located;
(e)
Detailed screening plan;
(f)
Detailed lighting plan, including details of the fixtures and levels
of proposed illumination;
(g)
Total number of seats in site, both indoor and outdoor;
(h)
The applicant must comply with the parking requirements for restaurant
uses. In calculating the required parking, all seats, both indoor
and outdoor, must be utilized.
4.
Any
applicant who is denied site plan approval may request, in writing,
a hearing on the denial decision before the Borough of Woodland Park
Planning Board/Zoning Board of Adjustment.
i.
License
terms and conditions.
1.
An
outdoor dining facility license shall be valid only through April
1 through October 31 of a given year.
2.
A new
outdoor dining facility license must be obtained or renewed yearly.
3.
An
outdoor dining facility license may not be transferred in any way.
4.
The
license shall be displayed in a conspicuous place on the premises
prior to the use of the outdoor dining facility.
j.
Restrictions
and requirements The conduct of outdoor dining pursuant to a license
issued under this chapter shall be subject to and inclusive of all
of the following restrictions and requirements.
1.
Outdoor
dining may only be in districts zoned for business, designated on
the Borough of Woodland Park Zoning Map;
2.
All
outdoor dining areas shall be immediately adjacent to the principal
restaurant or tavern;
3.
The
outdoor dining area must be clearly defined and limited by way of
a barrier, such as fencing, landscaping, a wall or as approved by
the Zoning Officer;
4.
The
outdoor dining area must not block, obstruct and/or inhibit pedestrian
traffic on public sidewalks. Pedestrian traffic must have a clear,
open and unobstructed access between the edge of the outdoor dining
tables and the curbline of the sidewalk. Such pedestrian access shall
have a minimum width of at least five feet;
5.
Any
outdoor dining area shall have adequate buffering from adjacent buildings
or sites consisting of landscaping and/or fencing or as approved by
the Zoning Officer. If the outdoor dining area abuts residentially
zoned land, the outdoor dining area shall be located a minimum of
50 feet from the common property line;
6.
Property
owners shall not place anything in an alleyway, path, or walkway or
set up tables in such a manner as to block, obstruct, or inhibit access
to such alleyways, paths or walkways;
7.
Outdoor
dining facility owners, employers, and employees shall not block,
obstruct, or inhibit a building's entrance/egress. It shall be unlawful
to block or obstruct in any manner the clear width of any exit's discharge
passageway, as determined by the clear width opening of the entrance/egress
door(s). The exit's discharge passageway shall proceed directly to
the street;
8.
Only
tables, chairs, benches, umbrellas, and receptacles for garbage and
recyclables are permitted within the outdoor dining area;
9.
Outdoor
dining facility owners, employers, and employees shall not place any
table, chair, bench, sign, umbrella or other item in such a manner
as to block or obstruct any municipal sign receptacles for garbage
and recyclables, public hydrants, or other public amenity;
10.
Outdoor
dining facility owners, employers, and employees must provide for
the disposal of garbage and recyclables. Public receptacles for garbage
shall not be used and outdoor storage of refuse shall not be permitted.
All receptacles for garbage and recyclables shall be removed at the
time of closing;
11.
The
outdoor dining area and surrounding sidewalk and property areas shall
be kept clean from any and all litter during hours of operation;
12.
If
dining, customers must be seated in the outdoor dining area during
their patronage. Outdoor dining facility owners, employers, employees
are prohibited from serving drivers or passengers of all vehicles;
13.
All
food preparation shall be indoors in the regular kitchen area of the
retail food establishment;
14.
Alcohol
service and/or consumption at the outdoor dining facility is subject
to further regulations more fully described herein;
15.
All outdoor food service is subject to the regulations contained in Chapter 12 of the New Jersey Sanitary Code;
16.
There
must be absolutely no offensive odor emanating from the outdoor dining
facility and/or outdoor dining area due to food preparation, handling,
spoilage, and/or litter;
17.
Outdoor
dining facility owners, employers and employees are prohibited from
using public utility hookups;
18.
All
lighting shall be directed towards the principal restaurant. No exterior
lighting that extends beyond the boundaries of the property or the
outdoor dining area shall be permitted;
19.
All
sound and video systems are prohibited within the outdoor dining area.
The licensee shall not direct or permit to be directed to any bell,
chime, siren or whistle, to the outdoor dining area. Bells, chimes,
sirens or whistles shall not emanate from the outside dining area.
All noise emanating from the outdoor dining area shall be kept at
such a level as to comply in all respects with the provisions of applicable
ordinances. No live entertainment is permitted;
20.
No
signs of any nature shall be permitted in the outdoor dining area,
except as previously expressed;
21.
Outdoor
dining may commence April 1 and may continue through October 31;
22.
Hours
of operation shall not be before 11:00 a.m. or after 11:00 p.m.
23.
The
outdoor dining areas must be secured and washed daily by 11:30 p.m.
24.
