Borough of Lake Como, NJ
Monmouth County
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Table of Contents
Table of Contents
Editor's Note: This Chapter XVII contains Ordinance No. 90-535 adopted on January 30, 1990. Additional amendments are noted within the text.
[Ord. No. 90-535]
A comprehensive ordinance regulating and limiting the uses of land and the uses and locations of buildings and structures; regulating and restricting the height and bulk of buildings and structures and determining the area of yards, courts and other open spaces; regulating and restricting the density of population; dividing the Borough of Lake Como into districts for such purposes; adopting a map of the Borough showing boundaries and the classification of such districts, establishing rules, regulations and standards governing the subdivision and site planning of land within the Borough; establishing a Planning Board and prescribing penalties for the violation of its provisions.
[Ord. No. 90-535]
The short form by which this chapter may be known shall be "The Development Regulations Ordinance of the Borough of Lake Como."
[Ord. No. 90-535]
This chapter is adopted pursuant to general 40:55D-1 et seq., in order to promote and protect the public health, safety, morals and general welfare, and in furtherance of the following related and more specific objectives:
To secure safety from fire, flood, panic and other natural or man-made disasters;
To provide adequate light, air and open space;
To ensure that the development of the Borough of Lake Como does not conflict with the development and general welfare of neighboring municipalities, the County and the State as a whole;
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, and preservation of the environment;
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
To provide sufficient space in appropriate locations for a variety of residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements;
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;
To promote a desirable visual environment through creative development techniques and good civic design and arrangements;
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;
To encourage senior citizen community housing construction consistent with provisions permitting other residential uses of a similar density in the same zoning district.
[Ord. No. 90-535]
The provisions of the chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions, the provisions of this chapter shall control. Where other laws, rules, regulations or resolutions require greater restrictions than are imposed or required by this chapter, the provisions of such other laws, rules, regulations or restrictions shall control.
[Ord. No. 90-535; Ord. No. 2010-842]
All uses not expressly permitted in this chapter are excluded. Adult book stores, as defined in N.J.S.A. 2C:34-3A are expressly excluded in all zones within the Borough of Lake Como. High-rise apartment houses are also excluded in any zone in which they are not expressly set forth as a permitted use by the exact terminology "high rise apartment houses." Lunch wagons are prohibited in all districts unless the requirements of Chapter IV, General Licensing, Section 4-8 Businesses not at Fixed Locations, with respect to mercantile licenses, have been met. The exterior display or storage of automobiles, trucks, motorcycles, boats, recreational vehicles and watercraft vehicles for commercial sale shall be prohibited.
[Ord. No. 90-535]
All requirements shall be met at the time of erection, enlargement, alteration, moving or change in use of the principal use and shall apply to the entire structure or structures whether or not the entire structure or structures were involved in the erection, enlargement, alteration, moving or change in use.
[Ord. No. 90-535; Ord. No. 94-599; Ord. No. 2005-753; Ord. No. 2010-842; Ord. No. 2011-861; Ord. No. 2011-865; Ord. No. 2014-894 § 1]
For the purpose of this chapter, certain phrases and words are herein defined as follows: words used in the present tense include the future; words used in the singular number include the plural number and vice versa; the word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; the word "lot" includes the words "plot," "premises" and "tract;" the word "building" includes the words "structure," "dwelling" or "residence;" the word "shall" is mandatory and not discretionary. Any word or term not defined herein shall be used with a meaning of standard usage. Moreover, whenever a term is used in the chapter which is defined in N.J.S.A. 40:55D-1, et seq., such term is intended to have the meaning as defined to the contrary in this chapter.
ACCESSORY BUILDING HEIGHT
shall mean in all zones shall be no greater than a maximum of one story and shall not exceed twelve (12) feet for any accessory structure that is one hundred (100) square feet or less in area; and shall not exceed sixteen (16) feet in height for accessory structures that exceed one hundred (100) square feet in area. The height of accessory buildings shall be measured from the average grade at the base of the structure.
ACCESSORY BUILDING OR USE
shall mean a subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or use, unless specifically permitted in other sections of this chapter.
No "accessory building or use" shall be used for a business use conducted for profit apart from the main building or use. Accessory building shall be in conformity with the height requirements of the Borough of Lake Como.
ADMINISTRATIVE OFFICER
shall mean the Borough Clerk of the Borough of Lake Como, Monmouth County, New Jersey.
ALTERATIONS
shall mean, as applied to a building or a structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement whether by extension of a side or by increasing in height or by moves from one location or position to another.
APARTMENT
shall mean a room or suite of rooms which is designed or intended to be, or in fact is used as one dwelling unit.
APARTMENT HOUSE
shall mean every building or portion thereof, which contains three or more dwelling units.
APPLICATION FOR DEVELOPMENT
shall mean the application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
AUTOMOBILE GRAVEYARD
shall mean any place where one or more motor vehicles not in running condition or not properly licensed, or parts thereof are kept or stored in the open with no intent to restore them to operating condition.
BASEMENT
shall mean a portion of the building partly underground, but having less than one-half (1/2) of its clear height below the average grade of its adjoining ground. No basement shall be used for sleeping purposes.
BILLBOARD
shall mean any structure or part thereof upon which any kind of sign or advertising matter is used for outdoor display. This definition shall not include bulletin boards used for governmental or church notices, or signs advertising the sale or lease of the premises on which they are located.
BLOCK
shall mean an area bound by two or more streets, which tend to divide it from other similar areas.
BLOCK FRONTAGE
shall mean the length of a street between two intersecting or interrupting streets.
BOARDING OR ROOMING HOUSE
shall mean any building or that part of a building where rooming units are rented with or without meals to less than 30 lodgers or less than 15 bedrooms and in which no provisions are made or permitted for cooking of any description in any bedroom or suite of rooms by the occupant thereof and in which no collective cooking or community kitchen is provided or permitted.
BUILDABLE AREA
shall mean the area of a lot remaining after the minimum applicable yard requirements have been complied with.
BUILDING
shall mean any structure whether or not enclosed wholly or in part, having a roof supported by columns, piers or walls, including tents, lunch wagons, vending machines, trailers, dining cars, camp cars or other structures on wheels, or having other supports or any unroofed structure, terrace, platform or porch, whether or not enclosed wholly or in part.
All principal and accessory buildings over one hundred (100) square feet shall be on a permanent foundation, built in accordance with the Building Code provisions of the Revised General Ordinances of the Borough of Lake Como.
Every principal building shall face a public street and shall be built upon a lot with frontage on a public street which has been improved in accordance with standards of the Borough, unless relief has been granted by the Board under the provision of N.J.S.A. 40:55D-36 or as otherwise provided herein.
An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory buildings shall be located to the rear of the front building line of the principal building, and if located in a side yard area shall conform to side yard and rear yard requirements for accessory buildings.
BUILDING AREA
shall mean the total area expressed in square feet of the outside dimensions of the principal building plus all accessory buildings.
BUILDING HEIGHT
shall mean the vertical dimension of a building measured from curb grade at the center point of the street frontage or, in the absence of a curb, measured from the curb grade closest to the center point of the street frontage to the highest point of the roof. Maximum height for flat roofs shall be 30 feet and zero (0) inches and maximum height for all other roof types shall be thirty-five (35) feet and zero (0) inches. All buildings shall be a maximum of two and one-half (2 1/2) stories in height unless otherwise noted.
BUILDING HEIGHT FOR ACCESSORY BUILDING.
See Accessory building height.
BUILDING HEIGHT FOR LOTS OF UNDERSIZED WIDTH
shall mean the maximum height for principal buildings on lots of under-sized width shall be reduced proportionally to the width of the lot (i.e. if a lot has a width that is twenty (20%) percent less than the required width, then the maximum building height would also be reduced by the twenty (20%) percent.
BUILDING LINE
shall mean the line beyond which no part of a building may be built or project.
CARPORT
shall mean an open structure attached to the main building enclosed on no more than two sides intended for the sheltering of motor vehicles and being not more than four hundred (400) square feet in area.
CELLAR
shall mean a portion of the building partly under-ground, having one-half (1/2) or more than one-half (1/2) of clear height below the average grade of the adjoining ground. No cellar shall be used for sleeping purposes.
CERTIFICATE OF INSPECTION
shall mean a certificate issued by the building inspector upon the completion of the construction of a new building or alterations to an existing building, certifying that all requirements of this chapter and in all other applicable ordinances and requirements have been complied with.
COMMUNITY BUILDING
shall mean a building for civic, social, educational, cultural and recreational uses, not operated primarily for monetary gain.
CONDITIONAL USE
shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board. The Planning Board may impose additional requirements to protect the public health, safety and welfare that it deems necessary by reason of the location or other factors related to a particular application. Such requirements shall be provided for and maintained as a condition of the establishment of the use and/or any additional increase of the use.
CONSOLIDATION
shall mean a conveyance of land so as to combine existing lots by deed or other instrument.
CURB GRADE
shall mean the elevation of the street grade as established by law; referring to a building height, it means the greatest vertical measurement of the building as computed by the curb grade at the lot centerline of the lot front.
DINERS, LUNCH CARS, PULLMAN DINERS (and similarly named structures)
shall mean any prefabricated structure brought in complete form to, or assembled on the site, designed for the serving of meals.
DRIVEWAY
shall mean the use of land for ingress and egress by vehicles of any description.
DWELLING
shall mean a building designed for and used exclusively for residential purposes.
DWELLING, MULTIPLE-FAMILY
shall mean a building designed for or containing three or more dwelling units. This definition shall not include hotel or motel.
DWELLING, SINGLE-FAMILY
shall mean a detached building designed for and used exclusively as one dwelling unit.
DWELLING, TWO-FAMILY
shall mean a detached building containing not more than two dwelling units which are entirely separated by horizontal floor or vertical wall, unpierced, except for access to the outside or to a common cellar or basement.
DWELLING UNIT
shall mean a unit of a minimum of one room and bath providing complete living facilities for one family including facilities or provisions for facilities required in the storage, preparation, serving and clearing of food.
EFFICIENCY APARTMENTS
shall mean a dwelling unit consisting of one unit and bath or one and one-half (1 1/2) rooms and bath and in which there is no separate bedroom and which has a minimum of four hundred fifty (450) square feet of overall floor space within the defining walls of the unit without regard to interior partitions, closets or dividers.
FAMILY
shall mean one or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit exclusive of household servants. A number of persons, but not exceeding two living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage shall also be deemed to constitute a family.
The families defined above may also include domestic servants, companion, housekeeper and occasional non-paying guests. However, the definition, in either case, shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie or organization, nor shall it include a group of individuals whose association is temporary and resort seasonal in character or nature.
FENCE
shall mean a structure of any material, built, erected or interposed along any lot line, or within the required yard areas of any lot or tract of land and shall include gates, walls, trestles or any frame of wood, iron or other material.
FLOOR AREA
shall mean the total enclosed floor area of a structure: (1) for residential uses such area shall not include garages, breezeways, unheated porches and the like; (2) For businesses and commercial uses such area shall include customer facilities, showcase facilities, storage and sale facilities. Headroom therein shall be at least seven (7) feet. (See also "Building area.")
GARAGE
shall mean a building or part thereof in which a motor vehicle is stored, kept or repaired. Types of garages include private, public, carport and automobile service stations as defined elsewhere in this section.
a. 
shall mean a garage as used for the accessory storage of not more than three motor vehicles, and in which no business or industry is conducted or rendered.
b. 
shall mean a garage used as a business, service or industry connected with motor vehicles either housed or unhoused, except automobile salesrooms conducted exclusively for the exhibition of not more than 10 vehicles.
A garage used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicles, fuels or accessories, or where any such vehicles are kept for hire.
c. 
shall mean a use where gasoline stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including automobile repairs and rebuilding. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.
GARDEN APARTMENTS
shall mean a group of architecturally harmonious residential buildings, not more than two and one-half (2 1/2) stories in height, constructed on one project site and operated as a single unit.
HALF-STORY
shall mean the uppermost story of a building in which a sloping roof replaces the exterior wall on at least two sides. Dormers may be incorporated into the half-story, but, in no case, shall the floor area of the half-story (with a headroom height of five (5) feet or greater) exceed 50% of the floor area of the story below.
HOME OCCUPATION
shall mean an occupation being conducted wholly or in part from a residence or the residential lot as an accessory use. Such occupations shall be conducted solely by resident occupants of the residential building or lot, except that no more than two persons not a resident of the building may be employed on the premises at any one time, and provided also that no more than two persons may report to the building and be dispatched from that location each day, that no more than nine hundred (900) square feet, or the equivalent of 25% of the first floor area of the building, whichever is smaller, shall be used for such purposes; that the minimum area for the residence shall remain at least as large as that required for residences; that no display of products shall be visible from the street; that the residential character of the building shall not be changed; that the occupation shall be conducted entirely within either the dwelling or the accessory building, but not both; that no occupational sound shall be audible outside the building; that no article shall be offered for sale from the premises; that no machinery or equipment shall be used which will cause interference with radio and television reception in the neighboring residences; and that the use does not reduce the parking or yard requirements of the principal residential use and does not generate more than 10 vehicle trips per day consistent with traffic that is normal for a single-family residence.
HOTEL
shall mean a building which (a) contains guest rooms, each having its only access from a central interior corridor or individual outside entrance, which are de-signed or intended to be used, let or hired out for compensation; (b) contains a public lobby or public registration officer serving the guest rooms; (c) may contain one or more dining rooms; and (d) has full time, on-site management. This definition shall also mean and include any motor hotel or motel which is commonly regarded as a motor hotel or motel, as the case may be, provided that this definition shall not be construed to include any building or structure defined as a multiple-dwelling in this chapter, registered as a multiple-dwelling with the New Jersey Commissioner of Community Affairs (as required under the Hotel and Multiple-Dwelling Health and Safety Law, N.J.S.A. 55:13A-1 et seq.) and occupied or intended to be occupied as such. (See dwelling, multiple-family; and dwelling unit.)
IMPERVIOUS SURFACE AREA
shall mean and include all principal buildings, accessory structures, walkways, driveways, patios, decks, etc. which do not allow for the direct percolation of rain and stormwater. For the purpose of this chapter, brick paver, loose stone, gravel and unroofed "boardwalk" type decks which allow for some percolation of stormwater shall be calculated as only 50% impervious.
INTERESTED PARTY
shall mean in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this law or whose rights to use, acquire or enjoy property under this law or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under general 40:55D-1, et seq.
JUNK YARD
shall mean a use consisting of the operating of the business of buying, selling, storing or processing objects which are unfit for their intended purpose but which have value only because of the materials or parts of which they are composed.
KENNEL
shall mean a use wherein dogs, cats or any other type of domesticated or wild animals are boarded or bred for hire or sale.
LOT
shall mean any parcel of land separated from other parcels or portions as by a subdivision plat or deed of record, survey map, or by metes and bounds; except that no portion of a street shall be included in calculating the lot boundaries or areas.
LOT AREA
shall mean an area of land expressed in square feet which is determined by the limits of the lines bounding that area.
LOT COVERAGE.
See Floor area and Building area.
LOT, CORNER
shall mean a lot at the junction of and abutting two or more intersecting streets where the interior angle of the intersection does not exceed one hundred thirty-five (135°) degrees.
a. 
On all corner lots, the depth of all yards abutting on streets, shall not be less than the minimum front yard depth required.
b. 
Lot lines of corner lots, that are coexistent with side lines of abutting lots, shall be considered side lines.
c. 
Lot lines of corner lots, that are coexistent with rear lines of adjoining lots, shall be considered rear lines.
d. 
Lot lines of corner lots, that are coexistent with lot lines of adjoining corner lots, shall be considered side lines.
e. 
Paragraphs b, c, and d, notwithstanding, each corner lot must maintain a rear yard setback for at least one yard area other than a front yard.
LOT DEPTH
shall mean the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
LOT FRONTAGE
shall mean the horizontal distance between side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width, except that on curved alignments with an outside radius of less than five hundred (500') feet, the minimum distance between the side lot lines measured at the street line shall be not less than seventy-five (75%) percent of the required minimum lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage.
LOT WIDTH
shall mean the shortest horizontal distance between the side lot lines measured at right angles to its depth. Required lot width shall be measured at the most forward allowable building line or setback line.
MANUFACTURING
shall mean a use involving the treatment or processing of raw products; and the production and assembly of articles, parts, or finished products from raw or prepared materials by giving them new forms or qualities.
MERCANTILE ESTABLISHMENT
shall mean any use or accessory use in which goods, wares or merchandise are offered for sale, or services rendered, on the premises.
MOTEL or MOTOR COURT.
See Hotel.
NONCONFORMING BUILDING
shall mean a building which in its design or location upon a lot does not conform to the regulations of this chapter for the zone in which it is located.
NONCONFORMING LOT
shall mean a lot of record existing on the date of the adoption of this chapter which does not have a minimum width, frontage, or have the rear, front or side yards or contain the minimum area for the zone in which it is located.
NONCONFORMING USE
shall mean the use of a building or of land that does not conform to the regulations of this chapter for the zone in which it is located.
NURSING HOME
shall mean any facility that provides post-recovery care or terminal care and further, where persons are housed and provided meals and where nursing care is for hire.
OFFICIAL MAP
shall mean a map adopted in accordance with the Municipal Land Use Law (Chapter 291 of the Laws of 1975, et seq.) or any prior act authorizing such adoption. Such map will be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.
PARKING AREA, PRIVATE
shall mean an open area, other than street or other public way, for the same uses as a private garage, where permitted.
PARKING AREA, PUBLIC
shall mean an open area, other than street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or an accommodation for clients or customers.
PARKING LOT
shall mean a use or accessory use where motor vehicles are stored, parked, kept or located in the open with or without charge.
PARKING SPACE
shall mean an off-street space available and accessible for the parking of a motor vehicle and which is held to be an area nine (9') feet wide and nineteen (19') feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
PERFORMANCE GUARANTEE
shall mean any security in accordance with the requirements of this chapter which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.
PLANNING BOARD
shall mean the Planning Board of the Borough of Lake Como.
PLAT
shall mean the map of a subdivision or site plan and is used interchangeably in the chapter with "plan".
a. 
shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purposes of discussion and classification and meeting the requirements of this chapter.
b. 
shall mean the preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of this chapter.
c. 
shall mean a final map of all or a portion of the subdivision or site plan which is presented to the Planning Board for final approval in accordance with these regulations.
PORCH, OPEN
shall mean a roofed piazza, porch or porte cochere which projects beyond the main wall of a building and which does not encroach upon any open space required by this chapter.
PORCH, OPEN FRONT
shall mean covered one-story unenclosed porch which projects into the front yard setback area in accordance with subsection 17-9.1d, under NOTE, and conforms to the following requirements: (a) The finished floor elevation of the porch is no greater than four feet above the average grade elevation at the perimeter of the porch; (b) No "open front porch" shall be enclosed with any material other than screen mesh, nor shall there be any construction between the roof and an "open" safety railing, except for columns, posts or girders necessary to support the roof. The safety railing shall not exceed thirty-eight (38) inches in height above the open porch floor and shall present no more than a minimal (50% maximum) obstruction to view.
PRINCIPAL BUILDING
shall mean a building or buildings in which is conducted the main or principal use of the lot on which the building is situated.
PUBLIC PURPOSE USES
shall mean the use of land or buildings by the Governing Body of the Borough of Lake Como or any officially created authority or agency thereof.
RESTAURANT
shall mean any retail food establishment (as defined in Chapter 12 of the New Jersey State Sanitary Code), however designated, at which food is sold primarily for consumption on the premises. However, no transactions may be made on the street or sidewalk.
RESTAURANT, DRIVE-IN OR TAKE-OUT
shall mean any retail food establishment (as defined in Chapter 12 of the New Jersey State Sanitary Code) such as a restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served primarily for consumption at counters, stools or bars outside the building or primarily for consumption in automobiles by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building. However, no transactions may be made on the street or sidewalk.
RESUBDIVISION
shall mean (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or (2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
SETBACK LINE
shall mean a line within any lot, marking the limits of a required yard space, parallel to the property line between which no building or portion thereof may be erected except as provided in this chapter. Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projection of sills, belt courses, chimneys, vents, flues, buttresses, ornamental features and eaves, provided, however, that none of the aforesaid projections shall extend into any yard more than eighteen (18) inches. But, in no case shall a yard area be reduced in size to less than 2.8 (2'10") feet at any point lower than eight (8) feet above grade except for mechanical vents.
