Editor's Note: The Zoning Ordinance was adopted on December 21, 1982 by Ordinance No. 890, and was further amended and supplemented by ordinance. When the Township of West Caldwell codified the general and permanent ordinances in the 1993 Code, Ordinance No. 890, as amended, was added as Chapter 20. At the request of the Township Officials, the Zoning Regulations have been included in the 1995 Code as Chapter 20, using the original ordinances for the text and source history.
[Ord. No. 890 § 20-1]
This chapter shall be known as the Zoning Ordinance of the Township
of West Caldwell.
[Ord. No. 890 § 20-2]
This chapter is adopted pursuant to the authority of the Municipal
Land Use Law, Chapter 291, Laws of New Jersey, 1975, (N.J.S.A. 40:55D-62),
as amended.
[Ord. No. 890 § 20-3]
The provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare consistent with the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.). The provisions of Chapters 18A, 19 and 21 of the Revised General Ordinances of the Township of West Caldwell shall apply to this chapter, and, more particularly, unless the context clearly indicates otherwise, all the terms, definitions and procedures contained in the Land Use Procedures Ordinance (Chapter 18A) of the Township of West Caldwell shall have the same meanings and shall be applicable in the interpretation and scope of this chapter.
It is not intended by this chapter to repeal, abrogate, annul
or in any way impair or interfere with existing provisions of other
laws or ordinances, or any private restrictions placed upon property
by covenant, deed or other private agreement; provided however that
where this chapter imposes greater restrictions than those imposed
by such other laws, ordinances, covenants, deeds or other private
agreements, the provisions of this chapter shall control.
[Ord. No. 890 § 20-4; Ord. No. 937]
No land may be used and no building or structure may be erected,
raised, moved, extended, enlarged, altered, demolished, or used for
any purpose other than that permitted herein for the zone district
in which it is located, and all construction shall be in conformity
with the regulations provided in the zone district in which such construction
is located.
Notwithstanding the foregoing, any land, building, structure
or use owned or operated by the Township of West Caldwell or by any
utility, agency or other entity established by the Governing Body
of the Township shall be permitted in any zone district and shall
be exempt from the provisions of this chapter.
[Ord. No. 890 § 20-5.1; Ord. No. 1209 § 4; Ord. No. 1561 § 1; Ord.
No. 1639 § 1]
For the purpose of this chapter, the Township of West Caldwell
is hereby divided into the following zone districts, differentiated
according to use, area and bulk requirements, and designated as follows:
|
R-2
|
Single-Family Residence District
|
|
R-3
|
Single-Family Residence District
|
|
R-3A
|
Single-Family Residence and Cluster District
|
|
R-3B
|
Single-Family Residence and Continuing Care Retirement Community
District
|
|
R-3C
|
Multiple-Family Adult Community Residence District
|
|
R-3D
|
Single-Family Residence and Residential Cluster District
|
|
R-4
|
Single-Family Residence District
|
|
R-5
|
Multi-Family Residence District
[Added 8-17-2021 by Ord. No. 1839A-2021; amended 11-9-2021 by Ord. No. 1851-2021] |
|
R-6
|
Multi-Family Residence District
[Added 8-17-2021 by Ord. No. 1840A-2021] |
|
R-7
|
Multi-Family Residence District
[Added 6-15-2021 by Ord. No. 1843-2021] |
|
R-8
|
Multi-Family Residence District
[Added 6-15-2021 by Ord. No. 1841-2021] |
|
R-9
|
Multi-Family Residence Overlay District
[Added 6-15-2021 by Ord. No. 1842-2021] |
|
R-10
|
Planned Residence Overlay District
[Added 6-15-2021 by Ord. No. 1838-2021] |
|
B-1
|
Special Business and Multi-Family Residence District
|
|
B-2
|
Planned Shopping Center District
|
|
B-3
|
General Business District
|
|
M-1
|
Limited Manufacturing District
|
|
M-2
|
Limited Industry and Research Laboratory District
|
|
OP
|
Office and Professional Building District
|
|
OS
|
Open Space District
|
[Ord. No. 890 § 20-5.2; Ord. No. 1209 § 4; Zoning Map
Revisions: Ord. Nos. 770, 825, 1209, 1283, 1290; 1375, 1640, 1641;
amended Ord. No. 1801-2017; Ord. No. 1807-2018; 8-17-2021 by Ord. No. 1839A-2021; 11-9-2021 by Ord. No. 1851-2021; 4-18-2023 by Ord. No. 1869-2023]
The aforesaid zone districts are established by the locations
and boundaries as set forth and indicated on the Zoning Map of the
Township of West Caldwell, hereby made and declared to be a part of
this chapter, and to be located in the office of the Township Clerk.
This map entitled "Zoning Map of the Township of West Caldwell," prepared
and signed by the Township Engineer, shall be attached to all official
copies of this chapter.
If changes are hereafter made in the district boundaries or
other matters portrayed in the Zoning Map, the map shall be promptly
amended by the Township Engineer as of the effective date of such
amendment to note thereon each such change, the date and a brief description
of each such revision.
a.
Zoning Map amendments.
1.
Ord. No. 1801-2017 adopts a Redevelopment Plan along Bloomfield Avenue
and Kirkpatrick Lane, and constitutes an amendment to the zoning district
map included in the Township's zoning ordinance.
[Ord. No. 1801-2017 § 2]
2.
Ord. No. 1807-2018 amends the Redevelopment Plan along Bloomfield
Avenue and Kirkpatrick Lane, and constitutes an amendment to the zoning
district map included in the Township's zoning ordinance.[1]
[Ord. No. 1807-2018 § 2]
[1]
Editor's Note: Redevelopment Plan available at the Township
Ordinances or online with the Township Code.
3.
Ord.
1838 creates the R-10 Planned Residence Overlay District and constitutes
an amendment to the zoning district map included in the Township's
zoning ordinance.
[Added 6-15-2021 by Ord. No. 1838-2021; amended 4-18-2023 by Ord. No. 1869-2023]
4.
Ord.
1839A creates the R-5 Multi-Family Residential District and constitutes
an amendment to the zoning district map included in the Township's
zoning ordinance.
[Added 8-17-2021 by Ord. No. 1839A-2021; amended 11-9-2021 by Ord. No. 1851-2021; 4-18-2023 by Ord. No. 1869-2023]
5.
Ord.
1840A creates the R-6 Multi-Family Residential District and constitutes
an amendment to the zoning district map included in the Township's
zoning ordinance.
[Added 8-17-2021 by Ord. No. 1840A-2021; amended 4-18-2023 by Ord. No. 1869-2023]
6.
Ord.
1841 creates the R-8 Multi-Family Residential District and constitutes
an amendment to the zoning district map included in the Township's
zoning ordinance.
[Added 6-15-2021 by Ord. No. 1841-2021; amended 4-18-2023 by Ord. No. 1869-2023]
7.
Ord.
1842 creates the R-9 Multi-Family Residential Overlay District and
constitutes an amendment to the zoning district map included in the
Township's zoning ordinance.
[Added 6-15-2021 by Ord. No. 1842-2021; amended 4-18-2023 by Ord. No. 1869-2023]
8.
Ord.
1843 creates the R-7 Multi-Family Residential District and constitutes
an amendment to the zoning district map included in the Township's
zoning ordinance.
[Added 6-15-2021 by Ord. No. 1843-2021; amended 4-18-2023 by Ord. No. 1869-2023]
[Ord. No. 890 § 20-5.3]
Whenever any uncertainty or ambiguity exists as to the true
location of any boundary line of any district shown on the Zoning
Map, the following provisions shall apply.
a.
Center Lines. District boundary lines indicated as following or approximately
following streets, highways or other public or private ways or streams
shall be construed to follow the center lines thereof.
b.
Platted Lines. District boundary lines indicated as following or
approximately following platted lines shall be construed as following
such lines as the same appear on the current Tax Assessment Maps of
the Township of West Caldwell.
c.
Determination by the Board of Adjustment. Where, due to scale, lack of detail, or illegibility of the Zoning Map, there is uncertainty, contradiction or conflict as to the intended location of any district boundary lines as shown thereon, the determination thereof shall lie with the Board of Adjustment pursuant to Subsection 18A-7.4 of the Land Use Procedures Chapter of the Township of West Caldwell.
[Ord. No. 890 § 20-5.4; Ord. No. 937; Ord. No.
1206 § 1; Ord. No. 1283 § 7; Ord. No. 1419 § 1; Ord. No. 1464 §§ 2,
3; Ord. No. 1488 § 2; Ord. No. 1561 § 1; Ord. No. 1580 §§ X, XI; Ord. No. 1639 § 3; Ord. No. 1729 § 1; Ord.
No. 1745 § 3; Ord. No.
1797-2017 § 12; Ord. No.
1802-2017; amended 6-15-2021 by Ord. No. 1838-2021; 8-17-2021 by Ord. No. 1839A-2021; 8-17-2021 by Ord. No. 1840A-2021; 6-15-2021 by Ord. No. 1841-2021; 6-15-2021 by Ord. No. 1842-2021; 6-15-2021 by Ord. No. 1843-2021; 11-9-2021 by Ord. No. 1851-2021; 5-3-2022 by Ord. No. 1857-2022; 9-20-2022 by Ord. No. 1862-2022]
a.
The "Schedule of Height, Area, Bulk and Other Requirements, Zoning Ordinance of the Township of West Caldwell" (hereinafter called the "Schedule"), is hereby included as an attachment to this chapter.
b.
The Schedule, including accompanying notes, is intended to summarize
the major regulations covering permitted principal and accessory uses
and structures by zone district, unless provided to the contrary elsewhere
herein, including those applying to lot areas, yards, building heights
and other regulations that may be easily summarized in tabular form.
It is not intended to provide comprehensive coverage of all requirements
and provisions of this chapter. Areas, dimensions and other provisions
in the Schedule are minimum or maximum requirements, as applicable.
c.
The following provisions shall apply to the Schedule:
1.
Building height limitations shall apply to all structures on the
property, but shall not apply to chimneys, spires, gables, cupolas,
standpipes, clock and other ornamental towers, conventional television
antennas and similar, customary and necessary structures and mechanical
appurtenances, atriums or vestibules, provided that no such exception
shall cover at any level more than 10% of the applicable roof area
nor shall the height of any such exception exceed the actual or maximum
permitted height of the principal building, whichever is less, by
more than 30%. In addition to the foregoing limitation, in the case
of an exception for an atrium or vestibule, no other floor area other
than the ground floor shall be permitted under such an atrium or vestibule
and the total floor area of same shall not exceed 3% of the floor
area of the ground floor of the principal building.
2.
No part of a principal building shall extend into required or nonconforming
yards except as follows: Open steps, stairways, front door, open canopies,
and overhead awnings may extend not more than four feet; bay windows
and open porches, balconies or terraces less than 15 feet wide may
extend not more than two feet; and overhanging eaves, rainwater leaders,
windowsills and other incidental, normal and customary building fixtures
may extend not more than two feet. In no event shall any part of a
principal building be located within five feet of any property line.
