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.
[Added 7-20-2021 by Ord.
No. 2021-962]
a.
Purpose. Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16), N.J.S.A. 24:6I-45b, all cannabis establishments, including
a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler,
or a cannabis retailer, cannabis distributor or cannabis delivery
service are hereby prohibited from operating anywhere within the Borough
of Lake Como.
b.
Definitions. As used in this chapter, all classes of cannabis establishments,
including a cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, a cannabis retailer, and a cannabis distributor or cannabis
delivery service shall have the meaning as defined in Section 3 of
P.O. 2021, c. 16, N.J.S.A. 24:6I-33 et seq.
c.
General Prohibition. All classes of cannabis establishments including
a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler,
or a cannabis retailer, and a cannabis distributor or cannabis delivery
service, but not the delivery of cannabis items and related supplies
by a delivery service, as said terms are defined in Section 3 of P.L.
2021, c. 16, N.J.S.A. 24:6I-33 are hereby prohibited uses or activities
within the Borough of Lake Como.
[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.
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.
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.
shall mean the Borough Clerk of the Borough of Lake Como,
Monmouth County, New Jersey.
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.
shall mean a room or suite of rooms which is designed or
intended to be, or in fact is used as one dwelling unit.
shall mean every building or portion thereof, which contains
three or more dwelling units.
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.
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.
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.
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.
shall mean an area bound by two or more streets, which tend
to divide it from other similar areas.
shall mean the length of a street between two intersecting
or interrupting streets.
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.
shall mean the area of a lot remaining after the minimum
applicable yard requirements have been complied with.
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.
shall mean the total area expressed in square feet of the
outside dimensions of the principal building plus all accessory buildings.
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.
See Accessory building height.
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.
shall mean the line beyond which no part of a building may
be built or project.
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.
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.
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.
shall mean a building for civic, social, educational, cultural
and recreational uses, not operated primarily for monetary gain.
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.
shall mean a conveyance of land so as to combine existing
lots by deed or other instrument.
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.
shall mean any prefabricated structure brought in complete
form to, or assembled on the site, designed for the serving of meals.
shall mean the use of land for ingress and egress by vehicles
of any description.
shall mean a building designed for and used exclusively for
residential purposes.
shall mean a building designed for or containing three or
more dwelling units. This definition shall not include hotel or motel.
shall mean a detached building designed for and used exclusively
as one dwelling unit.
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.
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.
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.
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 there shall be at least seven
feet. (See also "building area.")
[Amended 3-1-2022 by Ord. No. 2022-970[1]]
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.
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.
The ratio between the sum of the floor area of each floor
of the principal building and accessory buildings on a lot and the
total area of the lot.
[Added 3-1-2022 by Ord. No. 2022-970]
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.
GARAGE, PRIVATEshall 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.
GARAGE, PUBLICshall 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.
|
MOTOR VEHICLE SERVICE STATIONshall 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.
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.
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 enclosed
floor area of the half-story (with a headroom height of five feet
or greater) exceed 50% of the enclosed floor area of the story below.
[Amended 3-1-2022 by Ord. No. 2022-970]
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.
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.)
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.
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.
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.
shall mean a use wherein dogs, cats or any other type of
domesticated or wild animals are boarded or bred for hire or sale.
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.
shall mean an area of land expressed in square feet which
is determined by the limits of the lines bounding that area.
See Floor area and Building area.
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.
On all corner lots, the depth of all yards abutting on streets,
shall not be less than the minimum front yard depth required.
Lot lines of corner lots, that are coexistent with side lines
of abutting lots, shall be considered side lines.
Lot lines of corner lots, that are coexistent with rear lines
of adjoining lots, shall be considered rear lines.
Lot lines of corner lots, that are coexistent with lot lines
of adjoining corner lots, shall be considered side lines.
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.
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.
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.
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.
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.
shall mean any use or accessory use in which goods, wares
or merchandise are offered for sale, or services rendered, on the
premises.
See Hotel.
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.
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.
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.
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.
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.
shall mean an open area, other than street or other public
way, for the same uses as a private garage, where permitted.
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.
shall mean a use or accessory use where motor vehicles are
stored, parked, kept or located in the open with or without charge.
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.
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.
shall mean the Planning Board of the Borough of Lake Como.
shall mean the map of a subdivision or site plan and is used
interchangeably in the chapter with "plan".
SKETCH PLATshall 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.
PRELIMINARY PLATshall 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.
FINAL PLATshall 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.
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.
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.
shall mean a building or buildings in which is conducted
the main or principal use of the lot on which the building is situated.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
MINOR SUBDIVISIONshall 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.
|
MAJOR SUBDIVISIONshall mean any subdivision not classified as a minor subdivision.
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.
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.
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.
shall mean an integrated scheme of townhouse dwelling structures
and common tracts and facilities.
shall mean a structure containing two or more townhouse dwelling
units.
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.
are divided into the following definitions:
MOBILE HOMEshall 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.
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.
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.
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.
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.
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.
shall mean the Planning Board of the Borough of Lake Como.
[1]
Editor's Note: This ordinance amended the former definition
of "floor area" to read "enclosed floor area."
[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]
b.
Accessory Uses Permitted.
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:
[Amended 3-1-2022 by Ord. No. 2022-970]
|
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)
|
|
FAR
|
1.0
|
1.0
|
1.0
|
|
*(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 40% of the
total lot area for buildings, including the principal building, accessory
buildings and decks.
[Amended 8-10-2021 by Ord. No. 2021-963]
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]
b.
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 Enclosed Floor Area Minimums.
[Amended 3-1-2022 by Ord. No. 2022-970]
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 150
additional square feet to be added to the gross enclosed floor area
of an apartment and 200 additional square feet be added to the gross
enclosed 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.
[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.
8.
Public purpose uses.
9.
Undertaking and funeral services.
10.
Nursing homes.
11.
(Reserved)
12.
Churches.
b.
Accessory Uses Permitted.
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.
(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
enclosed floor area, and shall have no more than two bedrooms.
[Amended 3-1-2022 by Ord. No. 2022-970]
(9)
Townhouses. Each townhouse shall have a minimum of 1,500 square
feet of habitable enclosed floor area and shall have no more than
two bedrooms.
[Amended 3-1-2022 by Ord. No. 2022-970]
(10)
Multiple principal buildings are permitted on each lot in this
zone.
(c)
(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.
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.
[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.
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.
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.
[Amended 9-19-2023 by Ord. No. 2023-10]
[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 75 square feet of
enclosed floor area devoted to assembly rooms for service.
[Amended 3-1-2022 by Ord. No. 2022-970]
(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 100 square feet of enclosed floor area
to which the public has access.
[Amended 3-1-2022 by Ord. No. 2022-970]
(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.
(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.
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:
[Ord. No. 90-535; Ord. No. 2010-842]
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%.
| |
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.
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:
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;
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.
(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:
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.
[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.
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]
[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.
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.
d.
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.
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:
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.
[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.
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.