SIGN
shall mean any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.
SITE PLAN REVIEW
shall mean the examination of the specific development plans for a lot. Wherever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Borough.
STORY
shall mean that part of a building between the surface of any floor and the next floor above it. A "split level" story shall be considered a second story if its floor level is six (6) feet or more above the level of the line of the finished floor below it, except a cellar.
STREET
shall mean any street, avenue, boulevard, road, lane, parkway, viaduct, drive or other way: (1) which is an existing State, County or municipal roadway; or (2) which is shown upon a plat heretofore approved pursuant to law; or (3) which is approved by official action as provided by general 40:55D-1 et seq.; or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
SUBDIVIDER
shall mean any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or another with the written consent of the owner according to the provisions of this chapter.
SUBDIVISION
shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: (1) divisions of property by testamentary or intestate provisions; (2) divisions of property upon court order; and (3) conveyances so as to combine existing lots by deed and other instrument. The term "subdivision" shall also include the term "resubdivision."
a. 
shall mean any subdivision of land fronting on an existing street that does not involve: (1) the creation of more than three lots (two new lots and the remaining parcel); (2) planned development; (3) any new street; and (4) the extension of any off-tract improvement.
Any readjustment of lot lines resulting in no additional lots shall be classified as a minor subdivision.
b. 
shall mean any subdivision not classified as a minor subdivision.
SWIMMING POOL, PORTABLE
shall not be subject to the requirements of Section 17-10 and shall mean those pools which are otherwise not permanently installed; do not require water filtration, circulation and purification; do not exceed a water surface of one hundred (100) square feet; do not exceed eighteen (18") inches in depth; and do not require braces or supports.
SWIMMING POOL, PRIVATE RESIDENTIAL
shall mean and include artificially constructed pools, whether located above or below the ground, having a depth of more than eighteen (18") inches and/or a water surface of one hundred (100) square feet or more; designed and maintained for swimming purposes by an individual for use by members of his household and guests and which is located on a lot as an accessory use to a detached dwelling and shall include all buildings, structures, equipment and appurtenances thereto.
SWIMMING POOL, PUBLIC
shall be defined as any pool other than a private residential swimming pool designed to be used collectively by persons for swimming and bathing purposes, including pools designed as part of any hotel or motel use or apartment or townhouse development.
TOWNHOUSE COMPLEX
shall mean an integrated scheme of townhouse dwelling structures and common tracts and facilities.
TOWNHOUSE DWELLING STRUCTURE
shall mean a structure containing two or more townhouse dwelling units.
TOWNHOUSE DWELLING UNIT
shall mean one of a series of single-family dwelling units which may be attached by a common wall between it and the adjacent units together with individual rear or front yard designed as an integral part of each unit, and having been constructed in conformity with an approved site and design plan.
TRAILER, CAMPER OR MOBILE HOME
are divided into the following definitions:
a. 
shall mean a vehicle with or without motor power, over thirty (30') feet in length or over eight (8') feet in width, designed to be used as living and sleeping quarters, or as an office, or place of business. Mobile homes are prohibited and forbidden in any zone in the Borough of Lake Como.
b. 
Recreational equipment and vehicles, limited to thirty (30') feet in length and eight (8') feet in width, in the following categories: (1) a "travel trailer" is a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer; (2) a "pickup camper" is a structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation use; (3) a "motorized home" is a portable dwelling designed and constructed as an integral part of a self-propelled vehicle; (4) a "folding tent trailer" is a folding structure, mounted on wheels and designed for travel and vacation use. No vehicle described in this section shall be used for living purposes.
USE
shall mean the specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
YARD, FRONT
shall mean the required open space extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured at right angles to the front lot line.
YARD, REAR
shall mean the required open space extending the full width of the lot and lying between the rear line of the lot and the nearest line of any principal building on the lot. The depth of the rear yard shall be measured at right angles to the rear lot line.
YARD, SIDE
shall mean the required open space between the side line of the lot and the nearest line to the building and extending to the front yard line, to the rear yard line, or in the absence of either such yards, to the street or rear lot lines, as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
ZONING BOARD or BOARD OF ADJUSTMENT
shall mean the Planning Board of the Borough of Lake Como.
[Ord. No. 90-535; Ord. No. 90-538]
For the purpose of this chapter, the Borough is hereby divided into five (5) districts as follows:
1.
Residential
R-60
2.
Residential
R-50
3.
Residential
R-40
4.
Multi-Family
MF
5.
General Business:
GB
[Ord. No. 90-535; Ord. No. 90-538; Ord. No. 2009-832; Ord. No. 2011-855]
The boundaries of these zoning districts are established on the map entitled "Zoning Map of the Borough of Lake Como, Monmouth County, New Jersey" dated November 12, 2010, which amends the zoning map dated July 21, 2009, prepared by Birdsall Engineering, Inc., accompanied by Ordinance No. 2009-832, and is hereby made part of this chapter and will also be made part of the Master Plan of the Borough of Lake Como. The map may be found on file in the Borough offices.
[Ord. No. 90-535]
Zoning district boundary lines are intended to follow street center lines, railroad rights-of-way, and lot or property lines as they exist on lots of record at the time of enactment of this chapter unless otherwise indicated by dimensions on the Zoning Map. Any dimensions shown shall be in feet and measured horizontally and, when measured from a street, shall be measured from the street right-of-way line even if the centerline of that street is used for the location of a zoning district line. The exact location of any disputed zoning district boundary line shall be determined by the Board of Adjustment. The zoning standards, controls and designations apply to every structure, lot and use within each district, and the district lines extend vertically in both directions from ground level.
[Ord. No. 90-535]
Where a zoning district boundary line divides a lot other than by following a street, any use permitted in either district may be extended not more than twenty (20) feet into the adjacent district. A use permitted in the zoning district so extended shall thereafter be a permitted use in the extended area. A zoning district line, however, shall be altered only once by utilizing this section of the chapter, after which the lot use shall be governed by the regulations of the zoning district in which it is located after the zoning district boundary line adjustment.
[Ord. No. 90-535; Ord. No. 90-538]
No building or premises shall be used, and no building shall be erected or altered except in conformity with the regulations prescribed for the zone in which such buildings or premises are located. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which they are located and so that all lots have frontage.
[Ord. No. 90-535; Ord. No. 94-599; Ord. No. 2005-753; Ord. No. 2010-842; Ord. No. 2011-861; Ord. No. 2011-865; Ord. No. 2012-871; Ord. No. 2014-894 §§ 2-4]
a. 
Principal Permitted Uses on Land and in Buildings.
1. 
Single-family detached dwelling units.
2. 
Public playgrounds, parks and public purpose uses.
3. 
Public and private day schools of elementary and/or high school grade not operated for profit.
b. 
Accessory Uses Permitted.
1. 
Private residential swimming pools (see subsection 17-10.11 for standards).
2. 
Private residential utility sheds not to exceed 10 feet in height and one hundred (100) square feet in area.
3. 
Off-street parking and private garages for storage of a maximum of three vehicles. The garage shall not exceed sixteen (16) feet in height.
4. 
Fences and walls (see subsection 7-10.4).
5. 
Home occupation (see Section 17-7).
c. 
Building Height. See Section 17-7 for "Building height" and "Building heights for lots of undersized width." The maximum allowable height for buildings on lots with undersized width shall have the maximum allowed building height reduced by the same percentage that the lot is undersized in width (i.e. 30 foot wide lot where forty (40) foot lot is required is only seventy-five (75%) percent of the required width, therefore, the allowed maximum height would be only seventy-five (75%) percent of the normal thirty-five (35) foot height allowed or twenty-six (26) feet inches maximum height).
d. 
Area and Yard Requirements:
Principal Building
Minimum Requirements
R-60
R-50
R-40
Lot Area
6,000 sq. ft.
5,000 sq. ft.
4,000 sq. ft.
Lot Frontage
60 feet
50 feet
40 feet
Lot Width
60 feet
50 feet
40 feet
Lot Depth
100 feet
100 feet
100 feet
Front Yard Setback (1)*
25 feet
20 feet
20 feet
Rear Yard Setback
10 feet
10 feet
10 feet
Side Yard Setback
5 feet and 10 feet
5 feet (each)
3 feet (each)
*(1)
The front yard setback for properties on North Boulevard between Main Street and Fernwood Road shall be a minimum of sixty (60) feet.
NOTE:
Front yard setback for all zones (including zones R-60, R-50 and R-40) shall be as above or the average of the front yard setbacks for the block from intersection to intersection on the same side of the street, whichever is less. In addition, first floor covered open porches and/or uncovered decks may extend a maximum depth of eight (8) feet into the required front yard area as long as the distance from the front edge of the open porch/deck to the front property line maintains a minimum setback of 10 feet, but in no case shall the front edge of any steps be closer than two feet to a Borough sidewalk. (Note: The average setback measurements shall be the responsibility of the applicant and shall be certified by a surveyor, engineer, architect or Zoning Officer. Said front yard setback measurements shall be taken from a permanently enclosed living area to the front yard property line. Example: In order to have an eight (8) foot deck or open porch, a front yard setback of at least eighteen (18) feet from the permanent living area to the front yard property line would be required.)
e. 
Maximum Lot Coverage:
1. 
Building area coverage shall be limited to a maximum of forty (40%) percent of the total lot area for buildings, including the principal building, accessory buildings and decks. Building area coverage shall be thirty-five (35%) percent on undersized lots or forty (40%) percent with a garage.
2. 
Impervious area coverage shall be limited to a maximum of sixty (60%) percent of the total lot area including buildings, decks, sidewalks, driveways, patios, etc. (Note: Dry-laid brick pavers, gravel and open "boardwalk" decking over a pervious sub-base shall for this definition be calculated as 50% impervious.)
3. 
In addition, the impervious area coverage for any required front yard area shall be further limited to a maximum of 50% of the required front yard area, leaving a minimum of 50% open for landscaping area. (Note: Dry-laid brick pavers, road gravel and open "boardwalk" decking reduction listed above shall not be valid for the required front yard calculation). The required front yard area shall be measured from the required front yard setback line to either the front property line or the edge of any existing Borough sidewalk, whichever is closer.
[Ord. No. 90-535; Ord. No. 2010-842]
a. 
Principal Permitted Uses on the Land and in Buildings.
1. 
Garden apartments (see subsection 17-10.3 for additional standards).
2. 
Townhouses (see subsection 17-10.12 for additional standards).
3. 
Single-family detached dwelling units.
b. 
Accessory Uses Permitted.
1. 
Playgrounds, conservation areas and parks.
2. 
Off-street parking (see subsection 17-10.7).
3. 
Fences and walls (see subsection 17-10.4).
4. 
Public swimming pools designed to be used collectively by persons for swimming and bathing purposes as part of any garden apartment or townhouse development.
c. 
Maximum Building Height. See Section 17-7 "Building height."
d. 
Area and Yard Requirements.
1. 
The minimum tract size shall be one acre including the areas of existing streets and water areas within; the tract boundary lines provided they total no more than two (2%) percent of the tract area. All plans shall delineate the boundaries of the portion(s) of the tract devoted to each use.
Lot Area
1 acre
Lot Frontage
350 feet
Lot Width
350 feet
Lot Depth
N/A
Side Yard
25 feet
Front Yard
40 feet to any external street
Rear Yard
50 feet
No separate free-standing building shall be closer than 10 feet to any other building on a site and no building shall be designed or located so that the distance from any window of any room used for human habitation is less than 30 feet from the wall of any structure on the site, such distance to be measured by a line perpendicular to the plane of the surface of said window.
2. 
Minimum yard areas shall be measured horizon-tally in feet and shall be measured away from the front, side and rear of each building. The total minimum distance between buildings shall be the sum of the two abutting yard areas.
3. 
Land area equal to at least two hundred fifty (250) square feet for each dwelling unit shall be specified on the site plan and improved by the developer as active recreation areas for use by the residents of the development.
4. 
All portions of the tract not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or re-establish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.
5. 
For single-family detached dwelling units see "Area and Yard Requirements" for the single-family residential zone.
e. 
Gross Floor Area Minimums.
1. 
Garden Apartments:
(a) 
Efficiency unit: 550 square feet
(b) 
One-bedroom unit: 750 square feet
(c) 
Two-bedroom unit: 900 square feet
2. 
Townhouses:
(a) 
One-bedroom unit: 850 square feet
(b) 
Two-bedroom unit: 1,050 square feet
(c) 
Three-bedroom unit: 1,250 square feet
Each additional bedroom shall require that a minimum of one hundred fifty (150) additional square feet to be added to the gross floor area of an apartment and two hundred (200) additional square feet be added to the gross floor area of a townhouse.
No building shall contain more than one two-bedroom unit for each four one-bedroom units; for the purpose of this chapter, a bedroom is defined as a room which is or can be used primarily for sleeping.
f. 
Density. Garden apartments and/or townhouses shall not exceed a density of sixteen (16) units per acre.
g. 
Minimum Off-Street Parking. Two (2) spaces for each apartment or townhouse dwelling unit.
h. 
Minimum Off-Street Loading. Adequate trash and garbage pick-up locations shall be provided within a totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three.
i. 
Signs. See subsection 17-10.10.
[Ord. No. 90-535; Ord. No. 95-610; Ord. No. 95-610A; Ord. No. 96-630; Ord. No. 98-648; Ord. No. 2005-751; Ord. No. 2007-808; Ord. No. 2010-842]
a. 
Principal Permitted Uses on the Land and in Buildings.
1. 
(Reserved)
2. 
Restaurants including bars, taverns, package good stores, nightclubs, dance halls, and businesses having alcoholic beverage licenses shall only be permitted uses for property located between the north side of Redmond Avenue and 16th Avenue on Main Street, having Main Street frontage, both east and west sides of Main Street, including all property from the curbline of Main Street extending back one hundred fifty (150) feet east and west respectively and on the west side of 16th Avenue between Main Street and the railroad tracks. Restaurants including bars, taverns, package good stores, nightclubs, dance halls and businesses having an alcoholic beverage license shall be prohibited uses in all other sections of the general business district as well as the remaining sections of the Borough of Lake Como.
3. 
Department stores.
4. 
Banks, including drive-in facilities.
5. 
Offices and office buildings.
6. 
Theatres with a minimum seating capacity of one hundred (100) seats and music, art and dance studios.
7. 
Public utility uses as a conditional use (see subsection 17-11.3 for standards).
8. 
Public purpose uses.
9. 
Undertaking and funeral services.
10. 
Nursing homes.
11. 
(Reserved)
12. 
Churches.
b. 
Accessory Uses Permitted.
1. 
Off-street parking (see subsection 17-10.7).
2. 
Fences and walls (see subsection 17-10.4).
3. 
Garages to house delivery trucks or other commercial vehicles.
4. 
Temporary construction trailers and one sign not exceeding thirty-two (32) square feet, (advertising the prime contractor, subcontractor(s), architect, engineer, financing institution and similar data) may be permitted for the period of construction beginning with the issuance of a construction permit, until the completion of the building or for one year, whichever is less, provided that the trailer and sign are on the site of construction taking place.
5. 
Public swimming pools designed to be used collectively by persons for swimming and bathing purposes as part of any hotel, motel, garden apartment or townhouse development.
c. 
Conditional Uses.
1. 
Street-Oriented Mixed-Use Zone.
(a) 
Purpose. To provide a variety of opportunities for retail sales and services, office space, and residential living in a vibrant, street-oriented community. This district is centered on Main Street. The design of the Street-Oriented, Mixed-Use Zone is encouraged to be traditional downtown styling, that is, two- and three-story buildings set right on the first floor and residential units on the second and higher stories. Residential uses are envisioned to be upper-end one- to two- bedroom units. Townhouses are envisioned to be located behind the buildings which front on Main Street.
(b) 
Permitted Principal Uses:
(1) 
Professional offices on the street level of properties fronting Main Street.
(2) 
Business offices on the street level of properties fronting on Main Street.
(3) 
Retail sales of goods and services on the street level of properties fronting Main Street, except:
[a] 
Large food stores exceeding eight thousand (8,000) square feet, commonly called supermarkets.
[b] 
Pawn shops and adult bookstores.
[c] 
Shops that offer for sale firearms and/or ammunition.
[d] 
Go-Go bars or other establishments where dancers entertain the general public.
[e] 
Drive-in fast food sales.
(4) 
Personal service establishments on the street level of properties fronting on Main Street except:
[a] 
Massage parlors, except therapeutically certified massages from accredited schools are permitted.
[b] 
Tattoo parlors/body piercing.
[c] 
Tarot, palm readers, psychics.
(5) 
Banks, trust companies, and deposit institutions.
(6) 
Restaurants.
(7) 
Professional and business offices on the second level of properties fronting on Main Street.
(8) 
Residential dwelling uses on floors above the street level floor. Each dwelling unit shall have a minimum of 1,000 square feet of habitable floor area, and shall have no more than two bedrooms.
(9) 
Townhouses. Each townhouse shall have a minimum of one thousand five hundred (1,500) square feet of habitable floor area and shall have no more than two bedrooms.
(10) 
Multiple principal buildings are permitted on each lot in this zone.
(c) 
Permitted Accessory Uses.
(1) 
Off-street parking for residential dwelling units not permitted in front yard. Parking must not interrupt of the continuity of the shopping pedestrian realm.
(2) 
Fences and walls, in accordance with subsection 17-10.4 hereof.
(3) 
Signs, in accordance with subsection 17-10.10 hereof.
(4) 
Public swimming pools are part of any townhouse development.
(5) 
Playgrounds, conservation areas and parks.
(d) 
Area, Yard and Structure Requirements.
(1) 
Minimum lot area: seven thousand (7,000) square feet.
(2) 
Minimum lot frontage: fifty (50) feet.
(3) 
Minimum rear yard setback: twenty (20) feet.
(4) 
Minimum front yard setback: zero (0) for retail and mixed-use buildings fronting Main Street. Additional streets in the zone must meet twenty (20) feet or the prevailing setback, whichever is less, on additional streets.
(5) 
Minimum side yard setback: five (5) feet on each side.
(6) 
The minimum side and rear setback requirements for any proposed mixed-use structure adjacent to a single-family residential zone is twenty (20) feet.
(7) 
Maximum structure height: thirty-five (35) feet, not to exceed three stories. The maximum height to the roof line at the front facade is 30 feet, with an exception that a maximum of 25% of the facade may be allowed to extend to the maximum thirty-five (35) foot building height to allow for architectural details, that will add distinct style and variety to the structures facade.
(8) 
Maximum lot coverage of principal and accessory structures: seventy (70%) percent.
(9) 
Off-street parking: the parking shall conform to the requirements of the Residential Site Improvement Standards (RSIS).
(e) 
Aesthetics.
(1) 
Buildings in this zone should be designed with an eye toward architectural detailing that can be unique, but should not detract from the appearance of any adjacent structures and should conform to the visionary statements of the municipal master plan. Innovative reuse of existing unique and/or attractive structures is encouraged to the extent possible.
d. 
Maximum Building Height. See Section 17-7 "Building height."
e. 
Area and Yard Requirements for Commercial and Service Facilities in the General Commercial District.
1. 
Principal Building Minimum:
Lot area
7,000 square feet
Lot frontage
50 feet
Lot width
50 feet
Lot depth
100 feet
Side yard (each)
(a)
Front yard
(b)
Rear yard
20 feet
2. 
Accessory Building Minimum:
Distance to side line
5 feet
Distance to rear line
5 feet
Distance to other building
5 feet
NOTES:
(a) 
In order to encourage an end product which provides parking, access and architectural continuity even where development occurs piecemeal and with diverse ownership, buildings may be attached and may be built to the interior side line(s) in order to be attached. Attached building may include two walls which must be keyed to each other. Where buildings are built to both side lot lines, the site plan shall be accompanied by appropriate legal material and plans showing properly located loading spaces and trash receptacles with permitted access across adjacent properties. If structures are not attached, the side yard(s) shall be a minimum of five (5') feet.