3.
In residence districts, where single-family residential properties
have nonconforming lot depths, the minimum required rear yard setback
to the principal building may be reduced by 1/2 foot for each foot
of lot depth deficiency, provided that no such rear yard setback shall
be less than 30 feet, and further provided that the maximum allowable
building height shall be reduced by 1/4 foot for every foot of reduction
of the required rear yard setback.
4.
In residence districts, where three or more existing neighboring
residences form an established front setback line and where such properties
are located on the same side of the street as, and within 500 feet
of, a property on which a new residence is to be constructed, such
new residence shall conform to such established line. Notwithstanding
this provision, no new building shall be set back less than 30 feet
from the front property line nor shall such building be required to
be set back more than 50 feet from said property line.
5.
Minimum yards specified in the Schedule represent minimum required building setback lines, as that term is defined in § 18A-5 of the Land Use Procedures Ordinance of the Township of West Caldwell.
6.
Lot frontage shall not be less than 75% of the minimum required lot
width.
7.
"Max. Stories" specified in the Schedule shall be the maximum number
of stories in a principal building when viewed from a front yard,
and also when viewed from a side or rear yard if the principal building
setback in such yard is deficient by more than 10%. For the purposes
of this subsection, "Max. Stories" shall include any story whose ceiling
is more than five feet vertically above the average adjoining grade
level in the viewing yard and, if applicable, any story or half-story
within the roof area.
d.
Communications Antennas. Satellite dish antennas greater or equal to 40 inches in diameter or diagonal measurement and personal communications antennas, as regulated pursuant to Subsections 20-17.21 shall be limited in quantity to one on any property in any zone district, except that satellite dish antennas greater or equal to 40 inches in diameter or diagonal measurement shall be limited in quantity to eight on any property in the M-2 zone district.
[Ord. No. 890 § 20-6.1]
a.
Single-family detached dwellings.
[Ord. No. 890 § 20-6.2; Ord. No. 937; Ord. No.
1209 § 6; Ord. No. 1419 § 2]
[Ord. No. 890 § 20-6.3; Ord. No. 1419 § 3]
[Ord. No. 890 § 20-6.5]
[Ord. No. 890 § 20-7.1]
a.
Single-family detached dwellings.
[Ord. No. 890 § 20-7.2; Ord. No. 937; Ord. No.
1209 § 6; Ord. No. 1419 § 2]
[Ord. No. 890 § 20-7.3; Ord. No. 1419 § 3]
[Ord. No. 890 § 20-7.5]
[Ord. No. 890 § 20-8.1]
a.
Single-family detached dwellings.
[Ord. No. 890 § 20-8.2; Ord. No. 937; Ord. No.
1209 § 6; Ord. No. 1419 § 2]
[Ord. No. 890 § 20-8.3; Ord. No. 1419 § 4]
[Ord. No. 890 § 20-8.5]
[Ord. No. 1209 § 7]
a.
Single-family detached dwellings.
[Ord. No. 1209 § 20-7; Ord. No. 1419 § 2]
[Ord. No. 1209 § 7; Ord. No. 1419 § 5]
[Ord. No. 1209 § 7]
[Ord. No. 1561 § 1; Ord. No. 1725]
a.
Multiple-Family Adult Community Residential. Adult community as defined
herein shall mean a residential community in which at least 80% of
the dwelling units are permanently occupied by at least one person
55 years of age or over and in which no children under the age of
18 are permitted to reside on a permanent basis. Appropriate restrictive
covenants shall be imposed upon the community to ensure compliance
with these age restrictions and with the housing for older persons
exemption of the Federal Fair Housing Act, 42 U.S.C. § 3601
et seq.
[Ord. No. 1561 § 1]
b.
Centralized communications antennas are permitted, subject to the applicable standards of Subsections 20-17.21 and 20-19.9, such that only one antenna may be installed per property for each means of communications (terrestrial and satellite radio and television). All antennas shall be roof mounted and screened, with interior cable and conduit runs provided to serve each unit, and shall be subject to prior review and approval by the Planning Board.
[Ord. No. 1561 § 1]
a.
None.
[Ord. No. 1561 § 1]
a.
Height, area, bulk and other requirements shall conform with the provisions of Subsection 20-5.4.
b.
No building shall exceed 230 feet in length.
c.
Landscaped and wooded buffer areas shall be provided, where applicable, pursuant to Subsection 20-21.1, and shall be subject to prior review and approval by the Planning Board.
e.
There may not be more than one principal building on the lot.
f.
No principal building shall contain more than 30 dwelling units,
and not more than 15 units on any given floor.
g.
All interior access roads shall be at least 20 feet in width.
h.
Provision shall be made to eliminate the need for individual window
air conditioning units.
i.
Provision shall be made to eliminate the need for individual television
(terrestrial and satellite) antenna along the roof or facade of the
building.
j.
Building setbacks shall provide for adequate access for fire and
emergency access, and sufficient "Siamese" hydrant connections shall
be provided to the rear of the building.
k.
An adequate and centralized area shall be provided for the collection
of garbage, waste and recyclable material, which area shall be screened
with a six-foot chain link fence made with redwood or equivalent,
privacy slats enclosing said area or such other screening as may be
approved by the Planning Board.
[Ord. 1639 § 2]
a.
Single-family detached dwellings subject to the standards of the
R-3 Zone.
b.
On a tract of at least four acres in area, multi-family dwellings
in residential clusters, including townhouses, at a maximum density
of 7.5 dwelling units per gross acre with the acreage determined prior
to any right-of-way dedication for widening of existing roads. Any
residential cluster project shall provide on-site dwelling units for
low- and moderate-income households, consistent with the regulations
of the New Jersey Council on Affordable Housing so that the project
satisfies the low- and moderate-income housing need generated by the
market-rate units in the project. At least 80% of all dwelling units
shall be townhouses. All market rate units and the maximum of all
units consistent with COAH regulations shall have no more than two
bedrooms.
[Ord. 1639 § 2]
a.
Private garages, storage sheds, home occupations, private residential swimming pools, satellite dish antennas, off-street parking areas, signs; all subject to the applicable standards of §§ 20-19, 20-23 and 20-24. Patios and decks attached to dwelling units may be located in any yard other than the required front yard of the tract.
b.
Associated with a multi-family development are permitted community
meeting and recreational buildings adhering to the dimensional standards
of principal buildings.
[Ord. 1639 § 2]
a.
Any conditional use permitted in the R-3 Zone.
[Ord. 1639 § 2]
b.
A minimum buffer of 20 feet in width shall be provided at the perimeter
of any multi-family development. Where the development abuts a non-residential
property or zone, said buffer may be reduced to no less than 10 feet
at the sole discretion of the Planning Board, provided that enhanced
fencing or landscaping is provided as compensation for the relaxed
buffer width.
c.
Any building in a multifamily development shall be separated by at
least 15 feet from any other building.
d.
Multi-family development shall provide at least two open space areas,
each with a minimum width of 100 feet and with the total of all such
areas resulting in a ratio of at least 700 square feet per dwelling
unit.
e.
All buildings in a multifamily development shall be designed to be
architecturally compatible with one another and the site shall accommodate
pedestrian travel on walkways which are independent of cartways intended
primarily for vehicles.
[Ord. No. 890 § 20-9.1]
a.
Single-family detached dwellings.
[Ord. No. 890 § 20-9.2; Ord. No. 937; Ord No. 1209 § 6; Ord. No. 1419 § 2]
[Ord. No. 890 § 20-9.3; Ord. No. 1419 § 6]
[Ord. No. 890 § 20-9.5]
[Added 8-17-2021 by Ord. No. 1839A-2021; amended 11-9-2021 by Ord. No. 1851-2021]
The following standards shall apply to development within the R-5 District. When the standards herein conflict with other provisions of Chapter 20, the standards herein shall apply.
[Added 8-17-2021 by Ord.
No. 1839A-2021; amended 11-9-2021 by Ord. No. 1851-2021]
a.
Multi-family residential units.
[Added 8-17-2021 by Ord.
No. 1839A-2021; amended 11-9-2021 by Ord. No. 1851-2021]
a.
First floor or ground parking incorporated into the building design
and off-street parking areas.
b.
Resident amenities including, but not limited to, clubrooms, lounges,
game rooms, mail rooms, leasing office, and similar interior common
resident amenities incorporated into a larger building design. These
accessory uses shall not be in stand-alone structures.
d.
Signs.
e.
Trash enclosures.
f.
Public and private utilities.
[Added 8-17-2021 by Ord.
No. 1839A-2021; amended 11-9-2021 by Ord. No. 1851-2021]
[Added 8-17-2021 by Ord.
No. 1839A-2021; amended 11-9-2021 by Ord. No. 1851-2021]
a.
Twenty percent of all units shall be set aside for low- (including
very-low-) and moderate-income households, regardless of tenure, for
all new multi-family residential developments of five units or more
The mandatory set aside shall not apply to residential expansions,
additions, renovations, replacement, or any other type of residential
development that does not result in a net increase in the number of
dwellings of five or more.
b.
Based on a maximum density of 35 units per acre and the 20% mandatory
set-aside, the affordable housing yield will be a total of 28 units.
A total of four such units shall be set aside for very-low-income
households.
c.
Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Chapter 23, Affordable Housing.
d.
The development, unit distribution, and marketing of all affordable units shall be undertaken consistent with Chapter 23, Affordable Housing, and all other applicable law, rules, and regulations, including applicable COAH regulations, the Fair Housing Act, and its requirement that at least 13% of all affordable units associated with this project be made affordable to very-low-income households.
e.
All affordable housing units shall ultimately be rental. The developer
shall be responsible for all costs associated with the initial rental
of the affordable units, and for the continuing administration of
the affordable units and the preservation of the creditworthiness
of the units.
[Added 8-17-2021 by Ord.
No. 1839A-2021; amended 11-9-2021 by Ord. No. 1851-2021]
[Added 8-17-2021 by Ord.
No. 1839A-2021; amended 11-9-2021 by Ord. No. 1851-2021]
[Added 8-17-2021 by Ord.
No. 1839A-2021; amended 11-9-2021 by Ord. No. 1851-2021]
a.
Buildings shall avoid long, monotonous, uninterrupted walls or roof
planes. Building wall offsets, including projections such as canopies
and recesses, shall be used in order to add architectural interest
and variety and to relieve the visual effect of a simple, long wall.
Similarly, in the case of a pitched roof, roofline offsets, dormers
or gables shall be provided in order to provide architectural interest
and variety to the massing of a building and to relieve the effect
of a single, long roof.
b.
The maximum spacing between building wall offsets shall be 75 feet.
c.
The minimum projection or depth of any individual vertical offset
shall be one foot.
d.