All
Sanitary Code, alcoholic beverage requirements, and all other laws
and regulations shall apply to the outdoor seating unless specifically
excluded;
25.
The
Borough of Woodland Park retains the right to temporarily suspend
an outdoor dining facility license to allow for construction activity,
utility repairs, special events, or other appropriate reason as determined
by the Borough Council. Reasonable advance notice must be given to
the affected outdoor dining facility licensees.
k.
Sale
and consumption of alcoholic beverages. The outdoor dining area upon
which an outdoor dining facility has been authorized to operate pursuant
to this chapter may constitute premises duly licensed for the sale
and/or consumption of alcoholic beverages, provided:
1.
The
retail food establishment or tavern of which the outdoor dining facility
is a part and an extension of is so licensed;
2.
Specific
approval has been obtained from the appropriate local and/or state
agencies of the ABC for the extension of the alcoholic beverage consumption
license to the outdoor dining area. Such approval shall be separate
from and must be obtained in addition to the license to operate an
outdoor dining facility pursuant to this chapter.
l.
Suspension
and revocation of license. Any license may be suspended or revoked
for good cause by the Borough Council, including but not limited to
a misrepresentation of the information supplied by the applicant,
the conviction of a crime, a violation of any ordinance, state or
governmental regulation, or a violation of this chapter.
m.
Enforcement.
The Borough Clerk shall be responsible for licensing and the collection
of fees. This chapter shall otherwise be enforced by the Building
Department/Construction Code Officials, Woodland Park Police Department,
and the Board of Health as to the Sanitary Code, Zoning Officer and
Property Maintenance Officer.
n.
Conflicts
and Taking Effect.
1.
Nothing
herein shall conflict with any state, federal or county requirements.
In the event that any provision herein conflicts with any state, federal
or county requirement, including any future executive orders by Governor
Murphy concerning guidelines for reopening of Stage 2, that provision
shall be stricken and the remainder of this section shall be in full
force and effect.
2.
If
any section, subsection, paragraph, sentence or any other part of
this section is adjudged unconstitutional or invalid, such judgment
shall not affect, impair or invalidate the remainder of this section.
3.
All
ordinances or parts of ordinances which are inconsistent with the
provisions of this section are hereby repealed to the extent of such
inconsistency.
4.
This
section shall take effect upon passage and publication as required
by law.
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.
SOLAR ENERGY SYSTEM
SOLAR PANEL
Definitions.
Solar panels and all associated equipment that collect, store
and distribute solar energy for heating, cooling or electricity generating.
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:
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.
[Added 12-18-2019 by Ord. No. 19-19]
a.
To provide a realistic opportunity for
affordable housing development.
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.
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.
[Added 12-18-2019 by Ord. No. 19-20]
a.
To provide a realistic opportunity for
affordable housing development.
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.
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.
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.
[Amended 6-16-2021 by Ord. No. 21-12]
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 two (2) feet shall be permitted in the front
yard setback in any zone. Open fences above two (2) feet and up to
five (5) feet are permitted. Open fencing shall mean a chain link,
split rail, or post and beam fence with minimum of three (3) inch
opening and a maximum of four (4) inch 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 wood fences shall be installed with the best or finished side
facing street lines or m municipal rights-of-way or public thoroughfares.
l.
All fences shall be maintained in a safe, sound and upright condition.
m.
A permit shall be obtained from the Building Department for the erection,
alteration or reconstruction of any fence as defined above.
n.
The use of electrically charged or sharp pointed fences is prohibited
in any zone.
o.
Houses located on corner lots shall be deemed to have one (1) front
yard for the purpose of installing a fence. The fence erected in the
side yard facing the street shall be permitted to be six (6) feet
in height, however, it shall not extend beyond the rear setback of
the house. The fence must be located three (3) feet behind the property
line and cannot obstruct the side triangle of intersections or driveways.
The fence may be constructed of wood, vinyl or similar materials.
Chain link fences are not permitted in this area. For this chapter,
the front yard shall be the side where the front entrance of the home
is located or as determined by the Building Inspectors.
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.
[Added 6-15-2022 by Ord.
No. 22-08]
Any nonconforming structure existing at the time of the passage
of this chapter which is conforming in use may be continued upon the
lot or in the structure so occupied, and any structure may be restored
or repaired in the event of destruction, provided that the restored
structure is of no greater size than the original one and occupies
no greater area than occupied by the original one and its use is not
expanded and/or intensified in any way. However, nonconforming structures
that have been voluntarily demolished, cannot be restored or repaired
under this section.
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.
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:
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.
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;
shall mean radio antennas and related equipment that send
and receive radio signals to and from subscribers' cellular telephones.
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.
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.
shall mean the Federal Aviation Administration.
shall mean the Federal Communications Commission.
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.
shall mean, the owner of any cellular communications facility,
which has been installed and/or is operated within the Borough.
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.]
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
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:
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.
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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.
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Should an applicant desire to make changes in a duly approved
site plan, he shall follow the procedure as hereinabove set forth.
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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.
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.