(b) 
The front yard shall be determined on the basis of the average front yard depth within the block.
3. 
Maximum building coverage of principal and accessory building(s), seventy (70%) percent.
f. 
General Requirements.
1. 
One (1) building may contain more than one use provided that the total building coverage of the combined uses does not exceed the maximum building coverage specified for the district.
[Ord. No. 90-535; Ord. No. 94-599; Ord. No. 2010-842]
a. 
General. Accessory buildings and uses, except as otherwise permitted in this chapter, shall be subject to the definition of Section 17-7 and the provisions of the various subsections of the section.
b. 
Prior Construction Prohibited. An accessory building shall not be erected nor shall an accessory use be permitted prior to the construction of the main building, or the establishment of the principal use, upon the lot.
c. 
Accessory Buildings as Part of the Principal Buildings. Any accessory building attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
d. 
Distance Between Adjacent Buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be as prescribed in Section 17-9.
e. 
Height of Accessory Buildings. Any accessory structure that exceeds one hundred (100) square feet shall be called an "accessory building" and shall have a permanent foundation and shall not exceed sixteen (16) feet in height. The maximum height of accessory structures that are one hundred (100) square feet or less in area shall not exceed twelve (12) feet in height. The height of accessory buildings shall be measured from the average grade at the base of the structure. All accessory structures shall be included in the "allowable" building coverage.
f. 
Location. An accessory building may be erected in side and rear yard only and shall be set back from front, side and rear lot lines as prescribed below except that if erected on a corner lot, the accessory structure shall be set back from the side street to comply with the setback line applying to the principal building for that side street.
Rear yard setbacks shall be as follows for the following zones:
Zone
Rear Yard Setback — Detached Buildings
R-60
Five (5) feet
R-50
Five (5) feet
R-40
Three (3) feet
g. 
Residence Prohibited. No accessory building shall be used or occupied for residence purposes.
h. 
Advertising. A display of products or services rendered, signboard or advertising sign of any nature shall in no case be permitted as an accessory use, or part thereof. Any such signs, advertising, etc., which are permitted, shall conform with all requirements and regulations of any present and/or subsequent ordinances of the Borough of Lake Como regulating the use of signs.
[Ord. No. 90-535]
a. 
In any apartment, townhouse or single family residential development, an association may be established for the purpose of owning and maintaining common lands and facilities including conservation, open space, flood plain, recreation and park areas and other lands which would otherwise be dedicated to the Borough, according to the following provisions:
1. 
Membership in any created association by all dwelling unit owners shall be mandatory. Such required membership in any created association and the responsibilities upon the members shall be in writing between the association and the individual in the form of a covenant with each member agreeing to his liability for his pro rata share of the association's costs and providing that the Borough shall be a part beneficiary to such covenant entitled to enforce its provisions.
2. 
Executed deeds shall be tendered to the Borough simultaneously with the granting of site plan or final subdivision approval, stating that the prescribed use(s) of the lands in the common ownership shall be absolute and not subject to reversion for possible future development.
3. 
The association shall be responsible for liability insurance, local taxes, maintenance of land and any facilities that may be erected on any land deeded to the association and shall hold the Borough harmless from any liability.
4. 
The assessment levied by the association shall become a lien on the private properties in the development. The duly created association shall be allowed to adjust the assessment to meeting changing needs and any deeded lands may be sold, donated or in any other way conveyed to the Borough for public purposes only.
5. 
The association initially created by the developer shall clearly describe in its bylaws the rights and obligations of any dwelling unit owner and tenant in the development, along with the covenant and model deeds and the articles of incorporation of the association prior to the granting of approval by the Borough.
6. 
Part of the development proposals submitted to and approved by the Borough shall be provisions to insure that control of the association will be transferred to the individual dwelling unit owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the association shall have the maintenance responsibilities for all lands to which they hold title.
b. 
No certificate of occupancy shall be issued for any building or part thereof until all streets, drainage, parking facilities and water and sewer facilities servicing the structure are properly completed and functioning.
[Ord. No. 90-535]
Within any district allowing apartments, no dwelling containing apartments shall take place unless the following minimum standards are met in addition to the requirements specified in Section 17-9 for the multifamily district and until the site plan has been reviewed by the Planning Board.
a. 
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, and which shall include consideration of landscaping techniques; building orientation to the site and to other structures; topography; natural features and individual dwelling unit design such as varying unit width, staggering unit setbacks, providing different exterior materials, changing roof lines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit.
b. 
All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
c. 
All parking facilities shall be on the same site as the building and located within one hundred fifty (150') feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking and there shall be no parking along interior streets. The total area devoted to parking shall not exceed twenty (20%) percent of the tract and the total aggregate area devoted to both parking and interior streets shall not exceed 30% of the tract.
d. 
Apartment buildings may consist of any configuration that meets the prescribed area and yard requirements and does not exceed the following overall or component building lengths. Building coverage shall not exceed 25% of the tract area.
1. 
Two hundred (200') feet on one plane.
2. 
Three hundred forty (340') feet on any angle.
3. 
Five hundred (500') feet along the centerline.
e. 
Buildings measured along the centerline shall provide one opening at ground level at least every two hundred fifty (250') feet. This opening shall be a minimum of fourteen (14') feet in clear width and height and be at an elevation enabling emergency vehicle access through the opening.
f. 
No portion of any dwelling unit shall be a basement.
g. 
In addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit two hundred (200) cubic feet of storage area in a convenient, centrally located area in the basement or ground floor of the dwelling structure, where personal belongings and effects may be stored without constituting a fire hazard and where the be-longings and effects may be kept locked and separated from the belongings of other occupants. There shall be a further minimum common storage area in each building of fifty (50) cubic feet per dwelling unit, located convenient to the outside ground level for bicycles, perambulators and similar types of equipment.
h. 
No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each dwelling unit for the laundering and artificial drying of laundry of occupants of each dwelling unit.
i. 
Each apartment building shall contain a single master TV antenna system which shall serve all dwelling units within the building, and there shall be no additional exterior TV or radio equipment permitted.
j. 
All streets both internal and external (including grading and paving); driveways; parking areas; side-walks; curbs; gutters; street lighting; shade trees; water mains; water systems; culverts; storm sewers; sanitary sewers; pumping stations; drainage structures; and such other improvements as may be found to be necessary for the health, safety and welfare of the public and in the public interest (including recreational facilities) shall be installed at the expense of the developer and shall be completed to the satisfaction of the Borough Engineer before a certificate of occupancy may be issued. In lieu of total completion of landscaping improvements only, an adequate performance bond properly guaranteeing the completion may be accepted. Such bond value will be set at the time of posting and will be held by the Clerk of the Borough, after approval by the Borough Attorney as to form and surety, for a period of no more than one year, during which time the landscaping improvements shall be completed, or the bond forfeited.
[Ord. No. 90-535]
a. 
No fence shall be erected of barbed wire, razor wire, topped with metal spikes, or constructed of any material or in any manner which may be dangerous to persons or animals. Chain-link type fencing with twisted and pointed tops shall not be permitted at any height in residential zones.
b. 
On any lot in any direction, no wall or fence shall be erected or altered so that the wall or fence shall be over four (4') feet in height in front yard areas and six (6') feet in height in rear and side yard areas.
c. 
All fences shall be symmetrical in appearance, posts separated by identical distances and fencing conforming to a definite pattern and size of uniform design. The same shall be kept in good repair, regularly painted, good appearance and clean condition. The finished side of all fences and walls shall be constructed to face toward the adjacent property.
d. 
Corner clearances shall be maintained within that area bounded by the lines of the intersecting streets and a diagonal joining the points on each street line distant twenty (20') feet from the point of intersection, or in the case of a rounded corner, at a point of tangency. Within this area, no structure, wall, embankment, terrace, porch, plaza, fence, hedge, sign, vegetation or other obstruction other than shade trees trimmed to a distance of at least ten (10') feet above the curb line, shall be permitted above a height of two (2') feet above the horizontal plane through the curb line.
[Ord. No. 90-535]
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial public, office, industrial, apartment or other similar uses having common off-street parking and/or loading areas and building complexes requiring area lighting shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare, color corrected lights focused downward. The light intensity provided at ground level shall be a minimum of three-tenths (3/10) foot candle anywhere in the area to be illuminated, shall average a minimum of five-tenths (5/10) foot candle over the entire area and shall be provided by fixtures with a mounting height not more than twenty-five (25') feet or the height of the building, whichever is less, measured from the ground level to the centerline of the light source, spaced a distance not to exceed five (5) times the mounting height. Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine directly into windows or onto streets and driveways in such manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval by the board.
[Ord. No. 90-535; Ord. No. 99-662; Ord. No. 2010-842]
a. 
Existence and Continuance. At the date of adoption of this chapter, any lot, building or structure which has been and is still being used for a purpose which does not conform to the requirements of the particular zone where the lot, building or structure is situated and which use is lawful and properly licensed, if required, and is not prohibited by any other existing ordinance of the Borough or any statute of the State of New Jersey or the United States of America, the use may be continued, subject to other provisions contained in this section and any change of title or possession shall not affect the continuance of such existing use. The existing use may be continued as aforesaid, provided further however, that:
1. 
No nonconforming lot shall be further reduced in size.
2. 
No nonconforming building shall be enlarged, extended or increased, unless such enlargement would tend to reduce the degree of non-conformance.
3. 
No nonconforming use may be expanded.
4. 
No structural alterations or changes shall be made to any building, accessory building, garage or structure containing a nonconforming use.
5. 
No structural alterations shall be made in any building or structure containing a nonconforming use, to change such a building or structure to another or an additional nonconforming use.
6. 
No building shall be constructed upon a conforming lot which lot contains a nonconforming building or use.
b. 
Revision and Change of Use.
1. 
No nonconforming use of a lot, building or structure shall, if once changed into a conforming use, be changed back to a nonconforming use.
2. 
A nonconforming use shall not be changed to, substituted by or replaced by another nonconforming use.
c. 
Abandonment. A nonconforming use shall be adjudged abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of a tenant or owner. Such use shall not thereafter be reinstated and the structure shall not be reoccupied, except in conformance with this chapter.
The provisions of this subsection shall refer to the actual use and to the use indicated by the form and construction of the building or structure.
d. 
Unsafe Buildings. Nothing in this section shall be construed so as to prevent the strengthening or restoration to a safe and lawful condition of any part of a building or structure declared to be unsafe or unlawful by the Building Official, Chief of the Fire Department or other duly authorized Borough official.
e. 
Change of Location. No nonconforming use of any portion of a lot, building or structure may be moved to any other part or parcel of land upon which the same was conducted at the time of the adoption of this chapter.
f. 
Restoration. If any nonconforming building or structure shall be partially destroyed or damaged by reason of windstorm, fire, explosion or other act of God or the public enemy, repairs and restoration of such nonconforming building or structure shall take place within one year from the date of such destruction and damage. Complete restoration must be achieved within one year of commencement of repairs or restoration. Otherwise such resumption and continuance of the nonconforming usage shall not be permitted.
g. 
Alteration. Upon application to the Board after notice to property owners and residents within two hundred (200) feet of the affected property, as provided by the Municipal Land Use Law of the State of New Jersey, a nonconforming building structure may be altered (but not enlarged or extended) during its life, to an extent not exceeding in aggregate 10% of the recorded true value, as appraised in the records of the tax assessor of the Borough, unless the building is changed to a building conforming to the requirements of this chapter.
h. 
Construction Approved Prior to Chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit and the ground story framework of which, including the second tier of beams, shall have been completed within six (6) months of the date of the permit and which entire building shall be completed according to such plans as filed within one year from the date of adoption of this chapter.
i. 
District Changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any non-conforming uses existing therein or created thereby.
j. 
Lots and Structures.
1. 
Whenever title to two or more contiguous lots is held by the same owner, and one or more of said individual vacant lot (lots) should, by reason of exceptional shallowness, topographical conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, even if the said lot (lots) is part of a subdivision which has not been developed for 10 years, the contiguous lot (lots) of said owner shall be considered as a single lot.
2. 
Any existing lot on which a building or structure is located and which lot does not meet the minimum lot size, or a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief provided: (a) the existing use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question; (b) the permitted building coverage is not exceeded; (c) the accessory building and/or addition do not violate any other requirements of this chapter such as, but not limited to, height, setback and parking; (d) the property owner has filed a zoning permit application with the Building Department which the zoning reviewer has determined meets the requirements in this chapter; (e) the property owner files for an informal hearing to the Lake Como Planning Board accompanied by a check in the amount of one hundred twenty-five ($125) dollars made payable to the Borough of Lake Como.
[Ord. No. 90-535; Ord. No. 92-558; Ord. No. 96-621; Ord. No. 96-625; Ord. No. 2008-821; Ord. No. 2008-824; Ord. No. 2010-842]
a. 
General Provisions.
1. 
Landscaping.
(a) 
Except for detached dwelling units, a screen planting of a dense evergreen material not less than four feet in height shall be provided between the off-street parking areas and any lot line or street line except where a building intervenes or where the distance between such areas and the lot line or street line is greater than one hundred fifty (150') feet.
(b) 
All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street, adjacent residential district or uses and the front yards of adjacent commercial and industrial uses. Such screening shall be by a fence, wall, planting or combination of the three and shall not be less than four (4') feet in height.
(c) 
Each off-street parking shall have a minimum area equivalent to one parking space per every 30 parking spaces landscaped with one-half (1/2) of the spaces having shrubs no higher than three (3') feet and the other one-half (1/2) having trees with branches no lower than seven (7') feet. Such spaces shall be distributed throughout the parking area in a manner not impairing visibility.
2. 
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and be in accordance with subsection 17-10.5. All parking facilities providing five (5) or more parking spaces shall be lighted.
3. 
Surfacing and Curbing.
(a) 
Off-street parking lots and loading areas, together with their access aisles, driveways and fire lanes, shall not occupy more than thirty-five (35%) percent of the lot area. All parking and loading areas and access drives shall be paved as determined by the Borough Engineer and approved as part of the site plan approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.
(b) 
All off-street parking and loading areas shall be provided with curbing so that vehicles cannot be driven onto required perimeter landscaped areas, buffer zones and street rights-of-way and so that each parking and loading area has controlled entrances and exits and drainage control. Curbing or wheel stops shall be located to prevent any part of a vehicle from overhanging internal sidewalks or landscaped areas. Parking and loading spaces shall not be an extension of any street right-of-way.
(c) 
All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.
4. 
Access. Access points from any one lot crossing the street line shall be limited to a maximum of two along the frontage of any single street. The center lines of any separate access points shall be spaced at least 70 feet apart; shall handle no more than two lanes of traffic; shall be at least 40 feet from any property line; and shall be set back from the street line of any intersecting street at least 50 feet or 1/2 the lot frontage, whichever is greater, except that in no case need the setback distance exceed 299 feet. Continuous open driveways in excess of 16 feet at the street line shall be prohibited, except that for non-residential uses, driveways of more than 16 feet may be permitted with the approval of the Planning Board, giving due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes. Curbing shall be depressed at the driveway and the curbing may be rounded at the corners and the driveway connected with the street in the same manner as another street.
5. 
Location of Parking Spaces. All required off-street parking spaces shall be located on the same lot or premises as the use served, except that two uses may share the same lot and except further, that in cases when it is determined during site plan review that the requirements for on-site, off-street parking cannot be met because of existing conditions, the location and adequacy of off-site parking spaces to service the use shall be specified on the site plan for approval by the Planning Board.
6. 
Type of Facility.
(a) 
Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, the structure shall adhere to the proper accessory or principal building setbacks, as applicable.
(1) 
The provisions of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made.
(2) 
Parking may occupy front, side and rear yard areas subject to site plan approval. The provisions of parking and loading spaces shall also include adequate driveway and necessary turning areas for handling of the vehicles for which provision is made. Aisles providing for access to parking spaces, shall have the following minimum dimensions. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.
Angle of Parking Space
One-Way Aisle
Two-Way Aisle
90 degree
25 feet
25 feet
60 degree
18 feet
20 feet
45 degree
18 feet
20 feet
30 degree
15 feet
18 feet
Parallel
12 feet
18 feet
(b) 
Specific Requirements. Each individual use shall provide parking spaces according to the following provisions. Where a permitted use of land includes different specified activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.
Any change of an existing use that would require an increase in parking as specifically enumerated below in paragraphs (1) through (14) and any construction or reconstruction of any existing structure that exceeds the existing footprint of the structure or adds additional square footage to the original structure, shall be required to provide parking spaces pursuant to this paragraph (b).
However, any change of use which would not require an increase in parking and any construction or reconstruction of any existing structure that does not exceed the existing footprint of the structure or add any additional square footage to the structure, shall not be required to provide any additional parking spaces other than that which presently exists. No existing off-street parking shall be reduced by the new use or the new construction or reconstruction referred to in this paragraph.
(1) 
Single-family and two family-detached dwellings:
1—2 bedrooms:
One (1) space
3—4 bedrooms:
Two (2) spaces
5—6 bedrooms:
Three (3) spaces
Each additional bedroom thereafter will require an additional space.
(2) 
Multiple-family dwellings — to comply with Residential Site Improvement Standards (RSIS).
(3) 
Rooming or boarding house — one space for each rental unit plus one space for each resident family.
(4) 
Hotels and motels — one and one-quarter (1 1/4) space for each guest room plus one additional space for each employee on duty.
(5) 
Auditoriums, places of worship, theatres, courts of law, gymnasiums and similar places of public assembly — one space for every six (6) seats, based on a maximum seating capacity.
(6) 
Hospitals, nursing homes and convalescent homes and buildings for philanthropic or eleemosynary uses — one space for every three beds.
(7) 
Funeral homes — one space for every seventy-five (75) square feet of floor area devoted to assembly rooms for service.
(8) 
Manufacturing and industrial uses, research and experimental laboratories — one space for every four employees.
(9) 
Schools — one space for each staff member plus the required spaces for assembly areas.
(10) 
Service station — sufficient spaces for all vehicles of patrons and employees with a minimum of five (5) spaces.
(11) 
Club, lodge or service organization — one space for every six (6) members.
(12) 
Business and professional offices, banks and fiduciary establishments — one space for every two hundred (200) square feet of area.
(13) 
Retail business personal service establishments — one space for every one hundred (100) square feet of floor area to which the public has access.
(14) 
Restaurants, taverns or other public eating and drinking establishments — one space for every one hundred (100) square feet of interior gross floor area, plus one space for every one hundred fifty (150) square feet of exterior area licensed for the consumption of alcoholic beverages, including, but not limited to patios, decks, groves, outside bars and picnic areas.
In determining the square footage of an establishment there shall be excluded kitchen, storage, office and other non-public areas not accessible to the public. However, all areas occupied by bars, tables, chairs, vending machines and games shall be included in calculating the square footage.
Any restaurants, taverns, or other public eating and drinking establishments that add additional space including new construction or expand their use shall be required to meet the new parking requirements.
(15) 
All uses pursuant to this paragraph (b) that require new or additional parking spaces shall comply with the Americans with Disability Act (ADA) parking requirements.
(16) 
Notwithstanding the provisions herein, no property shall be permitted to have a concrete or macadam and/or stone front yard.
(17) 
All newly constructed multifamily dwellings and commercial buildings and any existing multifamily dwellings or commercial buildings that add additional square footage or exceeds the present footprint of the building or in any way expands their existing use, shall be required to provide bicycle racks/storage affixed to the sidewalk immediately adjacent to the front or side of the building accessible to the public sufficient to hold seven (7) bicycles. Bike rack/storage systems shall be designed and/or placed so that a minimum of four feet of unobstructed sidewalk is accessible at all times.
Note: Bike rack/storage locations shall be reviewed and approved by the Planning Board and/or Zoning Officer.
[Ord. No. 90-535]
An application for a permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the condition that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. A new application and a new certificate of occupancy shall be required in the event of a change of any use of any structure.
a. 
Drainage. No stormwater or natural drainage which originates on the property or water generated by the activity, e.g., air conditioners, swimming pools, shall be diverted across property lines unless transported in an approved or existing drainage system.
b. 