The maximum spacing between roof offsets shall be 75 feet.
e.
The architectural treatment of the front facade shall be continued
in its major features around all visibly exposed sides of a building.
All sides of a building facing a public street shall be architecturally
designed to be consistent with regard to style, materials, colors,
and details.
f.
Fenestration shall be architecturally compatible with the style,
materials, colors, and details of the building. Windows shall be vertically
proportioned.
g.
All entrances to a building shall be defined and articulated by architectural
elements such as lintels, pediments, pilasters, columns, porticoes,
porches, overhangs, railings, etc.
h.
Heating, ventilating and air-conditioning systems, utility meters
and regulators, exhaust pipes and stacks, satellite dishes and other
telecommunications receiving devices shall be screened or otherwise
specially treated to be, as much as possible, inconspicuous as viewed
from the public right-of-way and adjacent properties.
i.
All rooftop mechanical equipment, inclusive of solar equipment, shall
be screened from view from all vantage points at grade or below the
roof.
j.
Placement of any packaged terminal air-conditioner units within the
facade is prohibited.
[Added 8-17-2021 by Ord.
No. 1839A-2021; amended 11-9-2021 by Ord. No. 1851-2021]
a.
Street trees shall be provided on average every 50 feet. Street trees
shall have a caliper of three inches at installation.
b.
Parking areas containing a row of parking stalls running in a straight
line for more than 20 spaces shall provide a landscaped island between
every 20 spaces. Said island shall be no less than 162 square feet
and landscaped with at least one shade tree and low ground cover.
Said shade tree shall have a caliper of three inches at installation.
c.
Seventy-five percent of the perimeter of the building shall be surrounded
by a landscaped, planted strip at least three feet in width. Walkways
leading to pedestrian entrances and driveways may cross this landscape
strip.
[Added 8-17-2021 by Ord.
No. 1839A-2021; amended 11-9-2021 by Ord. No. 1851-2021]
a.
Pedestrian walkways shall be illuminated with a minimum average of
0.5 footcandle.
b.
Parking areas shall be illuminated with a minimum average of 1.0
footcandle.
c.
Illumination shall not exceed 0.5 footcandle at the property line.
However, this regulation shall not apply to entrance and/or exit driveways.
[Added 8-17-2021 by Ord.
No. 1839A-2021; amended 11-9-2021 by Ord. No. 1851-2021]
a.
All trash/recycling storage areas shall be enclosed on all four sides
and screened. Trash may be stored inside the building.
[Added 8-17-2021 by Ord.
No. 1839A-2021; amended 11-9-2021 by Ord. No. 1851-2021]
b.
One identification sign shall be permitted per parcel, which shall
be free-standing, and no more than 20 square feet in size. Said sign
may be internally or externally illuminated and shall be set back
at least 10 feet from any property line.
[Added 8-17-2021 by Ord. No. 1840A-2021]
The following standards shall apply to development within the R-6 District. When the standards herein conflict with other provisions of Chapter 20, the standards herein shall apply.
[Added 8-17-2021 by Ord.
No. 1840A-2021]
a.
Multi-family residential units, townhouses and stacked townhomes.
Stacked townhomes shall be defined as a one-family unit in a row of
three such units, where units are stacked on each other. Units may
be multi-level; however; all units shall have common fire-resistant
walls and have direct access from the outside.
[Added 8-17-2021 by Ord.
No. 1840A-2021]
a.
First floor or ground parking incorporated into the building design
and off-street parking areas.
b.
Resident amenities including, but not limited to, clubrooms, lounges,
game rooms, mail rooms, leasing office, and similar interior common
resident amenities incorporated into a larger building design. These
accessory uses shall not be in stand-alone structures.
d.
Signs.
e.
Trash enclosures.
f.
Public and private utilities.
[Added 8-17-2021 by Ord.
No. 1840A-2021]
a.
Height, area, bulk and other requirements shall conform with the provisions of Subsection 20-5.4.
b.
For purposes of determining yards, Bloomfield Avenue shall be referred
to as a front yard and Clinton Road shall be referred to as a rear
yard.
c.
The maximum density shall be 20 units to the acre.
[Added 8-17-2021 by Ord.
No. 1840A-2021]
a.
Twenty percent of all units shall be set aside for low- (including
very-low-) and moderate-income households, regardless of tenure, for
all new multi-family residential developments of five units or more.
The set-aside shall not apply to residential expansions, additions,
renovations, replacement, or any other type of residential development
that does not result in a net increase in the number of dwellings
of five or more.
b.
Based on a maximum density of 20 units per acre and the 20% mandatory
set-aside, the affordable housing yield will be seven units. One of
these units shall be set aside for very-low-income households.
c.
Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Chapter 23, Affordable Housing.
d.
The development, unit distribution, and marketing of all affordable units shall be undertaken consistent with Chapter 23, Affordable Housing, and all other applicable law, rules, and regulations, including applicable COAH regulations, the Fair Housing Act, and its requirement that at least 13% of all affordable units associated with this project be made affordable to very-low-income households.
e.
The developer shall be responsible for all costs associated with
the initial rental of the affordable units, and for the continuing
administration of the affordable units and the preservation of the
creditworthiness of the units.
[Added 8-17-2021 by Ord.
No. 1840A-2021]
[Added 8-17-2021 by Ord.
No. 1840A-2021]
a.
Buildings shall avoid long, monotonous, uninterrupted walls or roof
planes. Building wall offsets, including projections such as canopies
and recesses, shall be used in order to add architectural interest
and variety and to relieve the visual effect of a simple, long wall.
Similarly, in the case of a pitched roof, roofline offsets, dormers
or gables shall be provided in order to provide architectural interest
and variety to the massing of a building and to relieve the effect
of a single, long roof.
b.
The maximum spacing between building wall offsets shall be 60 feet.
c.
The minimum projection or depth of any individual vertical offset
shall be one foot.
d.
The maximum spacing between roof offsets shall be 60 feet.
e.
The architectural treatment of the front facade shall be continued
in its major features around all visibly exposed sides of a building.
All sides of a building facing a public street shall be architecturally
designed to be consistent with regard to style, materials, colors,
and details.
f.
Fenestration shall be architecturally compatible with the style,
materials, colors, and details of the building. Windows shall be vertically
proportioned.
g.
All entrances to a building shall be defined and articulated by architectural
elements such as lintels, pediments, pilasters, columns, porticoes,
porches, overhangs, railings, etc.
h.
Heating, ventilating and air-conditioning systems, utility meters
and regulators, exhaust pipes and stacks, satellite dishes and other
telecommunications receiving devices shall be screened or otherwise
specially treated to be, as much as possible, inconspicuous as viewed
from the public right-of-way and adjacent properties.
i.
All rooftop mechanical equipment, inclusive of solar equipment, shall
be screened from view from all vantage points at grade or below the
roof.
j.
Placement of any packaged terminal air-conditioner units within the
facade is prohibited.
[Added 8-17-2021 by Ord.
No. 1840A-2021]
a.
Street trees shall be provided on average every 50 feet. Street trees
shall have a caliper of three inches at installation.
b.
Parking areas containing a row of parking stalls running in a straight
line for more than 20 spaces shall provide a landscaped island between
every 20 spaces. Said island shall be no less than 162 square feet
and landscaped with at least one shade tree and low ground cover.
Said shade tree shall have a caliper of three inches at installation.
c.
Parking spaces within 25 feet of an adjacent residential property
line shall be screened with a six-foot-tall fence or evergreen trees
of at least four feet in height to shield vehicular headlights.
d.
Twenty-five percent of the perimeter of the building shall be surrounded
by a landscaped, planted strip at least three feet in width. Walkways
leading to pedestrian entrances and driveways may cross this landscape
strip.
[Added 8-17-2021 by Ord.
No. 1840A-2021]
a.
Pedestrian walkways shall be illuminated with a minimum average of
0.5 footcandle.
b.
Parking areas shall be illuminated with a minimum average of 1.0
footcandle.
c.
Illumination shall not exceed 0.5 footcandle at the property line.
However, this regulation shall not apply to entrance and/or exit driveways.
[Added 8-17-2021 by Ord.
No. 1840A-2021]
a.
All trash/recycling storage areas shall be enclosed on all four sides
and screened. Trash may be stored inside the building.
[Added 8-17-2021 by Ord.
No. 1840A-2021]
b.
One identification sign shall be permitted per parcel, which shall
be free-standing, and no more than 20 square feet in size. Said sign
may be internally or externally illuminated and shall be set back
at least 10 feet from any property line.
[Added 6-15-2021 by Ord. No. 1843-2021]
The following standards shall apply to development within the R-7 District. When the standards herein conflict with other provisions of Chapter 20, the standards herein shall apply.
[Added 6-15-2021 by Ord.
No. 1843-2021]
a.
Multi-family residential units, including townhouses and stacked
townhomes. Stacked townhomes shall be defined as a one-family unit
in a row of three such units, where units are stacked on each other.
Units may be multi-level; however; all units shall have common fire-resistant
walls and have direct access from the outside.
[Added 6-15-2021 by Ord.
No. 1843-2021]
[Added 6-15-2021 by Ord.
No. 1843-2021]
[Added 6-15-2021 by Ord.
No. 1843-2021]
a.
Twenty percent of all units shall be set aside for low- (including
very-low-) and moderate-income households, regardless of tenure, for
all new multi-family residential developments of five units or more.
The set-aside shall not apply to residential expansions, additions,
renovations, replacement, or any other type of residential development
that does not result in a net increase in the number of dwellings
of five or more.
b.
Based on a maximum density of 24 units per acre and the 20% mandatory
set-aside, the affordable housing yield will be eight units. Between
one to two of these units shall be set aside for very-low-income households.
c.
Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Chapter 23, Affordable Housing.
d.
The development, unit distribution, and marketing of all affordable units shall be undertaken consistent with Chapter 23, Affordable Housing, and all other applicable law, rules, and regulations, including applicable COAH regulations, the Fair Housing Act, and its requirement that at least 13% of all affordable units associated with this project be made affordable to very-low-income households.
e.
The developer shall be responsible for all costs associated with
the initial rental and/or sale of the affordable units, and for the
continuing administration of the affordable units and the preservation
of the creditworthiness of the units.
[Added 6-15-2021 by Ord.
No. 1843-2021]
[Added 6-15-2021 by Ord.
No. 1843-2021]
a.
Buildings shall avoid long, monotonous, uninterrupted walls or roof
planes. Building wall offsets, including projections such as canopies
and recesses, shall be used in order to add architectural interest
and variety and to relieve the visual effect of a simple, long wall.
Similarly, in the case of a pitched roof, roofline offsets, dormers
or gables shall be provided in order to provide architectural interest
and variety to the massing of a building and to relieve the effect
of a single, long roof.
b.
The maximum spacing between building wall offsets shall be 60 feet.
c.
The minimum projection or depth of any individual vertical offset
shall be one foot.
d.