Electrical and/or Electronic Radiation Control. All electrical or electronic devices located within the boundaries of a dwelling unit, industrial or commercial building, medical clinic or professional office shall be subject to the provisions of the Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act of for Protection of Public Health and Safety from the Dangers of Electronic Product Radiation." Radiation products, as defined in DHEW Publication No. (FDA) 75 8003, shall be so limited and controlled so that no measurable energy can be recorded at any point beyond the property boundaries. The applicant shall, upon request, produce certified data wherein measurements made in accordance with the procedure and standards set forth in the DHEW Publication No. (FDA) 75 8003 adequately demonstrate compliance to the minimum standards established by the Act. All other forms of electromagnetic radiation lying between one hundred (100) KHz and 10 Ghz shall be restricted to the technical limits established in the Federal Communication Commission's Rules and Regulations.
c. 
Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets.
d. 
Heat. No use shall produce heat perceptible beyond its lot lines.
e. 
Noise. Noise levels shall be designed and operated in accordance with the regulations established by the New Jersey Department of Environmental Protection as they are adopted and amended and by the local ordinances of the Borough.
f. 
Odor. Noxious odors shall not be discernible at the lot line or beyond.
g. 
Storage and Waste Disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance be deposited which can contaminate an underground aquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers to eliminate such hazards.
h. 
Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines ten (10') feet or equipped with baffles to deflect the discharged air away from the adjacent use.
i. 
Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate lot.
j. 
Outside Storage of Material or Equipment. In all districts of the Borough of Lake Como, no goods, supplies or materials shall be stored in any commercial trailer-type vehicle, storage van, bus or any other vehicle, whether operative or inoperative, unless the material is being used in conjunction with the construction or alteration of a building on the same site and is specifically authorized by the construction official pursuant to the above stated standard, namely that the material is being used in conjunction with the construction or alteration of a building on the site, and further, no commercial trailer-type vehicle, whether operative or inoperative, shall be parked or stored on any property in any district within the Borough of Lake Como, unless the vehicle itself is being used in conjunction with the construction or alteration of a building on the same site and is specifically authorized by the construction official pursuant to the stated standard that the material is being used in conjunction with the construction or alteration of building on the site. This prohibition concerning the storage of commercial trailer-type vehicles shall exempt those used in conjunction with a duly sanctioned business operation as long as the trailer-type vehicle is moved from the business premises at least once within a two day period. The Construction Official or Code Enforcement Official or his designee may issue a permit for such a vehicle for up to fourteen (14) days after receipt of a written request to obtain such a permit and only in conjunction with a duly sanctioned business operation. The Governing Body of the Borough of Lake Como may issue a permit for a period to exceed fourteen (14) days for such a vehicle if it meets the following criteria:
1. 
The location of the trailer-type vehicle would be in an area zoned as "commercial" or in conjunction with an existing business operation.
2. 
It is determined that the existence of the trailer-type vehicle will benefit the public and the general welfare of the community.
This chapter shall not apply to recreational vehicles which are dealt with separately in the Lake Como Code. For purposes of this chapter, "trailer" shall be defined as any vehicle designed to be drawn by another vehicle having motor power. For purposes of this chapter, "bus" shall be defined to include any vehicle commonly used for the transportation of individuals.
[Ord. No. 90-535]
Unless otherwise specified for a particular zoning district, no more than one principal structure shall be permitted on one lot except apartment development receiving site plan approval in accordance with the provisions specified in this chapter.
[Ord. No. 90-535; Ord. No. 92-567, §§ 1, 2; Ord. No. 93-575; Ord. No. 94-599; Ord. No. 98-660; Ord. No. 2010-842; Ord. No. 2010-845]
a. 
General Provisions.
1. 
No sign may be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises. No billboard shall be erected.
2. 
No signs shall be erected, altered or replaced which are not in accordance with the standards established in this chapter. The erection of any sign shall require a construction permit. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, other signs or windows of the building on which they are located. No sign shall be attached to trees, fence posts, stumps, utility poles or other signs, but shall be free-standing or attached to buildings in an approved manner.
(a) 
Animated, Flashing and Illusionary Signs. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.
(b) 
Height. No roof signs shall exceed 30 feet above ground level. No sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles such as, but not limited to, driveway and parking areas. Where signs project beyond a building, facade or wall over a pedestrian way, the lowest portion of the sign shall be at least nine (9') feet above the walkway.
(c) 
Free-Standing Signs. They shall be supported by one or more columns or uprights which are firmly embedded in the ground. Exposed guy wires, chains or other connections shall not be made a permanent support of the freestanding sign.
(d) 
Illuminated Signs. They shall be arranged as to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location.
(e) 
Information and Direction Signs. Street number designations, postal boxes, on-site directional and parking signs and warning signs are permitted in all zones but are not to be considered in calculating sign area. No such sign shall exceed one square foot in area.
(f) 
Maintenance. Signs and their support structures must be constructed of durable materials, maintained in good condition and not be allowed to become dilapidated. All painted surfaces shall be repainted as needed.
(g) 
Portable Signs. No sign shall be exhibited which is portable, i.e. fixed on a movable stand, self-supporting without being permanently embedded in the ground, supported by other objects, mounted on wheels or movable vehicles, or made easily movable in some other manner.
(h) 
Real Estate Signs. Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be, if not attached to the building, set back at least five (5) horizontal feet from all street lines. Such signs shall not exceed six (6) square feet in area and shall be removed at the expense of the advertiser within 30 days after the termination or completion of the matter of business being advertised. "Sold" signs shall be permitted between the signing of the contract of sale and the date of legal closing. All such signs do not need a construction permit.
(i) 
Sign Area. The area of a sign shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols including the background, whether open or enclosed, but the area shall not include any supporting framework and bracing incidental to the display itself.
(j) 
Signs with Two (2) Exposures. Such signs shall be measured for area by using the surface of one side of the sign only. Both sides may be used.
(k) 
Temporary Signs. One (1) temporary banner sign shall be permitted as a maximum on the exterior of the building only. No temporary banners shall be permitted to be placed on any other portion of the property except on the exterior of the building. A maximum of four temporary banner permits shall be issued for any property per year. There shall be a 30 day interval between permit expiration and issuance of the subsequent permit. No permit shall be valid for longer than 30 days. No temporary banner sign shall be larger than the largest permitted sign on the property. The fee to be charged for each temporary banner sign shall be thirty ($30) dollars (each banner permit). A photo or rendering of each banner must be attached to the permit application.
(l) 
Projection. Wall fascia shall mean a flat sign or lettering attached to a building. It shall be firmly attached to the exterior wall of the building and shall not project from the building more than 15 inches. Attached signs that project at an angle to the building shall not project more than forty-eight (48) inches.
(m) 
Abandonment. Any conforming or nonconforming sign, as well as their support structure, shall be presumed to be abandoned when there occurs a cessation of any bona fide use or activity to which the sign is accessory. Said sign shall be removed by the property owner within 30 days of abandonment or 30 days from the adoption of this amendment in the case of existing signs and support structures. This includes all painted signs, interior window signs, displays and banners.
(n) 
Unsafe or Insecure Signs. In the event the Code Enforcement Officer shall determine that any sign, including any nonconforming sign, is unsafe, insecure, in need of repair, not maintained in proper condition or has been constructed, erected or installed in violation of any of the provisions of this subsection, the Code Enforcement Officer shall give written notice of such violation to the permit holder and owner of the premises. If the violation(s) is not remedied within 10 days after receipt of the notice, a complaint shall be filed against the person(s) responsible for the violation in the Municipal Court. In the event such sign violation constitutes an immediate danger to the safety of persons or property, the Code Enforcement Officer shall have the sign removed immediately at the expense of the person(s) responsible for the violation. In such event, notice to the person(s) responsible for the violation shall not be required prior to the ordering of the work.
(o) 
Restoration. In the event any nonconforming sign shall be partially destroyed, such sign may be restored provided there is no change in the size and location. If a nonconforming sign is totally destroyed, defined as more than seventy (70%) percent, such sign shall not be rebuilt. Restoration or removal shall take place within 30 days after notice from Code Official.
(p) 
Continuance. The lawful use of any nonconforming sign existing at the date of this chapter, which is not a portable, temporary or abandoned sign, may be continued although such sign does not conform to this chapter, provided that no such signs shall be enlarged, extended, or changed in material, character, location, illumination, or message. Signs of a portable or temporary nature existing as of the date of the adoption of this chapter shall be removed upon this chapter becoming law.
3. 
Permanent window lettering shall mean and include, but not be limited to etching, lettering or graphics displayed on a business window, which shall be limited to the name of the owner, business name, business address, telephone numbers (including facsimile and electronic mail), and hours of operation which shall be used to identify the nature of the business.
4. 
Temporary window lettering shall mean and include, but not be limited to, lettering, graphics, designs, seasonal designs, ornamental designs, drawings, sketches, logos, writing or any other form of design, letter or character, which shall be temporary in nature to advertise a sale, special civic or public events, seasonal activity or event, which the business is participant, subject to the provisions as set forth in subsection 17-10.10 et seq.
5. 
Signs and Awnings.
(a) 
General Objectives. It is the objective of this paragraph a5 to protect and promote the public health, safety and welfare by restricting signs and awnings which violate privacy or increase accidents by distracting attention or obstructing vision. It is also the intention of this paragraph to promote a desirable visual environment and to encourage the replacement of nonconforming signs and awnings with conforming signs and awnings through enforcement.
(b) 
The following general standards shall apply to all signs and awnings:
(1) 
All signs and awnings which are not specifically permitted by this paragraph a5 are prohibited.
(2) 
All signs and awnings shall conform to the provisions of this subsection and also to the provisions of the applicable requirements of the New Jersey Uniform Construction Code.
(3) 
All signs and awnings unless stated otherwise in this subsection shall relate to the use and occupancy of the property on which the sign is located except for signs placed by the Borough of Lake Como.
(4) 
No advertising or sign shall be erected between or maintained upon any part of the lawn or space between the curbline of the street upon which the property is situated and the main body of the house or structure, except in accordance with this subsection and provided that this subsection shall not be construed to prohibit the attachment of a sign to the porch or main body of the structure, subject to the provisions of this subsection, which shall not extend beyond four feet from the porch or building and said sign shall not exceed three feet in length and two feet in height, provided further that but one sign shall be erected on the front and not more than one sign on the side.
(5) 
No awning shall be erected or maintained on any building where said awning shall extend over the public sidewalk unless said awning shall be erected and maintained so that the lowest portion thereof shall be at least seven (7) feet, six (6) inches above the sidewalk.
(6) 
All signs and awnings shall be maintained in good condition and shall be repaired or replaced when their condition deteriorates.
(7) 
No sign with a flashing, strobe or beam light resembling an emergency light shall be erected in any location.
(8) 
No sign shall be located so as to impede or restrict the free flow of traffic or pedestrians.
(9) 
Blow up advertising is required to be approved by application to the Mayor and Council.
6. 
Application Procedures.
(a) 
Unless specifically stated herein, the following application procedures shall apply to all signs and awnings in the Borough, and unless stated otherwise all signs and awnings shall require a sign permit application.
(1) 
The Zoning Officer shall be the person in the Borough to whom all permit applications are made.
(2) 
Prior to the erection of any sign or awning a permit must be approved by the Zoning Officer who shall certify that the proposed sign or awning complies with the requirements of this subsection.
(3) 
The zoning permit application fee of seventy ($70) dollars shall cover the cost of the sign(s) and/or awnings on the zoning permit application. The zoning permit application shall include a sketch which shall indicate the size, location and elevation of the sign or awning along with an original detailed drawing of the sign or awning and if applicable the dimensions of the building.
(4) 
The Zoning Officer shall render his decision on all applications within twenty (20) days and shall keep on file all permits and applications for signs approved by the Zoning Officer as a permanent record.
(5) 
The Mayor and Council of the Borough of Lake Como shall review all applications for blow up advertising.
7. 
Exempt Signs.
(a) 
The following signs and awnings shall be exempt from the provisions of this subsection which require a permit but all other provisions regarding size, location and type shall apply where appropriate.
(b) 
Governmental Signs. All signs and awnings which are erected by the Borough of Lake Como or any of its Departmental Committees or Agencies of the State of New Jersey or County of Monmouth.
(c) 
Political Signs. All signs which are political in message provided that said signs are erected not more than 45 days prior to an election and removed no later than 10 days after an election and providing further that the aggregate total of all signs per property shall not exceed forty (40) square feet.
(d) 
Religious, Civic Signs. Church, civic, or nonprofit temporary signs not to exceed four (4') feet by eight (8') feet provided that special permission is granted by resolution of the Mayor and Council.
(e) 
Temporary Special Signs. Any temporary sign or banner may be erected for a period not to exceed 30 days by permission granted by resolution of the Mayor and Council.
(f) 
Grand Opening. Any sign or banner which is used to designate a grand opening of a business provided, however, that said sign shall be limited to forty (40) square feet per property and shall be removed within 30 days after commencement.
(g) 
Residential Signs. One (1) non-illuminated temporary sign which must be properly maintained which advertises the sale or rental of the lot or building on which the sign is located that said sign is not greater than nine (9) square feet in total area.
(h) 
Commercial Window. Window signs and lettering shall be permitted in nonresidential zones subject to the following restrictions.
(1) 
Business. Window lettering and signs shall pertain only to the business occupying that portion of the premises where the window is located.
(2) 
Permanent Lettering and Signs. Permanent lettering and signs shall be permitted provided the space containing the lettering and signs or the background for same does not exceed twenty (20%) percent of the window area. Any painted area of the window shall be construed as window lettering or signs.
(3) 
Temporary Window Lettering or Signs. Temporary window lettering or signs are permitted provided that they do not cover more than 30% of the window area and together with any permanent window signs do not cover more than 50% of the window area. Temporary window signs or lettering shall not exceed a period of 30 consecutive days and temporary lettering shall not exceed an aggregate of one hundred eighty (180) days in each calendar year.
8. 
Permitted Signs and Awnings. The following signs shall be permitted in the Commercial and General Business Zones subject to the provisions of this subsection and the following additional restrictions:
(a) 
Wall Mounted Signs and Projection Signs. Wall mounted signs and projection signs shall be permitted subject to the following:
(1) 
There shall be no more than two signs permitted per business establishment or if more than one business occupies a structure no more than one facade and two identification signs per storefront shall be permitted.
(2) 
The size of a wall mounted sign shall not exceed 10% of the facade area of the lowest floor of that portion of the building occupied by the applicant's business or forty (40) square feet, whichever is less. The size of a projection sign shall not exceed twelve (12) square feet and the lowest portion of the sign shall not hang lower than eight and one-half (8 1/2) feet above the sidewalk level and the sign shall not project more than five (5) feet from the surface plane of the largest face of the wall of the building to which it is attached. Projection signs shall be hung from one or more black metal chains or by a decorative wrought iron style bracket.
(3) 
An illuminated wall mounted directory of occupants sign not exceeding six (6) square feet may be placed in a multi-tenant building with a common entrance. Changes in the individual names of the occupants shall not be considered a new sign requiring a new permit. (See subsection 17-10.10a7(h).)
(b) 
Permanent Window Graphics. Permanent window graphics shall be permitted provided that they comply with the provisions of General Business or Commercial District.
9. 
Awnings. Awnings shall be permitted in all zones subject to the following restrictions:
Awnings may be erected at street level provided that they shall not extend more than five (5) feet from the surface plane of the largest facade wall of the building to which it is to be attached and shall be erected and maintained so that the lowest portion thereof shall be at least seven feet, six (7'6") inches above the sidewalk. Awnings may contain graphics including the name of the establishment covering not more than 10% of the surface area of the awning and may be illuminated from the rear. Awning graphics shall be limited to logos or symbols pertaining to the identification and shall not be used as advertising.
10. 
Prohibited Signs. The following types of signs are specifically prohibited in all zones:
(a) 
Outdoor advertising signs and billboards of any type including free-standing and/or sandwich board type signs.
(b) 
Any permanent signs which do not pertain to an occupant, service or product actually occupying or provided on the premises where such sign is located.
(c) 
Roof signs extending above the wall to which they are attached.
(d) 
Signs posted on fences, posts, utility poles, trees, street signs or traffic signs.
(e) 
Signs painted on municipal property or rights-of-way without the consent of the Mayor and Council.
(f) 
Signs painted directly on buildings, sidewalks or curbs.
(g) 
Signs on accessory buildings which are specifically defined by this chapter.
(h) 
Signs which flash, make noise, imitate official traffic signs or signals or which otherwise contribute a hazard to the traveling public.
(i) 
Banners, streamers or advertising flags, except as set forth under subsections 17-10.10a7(e) and 17-10.10a7(f).
(j) 
All signs not authorized by this subsection are prohibited.
b. 
Permitted Signs. The following signs are permitted for uses as specified in Section 17-9.
1. 
Residential Districts.
(a) 
Home Occupations. One (1) unlighted or interior lighted name plate sign identifying the home occupation, not exceeding two square feet, either free-standing or attached flat against the building. If free-standing, the sign shall not exceed three feet in height and shall be set back five (5) feet from the street right-of-way.
(b) 
One (1) sign advertising a permitted boarding or rooming house, garden apartment or apartment house on the same lot therewith, provided that such sign shall not exceed six (6) square feet in area and that no one side shall exceed three feet in length. Such sign may be illuminated by white light only and the total illumination for any side shall not exceed the equivalent of that given by a one hundred fifty (150) watt incandescent bulb or a forty (40) watt fluorescent.
(c) 
Churches and Schools. One (1) free-standing sign not exceeding twenty (20) square feet in area and 10 feet in height and set back at least eight (8) feet from all street rights-of-way and lot lines, or one attached sign not exceeding twenty (20) square feet in area.
2. 
Commercial Districts.
(a) 
Attached Signs. One (1) unlighted or lighted attached wall fascia sign per building lot shall be allowed on principal building facade with street frontage. The total area of the sign shall not exceed 10% of the façade area of the lowest floor of that portion of the building occupied by the business or forty (40) square feet, whichever is less. Where the building(s) is (are) designed for rear or side entrances, one attached facade sign per business may be attached flat against the building at the rear and/or side entrances, each sign not to exceed an area equivalent to that of the sign on the front of the building.
(b) 
Free-Standing Signs. One (1) unlighted or lighted free-standing sign for each principal building.
(1) 
Height: Twenty-five (25) feet.
(2) 
Setback: At least 10 feet from any street or property line.
(3) 
Area: The free-standing sign may have one square foot of area for every two linear feet of unbroken frontage up to fifty (50) square feet.
(c) 
One (1) lighted or unlighted roof sign shall be allowed per building lot. Signs shall be no larger than five (5) feet by five (5) feet.
[Ord. No. 90-535; Ord. No. 2013-884]
a. 
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in rear or side yard areas only and shall meet the setback distances for accessory buildings as specified in Section 17-9 for each particular zoning district, except that in no case may a swimming pool be located than five feet to any lot line.
[Amended 11-19-2018 by Ord. No. 2018-934]
b. 
A swimming pool shall occupy no more than 75% of the yard area in which it is located.
c. 
A private residential swimming pool area must be surrounded by a suitable fence with a self-latching gate of at least four feet but not more than six feet in height.
[Ord. No. 90-535]
Within any district allowing town-houses, no townhouse development shall take place unless the following minimum standards are met in addition to the requirements specified in Section 17-9 for multifamily district and until the site plan has been reviewed and approved by the Planning Board.
a. 
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing roof lines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit. Any overall structure of attached townhouses shall provide that no more than two adjacent dwelling units have the same setback.
b. 
All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
c. 
All parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking, and there shall be no parking along interior streets. The total area devoted to parking shall not exceed 20% of the tract, and the total aggregate area devoted to both parking and interior streets shall not exceed 35% of the tract.
d. 
Building coverage shall not exceed 25% of the tract area.
e. 
No outside area or equipment shall be provided for the handling of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each dwelling unit for the laundering and artificial drying of laundry of occupants of each dwelling unit.
f. 
Each building shall contain a single master TV antenna system which shall serve all dwelling units within the building, and there shall be no additional exterior TV or radio equipment permitted.
g. 
All streets both internal and external (including grading and paving), driveways, parking areas, sidewalks, curbs, gutters, street lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers, pumping stations, drainage structures and such other improvements as may be found to be necessary in the public interest (including recreational facilities) shall be installed at the expense of the developer and shall be completed to the satisfaction of the Borough Engineer before a certificate of occupancy may be issued. In lieu of total completion of landscaping improvements only, an adequate performance bond properly guaranteeing the completion may be accepted. Such bond value will be set at the time of posting and will be held by the Borough Clerk of the Borough of Lake Como, after approval by the Borough Attorney as to form and surety, for a period of no more than one year, during which time the landscaping improvements shall be completed, or the bond will be forfeited.
[Ord. No. 90-535]
a. 
Any applicant desiring to subdivide property for town-house residential construction in accordance with the provisions of this chapter may apply to the Board for a major subdivision under the following improvement requirements. The Board shall examine each request to determine whether it meets the following minimum standards and specifications. Only those applicants having received site plan approval in accordance with the provision of the Borough's development ordinance, or those applicants applying for simultaneous approval, may apply for subdivision for fee simple townhouse development.
b. 
The following provisions shall be stipulated within all deeds conveying lots created under the provisions of this section:
1. 
An organization (such as a homeowners' association) shall be created in accordance with the following provisions for the purpose of owning and maintaining all lands part of the townhouse development not individually conveyed:
(a) 
Membership in any created organization by all property owners shall be mandatory. Such required membership in any created organization and the responsibilities upon the members shall be in writing between the organization and the individual in the form of a covenant with each member agreeing to his liability for his pro rata share of the organization's costs and providing that the Borough shall be a party beneficiary to such covenant entitled to enforce its provisions.
(b) 
Executed deeds shall be tendered to the Borough simultaneously with the granting of final subdivision approval stating that the prescribed use(s) of the lands in the common ownership shall be absolute and not subject to reversion for possible future development.
(c) 
The organization shall be responsible for liability insurance, local taxes, maintenance of land and any facilities that may be erected on any land deeded to the organization, and shall hold the Borough harmless from any liability.
(d) 
The assessment levied by the organization may become a lien on the private properties in the development. The duly created organization shall be allowed to adjust the assessment to meet changing needs and any deeded lands may be sold, donated or any other way conveyed to the Borough for public purposes only.
(e) 
The organization initially created by the developer shall clearly describe in its by-laws the rights and obligations of any homeowner and tenant in the townhouse development, along with the covenant and model deeds and the articles of incorporation of the organization, prior to the granting of final approval by the Borough. The by-laws may not be amended to contravene any Borough ordinance.
(f) 
Part of the development proposals submitted to and approved by the Borough shall be provisions to insure that control of the organization will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the by-laws that the organization shall have the maintenance responsibilities for all lands to which they hold title and other areas of the development as required by the Planning Board during site plan review and as stipulated in the by-laws of the organization.
(g) 
The organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the municipality or municipalities wherein the land is located.
(h) 
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the construction official may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated construction official may modify the terms of the original notice as to deficiencies and may give reasonable extension of time not exceeding 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof, the Borough, in order to preserve the open space and maintain the same for a period of one year may enter upon and maintain such land. The entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the construction official shall, upon his initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the construction official at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the construction official shall determine that such organization is ready and able to maintain the open space in reasonable condition, the Borough shall cease to maintain the open space at the end of the year. If the construction official shall cease to maintain the open space in a reasonable condition, the Borough may, in its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the construction official shall constitute a final administrative decision subject to judicial review.
(i) 
The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on the properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
2. 
All construction permits shall be issued for entire buildings of townhouse dwelling units as such buildings are indicated on the approved site plan, except that construction permits may be issued for the reconstruction or renovation of existing dwelling units provided such construction is structurally and architecturally compatible with the adjacent existing dwelling unit(s).
3. 
Occupancy permits will be issued only when the exterior of the entire townhouse structure is complete, the installation of any curb, all utilities, all functioning water supply and sewage treatment facilities, all necessary storm drainage to insure proper drainage of the lot and surrounding land, rough grading of lots, base course for the driveway and base course for the streets are installed to serve the lot and Borough dwelling units for which the permit is requested. Streets, if installed prior to final approval, shall not be paved until all heavy construction is completed; shade trees shall not be planted until all grading and earth moving is completed and seeding of grass areas shall be the last operation.
[Ord. No. 90-535; Ord. No. 2010-842]
a. 
No open space provided around any building for the purpose of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing the yard provisions for any principal building.
b. 
Any structure located on a corner lot shall be set back from both streets at least the required front yard distance.
[Ord. No. 90-535]
Any owner of recreational equipment and vehicles, as defined and permitted herein, may park or store such equipment and vehicles on a single-family residential property or any other property in the Borough subject to the following restrictions:
a. 
The recreational equipment or vehicles parked or stored shall not have any connections to electricity, water, gas or sanitary sewer facilities and at no time shall this equipment or vehicles be used for living, sleeping or housekeeping purposes while within the confines of the Borough of Lake Como.
b. 
The recreational equipment or vehicles parked or stored as aforesaid must be kept in good repair, carry a current year's vehicle registration license and at all times, except when loading or unloading for immediate departure or arrival, shall be kept locked and secured.
c. 
No recreational equipment or vehicles shall be parked on any street of the Borough of Lake Como in violation of any parking ordinance of the Borough, or in any case, for a period of more than 12 hours. The recreational equipment or vehicles as defined herein, may be parked in a public parking lot between the hours of 8:00 a.m. to 12:00 midnight of the same day. If parked in the open in any residential district, the equipment or vehicle may be parked outside of a garage provided that it is parked to the rear of the front yard setback line and to the interior of the side yard setback line of the premises.
[Ord. No. 90-535; Ord. No. 2010-842]
a. 
An accessory use for gain or support may be conducted on the residential premises within the main building provided that no article or service is sold or offered for sale except as may be produced on the premises or the principal occupation of the resident is there conducted and subject to the following limitations.
1. 
With the exception of the sign permitted under subsection 17-10.10, paragraph b, 1(a), no exterior signs or other evidence of the business shall be visible from the exterior of the business.
2. 
See Section 17-7 for definition of "Home occupation."
3. 
All operations of the business shall be confined to the home and not to an accessory building.
4. 
All operations of the business shall not be apparent or visible from the exterior of the premises.
5. 
No noise or other nuisance shall be created to interfere with the enjoyment of neighboring properties.
6. 
The home occupation shall not generate excessive pedestrian or vehicular traffic.
7. 
No equipment shall be used or installed which will interfere with the receiving of proper transmission of radio or television signals to the premises or adjoining premises.
8. 
No flammable, toxic or hazardous substances shall be used or stored in connection with the home occupation.
9. 
(Reserved)
[Ord. No. 90-535]
Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the Borough in order to meet the minimum street width requirements of the development ordinance or to implement the official map or master plan of the Borough, the construction official shall issue construction and occupancy permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other available adjacent lands to provide the minimum requirements.
Any vacant lot existing as a conforming lot at the effective date of adoption or amendment of this chapter whose area or dimensions do not meet the requirements of the district in which the lot is located, may have a building permit issued for a use permitted for that zoning district without an appeal to the Planning Board provided:
a. 
The lot contains a minimum of 4,000 square feet.
b. 
The building coverage limit is not exceeded.
c. 
Parking requirements are met.
[Ord. No. 90-535; Ord. No. 2010-842]
a. 
No commercial building shall exceed the height limits as prescribed in Section 17-7.
b. 
No single-family residential or religious building shall exceed the height limits as prescribed in Section 17-7, except as follows: church spires, flagpoles, chimneys, antennas, residential cupolas and similar structures may be erected on the building above the height limits prescribed by this chapter if approved by the Zoning Officer and/or the Planning Board, but in no case may the combined height of the structure be more than 124% of the maximum height permitted for the use in the district.
[Ord. No. 90-535; Ord. No. 2011-861; Ord. No. 2011-865]
a. 
Application Procedure. Before a construction permit or certificate of occupancy shall be issued for a conditional use as permitted by this chapter under P.L. 1975, C. 291, application shall be made to the Planning Board. The developer shall follow the procedures and guidelines prescribed in Section 17-13, Development Application Review Procedures.
The Planning Board shall approve or deny conditional uses simultaneously with site plan or subdivision review. The Board shall follow the procedures outlined for review, Section 17-13.
The ninety-five-day time period for action by the Planning Board on conditional uses shall apply to each site plan review. Public notice and a hearing shall be required as stipulated in the Municipal Land Use Law. (N.J.S.A. 40:55D-12)
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Board shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment, portable water supply, utilities and building and structure location(s) and orientation(s). Conditional uses must meet the requirements listed below in addition to those outlined elsewhere.
b. 
Special Requirements for Hotels and Motels.
1. 
Any hotel or motel that may be constructed on a lot or parcel of land must contain a minimum of at least 10 units of accommodation, exclusive of a permanent, on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be five.
2. 
Each unit of accommodation shall contain a minimum floor area of 240 square feet. Ceilings shall be a minimum of 7 1/2 feet in height.
3. 
Each unit of accommodation shall include a minimum of two rooms, a bedroom and a separate bathroom which affords privacy to a person within the room and which is equipped with a "toilet", a "wash basin" and a "bathtub" or "shower", all properly connected to water and sewer. Not more than one of the units of accommodation, previously referenced as the superintendent's living quarters, may contain kitchen facilities.
4. 
The first floor areas of hotels and motels may be used for offices and neighborhood commercial uses limited to such kinds of offices as the professional offices of physicians, dentists, attorneys, engineers, architects, planners, real estate brokers, insurance offices and branch banks and store delicatessen, coffee shop and restaurant.
5. 
Each motel or hotel shall provide parking at a ratio of 1 1/4 parking spaces per unit of accommodation. Parking shall be provided for commercial uses at the ratio prescribed in subsection 17-10.7.
6. 
Area and Yard Requirements for Hotels and Motels.
Principal Building
Minimum
Lot Area
20,000 square feet
Lot Frontage
150 feet
Lot Width
150 feet
Lot Depth
100 feet
Side Yard (each)
15 feet
Front Yard
(a)
Rear Yard
20 feet
Accessory Building
Minimum
Distance to side line
10 feet
Distance to rear line
10 feet
Distance to other building
10 feet
Maximum
Building coverage of principal and accessory building, 30%.
NOTES:
(a) 
The front yard shall be determined on the basis of the average front yard depth within the block (or adjacent block if there are no existing buildings in the block).
c. 
Gasoline Service Stations, Repair Garages and Parking Lots.
1. 
Area and Yard Requirements.
(a) 
Gasoline Service Stations and Repair Garages.
Principal and Accessory Building
Minimum
Lot Area
10,000 square feet
Lot Frontage
100 feet
Lot Width
100 feet
Lot Depth
100 feet
Side Yard (each)
10 feet
Front Yard
15 feet
Rear Yard
15 feet
Maximum
Building Coverage, 40%.
(b) 
Parking Lots and Garages. Parking lots and garages shall adhere to the minimum area requirements specified in subsection 17-10.7.
2. 
General Requirements.
(a) 
No auto service station, repair garage, parking garage or parking lot for five or more vehicles shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any school, public playground, church, hospital, public building or institution, except where such property is in another block or on another street which the lot in question does not abut.
(b) 
No auto service station shall be permitted where any oil draining pit or visible appliance for any purpose (other than filling pumps) is located within 15 feet of any street line or within 25 feet of any residential district, except where such appliance or pit is within a building.
(c) 
No junk motor vehicle or part thereof or motor vehicles incapable of normal operation upon the highway shall be permitted on premises of any service station. It shall be deemed prima facie evidence of violation of this chapter if more than three motor vehicles incapable of operation are located at any one time upon any premises not within a closed or roofed building excepting, however, a number not exceeding three motor vehicles may be located upon any service station premises not within a closed or roofed building excepting, however, a number not exceeding three motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period not to exceed 15 days and providing that the owners of the motor vehicles are awaiting their repair or disposition and the vehicles stored have a current registration.
(d) 
In any repair garage, areas used for outside storage of materials or vehicles shall be screened to be obscured from view from all adjacent properties.
(e) 
In any parking lot, service station or repair garage, no parking shall take place within five (5') feet of any property line.
(f) 
All off-street parking areas shall be paved, curbed, and lighted as specified in subsection 17-10.7.
3. 
Signs.
(a) 
Auto service stations and repair garages shall be permitted the following signs:
(1) 
One free-standing sign advertising the name of the station or garage and the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed 35 square feet in area on a side and shall be set back 10 feet from street lines and 15 feet from side lot lines and provided further that the sign shall not be less than 10 feet, nor more than 20 feet above the ground, which shall be measured from street grade at the curb line.
(2) 
One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, providing that said sign does not exceed seven square feet in area.
(3) 
Directional signs or lettering displayed over individual entrance doors or bays and consisting only of the words "washing", "lubrication", "repairs", "mechanic on duty" or other words closely similar in import, provided that there shall not be more than one such sign over each entrance or bay.
(4) 
Customary lettering or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of a gasoline sold, lead warning sign, a price indicator and any other sign required by law.
(b) 
Parking lots and parking garages shall be permitted one free-standing sign not exceeding 10 feet in height and 20 square feet in area. Such free-standing signs shall be set back 10 feet from all property lines.
d. 
Public Utility Uses.
1. 
For purposes of this chapter, the term "public utility uses" shall mean and include such uses as telephone dial equipment centers, power substations and other public utility services, but shall not include service or storage yards or similar uses.
2. 
The proposed installation in a specific location must be reasonably necessary for the satisfactory provisions of service by the utility to the neighborhood or area in which the particular use is to be located.
3. 
The designing of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.
4. 
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the New Jersey State Uniform Construction Code.
5. 
Sufficient landscaping, including shrubs, trees and lawn, shall be provided and be periodically maintained.
6. 
Adequate off-street parking shall be provided.
7. 
All of the area, yard, building coverage and height requirements of the respective zone must be met.
[Ord. No. 90-535]
Editor's Note: See Appendix A to Chapter XVII.
a. 
The Zoning Board of Adjustment is hereby dissolved in accordance with N.J.S.A. 40:55D-70 et seq. and the Planning Board shall exercise to the same extent and subject to the same restrictions all of the powers formerly exercised by the Zoning Board of Adjustment.
b. 
All references to the "Zoning Board" or "Zoning Board of Adjustment" in this code are hereby amended to refer to the "Planning Board" except where such reference is clearly inapplicable.
[Ord. No. 90-535]
The Planning Board established is hereby amended to create a nine-member Planning Board pursuant to N.J.S.A. 40:55D-20 et seq.
[Ord. No. 90-535]
a. 
There is hereby established pursuant to N.J.S.A. 40:55D-20 et seq., in the Borough of Lake Como a Planning Board of nine members consisting of the following four classes:
1. 
Class I: The Mayor.
2. 
Class II: One of the Officials of the municipality other than a member of the Governing Body to be appointed by the Mayor.
3. 
Class III: A member of the Governing Body to be appointed by the Governing Body.
4. 
Class IV: Six other citizens of the municipality to be appointed by the Mayor with the advice and consent of the Council. The members of Class IV shall hold no other municipal office, position or employment except that one such member may be a member of the Historic Preservation Commission or Board of Education. A member of the Environmental Commission who is also a member of the Planning Board pursuant to N.J.S.A. 40:56A shall be a Class IV Planning Board member unless there is a member of the Board of Education and a member of the Historic Preservation Committee who are Class IV members in which case, the member of the Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of a municipal office.
b. 
The term of the member composing Class I shall correspond to his official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first. The term of a Class IV member who is also a member of the Board of Adjustment shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first. The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greater practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years.
c. 
The Mayor may appoint not more than two alternate members to the Planning Board. The alternate members shall meet the qualifications of Class IV members and shall be appointed as "Alternate No. 1" and "Alternate No. 2". The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years.
d. 
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as provided for the unexpired term.
e. 
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
[Ord. No. 90-535]
All applications submitted must be accompanied by a completed checklist.
[Ord. No. 90-535]
a. 
Conflict of Interest. No member of the Planning Board shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearings of such matter nor participate in any discussion or decision relating thereto.
b. 
Organization of the Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV. The Board shall select a Secretary and Assistant Secretary, who may or may not be a member of the Board or a municipal employee.
c. 
Attorney. There is created the office of Planning Board Attorney. The Board may annually appoint, fix the compensation of or agree upon the rate of compensation of their Board Attorney, who shall be an attorney other than the Municipal Attorney.
d. 
Experts and Staff. The Board may employ or contract for the services of experts and other staff and services as they may deem necessary. The Board can not authorize expenditures which exceed, exclusive of the gifts or grants, an amount appropriated by the governing body for its use.
e. 
Rules and Regulations. The Board shall adopt such rules and regulations as are necessary to carry out its duties.
f. 
Meetings.
1. 
Meetings of the Planning Board shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process.
2. 
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
3. 
No action shall be taken at any meeting without a quorum being present. All actions shall be by majority vote of a quorum except where a specified portion of the full authorized membership is required; N.J.S.A. 40:55D-1 et seq.
4. 
All meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Act, Chapter 231, of the Laws of 1975.
g. 
Records.
1. 
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Planning Board, and of the persons appearing by attorney, the action taken by the Planning Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during the normal business hours at the office of the Borough Clerk. Any interested party shall have the right to compel production of the minutes for the use as evidence in any legal proceedings concerning the subject matter of such minutes and be charged a fee for their reproduction.
2. 
A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made by either stenographer, mechanical or electronic means. The Borough shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
3. 
Certified Court Reporter. If an applicant desires a certified court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the Borough shall be at the expense of the applicant, who shall also arrange for the reporter's attendance.
h. 
Hearings.
1. 
Rules. The Planning Board may make rules governing the conduct of hearings. The rules shall be consistent with N.J.S.A. 40:55D-1 et seq. and this chapter. The approving authority may waive the required notices and hearing for minor and exempt subdivisions and site plans except where a variance or conditional use is part of the application. The Board shall hold a hearing on each application for a request for site plan or subdivision approval, zoning variance, conditional use, appeal, interpretation or direction for the issuance of a permit.
2. 
The presiding officer at the hearing (or such person as he may designate) shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L., 1953, C. 38 (N.J.S.A. et seq.) shall apply.
3. 
The testimony of all witnesses relating to an application shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
4. 
Technical rules of evidence shall not be applicable to the hearing, but the Planning Board may exclude irrelevant, immaterial or unduly repetitious evidence including testimony.
5. 
When any hearing before the Board shall carry to two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding the member's absence from one or more of the meetings, provided such Board Member has received a transcript or recording of the meeting from which he/she was absent and certifies in writing to the Board that he/she has read such transcript or listened to such recording.
i. 
Complete Application and Commencing Applicable Time Periods.
1. 
An application for development shall be complete for purposes of commencing the applicable time period for action when the application is certified complete by the approving authority. In the event that the application is not certified to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless:
(a) 
The application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and
(b) 
The approving authority has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.
2. 
The applicant may request that one or more of the submission requirements be waived, in which event, the approving authority shall grant or deny the request within 45 days.
3. 
Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application.
4. 
The approving authority may subsequently require correction of any information found to be in error and submission or additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application have been met. The application shall not be deemed incomplete for lack of any such additional information or revisions in the accompanying documents so required by the approving authority.
j. 
Decisions. Each decision on any application for development shall be reduced to writing, including findings of fact and conclusions thereon through:
1. 
A resolution adopted at a meeting held within the required time period for action on the application; or
2. 
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the approving authority voted to grant or deny approval. Only the members who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution.
3. 
An action resulting from the failure of a motion to approve an application shall be memorialized by a resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution.
4. 
The vote on any such resolution shall be deemed to be a mineralization of the action of the approving authority and not be an action of the approving authority. However, the date of the adoption of the resolution shall constitute the date of the decision for purposes of mailings, filings and publications and set forth in subsection 17-12.6. If the approving authority fails to adopt a resolution or memorializing resolution, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipality.
[Ord. No. 90-535]
The approving authority shall hold a public hearing on each application for development except that the approving authority may waive the required notices and hearing for minor and exempt subdivisions and site plans unless a variance or conditional use is part of the application. All public hearings conducted on subdivisions, site plans or variances before the Board shall follow the requirements of the Municipal Land Use Law as summarized below (N.J.S.A. , , and ):
a. 