The maximum spacing between roof offsets shall be 60 feet.
e.
The architectural treatment of the front facade shall be continued
in its major features around all visibly exposed sides of a building.
All sides of a building facing a public street shall be architecturally
designed to be consistent with regard to style, materials, colors,
and details.
f.
Fenestration shall be architecturally compatible with the style,
materials, colors, and details of the building. Windows shall be vertically
proportioned.
g.
All entrances to a building shall be defined and articulated by architectural
elements such as lintels, pediments, pilasters, columns, porticoes,
porches, overhangs, railings, etc.
h.
Heating, ventilating and air-conditioning systems, utility meters
and regulators, exhaust pipes and stacks, satellite dishes and other
telecommunications receiving devices shall be screened or otherwise
specially treated to be, as much as possible, inconspicuous as viewed
from the public right-of-way and adjacent properties.
i.
All rooftop mechanical equipment, inclusive of solar equipment, shall
be screened from view from all vantage points at grade or below the
roof.
j.
Placement of any packaged terminal air-conditioner units within the
facade is prohibited.
[Added 6-15-2021 by Ord.
No. 1843-2021]
a.
Street trees shall be provided on average every 50 feet. Street trees
shall have a caliper of three inches at installation.
b.
Parking areas containing a row of parking stalls running in a straight
line for more than 20 spaces shall provide a landscaped island between
every 20 spaces. Said island shall be no less than 162 square feet
and landscaped with at least one shade tree and low ground cover.
Said shade tree shall have a caliper of three inches at installation.
c.
Twenty-five percent of the perimeter of the building shall be surrounded
by a landscaped, planted strip at least three feet in width. Walkways
leading to pedestrian entrances and driveways may cross this landscape
strip.
[Added 6-15-2021 by Ord.
No. 1843-2021]
a.
Pedestrian walkways shall be illuminated with a minimum average of
0.5 footcandle.
b.
Parking areas shall be illuminated with a minimum average of 1.0
footcandle.
c.
Illumination shall not exceed 0.5 footcandle at the property line.
However, this regulation shall not apply to entrance and/or exit driveways.
[Added 6-15-2021 by Ord.
No. 1843-2021]
a.
All trash/recycling storage areas shall be enclosed on all four sides
and screened. Trash may be stored inside the buildings/units.
[Added 6-15-2021 by Ord.
No. 1843-2021]
b.
One identification sign shall be permitted per parcel, which shall
be free-standing, and no more than 20 square feet in size. Said sign
may be internally or externally illuminated and shall be set back
at least 10 feet from any property line.
[Added 6-15-2021 by Ord. No. 1841-2021]
The following standards shall apply to development within the R-8 District. When the standards herein conflict with other provisions of Chapter 20, the standards herein shall apply.
[Added 6-15-2021 by Ord.
No. 1841-2021]
a.
Multi-family residential units, including townhouses and stacked
townhomes. Stacked townhomes shall be defined as a one-family unit
in a row of three such units, where units are stacked on each other.
Units may be multi-level; however; all units shall have common fire-resistant
walls and have direct access from the outside.
[Added 6-15-2021 by Ord.
No. 1841-2021]
a.
Off-street parking areas.
b.
Resident amenities including, but not limited to, clubrooms, lounges,
game rooms, mail rooms, leasing office, and similar interior common
resident amenities incorporated into a larger building design. These
accessory uses shall not be in stand-alone structures.
d.
Signs.
e.
Trash enclosures.
f.
Public and private utilities.
[Added 6-15-2021 by Ord.
No. 1841-2021]
a.
Height, area, bulk and other requirements shall conform with the provisions of Subsection 20-5.4.
b.
Due to the site's unique shape and that Kirkpatrick Lane is unimproved,
the front yard shall be Clinton Road and the two remaining lot lines
shall be considered side lot lines.
c.
The density shall be 11 units to the acre, with a maximum of 25 units.
[Added 6-15-2021 by Ord.
No. 1841-2021]
a.
Twenty percent of all units shall be set aside for low- (including
very-low-) and moderate-income households, regardless of tenure, for
all new multi-family residential developments of five units or more.
The set-aside shall not apply to residential expansions, additions,
renovations, replacement, or any other type of residential development
that does not result in a net increase in the number of dwellings
of five or more.
b.
Based on a maximum density of 11 units per acre and the 20% mandatory
set-aside, the affordable housing yield will be five units. One of
these units shall be set aside for very-low-income households.
c.
Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Chapter 23, Affordable Housing.
d.
The development, unit distribution, and marketing of all affordable units shall be undertaken consistent with Chapter 23, Affordable Housing, and all other applicable law, rules, and regulations, including applicable COAH regulations, the Fair Housing Act, and its requirement that at least 13% of all affordable units associated with this project be made affordable to very-low-income households.
e.
The developer shall be responsible for all costs associated with
the initial rental and/or sale of the affordable units, and for the
continuing administration of the affordable units and the preservation
of the creditworthiness of the units.
[Added 6-15-2021 by Ord.
No. 1841-2021]
[Added 6-15-2021 by Ord.
No. 1841-2021]
a.
Buildings shall avoid long, monotonous, uninterrupted walls or roof
planes. Building wall offsets, including projections such as canopies
and recesses, shall be used in order to add architectural interest
and variety and to relieve the visual effect of a simple, long wall.
Similarly, in the case of a pitched roof, roofline offsets, dormers
or gables shall be provided in order to provide architectural interest
and variety to the massing of a building and to relieve the effect
of a single, long roof.
b.
The maximum spacing between building wall offsets shall be 60 feet.
c.
The minimum projection or depth of any individual vertical offset
shall be one foot.
d.
The maximum spacing between roof offsets shall be 60 feet.
e.
The architectural treatment of the front facade shall be continued
in its major features around all visibly exposed sides of a building.
All sides of a building facing a public street shall be architecturally
designed to be consistent with regard to style, materials, colors,
and details.
f.
Fenestration shall be architecturally compatible with the style,
materials, colors, and details of the building. Windows shall be vertically
proportioned.
g.
All entrances to a building shall be defined and articulated by architectural
elements such as lintels, pediments, pilasters, columns, porticoes,
porches, overhangs, railings, etc.
h.
Heating, ventilating and air-conditioning systems, utility meters
and regulators, exhaust pipes and stacks, satellite dishes and other
telecommunications receiving devices shall be screened or otherwise
specially treated to be, as much as possible, inconspicuous as viewed
from the public right-of-way and adjacent properties.
i.
All rooftop mechanical equipment, inclusive of solar equipment, shall
be screened from view from all vantage points at grade or below the
roof.
j.
Placement of any packaged terminal air-conditioner units within the
facade is prohibited.
[Added 6-15-2021 by Ord.
No. 1841-2021]
a.
Street trees shall be provided on average every 50 feet. Street trees
shall have a caliper of three inches at installation.
b.
Parking areas containing a row of parking stalls running in a straight
line for more than 20 spaces shall provide a landscaped island between
every 20 spaces. Said island shall be no less than 162 square feet
and landscaped with at least one shade tree and low ground cover.
Said shade tree shall have a caliper of three inches at installation.
c.
Forty percent of the perimeter of the building shall be surrounded
by a landscaped, planted strip at least three feet in width. Walkways
leading to pedestrian entrances and driveways may cross this landscape
strip.
[Added 6-15-2021 by Ord.
No. 1841-2021]
a.
Pedestrian walkways shall be illuminated with a minimum average of
0.5 footcandle.
b.
Parking areas shall be illuminated with a minimum average of 1.0
footcandle.
c.
Illumination shall not exceed 0.5 footcandle at the property line.
However, this regulation shall not apply to entrance and/or exit driveways.
[Added 6-15-2021 by Ord.
No. 1841-2021]
a.
All trash/recycling storage areas shall be enclosed on all four sides
and screened. Trash may be stored inside the buildings/units.
[Added 6-15-2021 by Ord.
No. 1841-2021]
b.
One identification sign shall be permitted per parcel, which shall
be free-standing, and no more than 20 square feet in size. Said sign
may be internally or externally illuminated and shall be set back
at least 10 feet from any property line.
[Added 6-15-2021 by Ord. No. 1842-2021]
The following standards shall apply to development within the R-9 Overlay District. When the standards herein conflict with other provisions of Chapter 20, the standards herein shall apply.
[Added 6-15-2021 by Ord.
No. 1842-2021]
a.
Townhouses.
[Added 6-15-2021 by Ord.
No. 1842-2021]
[Added 6-15-2021 by Ord.
No. 1842-2021]
[Added 6-15-2021 by Ord.
No. 1842-2021]
a.
Twenty percent of all units shall be set aside for low- (including
very-low- and moderate-income households, regardless of tenure, for
all new multi-family residential developments of five units or more
The mandatory set aside shall not apply to residential expansions,
additions, renovations, replacement, or any other type of residential
development that does not result in a net increase in the number of
dwellings of five or more.
b.
Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Chapter 23, Affordable Housing.
c.
The development, unit distribution, and marketing of all affordable units shall be undertaken consistent with Chapter 23, Affordable Housing, and all other applicable law, rules, and regulations, including applicable COAH regulations, the Fair Housing Act, and its requirement that at least 13% of all affordable units associated with this project be made affordable to very-low-income households.
d.
The developer shall be responsible for all costs associated with
the initial rental of the affordable units, and for the continuing
administration of the affordable units and the preservation of the
creditworthiness of the units.
[Added 6-15-2021 by Ord.
No. 1842-2021]
[Added 6-15-2021 by Ord.
No. 1842-2021]
[Added 6-15-2021 by Ord.
No. 1842-2021]
a.
Buildings shall avoid long, monotonous, uninterrupted walls or roof
planes. Building wall offsets, including projections such as canopies
and recesses, shall be used in order to add architectural interest
and variety and to relieve the visual effect of a simple, long wall.
Similarly, in the case of a pitched roof, roofline offsets, dormers
or gables shall be provided in order to provide architectural interest
and variety to the massing of a building and to relieve the effect
of a single, long roof.
b.
The maximum spacing between building wall offsets shall be 60 feet.
c.
The minimum projection or depth of any individual vertical offset
shall be one foot.
d.
The maximum spacing between roof offsets shall be 60 feet.
e.
The architectural treatment of the front facade shall be continued
in its major features around all visibly exposed sides of a building.
All sides of a building facing a public street shall be architecturally
designed to be consistent with regard to style, materials, colors,
and details.
f.
Fenestration shall be architecturally compatible with the style,
materials, colors, and details of the building. Windows shall be vertically
proportioned.
g.
All entrances to a building shall be defined and articulated by architectural
elements such as lintels, pediments, pilasters, columns, porticoes,
porches, overhangs, railings, etc.
h.