Any maps and documents submitted for approval shall be on file and available for public inspection at least 10 days before the hearing date during normal business hours in the office of the Secretary.
b. 
All notices shall state the date, time and place of the hearing, the nature of the matters to be considered and an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers and the location and time(s) at which any maps and documents are available for public inspection.
c. 
All hearing notices shall be the responsibility of the applicant and shall be given at least 10 days prior to the hearing date.
1. 
Public notice shall be given by publication in the official newspaper of the Borough, if there is one, or in a newspaper of general circulation in the Borough.
2. 
Notice shall be given to all owners of real property as shown on the current tax duplicate located within 200 feet in all directions of the property which is the subject of the hearing. This notice shall be given by serving a copy thereof on the property owner or his agent in charge, or by mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. It is not required that a return receipt be obtained. Notice is deemed complete upon mailing (N.J.S.A. ).
3. 
Notice to a partnership owner may be made by service upon any partner; notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
4. 
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality which notice shall be given by personal service or certified mail.
5. 
To the County Planning Board when the application for development involves property adjacent to an existing County road or proposed road shown on the Official County Map or County Master Plan or adjoins other County land or situated within 200 feet of a municipal boundary.
6. 
To the Commissioner of Transportation of the State of New Jersey when the property abuts a State highway.
7. 
To the Director of the Division of State and Regional Planning in the Department of Community Affairs when the hearing involves an application for development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the Borough Clerk pursuant to N.J.S.A. 40:55D-10b.
8. 
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing.
d. 
All taxes and municipal assessments due must be paid prior to any application being heard by the Planning Board.
e. 
Upon the written request of an applicant or his agent and the payment of a fee of $0.25 per name or $10, whichever is more, either the Borough Clerk or the Tax Assessor shall make and certify a list from the current tax duplicates of names and addresses of owners within the Borough to whom the applicant is required to give notice. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate the hearing or proceeding. (Note: For the names and addresses of property owners in adjacent municipalities, when required, contact the respective Clerks.)
f. 
Contents of Notice. The notice shall state the date, time and place of the hearing and the nature of the matters to be considered, and an identification of the property proposed for development by the street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's Office, and the location and times at which any maps or documents for which approval is sought are available for inspection.
[Ord. No. 90-535]
a. 
Any interested party may appeal to the Borough Council any final decision of the Planning Board approving an application for development pursuant to subsection 17-12.7d (Use or Structure Variance) of this chapter. (N.J.S.A. 40:55D-70d).
b. 
Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to subsection 17-12.8 of this chapter. The appeal to the Borough Council shall be made by serving the Borough Clerk, in person or by certified mail, with a notice of appeal, specifying the grounds thereof and the name and address of the appellant and the name and address of his attorney, if represented. Such appeal shall be decided by the Borough Council only upon the record established before the Planning Board.
c. 
Notice of the meeting to review the record below shall be given by the Borough Council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to subsection 17-12.8 of this chapter, and to the Zoning Board of Adjustment or Planning Board at least 10 days prior to the date of the meeting. The parties may submit oral and written arguments on the record at such meeting, and the Borough Council shall provide for verbatim recording and transcripts of such meeting.
d. 
The Borough Council shall conclude a review of the record below not later than 45 days from the date of receipt of the transcript of the hearing unless the appellant consents in writing to an extension of such a period. The appellant shall arrange for a transcript for use by the Borough Council. Failure of the Borough Council to hold a hearing and conclude a review of the record below and to render a decision within the specified period without such written consent of the appellant shall constitute a decision affirming the action of the Planning Board.
e. 
The Borough Council may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Zoning Board of Adjustment or Planning Board. The affirmative vote of a majority of the full authorized membership of the Borough Council shall be necessary to reverse, remand or modify any final action to the boards.
[Ord. No. 90-535]
Any decision of the Planning Board when acting upon any application for development and any decision of the Borough Council when acting upon an appeal shall be given notice in the following manner:
a. 
A copy of the decision shall be mailed to the applicant or appellant, or if represented, then to his attorney, without charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision.
b. 
A brief notice of the decision shall be published in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough. Such publication shall be arranged by the Secretary of the Board and paid for by the applicant.
c. 
A copy of the decision shall be filed with the Borough Clerk.
[Ord. No. 90-535]
The Planning Board powers and responsibilities are outlined below.
a. 
Powers of the Planning Board.
1. 
The Planning Board shall have the power to grant subdivision or conditional use approval simultaneously with site plan approval.
2. 
The Planning Board shall have the power to act in lieu of the Board of Adjustment and subject the same extent and restrictions of the Board of Adjustment on the following matters. Whenever relief is requested pursuant to this section the public notice shall include reference to the request for a variance or direction for issuance of a permit, as the case may be. (See Section 17-12 for "Notice of Application" requirements.)
(a) 
Grant variances pursuant to N.J.S.A. 40:55D-60C from lot area, lot dimensions, setback and yard requirements; provided that relief pursuant to this subsection from lot area requirements shall not be granted for more than one lot; use variances.
(b) 
Direct pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-34.
(c) 
Direct pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.
[Ord. No. 90-535]
a. 
Subdivision Approval. All subdivisions, as defined under Section 17-7, are subject to the review procedures outlined below.
b. 
Site Plan Approval. Except as hereinafter provided, no construction permit shall be issued for any structure until a site plan has been reviewed and approved by the appropriate board, except that (1) Subdivision or individual lot applications for detached one or two dwelling unit buildings and their accessory building(s) shall not require site plan approval; and (2) Any addition or alteration to an existing conforming nonresidential structure which does not account for more than 10% additional building coverage may not require site plan approval if, in the opinion of the Construction Official, such addition or alteration will not create nuisance problems to adjacent land uses.
[Ord. No. 90-535]
A sketch plat is required of all applicants seeking a subdivision prior to subdividing or resubdividing for the purpose of classification and initial discussion so that they may obtain the advice of the Planning Board in the formative stages of the design and for the purpose of assuring maximum coordination with the Master Plan.
a. 
Procedure for Submitting Sketch Plat.
1. 
Submit to the Secretary 10 copies of the sketch plat of the proposed subdivision for the purposes of classification, preliminary discussion and appropriate action; three copies of the application; and a fee (see Section 17-15). The Secretary shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats and other documents submitted for processing in conjunction with the subdivision.
2. 
At least two weeks prior to the next regular meeting of the Planning Board, the Secretary of the Planning Board shall forward one copy of the sketch plat to the Borough Engineer.
b. 
Action by the Borough.
1. 
The Board shall take action on sketch plat applications within 45 days after the submission of a complete application or within such further time as may be consented to by the applicant.
2. 
Classification and approval shall be deemed to be final approval of minor subdivisions by the Planning Board. Prior to such classification and approval, the Board should review the proposed minor subdivision to insure that the sketch plat is in accordance with the definition of minor subdivision as stipulated in Section 17-7 of this chapter and that the details and specifications indicated in subsection 17-13.4 have been met.
3. 
No lot(s) shall be created which is (are) determined by the Board to be unsuitable for the intended use for reason of flooding, inadequate drainage, soil formations with severe limitations for development, susceptibility to severe erosion potential, unfavorable topography, or any other feature harmful to the health, safety and welfare of the future residents or property owners of the proposed subdivision or the Borough at large.
4. 
Any subdivision determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the original property being subdivided or upon any adjacent properties may be required to be revised by the subdivider to remove such adverse effect(s) prior to further review, classification of approval by the Board; or where the remaining portion of the original tract is of sufficient size to be subdivided further, the subdivider may be required to submit a sketch plat of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision, together with subsequent subdivision(s), will not create, impose or aggravate or lead to any such adverse effect.
5. 
The Subdivision Committee, if appointed, shall review sketch plat for classification purposes and discuss the proposed plan as it relates to the master plan, development regulations ordinance and the design standards and improvement requirements of this chapter. The Subdivision Committee shall offer its comments and recommendations to the Board at a regularly scheduled meeting of the Board within 45 days of the submission of the application to the Secretary. Should the application be determined by the Board either to be incomplete or require substantial revisions, the applicant shall be notified within the 45 day time period and may thereafter submit an appropriately revised application to the Administrative Officer as in the first instance.
6. 
If the sketch plat is considered for classification as a minor subdivision, the Board shall act on the proposed plat within 45 days of its complete and proper submission to the Secretary or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the prescribed time period shall constitute minor subdivision approval. If classified as a minor subdivision by majority action of the Board, a notation to that effect, including the date of classification, shall be made on the master copy. All prints of the plat shall be signed by the Chairman and Secretary of the Board (or the acting Chairman or Secretary where either or both may be absent) and returned to the subdivider within one week thereof. No further approval of the subdivision shall be required. In the event the same is disapproved by the Board, the Secretary of the Board shall, within three days of such action, notify the subdivider of such disapproval and reasons therefor. In acting on the application, the Borough shall consider a report received, in writing, from the County Planning Board within 30 days after their receipt of the plat. If a reply is not received from the County Planning Board within 30 days, the sketch plat shall be deemed to have been approved by them.
7. 
A plat map drawn in compliance with such approval and the Map Filing Act, P.L. 190C. 141 (C. 46:23-9.9 et seq.) or deed clearly describing such subdivision shall be filed by the subdivider with the County Recording Officer within 190 days from the date of approval by the Board of the minor subdivision sketch plat. Unless filed within the 190 days, the approval shall expire and will require Board approval as in the first instance. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval by the Board, provided that the approved minor subdivision shall have been duly recorded as provided in this section.
8. 
The sketch plat shall be classified within 45 days of its complete and proper submission to the Secretary or within such further time as may be consented to by the applicant. When classified as a major subdivision, a notation to that effect shall be made on the plat, which shall be returned to the subdivider for compliance with the procedures in subsections 17-13.5 and 17-13.8.
[Ord. No. 90-535]
a. 
The submitted sketch plat shall be based on tax map information or some other similarly accurate base and shall be neatly and accurately drawn. The following information shall be included:
1. 
The location of that portion which is to be subdivided in relation to the entire tract.
2. 
All existing structures and wooded areas within the portion to be subdivided and within 100 feet thereof;
3. 
The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records;
4. 
The tax map sheet, block and lot numbers;
5. 
All existing and proposed streets and roads and bodies of water within 200 feet of the subdivision;
6. 
All proposed lot lines and existing lot lines proposed to be eliminated;
7. 
Building setback lines as specified in this chapter;
8. 
The approximate location and approximate width of all existing and proposed utility easements in the area to be subdivided;
9. 
Zoning district boundaries affecting the tract;
10. 
North arrow;
11. 
Scale of plat and date of latest revisions;
12. 
Area of the entire tract and area being subdivided to the nearest tenth (1/10) of an acre;
13. 
The number of new lots created;
14. 
Name and address of owner, subdivider and person preparing plat; and
15. 
A key map showing the entire subdivision and its relationship to the surrounding areas at a scale of one inch equals not more than 2,000 feet.
b. 
Special details and specifications required of proposed minor subdivision prior to classification. No plat shall be classified as a minor subdivision unless drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal and license number and address of the professional engineer and/or land surveyor. The sketch plat shall be based on tax map information or some other similarly accurate base at a scale not less than 50 feet to the inch on one of four standard sizes, namely 8 1/2 inches by 13 inches, 15 by 21 inches, 24 inches by 36 inches, or 30 inches by 42 inches, to enable the entire tract to be shown on one sheet and shall show or include the following information:
1. 
Contours as shown on the U.S.G.S. topographic sheets.
2. 
Marshes, ponds and land subject to flooding in the subdivision and within 100 feet thereof.
3. 
All areas designated as wetlands under the New Jersey Wetlands Act of 1970 (N.J.S.A. 13:0A-1, et seq.) or so state if there are none. No plat shall be classified as a minor subdivision which contains designated "wetlands" unless accompanied by written approval from the New Jersey Department of Environmental Protection, Bureau of Marine Lands Management.
4. 
All areas under the jurisdiction of the Coastal Area Facilities Review Act (N.J.S.A. 13:19-21) shall be shown, or it shall be so stated if there are none.
[Ord. No. 90-535]
A preliminary plat is required of all subdivisions classified as major subdivisions at the sketch plat stage and of all development proposals requiring site plan review.
a. 
Procedure for Submission of Preliminary Plat.
1. 
A preliminary plat shall be submitted to the Secretary. It shall be submitted in at least 10 copies and shall be accompanied by three copies of the application forms for preliminary approval, three copies of any protective covenants or deed restrictions applying to the land being subdivided and the application fee.
2. 
The applicant shall be responsible for supplying copies of the plat to the County Planning Board, New Jersey Commissioner of Transportation and adjacent municipalities for those development applications requiring public notice and County Planning Board review as required in the Municipal Land Use Law.
3. 
Hearings held on all applications for preliminary subdivision approval and preliminary site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 20 days prior to the hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (See subsection 17-12.6).
b. 
Action by the Borough. Upon the submission of a complete application for a site plan for 10 acres of land or less and/or subdivision containing 10 lots or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan of more than 10 acres and/or subdivision containing more than 10 lots, or whenever an application includes a request for relief pursuant to subsection 17-13.1a2 of this chapter, the Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
1. 
Upon the submission of a complete application for a site plan and/or subdivision pursuant to Section 17-13 of this chapter, the Planning Board shall grant or deny preliminary approval within 120 days of the date of such submission or within such further time as may be consented to by the developer.
2. 
The Board shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable if the literal enforcement of one or more provisions of the chapter is impracticable or will exact undue hardship be-cause of peculiar conditions pertaining to the land in question.
3. 
Should minor revisions or additions to the plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions. Should major revisions to the plan be deemed necessary the Board shall require that an amended plan be submitted and proceeded upon as in the case of the original application for preliminary approval.
c. 
Effect of Preliminary Approval. Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
1. 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to, use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements; and
2. 
That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision; and
3. 
That the applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
[Ord. No. 90-535]
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be drawn by a professional engineer or licensed land surveyor.
a. 
Subdivision Plat Details.
1. 
A key map showing the entire subdivision and its relationship to the surrounding areas at a scale of one inch equals not less than 2,000 feet.
2. 
Title Block:
(a) 
Name of subdivision, municipality and county;
(b) 
Name and address of subdivider;
(c) 
Name and address of the owner or owners of record and the names and addresses of all property owners within 200 feet of the extreme limits of the subdivision as shown on the most recent tax list prepared by the Tax Assessor;
(d) 
Name, address, signature and license number of the professional person who prepared the drawing;
(e) 
Acreage of tract to be subdivided to nearest 1/10 of an acre; and
(f) 
Total number of proposed lots;
3. 
Scale and north arrow;
4. 
Date of original preparation and/or each subsequent revision thereof;
5. 
Existing block and lot numbers of the tract(s) to be subdivided as they appear on the municipal tax map, and proposed block and lot numbers as provided upon request from the Borough Tax Assessor;
6. 
Subdivision boundary line (heavy solid line);
7. 
The location of existing and proposed property lines, streets, buildings (with an indication as to whether existing buildings will be retained or removed), water courses, railroads, bridges, culverts, drain pipes, and any natural features such as wetlands to the proper scales, within the tract;
8. 
Street rights-of-way within the subdivision and within 100 feet of its boundaries:
(a) 
Name of each street;
(b) 
Location and width;
(c) 
Center line elevation at intersections and other critical points;
(d) 
Typical cross-section and centerline profiles for all proposed new streets. They shall clearly indicate the type and width of pavements and location of curbs and sidewalks, if any, and tree planting strips. At intersections, any existing or proposed sign triangles and the radius of curblines shall be clearly indicated;
9. 
Other recorded rights-of-way and easements on the subdivision:
(a) 
Identification and description;
(b) 
Location and width;
(c) 
Restrictions of use, if any;
10. 
Lot Layout:
(a) 
Lot lines and dimensions of each lot to the nearest 1/10 foot.
(b) 
Building setback lines (dashed) and their dimensions from the street line;
(c) 
Existing zoning and boundaries thereof;
(d) 
Identification of lots or parcel to be reserved or dedicated to public use, if any;
11. 
All utilities serving the subdivision including water, gas and sanitary and storm sewers;
12. 
The preliminary plat shall show all areas designed as "wetlands" under the New Jersey Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.) or so state if there are none. Plats containing wetlands shall be accompanied by written approval of the proposed subdivision and improvements from the New Jersey Department of Environmental Protection, Bureau of Marine Lands Management.
13. 
The preliminary plat shall indicate whether the proposed subdivision is within the jurisdiction of the Coastal Area Facilities Review Act. (N.J.S.A. 13:9-21);
14. 
A certification from the Tax Collector that all taxes, municipal assessments and penalties are paid to date and shall accompany the preliminary plat;
15. 
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat; and
16. 
The proposed permanent monuments shall be shown.
b. 
Site Plan Details.
1. 
Boundaries of the tract; north arrow; date; scale; zone district(s) in which the lot(s) are located; existing and proposed streets and street names; the proposed finished grades on site; title of plans; easements; total building coverage in square feet and percent of lot; total number parking spaces; all dimensions needed to confirm conformity to the zoning ordinance, such as but not limited to, buildings, lot lines, parking spaces, setbacks and yards; a small key map giving the general location of the parcel to the remainder of the municipality; and the site in relation to all remaining lands in the applicant's ownership.
2. 
Each site plan submitted to the Borough for approval shall have the following information shown thereon or be annexed thereto:
(a) 
Size, height, location and arrangement of all existing and proposed buildings, structures and signs in accordance with the requirements of this chapter, including a rendering of a typical building and sign. Such plans shall indicate those buildings to re-main, the building design(s) and material(s) to be used, the proposed use(s) and the floor plan(s).
(b) 
Proposed circulation plans, including access streets, curbs, aisles and lanes, easements, fire lanes, driveways, parking spaces, loading areas, loading berths or docks, pedestrian walks, and all related facilities for the movement and storage of goods, vehicles and persons on the site in accordance with applicable requirements of this chapter, including the location of lights, lighting standards and signs and driveways within the tract. Sidewalks shall be provided from the primary building entrances and exits along expected paths of pedestrian travel, such as, but not limited to, access to parking lots, driveways, other buildings on the site, and across common yard spaces between buildings where pedestrian traffic can be expected and driveways which shall adhere to applicable requirements of this chapter.
(c) 
Existing and proposed buffer areas and landscaping shall be shown on plan. The landscaping plan, including seeded and/or sodded areas, grading, retaining walls, fencing, signs, recreation areas, shrubbery, trees and buffer areas, shall be in accordance with applicable requirements of this chapter. These plans shall show the location and type of any man-made improvements and the location, species and caliber of plant material for all planted or landscaped areas.
(d) 
The proposed location of all drainage, sewage and water facilities with proposed grades, sizes, capacities and types of materials to be used, including any drainage easements acquired or required across adjoining properties.
(e) 
A written description of the proposed operations of the building(s), including the number of employees or members of non-residential buildings; the proposed number of shifts to be worked and the maximum number of employees on each shift; expected truck and tractor-trailer traffic; emission of noise; glare; air and water pollution; safety hazards; and anticipated expansion plans incorporated in the building design.
(f) 
All lands under the control of the State Department of Environmental Protection and included in the Wetlands Act and/or Coastal Area Facilities Review Act shall be delineated on the site plan, and appropriate permits from the department shall be submitted to the Board prior to the granting site plan approval.
[Ord. No. 90-535]
A final plat is required of all major subdivision and development proposals requiring site plan review.
a. 
Procedure for Submission of Final Plat.
1. 
A final plat shall be submitted to the Administrative Officer within three years after the date of the preliminary approval or extension. The final plat and all supporting drawings and documents shall be submitted at least three weeks prior to the regular Planning Board meeting. Applications submitted two weeks before the meeting may be heard at the discretion of the Planning Board.
2. 
When applying to the Board for final approval, the applicant shall carry out the following steps:
(a) 
Incorporate all changes or modifications required by the Board in the approval of the preliminary plat.
(b) 
Pay the required fees pursuant to Section 7-15.
(c) 
Submit to the Administrative Officer copies of the final plat and three copies of the application for final approval. (For subdivisions, include the original tracings).
(d) 
Submit three copies of deeds of dedication for all properties, including street rights-of-way which are offered to the Borough for dedication.