Heating, ventilating and air-conditioning systems, utility meters
and regulators, exhaust pipes and stacks, satellite dishes and other
telecommunications receiving devices shall be screened or otherwise
specially treated to be, as much as possible, inconspicuous as viewed
from the public right-of-way and adjacent properties.
i.
All rooftop mechanical equipment, inclusive of solar equipment, shall
be screened from view from all vantage points at grade or below the
roof.
j.
Placement of any packaged terminal air-conditioner units within the
facade is prohibited.
[Added 6-15-2021 by Ord.
No. 1842-2021]
a.
Street trees shall be provided on average every 50 feet. Street trees
shall have a caliper of three inches at installation.
b.
Parking areas containing a row of parking stalls running in a straight
line for more than 20 spaces shall provide a landscaped island between
every 20 spaces. Said island shall be no less than 162 square feet
and landscaped with at least one shade tree and low ground cover.
Said shade tree shall have a caliper of three inches at installation.
c.
Parking spaces within 25 feet of an adjacent residential property
line shall be screened with a six-foot-tall fence or evergreen trees
of at least four feet in height to shield vehicular headlights.
d.
Twenty-five percent of the perimeter of the building shall be surrounded
by a landscaped, planted strip at least three feet in width. Walkways
leading to pedestrian entrances and driveways may cross this landscape
strip.
[Added 6-15-2021 by Ord.
No. 1842-2021]
a.
Pedestrian walkways shall be illuminated with a minimum average of
0.5 footcandle.
b.
Parking areas shall be illuminated with a minimum average of 1.0
footcandle.
c.
Illumination shall not exceed 0.5 footcandle at the property line.
However, this regulation shall not apply to entrance and/or exit driveways.
[Added 6-15-2021 by Ord.
No. 1842-2021]
a.
All trash/recycling storage areas shall be enclosed on all four sides
and screened. Trash may be stored inside the buildings/units.
[Added 6-15-2021 by Ord.
No. 1842-2021]
b.
One identification sign shall be permitted per parcel, which shall
be free-standing, and no more than 15 square feet in size. Said sign
may be internally or externally illuminated and shall be set back
at least 10 feet from any property line.
[Added 6-15-2021 by Ord. No. 1838-2021]
The following standards shall apply to development within the R-10 District. When the standards herein conflict with other provisions of Chapter 20, the standards herein shall apply.
[Added 6-15-2021 by Ord.
No. 1838-2021]
a.
Any application for development for any portion or the entirety of
the R-10 District shall be submitted as a planned development, in
the nature of a preliminary site plan application. Such application
shall describe any phasing of the proposed project, together with
all on-site and off-site improvements needed to support such phases.
The application for preliminary site plan approval may also include
a request for final approvals with respect to such phase or phases.
The following shall apply:
1.
Development within the R-10 District shall be subject to the requirements
of the district and to the mandatory findings for planned development
as required by the Municipal Land Use Law, N.J.S.A. 40:55D-45.
2.
Contribution of the pro rata share of off-site improvements, including,
but not limited to, required roadways, traffic signals, utilities,
lighting, landscaping, sidewalk/curbs and drainage.
(a)
Off-tract improvements are required whenever an application
for development requires the construction of off-tract improvements
that are clearly, directly, and substantially related to or necessitated
by the proposed development. The Planning Board, as the case may be,
shall require as a condition of final site plan or subdivision approval
that the applicant provide for such off-tract improvements. Off-tract
improvements shall include water, sanitary sewer, drainage, and street
improvements, including such easements as are necessary or as may
otherwise be permitted by law.
(b)
Determination of Cost. When off-tract improvements are required,
the Township Engineer shall calculate the cost of such improvements
in accordance with the procedures for determining performance guaranty
amounts in N.J.S.A. 40:55D-53.4. Such costs may include, but not be
limited to, any or all costs of planning, surveying, permit acquisition,
design, specification, property, and easement acquisition, bidding,
construction, construction management, inspection, legal, traffic
control, and other common and necessary costs of the construction
of improvements. The Township Engineer shall also determine the percentage
of off-tract improvements that are attributable to the applicant's
development proposal and shall expeditiously report his findings to
the board of jurisdiction and the applicant.
(c)
Improvements required solely for the application's development.
Where the need for an off-tract improvement is necessitated by the
proposed development and no other property owners receive a special
benefit thereby, or where no planned capital improvement by a governmental
entity is contemplated, or the improvement is required to meet the
minimum standard of the approving authority, the applicant shall be
solely responsible for the cost and installation of the required off-tract
improvements. The applicant shall elect to either install the off-tract
improvements or pay the municipality for the cost of the installation
of the required off-tract improvements.
(d)
Improvements required for the applicant's development and benefiting
others. Where the off-tract improvements would provide capacity in
infrastructure in excess of the requirements in paragraph a2(c) above,
or address an existing deficiency, the applicant shall elect to either
install the off-tract improvements, pay the pro rata share of the
cost to the Township, or pay more than its pro rata share of the cost
to facilitate the construction of the improvement(s) and accept future
reimbursement so as to reduce its payment to an amount equal to its
pro rata share. If a developer elects to address the required off-tract
improvement(s) by making a payment, such payment shall be made prior
to the issuance of any building permit. If the applicant elects to
install the off-tract improvements or to pay more than its pro rata
share of the cost of the improvements, it shall be eligible for partial
reimbursement of costs of providing such excess. The calculation of
excess shall be based on an appropriate and recognized standard for
the off-tract improvement being constructed, including but not limited
to gallonage, cubic feet per second and number of vehicles. Nothing
herein shall be construed to prevent a different standard from being
agreed to by the applicant and the Township Engineer. The process,
procedures and calculation used in the determination of off-tract
costs shall be memorialized in a PUD or developer's agreement to be
reviewed and approved by the Township Attorney, who may request advice
and assistance from the Township Board Attorney. Future developers
benefiting from the excess capacity provided or funded by the initial
developer shall be assessed in their pro rata share of off-tract improvement
cost based on the same calculation used in the initial calculation.
Such future developers shall pay their assessment, plus an administration
fee of 2%, not to exceed $2,000, to the Township at the time of the
signing of the final plat or final site plan as a condition precedent
to such signing. The Township shall forward the assessment payment
to the initial developer, less any administration fee, within 90 days
of such payment.
(e)
Performance Guaranty. If the applicant elects to construct the
improvements, the applicant shall be required to provide, as a condition
of final approval, a performance guaranty for the off-tract improvements
in accordance with N.J.S.A. 40:55D-53.
(f)
Certification of Costs. Once the required off-tract improvements
are installed and the performance bond released, the developer shall
provide a certification to the Township Engineer of the actual costs
of the installation. The Township Engineer shall review the certification
of costs and shall either accept them, reject them or conditionally
accept them. In the review of costs, the Township Engineer shall have
the right to receive copies of invoices from the developer sufficient
to substantiate the certification. Failure of the developer to provide
such invoices within 30 days of the Township Engineer's request shall
constitute forfeiture of the right of future reimbursement for improvements
that benefit others.
(g)
Time limit for reimbursement. Notwithstanding any other provisions
to the contrary, no reimbursement for the construction of off-tract
improvements providing excess capacity shall be made after 10 years
has elapsed from the date of the acceptance of the certification of
costs by the Township Engineer.
[Added 6-15-2021 by Ord.
No. 1838-2021]
[Added 6-15-2021 by Ord.
No. 1838-2021]
a.
Private garages, storage sheds, sun decks and patios, home occupations,
and private residential swimming pools related to single-family detached
homes.
b.
Private garages, sun decks and patios related to townhouses.
c.
Clubhouse, storage buildings, and recreational amenities related
to golf courses.
d.
Off-street parking areas.
e.
Non-commercial swimming pools, tennis courts, and other passive and
active recreation facilities.
f.
Resident amenities including, but not limited to, clubhouse, clubrooms,
lounges, game rooms, mail rooms, leasing office, and similar interior
common resident amenities incorporated into a larger building design.
However, there may be one stand-alone structure containing residential
amenities.
h.
Signs.
i.
Trash enclosures.
j.
Public and private utilities.
[Added 6-15-2021 by Ord.
No. 1838-2021]
a.
Tract requirements:
1.
Minimum tract size - 100 acres.
2.
Minimum tract frontage - 900 feet.
3.
Minimum tract setback - 75 feet, which prohibits the construction
of any buildings or parking lots within 75 feet of the entire tract
perimeter, the only exception to this is setback are driveways and
utilities.
4.
Minimum tract open space, which includes land left in its natural
state and parks - 8%.
5.
Maximum density based on gross acreage - six units per acre.
b.
Lot requirements:
1.
Golf course standards:
(a)
Minimum lot size - 50 acres.
(b)
Minimum lot width - 750 feet.
(c)
Minimum front yard setback - 50 feet.
(d)
Minimum side yard setback, each - 30 feet.
(e)
Minimum rear yard setback - 50 feet.
(f)
Maximum height - two stories and 35 feet.
(g)
Maximum building coverage - 5%.
(h)
Maximum lot coverage - 10%.
2.
Single-family detached home standards:
(a)
Minimum lot size - 10,000 square feet.
(b)
Minimum lot width - 90 feet.
(c)
Minimum front yard setback - 25 feet.
(d)
Minimum side yard setback, each - 15 feet.
(e)
Minimum rear yard setback - 35 feet.
(f)
Maximum height - 2.5 stories and 30 feet.
(g)
Maximum building coverage - 35%.
(h)
Maximum lot coverage - 55%.
3.
Townhouse requirements:
(a)
Minimum lot size - 2,500 square feet.
(b)
Minimum lot width - 25 feet.
(c)
Minimum front yard setback - 25 feet.
(d)
Minimum side yard setback - zero feet.
(e)
Minimum rear yard setback - 35 feet.
(f)
Maximum height - 2.5 stories and 30 feet.
(g)
Maximum building coverage - 45%.
(h)
Maximum lot coverage - 75%.
(i)
Maximum number of units per building - five.
4.
Multi-family residential requirements:
(a)
Minimum lot size - five acres.
(b)
Minimum lot width - 500 feet.
(c)
Minimum front yard setback - 30 feet.
(d)
Minimum side yard setback, each - 25 feet.
(e)
Minimum rear yard setback - 35 feet.
(f)
Minimum distance between buildings - 60 feet.
(g)
Maximum height - three stories and 40 feet.
(h)
Maximum building coverage - 50%.
(i)
Maximum lot coverage - 80%.
[Added 6-15-2021 by Ord.
No. 1838-2021]
a.
Fifteen percent of all rental units and 20% of all for-sale units
shall be set aside for low (including very-low) and moderate income
households.
b.
Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Chapter 23, Affordable Housing.
c.
The development, unit distribution, and marketing of all affordable units shall be undertaken consistent with Chapter 23, Affordable Housing, and all other applicable law, rules, and regulations, including applicable COAH regulations, the Fair Housing Act, and its requirement that at least 13% of all affordable units associated with this project be made affordable to very-low income households.
d.
The developer shall be responsible for all costs associated with
the initial rental of the affordable units, and for the continuing
administration of the affordable units and the preservation of the
creditworthiness of the units.
[Added 6-15-2021 by Ord.
No. 1838-2021]
a.
Within the minimum tract setback all existing trees and shrubs shall
remain unless dead or diseased.
b.
The existing plants within the tract setback area shall be supplemented
as needed to provide a year-round screen. The tract setback area shall
provide, at a minimum:
d.
No more than 25% of the plantings shall be of the same species and/or
variety of plant.
e.
Proposed buffer plantings shall be arranged in a natural, staggered
pattern and shall not be lined up in straight, single rows.
[Added 6-15-2021 by Ord.
No. 1838-2021]
a.
Parking shall be provided in accordance with Residential Site Improvement
Standards for residential uses.
b.
Off-street parking shall be provided at a rate of three spaces per
tee and practice putting green for golf courses.
c.
Spaces shall measure nine feet wide by 18 feet long.
d.
Up to 10% of the parking spaces may be compact parking spaces.
[Added 6-15-2021 by Ord.
No. 1838-2021]
a.
Buildings shall avoid long, monotonous, uninterrupted walls or roof
planes. Building wall offsets, including projections such as canopies
and recesses, shall be used in order to add architectural interest
and variety and to relieve the visual effect of a simple, long wall.
Similarly, in the case of a pitched roof, roofline offsets, dormers
or gables shall be provided in order to provide architectural interest
and variety to the massing of a building and to relieve the effect
of a single, long roof.
b.
The maximum spacing between building wall offsets shall be 75 feet.
c.
The minimum projection or depth of any individual vertical offset
shall be one foot.
d.
The maximum spacing between roof offsets shall be 75 feet.
e.
The architectural treatment of the front facade shall be continued
in its major features around all visibly exposed sides of a building.
All sides of a building facing a public street shall be architecturally
designed to be consistent with regard to style, materials, colors,
and details.
f.
Fenestration shall be architecturally compatible with the style,
materials, colors, and details of the building. Windows shall be vertically
proportioned.
g.
All entrances to a building shall be defined and articulated by architectural
elements such as lintels, pediments, pilasters, columns, porticoes,
porches, overhangs, railings, etc.
h.
Heating, ventilating and air-conditioning systems, utility meters
and regulators, exhaust pipes and stacks, satellite dishes and other
telecommunications receiving devices shall be screened or otherwise
specially treated to be, as much as possible, inconspicuous as viewed
from the public right-of-way and adjacent properties.
i.
All rooftop mechanical equipment, inclusive of solar equipment, shall
be screened from view from all vantage points at grade or below the
roof.
j.
Placement of any packaged terminal air-conditioner units within the
facade is prohibited.
[Added 6-15-2021 by Ord.
No. 1838-2021]
a.
Street trees shall be provided on average every 50 feet. Street trees
shall have a caliper of three inches at installation.
b.
Parking areas containing a row of parking stalls running in a straight
line for more than 20 spaces shall provide a landscaped island between
every 20 spaces. Said island shall be no less than 162 square feet
and landscaped with at least one shade tree and low ground cover.
Said shade tree shall have a caliper of three inches at installation.
c.
Seventy-five percent of the perimeter of multi-family residential
buildings shall be surrounded by a landscaped, planted strip at least
three feet in width. Walkways leading to pedestrian entrances and
driveways may cross this landscape strip.
[Added 6-15-2021 by Ord.
No. 1838-2021]
a.
Open space and recreation areas provide environmental, aesthetic,
recreation, and social benefits to the greater community. It is imperative
to locate open space and recreation areas proximate to residential
neighborhoods.
b.
A neighborhood park shall be provided on-site when more than 500
residential units are constructed within the R-10 District.
c.
Two neighborhood parks or one community park, as identified below,
shall be provided on-site when more than 1,000 residential units are
constructed within the R-10 District.
d.
The following standards apply to neighborhood parks:
1.
Minimum area - five acres.
2.
Minimum park width - 300 feet.
3.
For every acre a minimum of 10 shade trees, 10 ornamental trees,
five evergreen trees, and 150 shrubs shall be planted. Existing trees
being preserved within the park may count towards this requirement.
4.
Pedestrian-scaled lighting shall be provided along pathways.
5.
One bench shall be provided for every 300 linear feet of pathway.
6.
A neighborhood park shall include a playground area, equipped with
at least three pieces of equipment. Two pieces of equipment shall
accommodate at least eight users each and one piece of equipment shall
accommodate 15 or more users. The equipment should serve at least
two age group categories, which are defined six to 23 months, two
to five years old, five to 12 years old, and 13 or more years old.
7.
If two neighborhood parks are to be constructed the second park shall
provide a civic structure instead of a playground. A civic structure
could include a pavilion, amphitheater or the like.
8.
Other park features are encouraged, such as a pathways, tennis courts,
basketball courts, etc.
e.
The following standards shall apply to community parks:
1.
Minimum area - 10 acres.
2.
Minimum park width - 500 feet.
3.
For every acre a minimum of 10 shade trees, 10 ornamental trees,
five evergreen trees, and 150 shrubs shall be planted.
4.
Pedestrian-scaled lighting shall be provided along pathways.
5.
One bench shall be provided for every 300 linear feet of pathway.
6.
A community park shall include a playground, equipped with at least
three pieces of equipment. Two pieces of equipment shall accommodate
at least eight users each and one piece of equipment shall accommodate
15 or more users. The equipment should serve at least two age group
categories, which are defined six to 23 months, two to five years
old, five to 12 years old, and 13 or more years old.
7.
A community park shall include a multi-purpose grass field.
8.
Other park features are encouraged, such as a water fountain, spray
park, amphitheater, pathways, tennis courts, basketball courts, etc.
f.
All parks shall be connected to the greater residential community
through a network of sidewalks and/or pathways.
[Added 6-15-2021 by Ord.
No. 1838-2021]
a.
Pedestrian walkways shall be illuminated with a minimum average of
0.5 footcandle.
b.
Parking areas shall be illuminated with a minimum average of 1.0
footcandle.
c.
Illumination shall not exceed 0.5 footcandle at the property line.
However, this regulation shall not apply to entrance and/or exit driveways.
[Added 6-15-2021 by Ord.
No. 1838-2021]
a.
All trash/recycling storage areas shall be enclosed on all four sides
and screened. Trash may be stored inside the building.
[Added 6-15-2021 by Ord.
No. 1838-2021]
b.
One identification sign shall be permitted per parcel, which shall
be free-standing, and no more than 40 square feet in size. Said sign
may be internally or externally illuminated and shall be set back
at least 10 feet from any property line.
[Ord. No. 890 § 20-10.1]
[Ord. No. 890 § 20-10.2; Ord. No. 1209 § 8; Ord. No. 1419 § 7]
[Ord. No. 890 § 20-10.3; Ord. No. 1419 § 8; Ord. No. 1488 § 3; Ord.
No. 1797-2017 § 3]
[Ord. No. 890 § 20-10.4]
b.
Bowling establishments, funeral homes, industrial and manufacturing
uses. For purposes hereof, laundries, bakeries, printing shops, dry-cleaning
establishments and other businesses in which a product is manufactured
shall be deemed to be industries where they employ more than 10 persons
directly related to such product manufacture or use machinery of more
than 10 horsepower, but it is not intended that a retail store or
a service such as a department store or bank shall be limited in the
number of its employees.
[Ord. No. 890 § 20-10.5]
[Ord. No. 890 § 20-11.1; Ord. No. 1729 § 2]
a.
Notwithstanding the provisions of Subsection 20-19.1, the retail sale, display or rental on the premises of commodities or services predominately to the ultimate consumer within a single structure. A second principal building is permitted provided that the total square floor area of the second structure does not exceed 5,000 square feet.
[Ord. No. 890 § 20-11.2; Ord. No. 1209 § 8; Ord. No. 1419 § 7; Ord.
No. 1729 § 2]
b.
Such accessory uses, buildings or other structures which are determined
by the Planning Board, pursuant to Subsection 20-19.1b., to be normally
and customarily incident to the permitted principal uses and conditional
uses specified in this section.
c.
Shopping cart enclosures, also referred to as "cart corrals," or "corrals," shall be a permitted accessory structure in any yard, and, notwithstanding the provisions of Subsection 20-19.1f may be located no closer than 40 feet to any property line, subject to the following standards:
1.
All cart corrals shall be designed to be consistent and congruent
with the architectural and visual standards established by the various
streetscape components along Bloomfield Avenue, and shall require
an application for site plan approval to determine if said corrals
are consistent with these standards. In general these standards shall
result in an enclosure constructed of cast or rolled aluminum, powdered
coated with a black or dark green glossy finish. Enclosures shall
be constructed with a base section affixed to a black or dark green
header, approximately six inches to 10 inches in height, as required
to adequately anchor the structure to the ground. The base section
shall have open lattice or railing between uprights to enclose the
carts. No glass shall be used on the sides of the structure. Above
the base shall be an open area of at least three feet in height, trimmed
with coordinating lattice or railing at the top of no more than 12
inches in height. The roof of the structure shall be of sloping design
with a central peak running along the length of the structure and
sloping to all four sides, and shall be enclosed with dark gray tinted
tempered glass or polycarbonate resin thermoplastic of sufficient
thickness to form a rigid panel. The top shall be adorned with a decorative
treatment. Cast aluminum decorative bollards of the same color as
the structure may be used to protect the structure provided that they
do not interfere with the clear width of the driveway aisle. The maximum
height of the structure shall be 11 feet.
2.
All cart corrals shall be ADA compliant, and shall not be locked
or enclosed with gates or chains or any device requiring payment to
access the shopping carts.
3.
No more than one cart corral structure per 10,000 square feet of
parking area shall be permitted. In the B-2 Zone District where more
than one use or occupancy exists on the site, all cart corrals shall
be of similar design and shall be coordinated by the owner of the
property.
4.
Corrals shall be constructed back to back for the length of two parking
spaces unless located in an area where only one row of parking is
proposed. This shall be considered as a single corral for determining
compliance with the maximum number of corrals permitted on the site,
and for compliance with appropriate accessory use and structure standards.
The width of a cart corral shall not exceed that required for two
rows of carts, and shall fit within a full sized parking space with
at least 18 inches clear on each side between the structure and the
center line of the parking space striping.
5.
All corrals shall be located so as not to interfere with drainage
patterns and snow removal practices, and shall be placed to assure
that stormwater runoff and/or snow melt does not create ponding or
icing conditions along the base of or within the structure. Snow shall
not be piled nearer than the width of two parking spaces adjacent
to any cart corral.
6.
Corrals shall be located to prevent carts from rolling into active
parking areas, aisles or driveways. A stop bar or ridge shall be installed
to prevent carts from rolling or blowing out of the enclosure.
7.