(e) 
In cases involving subdivision approval, submit a statement by the Borough Engineer that he is in receipt of a map showing all improvements in exact locations and elevations, certifying the accuracy of the details of the plat, identifying these portions already installed and those to be installed, and that the applicant has complied with one or both of the following:
(1) 
Installed all improvements in accordance with the requirements of these regulations; or
(2) 
Posted a performance guarantee in a form and amount acceptable to the Borough Council, according to the provisions of Section 17-15.
b. 
Action by the Borough.
1. 
Taking into consideration any action by the County Planning Board, the Board shall take formal action, either approving or disapproving the final plat application, within 45 days of its complete and proper submission to the Administrative Officer. If the Board approves the plat, a notation to that effect shall be made on each plat and shall be signed by the Chairman and Secretary of the Board.
2. 
Failure of the Board to act within 45 days or a mutually agreed upon extension shall be deemed to be favorable approval, and the Secretary of the Board shall issue a certificate or letter to that effect.
3. 
The final subdivision plat shall be filed by the applicant with the County Recording Officer within 95 days from date of approval. No approved plat shall be accepted for filing by the County Recording Officer unless it has been duly approved by the Borough Planning Board and the County Planning Board (or acting Chairman and acting Secretary) and the County Planning Director or his representative. In the event of a failure to file within the 95 days, the approval of the major subdivision shall expire, and any further proceedings shall require the filing of a new plat. The Borough Council, for good cause shown, may extend the time for filing for an additional time period not to exceed 95 days. If approval has expired, a final plat may be resubmitted to the Planning Board if it is done so within three years of the date of preliminary plat approval. The applicant must submit a sketch plat as in the first instance if three years have elapsed since the date of preliminary plat approval.
c. 
Effect of Final Approval. Final approval shall confer upon the representative. In the event of a failure to file within the 95 days, the approval of the major subdivision shall expire, and any further proceedings shall require the filing of a new plat. The Borough Council, for good cause shown, may extend the time for filing for an additional time period not to exceed 95 days. If approval has expired, a final plat may be resubmitted to the Planning Board if it is done so within three years of the date of preliminary plat approval. The applicant must submit a sketch plat as in the first instance if three years have elapsed since the date of preliminary plat approval. Final approval shall confer upon the applicant the following rights for a two year period from the date of final approval:
1. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.
2. 
If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three such extensions.
[Ord. No. 90-535]
a. 
Subdivision Plat Details. The final plat shall be prepared at a scale of not less than one inch equals 50 feet in accordance with the New Jersey Map Filing Law (R.S. 46:23-9.9 to 23-9.16) and contain the following information:
1. 
Date of submission, name and location of the subdivision, and the name of the owner;
2. 
Graphic scale and reference meridian; at least one corner of the subdivision shall be tied to New Jersey Plan Coordinate Data with a description on the plat as to how the bearings were determined, provided a grid coordinate control point is situated within one mile distance from the proposed subdivision.
3. 
Tract boundary lines, street rights-of-way lines, street names, easements (and other rights of way), land to be dedicated to public use, lot lines and other site lines, bearings or deflection angles and radii, arcs and center angles for all curves;
4. 
Designation of the purpose of any easement of land set aside for public use, and a notation of proposed use on any non-residential sites;
5. 
Zoning boundaries and the zoning designation of all adjacent lands;
6. 
Block and lot numbers in conformity with existing tax map procedures;
7. 
Minimum building setback lines as specified in the development ordinance.
8. 
Location and description of monuments set and monuments to be set;
9. 
The final plat shall be accompanied by the following documents:
(a) 
Certification from the Tax Collector that all taxes, municipal assessments and penalties are paid to date;
(b) 
Certification that the applicant is the owner of the land or his properly authorized agent, or that the owner has given consent under an option agreement;
(c) 
Cross section and profile drawings of streets as approved by the Borough Engineer; and
(d) 
Plans and profiles of storm and sanitary sewers and water mains as approved by the Borough Engineer.
b. 
Site Plan Details.
1. 
All details stipulated in subsection 17-13.6b above shall be included.
2. 
All additional details required at the time of preliminary approval shall be submitted.
3. 
Detailed architectural and engineering data including:
(a) 
An architect's rendering of each building or a typical building and sign, showing front, side and rear elevations.
(b) 
Cross sections of streets, aisles, lanes and driveways, which shall adhere to applicable requirements of this chapter.
[Ord. No. 90-535]
The Planning Board may waive any of the requirements or details required to be shown on subdivision or site plan in any given application if the Board determines that certain requirements or specifications are not necessary to be shown in order to insure that the subdivision or site plan conforms to the standards of good planning and will not have a deleterious effect on neighboring property.
[Ord. No. 90-535]
The developer shall comply with the following requirements and principles in the design of each development or portion thereof. Prior to the granting of final approval, the developer shall have installed or, at the option of the Planning Board, shall have furnished performance guarantees in accordance with Section 17-15 of this chapter for the ultimate installation or protection of the items required by this section.
The development shall conform to design standards that will encourage a coordinated, well planned community with provisions for desirable services and circulation facilities. The development shall conform to the proposals and conditions shown on the Official Map and the Master Plan.
[Ord. No. 90-535]
a. 
Developments shall be served by paved public streets and all new streets shall be graded and provided with all weather base and pavement with an adequate crown in keeping with Borough specifications and standards.
b. 
The arrangement of streets shall be such as to provide for the appropriate continuous extension of existing mapped or potential streets.
c. 
No development showing reserve strips controlling access to another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the Governing Body after recommendation by the Board.
d. 
Developments that adjoin or include streets that do not conform to widths as shown on the Master Plan, Official Map or the street width requirements of this chapter, shall dedicate additional width along one or both sides of the road. If the development is along one side only, 1/2 of the required extra width shall be dedicated.
e. 
The pavement width of streets and the quality of surfacing and base materials shall adhere to the minimum standards set forth by the Borough, County or State engineers when the paving concerns roads under their jurisdiction and where such standards exist.
f. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. No more than two streets shall meet or intersect at any one point and the center lines of both intersecting streets shall pass through a common point, two intersections shall be spaced at a minimum of 300 feet. The block corners at intersections shall be rounded at the curbline with the street having the highest radius requirement as outlined below, determining the minimum standards for all curblines: arterials - 40 feet; collectors - 35 feet; local streets - 30 feet. Sight triangle easements shall be dedicated as follows: The area bounded by the right-of-way lines and a straight line connecting "sight points" on street center lines which are the following distances from the intersection of the center lines.
1. 
Where two arterial streets intersect, two overlapping sight triangles shall be required formed by 300 feet and 90 feet on each arterial. These requirements shall also apply when a County road and State highway intersect.
2. 
Where two collector streets intersect, two overlapping sight triangles shall be required formed by 200 feet and 90 feet on each collector. These requirements shall also apply when two County roads intersect.
3. 
Where two local roads intersect, 90 feet on both roads. At intersections involving a combination of roads, sight triangles shall be designed according to the standards outlined above for the respective roads.
g. 
Subdivisions affecting or involving County roads shall adhere to the design standards for such as set forth in the subdivision resolution of the County Planning Board.
h. 
Street Specifications.
1. 
The minimum requirements of any new street shall be constructed according to the specifications and procedures as set forth in the New Jersey Highway Department Standard Specification (1961) with addenda.
2. 
The thickness of bituminous surface, subbase, the type of subsoil aggregate and paving aggregate shall be constructed and applied according to "Standard Specifications for Road and Bridge Construction" New Jersey Department of Transportation, as amended or modified by Borough engineering standards.
3. 
The work shall be inspected through the course of construction by the Borough Engineer or his duly authorized representative, who shall be notified 48 hours before any work is started or continued.
[Ord. No. 90-535]
a. 
There shall be two metal street sign posts of steel installed at each street intersection and at such places as noted below. The post shall be 2 1/2 inches in diameter and not less than 12 feet in length. The post shall be set in concrete having a diameter of one foot and a depth of at least three feet in the ground. The street signs shall be metal and conform with existing signs as approved by the Borough Engineer.
1. 
At street intersections;
2. 
When two roads intersecting at right angles are connected by a curve;
3. 
At the peak of the curve connecting two parallel streets when the length of the streets exceeds the length of a loop.
b. 
Where traffic control signs are deemed necessary by the Board, subdivider or Borough Engineer for Borough, County or State highways, the proper Borough, County or State official shall be informed of the proposed installation in order that the proper agency may consider the necessity of the installation at its own expense.
All street name and traffic control signs shall be installed free of visual obstruction.
[Ord. No. 90-535]
a. 
Curbs, gutters and catch basins shall be adequate to handle the maximum water run-off from tributary lands.
b. 
Concrete curbs and gutters shall be constructed in accordance with New Jersey State Highway Specifications for curbs and gutters, as amended or as modified by Borough engineering standards.
c. 
The concrete to be used for curbs and gutters shall be Class B concrete as specified in the New Jersey State Highway Specifications for curbs and gutters.
d. 
The curb shall be laid in a workmanlike manner as directed and approved by the Borough Engineer.
e. 
The curb at all delivery openings shall be depressed at the front of the curb to a point 1 1/2 inches above the finished pavement.
f. 
The rear top corner of this curb shall have a radius of 1/4 inch and the front top corner shall have a radius of 1 1/2 inches.
g. 
Curb openings shall be in such width as shall be determined by the Borough Engineer but in no case more than 16 feet at the edge of the pavement.
[Ord. No. 90-535]
a. 
Sidewalks shall be four feet wide and located within the street right-of-way.
b. 
The street right-of-way outside the curbline shall be graded to produce a slope of 1/4 inch per foot, sloping toward the curb. This slope shall be applied to the sidewalks.
[Ord. No. 90-535]
Monuments shall be installed in compliance with the requirements of N.J.S.A. 46:23-9.11(9).
[Ord. No. 90-535]
a. 
A preliminary grading and drainage system plan shall be part of the preliminary plat. It shall indicate, in general terms, a proposal for an adequate system of drainage structures to carry off and store or discharge the storm water run-off and natural drainage water which originates not only within the property boundaries, but also that which originates beyond property boundaries.
b. 
Drainage structures which are located on State or County highways rights-of-way shall be approved by the State or County Highway Engineer's Office, and a letter from that office indicating such approval shall be directed to the Chairman of the Board and shall be received prior to the final plat approval.
c. 
The public improvement and utility plans and profiles shall show the final drainage plan and street profiles. They shall be prepared and submitted with the final plat after the approval of the preliminary plat and drainage plan.
d. 
No storm water run-off or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions.
e. 
The drains or culverts shall consist of sections of cast iron, reinforced concrete pipe or asbestos cement storm pipe. All pipe shall comply with the requirements of the current New Jersey State Highway Department Specifications governing materials.
f. 
The location, length, depth, grade, type and size of pipe shall be installed as indicated on the approved plans except where unusual or exceptional soil or other conditions are discovered at the time of construction which are not provided for in the plans, in which case such construction shall be determined by the Borough Engineer. Trenches shall be bridged at all street crossings, intersecting streets and public and private entrances in such a manner that traffic will not be interrupted.
g. 
The contractor shall have a sufficient quantity of timber and equipment constantly on hand for planking, sheet piling, fencing or shoring, and adequate pumping apparatus to meet all requirements of construction for use in case of accident or emergency.
[Ord. No. 90-535; Ord. No. 2005-756]
Every application for site plan/subdivision review or requests for variance relief shall be accompanied by a check payable to the Borough of Lake Como. A zoning application shall be submitted prior to any application for site plan/subdivision review or requests for variance relief. The cost of the zoning permit shall be $70; the amount of $25 shall be used to cover administrative costs and the remaining $25 shall be used to cover the Zoning Officer's review fee which is in addition to his base salary.
a. 
Subdivision:
1. 
Minor Subdivision: $400.
2. 
Major Subdivision - Preliminary plat: $550 plus $50 per lot based on the total number of lots in the subdivision.
3. 
Final Plat: One-half of the preliminary plat fee.
b. 
Site Plan:
1. 
Preliminary Site Plan:
(a) 
Residential: $550 plus 50 per unit.
(b) 
Nonresidential: $550 per acre of the entire tract or $50 per 1,000 square feet of gross floor area, whichever is greater.
(c) 
Conditional Use: $150
2. 
Final Site Plan: One-half of the preliminary plat fee.
c. 
Variances:
1. 
Appeals to action of an administrative officer pursuant to N.J.S.A. 40:55D-70a: $100.
2. 
Interpretation of the Zoning Ordinance or Map and Official Map pursuant to N.J.S.A. 40:55-70b: $300.
3. 
Hardship variance(s) pursuant to N.J.S.A. 40:55D-70c(1): $150.
4. 
Deviation variance(s) pursuant to N.J.S.A. 40:55D-70c(2) and N.J.S.A. 40:55D-60: $300.
5. 
Use variance pursuant to N.J.S.A. 40:55D-70d:
(a) 
Residential: $500, plus $100 per dwelling unit.
(b) 
Nonresidential: $500 per acre of the entire tract or $50 per 1,000 square feet of gross floor area, whichever is greater.
d. 
Informal Review:
1. 
Conceptual presentation before the appropriate municipal agency: $75 to $125.
2. 
Review of conceptual presentation by municipal staff: $300 per review requested by the applicant from each legal, engineering, environmental, traffic, planning, landscaping, etc., discipline.
3. 
Informal review fees shall be credited toward development review fees imposed by this Section 17-15, fees, etc., pursuant to N.J.S.A. 40:55d-10.1.
e. 
Waiver. Submissions before the Municipal Agency for a waiver of site plan: $70, plus $300 per review required by the municipal agency.
f. 
Amendment of Approval:
1. 
Amendment of preliminary or final plat or plan previously approved determined to be of minor nature by the municipal agency: $25.
2. 
Amendment of preliminary or final plat or plan previously approved determined to be nonsubstantial by the municipal agency: $100, plus $250 per review.
3. 
Amendment of preliminary or final plat or plan previously approved determined to be substantial by the municipal agency: full fee as required by Section 17-15, Fees.
4. 
Application for extension of time of site plan or subdivision approval pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.): $100.
5. 
Application for extension of time to complete required improvements pursuant to N.J.S.A. 40:55D-56.3b: One thousand ($1,000) dollars, plus two hundred fifty ($250) dollars per review required by the municipal agency for review from each of legal, engineering, environmental, traffic, planning, landscaping, etc., disciplines.
g. 
Appeal to Governing Body. Any appeal to the Borough Council of actions taken pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.): $500.
h. 
Special Meetings. Upon the request of an applicant for a dedicated special meeting to review the submission before the appropriate municipal agency.
1. 
Prior to the elapse of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) time limits for decision: $1,000 per special meeting.
2. 
After the elapse of said time limits: No fee.
i. 
Review Deposits:
1. 
The applicant shall deposit with the Borough monies to be utilized to pay the cost of any professional fees, including costs for the Engineer and/or Planner, incurred for review of a submission for development. Said money shall be placed in an escrow account pursuant to Section 17-16, Escrow Deposits.
2. 
No submission shall be deemed complete until such time as the applicant shall have posted with the Borough in cash, certified check or money order the amount of escrow determined herein. The amount of fees to be posted shall be:
Development Application
Escrow to Be Posted
Residential
(Units and/or Lots)
1
No Fee
2 to 4
$250
5 to 25
$1,000
25 to 100
$2,000
101 to 250
$3,000
251 to 1,000
$4,000
1,001 plus
$5,000
Development Application
Escrow to Be Posted
Commercial/Industrial:
Proposed addition or expanded
structures involving gross floor area of:
(square feet)
0 to 1,250
$500
1,251 to 10,000
$1,000
10,001 to 20,000
$2,000
20,001 to 30,000
$3,000
30,001 plus
$5,000
3. 
Upon the determination of completeness, the Administrative Officer shall review the submission to determine whether the escrow amount set forth herein and posted by the applicant is adequate to fund the review of the submissions. The Administrative Officer shall consider the following criteria in making such determination:
(a) 
Presence of critical areas as identified by the Borough of Lake Como Master Plan.
(b) 
Traffic impact of the proposed development.
(c) 
Impact of the proposed development on existing aquifers and water quality.
4. 
The Administrative Officer shall then determine whether the escrow amount specified is sufficient, excessive or insufficient. Such determination shall be filed with the municipal agency and the applicant. In the event that the amount posted is deemed to be excessive or that no escrow amount is required, the same shall be refunded within 30 days pursuant to Section 17-16, Escrow Deposits. In the event that additional monies are required, that the municipal agency shall make a determination which shall be deemed binding upon the parties.
5. 
In the event that the applicant or the municipal agency disagrees with the determination of the Administrative Officer of the escrow fee amount, then the municipal agency shall make a determination which shall be deemed binding upon the parties.
6. 
All such escrow funds shall be utilized by the Borough to pay the cost of any professional fees incurred by the municipality for review and/or testimony in connection with the applicant's sub-mission. All sums not actually so expended shall be refunded to the applicant within 60 days after the final determination by the municipal agency.
7. 
If additional monies were expended over the posted escrow amount, the applicant shall pay such monies within 30 days of notification. Payment of such monies shall be a mandatory condition of approval of all action taken by the municipal agency. No building permit shall be issued until all such fees are paid.
j. 
Calculation of Fees.
1. 
Submissions involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the plan.
2. 
Submissions involving a combination of approvals filed concurrently, including but not limited to subdivision, site plan and/or variance, shall pay the highest fee in full, plus 1/2 of each other fee applicable for each additional approval required.
3. 
Submissions involving a combination of approvals, not filed concurrently, shall pay the full fee as imposed herein.
4. 
Where a submission involves part of a unit of measure on which a fee is based, said unit of measure shall be rounded upward to the next whole unit.
k. 
Refund.
1. 
Submissions withdrawn at the request of the applicant prior to the commencement of the completeness review shall be entitled, upon application, to a refund of 90% of the fees paid herein and 100% of all escrow amounts posted with interest, less administrative fees pursuant to Section 17-16, Escrow Deposits.
2. 
Submissions withdrawn at the request of the applicant prior to the commencement of the hearing on the application shall be entitled upon application to a refund of 50% of the fees paid herein.
3. 
Submissions withdrawn at any other time at the request of the applicant shall not be entitled to any refund.
4. 
All such refunds shall be paid within 30 days of request.
l. 
Implementations.
1. 
Submissions filed after the effective date of this chapter shall submit fees specified herein at the time of filing.
2. 
Submissions presently filed but without a final determination by the municipal agency shall submit fees specified herein based upon accrual expenditures within 30 days of notification.
[Ord. No. 90-535]
a. 
Approval Requirements.
1. 
No final plat shall be approved until all items required to be bonded (on-site, on-tract and off-tract) have been installed and approved by the Municipal Engineer and accepted by the Governing Body and a maintenance guaranty has been filed and accepted by the Governing Body or their installation shall have been provided for by a performance guaranty accepted for any item which has further stages of work or which will need to be altered or reworked due to the installation of any other facility. Any improvements installed prior to the final plat application that do not meet required standards shall be added to the performance guaranty.
2. 
As part of its final plat review, the Approving Authority shall determine which of the following improvements shall require a performance guaranty:
(a) 
On-site and/or on-tract improvements, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, C. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.
(b) 
Off-site and/or off-tract improvements.
3. 
Other improvements of a similar nature which can affect the health, safety and welfare of the community and which are included in the final plans shall also be included in the performance guaranty.
b. 
A performance guaranty estimate of cost of improvements shall be submitted to the Approving Authority by the Municipal Engineer as part of his report on final plat review. The Approving Authority may request the Municipal Engineer to update this estimate as required.
c. 
The applicant shall submit the performance guaranty required for final plat approval to the Municipal Engineer and Attorney for review and then to the Governing Body for approval and acceptance by resolution. Final plat submission shall not be made until the performance guaranty has been accepted and approved by the Governing Body.
1. 
The performance guaranty shall consist of the performance guaranty cost estimate and a performance bond in which the developer shall be principal and the surety company licensed to do business in the State of New Jersey, and/or cash or certified check which shall be deposited with the Borough Treasurer. The Treasurer shall issue a receipt of such deposits and shall retain them, to be returned to the developer upon completion of all required work or, in the event of default, to be used by the Borough to complete the requirements. If the improvements have not been completed in accordance with the standards or within the stipulated time but not longer than two years, the obligor and surety for any bond shall be liable thereon for the reasonable cost of completing the improvements. Upon authorization by the Governing Body, the Municipal Attorney shall take the necessary steps to obtain such costs from the obligor and surety. The Borough may, either prior to or after receipt of the proceeds thereof, complete such improvements.