No advertising or signage, other than one sign with the wording "Return
Carts Here" shall be permitted. That directional sign shall be integrated
into the structure at the entrance of the corral, be a horizontal
rectangular shape of no more than four square feet, and consist of
no more than two colors which coordinate with the color of the corral.
Said sign shall be exempt from application and permit.
8.
The applicant shall submit a written narrative plan describing how
carts will be managed, the frequency of collection from parking areas,
the staffing that will be provided to keep carts within the enclosure
in straight rows and prevent the accumulation of carts within the
parking area, and a proposed maintenance plan for the enclosure. The
narrative plan shall also indicate the proposed methods of compliance
with the operator's obligation to monitor public bus shelters and
bus stop locations for carts that have been removed from the premises
and for returning such carts to the corral or store interior in order
to ensure that no carts will be left overnight at any public bus shelter
or bus stop location within the Township of West Caldwell.
[Ord. No. 890 § 20-11.3; Ord. No. 1419 § 9; Ord. No. 1797-2017 § 4]
[Ord. No. 890 § 20-11.4]
[Ord. No. 890 § 20-11.5]
a.
Height, area, bulk and other requirements shall conform with the provisions of Subsection 20-5.4.
b.
The shopping center site shall not be divided by any street.
c.
Direct ingress and egress shall be prohibited on a main arterial
highway or street within 200 feet of any intersection and on any minor
side street or road within 50 feet of any intersection.
d.
Pedestrian walks of not less than six feet adjoining the stores and
parallel thereto having a minimum curbing of six inches in depth shall
be provided.
e.
Each shopping center shall provide an area which is not adjacent
to a residence district boundary line and which is concealed from
the customers' parking area for orderly deposit and pickup of trash,
garbage and other refuse.
[Ord. No. 890 § 20-12.1; Ord. No. 1797-2017 § 5]
[Ord. No. 890 § 20-12.2; Ord. No. 1209 § 8; Ord. No. 1419 § 7]
[Ord. No. 890 § 20-12.3; Ord. No. 1419 § 10; Ord. No. 1522 § 2; Ord.
No. 1797-2017 § 5]
a.
Schools, fast-food restaurants, outdoor dining, houses of worship, motor vehicle service stations, public garages, personal communications antennas, automobile laundries (car washes) and commercial communication antenna mounted on existing high-tension electric towers; all subject to the applicable standards of § 20-17.
[Ord. No. 1797-2017 § 5]
[Ord. No. 890 § 20-12.4]
[Ord. No. 890 § 20-12.5]
[Ord. No. 890 § 20-13.1; Ord. No. 1419 § 11; Ord. No. 1464 § 4]
[Ord. No. 890 § 20-13.2; Ord. No. 1209 § 8; Ord. No. 1419 § 12]
a.
Storage and distribution for products owned, assembled, serviced or manufactured by, or consigned by one product owner to, the principal occupant and related office uses, private garages, satellite dish antennas, off-street parking areas and signs; all subject to the applicable standards of §§ 20-19, 20-23 and 20-24; and
b.
Such accessory uses, buildings or other structures which are determined
by the Planning Board, pursuant to Subsection 20-19.1b., to be normally
and customarily incidental to the permitted principal uses and conditional
uses specified in this section.
[Ord. No. 890 § 20-13.3; Ord. No. 1419 § 13; Ord. No. 1522 § 3; Ord.
No. 1538 § 1; Ord. No.
1802-2017]
a.
Indoor recreational facilities, indoor health facilities, nonresidential professional offices, personal communications antennas and commercial communication antenna mounted on existing high-tension electric towers; all subject to the applicable standards of § 20-17.
[Ord. No. 890 § 20-13.4; Ord. No. 1419 § 14; Ord. No. 1464 § 5]
[Ord. No. 890 § 20-13.5; Ord. No. 1464 § 6; Ord. No. 1580 § XII]
a.
Height, area, bulk and other requirements shall conform with the provisions of Subsection 20-5.4.
b.
Multiple occupancy shall not exceed four in any one building and
shall be subject to the following provisions:
1.
No individual occupancy floor area shall be less than 25% of the
total floor area of the principal building, or 4,000 square feet,
whichever is greater;
2.
All buildings shall front on a dedicated and improved street;
3.
All occupants shall provide, locate and use an adequate and centralized
area for the collection of garbage and waste material, which area
shall be screened with a six foot chain link fence made with redwood
privacy slats enclosing said area or such other screening as may be
approved by the Planning Board. Garbage shall be placed in a separate
container and waste material in another separate container and they
shall be removed as frequently as may be necessary to maintain the
area in a safe, sanitary and healthful condition;
4.
Loading platforms and facilities shall be provided for the entire
building at the rear of the building;
5.
Off-street parking areas shall be provided for all occupancies, including
all employees and invitees.
[Ord. No. 890 § 20-14.1]
[Ord. No. 890 § 20-14.2; Ord. No. 1209 § 8; Ord. No. 1419 § 15]
[Ord. No. 890 § 20-14.3; Ord. No. 1419 § 16; Ord. No. 1522 § 4]
[Ord. No. 890 § 20-14.4]
[Ord. No. 890 § 20-14.5]
[Ord. No. 890 § 20-15.1; Ord. No. 1464 § 7]
a.
Offices for executive or administrative purposes and other uses which
do not involve the storage, handling or distribution of products,
goods or merchandise on the premises and which are determined by the
Planning Board to be uses normally or customarily conducted in office
buildings; and
b.
Banks and such other financial institutions as determined by the
Planning Board to be substantially similar thereto; and
c.
Offices for physicians, dentists, architects, engineers, attorneys,
accountants, insurance agents and such other professional uses as
determined by the Planning Board to be substantially similar thereto.
[Ord. No. 890 § 20-15.2; Ord. No. 1209 § 8; Ord. No. 1419 § 7]
[Ord. No. 890 § 20-15.3; Ord. No. 1419 § 17]
[Ord. No. 890 § 20-15.4]
b.
Retail or wholesale businesses or commercial uses which involve the
storage, handling or distribution of products, goods or merchandise
on the premises; manufacturing or industrial uses of any kind, including
the storage or distribution of products, goods or merchandise.
[Ord. No. 890 § 20-15.5]
[Ord. No. 890 § 20-16.1]
a.
The retention and use of areas which shall remain in their natural
state or developed as parks or natural areas.
[Ord. No. 890 § 20-16.2; Ord. No. 1209 § 9]
[Ord. No. 890 § 20-16.3; Ord. No. 1745 § 4]
[Ord. No. 890 § 20-16.5]
a.
None.
[Ord. No. 890 § 20-17.1; Ord. No. 1209 § 10; Ord. No. 1419 § 18; Ord.
No. 1538; Ord. No. 1797-2017 § 6; Ord. No. 1802-2017; amended 7-9-2019 by Ord. No. 1820-2019]
|
Subsection
| |
|---|---|
|
Automobile Laundries (Car Washes)
|
20-17.4
|
|
Commercial Communications Antennas
|
20-17.22
|
|
Conditional Use Provisions
|
20-17.2
|
|
Conditional Use Standards
|
20-17.3
|
|
Continuing Care Retirement Communities
|
20-17.20
|
|
Country Clubs and Golf Courses
|
20-17.5
|
|
Crop Farms
|
20-17.6
|
|
Density Modification
|
20-17.7
|
|
Fast-Food Restaurants
[Ord. No. 1797-2017 § 6] |
20:17.25
|
|
Game Rooms (Automatic Amusement Devices)
|
20-17.8
|
|
Hospitals
|
20-17.9
|
|
Houses of Worship
|
20-17.10
|
|
Indoor Health and Recreation Facilities
|
20-17.11
|
|
Motor Vehicle Service Stations
|
20-17.12
|
|
Multiple Family Residences
|
20-17.13
|
|
Nonresidential Professional Offices
|
20-17.23
|
|
Nursing or Convalescent Homes
|
20-17.14
|
|
Outdoor Dining
[Ord. No. 1797-2017 § 6] |
20:17.26
|
|
Personal Communications Antennas
|
20-17.21
|
|
Public Garages
|
20-17.15
|
|
Residential Professional Offices
|
20-17.16
|
|
Restaurants
|
20-17.17
|
|
Schools
|
20-17.18
|
|
Self-Storage Facilities
|
20-17.27
|
|
Single-Family Clustered Dwelling Units
|
20-17.19
|
|
Trade Union Apprenticeships and/or Journeyman Training Programs
|
20-17.24
|
|
Veterinary or Animal Hospitals
|
20-17.28
|
[Ord. No. 890 § 20-17.2]
a.
Conditional uses shall be permitted upon the issuance of an authorization therefor by the Planning Board pursuant to § 18A-6.5 of the Land Use Procedures Ordinance of the Township of West Caldwell.
b.
Conditional uses shall be limited to those specifically permitted
within the applicable zone district, as designated elsewhere herein,
and such uses shall conform with all applicable regulations and standards
herein.
c.
The Planning Board shall grant or deny an application for a conditional
use within 95 days of submission of a complete application by a developer
to the Administrative Officer, or within such further time as may
be consented to by the applicant.
d.
The review by the Planning Board of a conditional use shall include any required site plan or subdivision review pursuant to § 18A-9 of the Land Use Procedures Ordinance of the Township of West Caldwell. The time period for action by the Planning Board on conditional uses pursuant to Subsection c of this subsection shall apply to such review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
e.
When considering an application for a conditional use, the Planning
Board may impose any conditions or requirements that it deems necessary
to accomplish the reasonable application of applicable standards as
provided in this chapter, and may deny any such application but only
in accordance with such standards.
g.
Conditional use and preliminary approval of a plan shall not qualify
a plat for recording nor authorize development nor authorize the issuance
of any construction permits. An application for final approval must
encompass all the land included in the conditional use and preliminary
approval. The application shall be made to the Planning Board within
the time or times specified by, and shall include all drawings, specifications,
modifications, conditions and other items as set forth by, written
resolution of the Planning Board at the time of conditional use and
preliminary approval.
[Ord. No. 890 § 20-17.3; Ord. No. 937]
a.
The Planning Board shall give due consideration to all reasonable
elements which could affect the public health, welfare, safety, comfort
and convenience, including, but not limited to, the proposed use,
the character of the area, vehicular patterns and access, pedestrian
ways, landscaping, lighting, signs, drainage, utilities and building
and structure location and orientation, and shall be guided by the
following:
1.
The Planning Board shall find such use appropriate to the immediate
neighborhood and subject to such conditions as it may impose with
respect to, among other items, the minimizing of traffic congestion
by appropriate entrances and exits to assure the public safety, and
the provision of landscaping, so located as to screen the premises
from any residence use or residence zone district; and
2.
The proposed use shall be subject to such conditions and safeguards
as may be deemed by the Planning Board to be advisable and appropriate
to the end that the general zone plan may be preserved and protected;
and
3.