2. 
The total performance guaranty shall equal 120% of the performance guaranty cost estimate plus an amount equal to 15% of the cost of any facilities installed prior to final plat submission as a maintenance guaranty. Ninety percent of this total shall be either certified check, bank money order or surety bond of a bonding company approved by and at the option of the Governing Body. The remaining 10% shall be in cash and shall be paid in a like manner and under the same conditions as the security aforesaid. In the event of default, the 10% cash fund shall be first applied to complete the requirements, and the cash, certified check or surety bond shall thereafter be resorted to, if necessary. The cash or surety bond may recite the foregoing provision. The Municipal Engineer's certification that the principal has satisfactorily installed or has defaulted in meeting the required standards of construction shall be the basis for Governing Body action which accepts or rejects the improvements, withholds the improvements.
d. 
The Borough Clerk shall immediately notify the Approving Authority and the Municipal Engineer when the performance guaranty has been approved and accepted by the Governing Body.
e. 
Prior to beginning construction, the developer shall arrange for a preconstruction conference between the developer, contractor and Municipal Engineer. The Municipal Engineer shall be notified by the developer at least five days in advance of the start of construction. The cost of inspection shall be the responsibility of the developer, who shall reimburse the Borough for all reasonable inspection fees by submitting a certified check or bank money order to the Borough Clerk. This fee shall be in addition to the amount of the performance guaranty and all application fees as outlined above and shall be deposited initially in accordance with the following schedule. Upon completion of the development and all inspections, the developer shall receive an accounting of the expended funds. Any unexpended funds shall be returned to the developer. Should the initial deposit be insufficient to cover inspections and costs, the developer shall deposit additional sums upon notice of the Borough Clerk, each additional deposit being in an amount not to exceed 50% of the initial deposit.
Estimated Construction Cost
Inspection Fee
Under $5,000
$350
$5,000-$10,000
$350 + 5% of excess over $5,000
$10,000-$50,000
$600 + 4.5% of excess over $10,000
$50,000-$75,000
$2,400 + 4% of excess over $50,000
$75,000-$100,000
$3,400 + 3.5% of excess over $75,000
Over $100,000
$4,275 + 3% of excess over $100,000
f. 
No work shall be done without permission from and inspection by the Municipal Engineer. No underground installation shall be covered until inspected and approved. The Municipal Engineer's office shall be notified after each of the following phases of the work has been completed so that he may inspect the work: road subgrade; curb and gutter forms; curbs and gutters; road paving (after each coat in the case of priming and sealing); drainage pipes and other drainage structures before backfilling; shade trees and planting strips; street name signs; and monuments.
g. 
No utility installations installed by utility companies shall be subject to the inspection requirements.
h. 
Occupancy permits will be issued only when curbs, utilities, functioning water supply and sewage treatment facilities, necessary storm drainage to ensure proper drainage of the lot and surrounding land, rough grading of lots, soil stabilization, base course for the street and driveway, and sidewalks are installed to serve the lot and structure for which the permit is requested. Streets shall not receive surface course paving until all heavy construction is completed. Shade trees shall not be planted until all grading and earthmoving is completed. Seeding of grass areas shall be the final operation.
i. 
Inspections by the Municipal Engineer shall not subject the Borough to claims, suits or liability of any kind that may arise because of defects or negligence, it being recognized that the responsibility to provide proper utilities and improvements and to maintain safe conditions at all times on all parts of the tract is upon the developer and his contractors or subcontractors, if any.
j. 
After completing the improvements, the developer shall prepare two sets of the plans and the profiles amended to read "as constructed" and to apply to the Governing Body for final inspection of the work. The Municipal Engineer shall, within 30 days of completing the inspection, report in writing to the Governing Body, indicating either approval, partial approval or rejection with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
k. 
The Governing Body shall either approve, partially approve or reject the improvements and shall notify the obligor by certified mail of the contents of the Municipal Engineer's report and the action of the approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements, except that no approval or partial approval shall be granted until an acceptable maintenance guaranty has been submitted and approved by the Governing Body to cover the improvements. Where partial approval is granted, the obligor shall be released from liability pursuant to its performance guaranty, except for a portion sufficient to secure completion of the improvements not yet approved; provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the Governing Body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from liability pursuant to such performance guaranty for such improvements. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by resolution of the Governing Body. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the date of the passage of the resolution.
l. 
If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements, and upon completion the same procedure of notification as set forth above shall be followed.
m. 
Upon request of the developer in writing, by certified mail, with copies to the Planning Board and Municipal Engineer, the Governing Body may reduce the amount of the performance guaranty after considering the report of the Planning Board and the Municipal Engineer. The performance guaranty retained shall be sufficient to cover the cost of uninstalled, uncompleted and defective improvements, engineering costs and an amount equal to 15% of the cost of completed facilities to assure upkeep of these facilities until accepted by the Governing Body and until covered by a maintenance guaranty. Agreement to reduce the performance guaranty in accordance with this provisions shall not constitute approval or acceptance of any of the improvements by the Governing Body. The reduction shall first be in the surety portion of the performance bond, and only in the cash portion after all the surety portion has been released.
n. 
The approval of any plat under this chapter by the approving authority shall in no way be construed as acceptance of any street, drainage system or other improvement required by this chapter, nor shall such plat approval obligate the Borough in any way to maintain or exercise jurisdiction over such street, drainage system or other improvements. Acceptance of any street, drainage system or other improvement shall be implemented only by favorable action by the Governing Body.
o. 
Maintenance Guaranty. No improvement shall be accepted by the Governing Body unless and until all of the following conditions have been met:
1. 
The Municipal Engineer shall have certified in writing that all the improvements are complete and that they comply fully with the requirements of this chapter and of other applicable local ordinances.
2. 
The developer has provided a maintenance guaranty to the Governing Body in an amount equal to 15% of the cost of improvements and running for two years. Ninety percent of this total shall be in either certified check, bank money order or surety bond of a bonding company approved by and at the option of the Governing Body. The remaining 10% shall be in a certified check. The maintenance guaranties shall be in a form acceptable to the Governing Body and approved as to form and content by the Municipal Engineer and Attorney. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Borough for such utilities or improvements.
3. 
To obtain release of the maintenance bond, the developer shall, after all required maintenance has been completed, apply to the Governing Body in writing, by certified mail, with copies to the Planning Board and Municipal Engineer, for final inspection of the work. The Municipal Engineer shall, within 30 days of receipt of request for inspection, report in writing to the Governing Body, with a copy to the Planning Board, indicating either approval, partial approval or rejection of the improvements from a maintenance viewpoint with a statement of reasons for any rejection.
4. 
The Governing Body shall either approve or reject the improvements and release of maintenance bond or reduce the amount of the maintenance bond, following the same procedures as for performance bonds.
p. 
All money deposited by an applicant pursuant to approvals granted under the Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.) shall comply with the provisions of N.J.S.A. 40:55D-53.1. Deposits with municipality; escrow; interest, provided that the municipality may, by resolution, retain an amount not in excess of the amount permitted by statute for administrative and custodial expenses so permitted.
[Ord. No. 90-535]
All monies posted by an applicant for review fees, engineering inspection fees, cash performance guaranties, cash maintenance guaranties, etc., required under this chapter which are to be held in trust (escrow) for a dedicated purpose shall be deposited by the Municipal Treasurer in accordance with provisions of N.J.S.A. 40:55D-53.1. Deposits with municipality; escrow; interest. The Municipality may, by regulation, return an amount not in excess of the amount permitted by statute for administrative and custodial expenses. All interest not retained by the Borough shall be applied to the account for the purpose originally specified unless otherwise prohibited by law.
[Ord. No. 2008-812]
The following construction site maintenance standards shall be the responsibility of the property owner and/or contractor who shall maintain the entire site in a safe and orderly condition during construction.
a. 
The following construction site maintenance standards shall apply to any size property where any construction activities are undertaken. These standards shall include, but are not limited to, the following:
1. 
Open excavation shall be enclosed by fencing or barricades during nonconstruction hours.
2. 
Excavation of previously installed sidewalk and pavement areas shall be clearly marked with signs and barricades. All appropriate permits and Borough approvals for the excavation of previously installed sidewalk and pavement areas shall be obtained. Alternate safe access shall be provided for pedestrians and vehicles. Any excavated sidewalk or pavement areas which will not be repaired within 48 hours shall be covered in a fashion to permit safe pedestrian and/or vehicular traffic.
3. 
Materials stored on the site shall be screened from the view of occupants of the project and/or adjoining streets and properties.
4. 
Construction equipment, construction trailers, materials and trucks shall not be stored within 15 feet of occupied buildings and adjoining streets, sidewalks and/or properties during non-construction hours.
5. 
Portable bathroom facilities shall not be placed within 15 feet of occupied buildings and adjoining streets, sidewalks and/or properties.
6. 
Construction activities which will result in damage to trees and landscaping on occupied lots and/or adjoining properties shall not be permitted. Trees and environmentally sensitive areas shall be protected, at a minimum, by the use of orange construction fencing at the drip line of all trees.
7. 
Unsightly construction debris, including scrap materials, cartons, boxes and wrappings must be removed daily at the end of each working day or placed in dumpster. Dumpsters shall be covered when the construction site is not active.
8. 
Dumpsters shall not be stored within 15 feet of occupied buildings and adjoining streets, sidewalks and/or properties. All dumpsters shall be loaded so that no items are protruding out of the top or hang over the sides. Dumpsters shall be covered when the construction site is not active.
9. 
Proper measures shall be taken to prevent the tracking of mud onto public streets or roads or property of third persons. Such measures shall include but are not limited to covering muddy areas on site with clean, dry sand and/or gravel. All ingress/egress points to the site shall be maintained in a dry condition, and any mud tracked onto public streets or roads, or other areas of the building, or property of third party shall be immediately removed and the affected area cleaned.
10. 
A Certificate of Inspection shall not be issued until all machinery, materials, implements, barricades, staging, debris, and rubbish connected with or caused by the work are removed.
11. 
Within five calendar days after the issuance of a Certificate of Inspection or a Temporary Certificate of Inspection all contractor and/or developer signs, for sale and/or rent signs shall be removed, unless the property receiving such Certificate is part of a project and said property is not the last property in the project receiving such Certificate.
b. 
The following construction site maintenance standards, in addition to the standards set forth above, shall apply to properties which are subdivided into three or more new lots where any construction activities are undertaken and any properties on which nonresidential construction activities are undertaken ("project"). These standards shall include, but are not limited to, the following:
1. 
Necessary steps shall be taken to protect occupants of the project and the general public from hazardous and unsightly conditions during the entire construction period.
2. 
Safe vehicular and pedestrian access to occupied buildings in the project shall be provided at all times.
3. 
Open excavation shall be enclosed by fencing or barricades during non-construction hours. Movable barricades shall be equipped with yellow flashing hazard markers or other lighting from dusk till dawn.
4. 
Excavation of previously installed sidewalk and pavement areas which provide access to occupied buildings in the project shall be clearly marked with signs and barricades. Alternate safe access shall be provided for pedestrians and vehicles to the occupied buildings. Any excavated sidewalk or pavement areas which will not be repaired within 48 hours shall be covered in a fashion to permit safe pedestrian and/or vehicular traffic.
5. 
Construction traffic control devices shall be approved by the Chief of Police in accordance with subsection 7-8.5, Road Closing and Detours in the Revised General Ordinances of the Borough of Lake Como.
6. 
Snow shall be removed from all streets and roadways not yet accepted by the Borough but used by residents of the development within 12 hours after daylight after any such street or roadway is covered with snow or ice, and if same cannot be wholly removed from such streets and roadways, sand, salt and other proper substance shall be sprinkled thereon so that such street or roadway shall be safe for travel. This obligation shall commence upon the first occupancy of the development.
7. 
All locations and activities in the project which present potential hazards shall be marked with signs indicating the potential hazard.
8. 
Dumpsters shall not be placed on streets already dedicated to the Borough. Developers should avoid placing dumpsters on streets not dedicated to the Borough which are used by residents of the project, if so placed the dumpsters shall be clearly marked with signs and barricades and each corner protruding in the street shall be equipped with yellow flashing hazard markers or other lighting from dusk till dawn. Dumpsters shall be covered when the construction site is not active.
9. 
In addition to the measures to prevent the tracking mud onto public streets or roads or property of third persons set forth above, rumble strips sufficient to prevent the tracking of mud shall be installed and maintained during the course of the project.
10. 
Temporary driveways and/or access points to the site which abut a public street must, at a minimum be constructed of gravel to a point at least 15 feet back from the public street. The gravel shall be maintained so that it is not dispersed on to any public street and/or sidewalk. Temporary driveways and/or access points to the site shall be where a proposed road to the project and/or driveway to a lot will be constructed, if possible. Further, once heavy equipment is removed from the site which could harm a base coat, the asphalt base coat shall be installed in place of the gravel.
c. 
Waivers. Requests for waivers from any of these provisions shall be made in writing to the Director of Code Enforcement. Said requests shall specifically state which sections of these regulations a waiver is requested, why the waiver is needed and what alternate steps will be taken to avoid the outcome which the regulation is intended to prevent. The Director of Code Enforcement may only grant the waiver if the Director finds that the strict enforcement of the regulations presents a unique hardship to the individual requesting the waiver to the general public and that the proposed alternate steps, or the alternate steps required by the Director of Code Enforcement will adequately address the outcome which the regulation is intended to prevent and will adequately protect the health, safety and welfare of the occupants of the property and/or the project and the general public. The Director of Code Enforcement is not authorized to grant a waiver of any specific requirement of a Planning Board or Zoning Board of Adjustment approval which relates to construction site maintenance.
d. 
Should the property owner and/or contractor fail to maintain the project in a safe and orderly condition, the Borough may, on two days' written notice, or immediately in the case of hazard to life, health, or property, undertake whether work may be necessary to return the project to a safe and orderly condition. The cost thereof shall be charged against the performance guaranty, or if none has been posted, or if the guaranty is insufficient to cover the costs, the costs shall constitute a lien against the property.
e. 
Enforcement—Violations—Penalties.
1. 
Enforcement. The provisions of this subsection shall be enforced by the Department of Code Enforcement.
2. 
Violations and Penalties. Any violations of this subsection shall be subject to the penalty provision set forth in the Penalty Section (Chapter I, Section 1-5) of the Borough of Lake Como Revised General Ordinances.
[Ord. No. 89-533, § 1; Ord. No. 90-535]
Any future development within the Borough of Lake Como must include an area dedicated for the sole purpose of recycling.
a. 
Recyclable Materials Storage.
1. 
Materials designated in Chapter XIII, Solid Waste Management Section 13-2 Recycling Program shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:
(a) 
For each subdivision application for 25 or more multifamily units, the applicant shall provide a storage area of at least three square feet within each dwelling unit to accommodate a one week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bimetal cans, plastic, cardboard). The storage area may be located in the laundry room, garage, or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development.
(b) 
For each site plan application for commercial and industrial developments that utilize 1,000 square feet or more of land, the applicant shall provide the Municipal Agency with estimates of the quantity of mandated recyclable materials (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bimetal cans, high grade paper, and corrugated cardboard, and plastic bottles) that will be generated by the development during each week. A separated storage area must be provided to accommodate a one to four weeks accumulation of recyclable material. The municipal agency may require the location of one or more common storage areas at convenient locations within the development.
[Ord. No. 90-535; New]
a. 
Any person, firm or corporation that shall violate any provisions of this chapter shall, upon conviction thereof by any Court authorized by law to hear and determine the matter, be fined such sum not exceeding $1,250, as such Court in its discretion may impose; or, if the party so convicted be a natural person, such person may be imprisoned for such term not exceeding 90 days, as such Court in its discretion may impose, or be fined a sum not exceeding $1,250, as such Court in its discretion may impose; or such natural person may be both imprisoned and fined not exceeding the maximum limits set forth herein, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.
b. 
The owner of any building or structure, lot or land, or part thereof, and/or the tenant or occupant of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist or be suffered, allowed or permitted to exist; and any architect, builder, developer, contractor, agent, person or corporation engaged in connection therewith and who assists in the commission of any such violation, shall each be guilty of a separate violation, and upon conviction thereof shall each be liable to the fine or imprisonment or both specified above.
[Ord. No. 90-535]
In case any building or structure is erected, constructed, reconstructed, altered, moved or converted; or any building, structure or land is used in violation of or contrary to the provision of this chapter, the Borough may institute an action to enjoin or any appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use.
[Ord. No. 90-535; New]
a. 
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Borough approval is required by ordinance pursuant to this act, such person shall be subject to a penalty not to exceed $1,000 and each lot disposition so made may be deemed a separate violation.
b. 
In addition to the foregoing, the Borough may institute and maintain a civil action:
1. 
For injunctive relief.
2. 
To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
c. 
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors to secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument or transfer, sale or conveyance of the land or within six years, if unrecorded.
[Ord. No. 90-535]
Within any zone, other than a residential zone, in which the lot(s) submitted for plat approval abuts a residential zone, the following buffer area and landscaping requirements shall apply:
a. 
A strip of land 20% of the average width of the property when a nonresidential use abuts a residential zone on the side, and/or 20% of the average depth of the property when a non-residential use abuts a residential zone at the rear, shall be designated as a buffer area and so indicated on the plat. Buffer areas will be contiguous with residential property lines and shall be of uniform width. In no case should the width of the buffer exceed 50 feet. If the buffer is less than 20 feet wide, the applicant may be required to erect a six-foot-high stockade fence within the buffer area parallel to the lot line of the abutting residential lot and set back a distance appropriate for the landscaping treatment in the buffer area.
b. 
Requirements for Planting in the Buffer Area.
1. 
A solid and contiguous landscaped screen shall be planted and maintained to conceal the parking and loading areas, eliminate the glare of vehicle lights throughout the year and camouflage the building from the abutting residential areas. The landscape screen shall consist of evergreen trees, such as hemlock, Douglas fir, Norway spruce, etc. Trees shall be planted in an area five to 20 feet from the residential line in a zigzag pattern and not more than six feet apart, except where otherwise authorized by the approving authority. Evergreen trees shall not be less than five feet high when planted and the lowest branches shall be not more than one foot above the ground. In the event the existing evergreen trees do not cover the required area from the ground, said landscaping screen shall be supplemented with evergreen shrubbery.
2. 
In addition to the landscaped screen, shade trees such as sugar maples, scarlet oaks, pin oaks, willow oaks, Norway maples, sweet gum, ash, etc., shall be planted by the applicant at a distance of not more than 40 feet from each other.
3. 
The height of the landscaped screen shall be measured in relation to the elevation of the edge of the parking and loading area. Where the landscaped screen is lower than the elevation of the parking or loading area, either the required height of the screen shall be increased equal to the difference in elevation or the parking or loading area shall be moved to allow the plantings to be located in an area with a similar elevation as the parking or loading area.
4. 
If the buffer area includes existing growth of evergreen and deciduous trees and shrubbery but not enough to provide a suitable screen as required above, existing trees and shrubbery may remain and shall be supplemented by additional evergreen plantings to provide the required landscape screen.
c. 
The approving authority shall have the power to waive any of the requirements or details specified above if it determines an adequate buffer can be provided in less than 20 feet while maintaining the purposes of this section. The approving authority, when considering waiving any of the buffer requirements, shall review the proposed plat and the standards and purposes of N.J.S.A. 40:55D-1 et seq. and, to these ends, shall consider the location of buildings, parking areas, outdoor illumination and other features of the topography of the area and existing features such as trees, streams; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of existing green areas and buffer areas; structures and uses; and such other matters as may be found to have a material bearing on the above standards and objectives.
[Ord. No. 90-535]
This chapter may be amended from time to time by the Borough after the appropriate referrals, notices, hearings and other requirements of law have been met.
[Ord. No. 90-535]
If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provisions so adjudged, and the remainder of this chapter shall be deemed valid and effective.