The proposed use shall be of such appropriate size, and so located
and laid out with respect to access streets so that vehicular and
pedestrian traffic to and from such use will not create undue congestion
or hazards prejudicial to the character of the general neighborhood.
b.
If a conditional use standard is in conflict with an applicable district-wide
standard, the more restrictive standard shall control. In particular
cases, the Planning Board may, pursuant to N.J.S.A. 40:55D-40 and
51, modify size, dimension and location standards herein pertaining
solely to a conditional use by an amount not exceeding 15% of any
such standard, provided that no such modified standard shall be more
restrictive than herein specified nor less restrictive than the equivalent
district-wide standard. The provisions of N.J.S.A. 40:55D-70d shall
apply to violations of any standards pertaining solely to a conditional
use as herein specified or, if hereby modified, as so modified.
c.
If a conditional use standard is not specified herein, the applicable
district-wide standard shall apply.
d.
If more than one conditional use, or a conditional use and a permitted
principal use or uses, are proposed to be conducted on the same property,
the most restrictive standards or the sum of the standards, as applicable,
shall control.
e.
Limitations and standards for conditional use permits related to
community residences as set forth in the Municipal Land Use Law (N.J.S.A.
40:55D-66.1) are hereby adopted.
f.
In addition to the aforesaid provisions and standards, the following
conditional use standards shall apply, as applicable.
[Ord. No. 890 § 20-17.4; Ord. No. 937]
a.
All services provided, including, but not limited to, washing and
drying, shall be conducted within the principal building; provided,
however, that the lining up and waiting of vehicles may take place
outside the building but only within the confines of the property.
b.
Services shall not be provided for vehicles over 30 feet in overall
length or having more than four wheels.
c.
Off-street parking shall be provided pursuant to Subsection 20-23.4 and all other parking requirements within the applicable zone district.
d.
All automobile laundries shall connect directly into a municipal
sewer system and must receive prior approval of the Township Health
Officer and any agency of the State or county having jurisdiction
over the treatment of the effluents created by such uses.
e.
The operation of an automobile laundry shall not cause undue traffic
congestion or affect in a deleterious manner the traffic flow on public
streets adjacent to the use.
[Ord. No. 890 § 20-17.5; Ord. No. 937; Ord. No.
1488 § 4; Ord. No. 1642 § 1; Ord. No. 1797-2017 § 6]
a.
Minimum lot area shall be 50 acres for a golf course and 90 acres
for a country club.
b.
Except for permanent one- family dwellings as permitted by Subsection 20-17.5f, no building or structure shall be erected or maintained within 200 feet of any property in a residence zone district.
c.
No building or structure shall be greater than 35 feet, or two stories,
in height.
d.
The maximum building coverage shall be no greater than 5% of the
gross site area of golf courses nor 10% of the gross site area of
country clubs.
[Ord. No. 1797-2017 § 6]
e.
Off-street parking shall be provided pursuant to Subsection 20-23.4 and all other parking requirements within the applicable zone district. Except for parking associated with permanent one- family dwellings as permitted by Subsection 20-17.5f, parking areas shall be located at least 100 feet from any property line. The Planning Board may reduce this distance to not less than 50 feet if additional screening or fencing is provided to safeguard adjoining properties.
f.
Except as otherwise provided in this subsection, there shall be no more than two permanent dwellings on any site, and each shall be occupied by not more than one family, a member of which shall be a caretaker or other employee. Dormitory facilities for employees may be permitted upon an application to and approval by the Planning Board. The bulk standards for permanent single family dwellings on any site shall conform to the height, area, bulk and other requirements of the R-4 District, under Subsection 20-5.4.
g.
A golf course or country club may have as part of its facilities
a dining area, locker rooms and shower facilities within the main
clubhouse building on the site.
h.
All outdoor athletic or recreation areas and facilities, except golf
course tees, fairways and greens, shall be located at least 100 feet
from all property lines.
i.
Suitable screening, landscaping and/or fencing shall be provided
along the boundaries of any outdoor athletic or recreation areas to
protect adjacent properties from physical damage and noise and to
shield from view of any adjacent residence use the general patron
activity within such athletic or recreation areas.
j.
Outdoor lighting shall be shielded and/or directed from the view
of all adjacent properties and streets.
k.
There shall be no use of a golf course, outdoor swimming pool, outdoor
tennis court or other outdoor facility between the hours of 11:30
p.m. and 6:00 a.m.
l.
Country clubs on a property having a minimum lot area of 150 acres and at least an 18 hole regulation size golf course may be permitted up to 50 dwelling units for residences for persons utilizing the facilities and services of the principal use, all in conformity with the provisions of Subsection 20-17.19 and this subsection, except as modified by the following conditions:
1.
Such use shall be deemed an accessory conditional use which shall
be clearly incidental and secondary to the principal use of the property
and shall be constructed, and shall thereafter remain, on the same
lot as the principal use; and
2.
Such use shall be limited to groups of single-family clustered dwelling units and accessory uses and structures as permitted pursuant to Subsection 20-8.2; and
3.
Such use shall not occupy more than 10% of the overall property and
the average overall density shall not exceed five dwelling units per
acre of that portion of the property applicable to such use; and
4.
The owner of the principal use shall be responsible for the construction,
reconstruction, maintenance and repair, and shall be the owner of
all buildings, streets, roads, sidewalks, utilities, amenities and
common open spaces, and the provision of services related to garbage
and trash removal, and appropriate recordable documents pertaining
to said responsibilities and ownership shall be furnished to the appropriate
Township agencies, including the provision of reasonable access to
the premises by the Township for inspection and public safety purposes.
[Ord. No. 890 § 20-17.6; Ord. No. 937; Ord. No.
1797-2017 § 6]
a.
Minimum lot area shall be two acres.
b.
Minimum lot depth shall be 300 feet, and minimum lot width shall
be 200 feet.
c.
Minimum front yard shall be 100 feet, and minimum rear yard shall
be 100 feet.
d.
There shall be two side yards, neither of which shall be less than
50 feet.
e.
No building or structure shall be located within 50 feet of any property
in a residence zone district.
f.
No building or structure shall be greater than 28 feet, or two stories,
in height.
g.
The maximum building coverage shall be no greater than 10% of the
gross site area.
[Ord. No. 1797-2017 § 6]
h.
Buffer areas at least 15 feet in depth shall be provided, where applicable, pursuant to Subsection 20-21.1.
i.
Crop farms shall be restricted to the production of crops and other
agricultural products. The raising, breeding or production of any
species of animal life for commercial purposes shall be prohibited.
j.
The retail sale of farm products on properties where produced shall
be permitted, provided that such sales are transacted at a stand or
other structure set back at least 40 feet from the front property
line and that, in addition to the parking requirements for the applicable
zone district, sufficient off-street parking spaces shall be provided
to accommodate the maximum number of customers being served and waiting
to be served at any one time unless such parking spaces are fully
available and permissible on the street immediately abutting and on
the same side as the subject premises.
[Ord. No. 890 § 20-17.7]
a.
Where at least 5% of any land parcel is located within a designated flood hazard area, as defined in Chapter 21 of the Revised General Ordinances of the Township of West Caldwell, an applicant may apply for density modification as a conditional use.
b.
Such density modification shall apply only to permitted principal
uses within the applicable zone district.
c.
The land area within such flood hazard areas shall be determined
as a percentage of the total land area of the parcel in question.
The minimum requirements for lot area and lot width may then be reduced
by the percentage as above determined, subject to a maximum overall
and particular reduction of 15%.
d.
All lands within the flood hazard area shall remain undeveloped in
perpetuity, and may either be retained by the applicant or dedicated
to the Township as public lands. If the applicant chooses to retain
such lands, they shall be maintained in their natural state, and no
land use whatsoever, other than passive recreation, shall be permitted.
Dedication shall be subject to approval by the Township agency and
acceptance by the Governing Body.
[Ord. No. 890 § 20-17.8]
a.
Game room shall mean a building or structure in which is located
three or more automatic amusement devices. The term "game room" shall
also include the term "arcade" and such other terms as shall have
similar meanings.
1.
Automatic amusement device shall mean any machine which upon the
insertion of a coin, slug, token plate or disc, may be operated by
the public generally for use as a game, entertainment, or amusement,
whether or not registering a score, including, but not limited to
such devices as marble machines, pinball machines, skill ball, mechanical
grab machines, and all games, operations or transactions similar thereto
under whatever name they may be indicated.
2.
Automatic amusement device shall include video type games or machines,
or similar devices that use a display screen for points, lines and
dots of light that can be manipulated to simulate games or other types
of entertainments. It shall not include nor shall this subsection
apply to devices exclusively devoted to the playing of music.
b.
No game room shall be located on any lot within 500 feet from the
nearest property line of any lot upon which is located a school, playground,
park, house of worship, hospital, public library or other game room.
c.
No game room shall be located in any nonconforming building or structure
nor on any nonconforming lot.
d.
A minimum width of two feet shall be provided per machine where the
machine is designed for use by one player, and 3 1/2 feet per
machine where the machine is designed for use by two players. The
depth of the space in front of the machine shall be at least five
feet, and there shall be a minimum aisle width beyond this five feet
of an additional three feet. Fire Underwriters' Code requirements
shall also be complied with.
[Ord. No. 890 § 20-17.9; Ord. No. 937; Ord. No.
1488 § 4; Ord. No. 1797-2017 § 6]
a.
Minimum lot area shall be 20 acres.
b.
Minimum lot depth shall be 1,000 feet, and minimum lot width shall
be 750 feet.
c.
Minimum front yard shall be 200 feet, and minimum rear yard shall
be 400 feet.
d.
There shall be two side yards, neither of which shall be less than
100 feet. A side yard shall not include the buffer area herein provided,
except that the buffer area may be applied to the aggregate side yard
requirements.
e.
No building or structure shall be located within 200 feet of any
property in a residence zone district nor within one vehicular mile
from the same or similar conditional use.
f.
No building or structure shall be greater than 35 feet, or two stories,
in height.
g.
The maximum building coverage shall be no greater than 30% of the
gross site area.
[Ord. No. 1797-2016 § 6]
h.
Off-street parking shall be provided pursuant to Subsection 20-23.4 and all other parking requirements within the applicable zone district. No parking shall be located within the front yard, or in any side yard within 10 feet of the front yard, or within 25 feet of any property line, or within five feet of any buffer area.
i.
Buffer areas at least 50 feet in depth shall be provided, where applicable, pursuant to Subsection 20-21.1.
j.
Special plantings and/or fencing along the side and rear property
lines shall be provided to minimize visibility of parking areas from
adjacent properties.
k.
The lot shall abut and shall provide primary direct access to and
from at least one county or State road within the Township.
[Ord. No. 890 § 20-17.10; Ord. No. 937; Ord. No.
1488 § 4; Ord. No. 1797-2017 § 6]
a.
Minimum lot area shall be 1.5 acres.
b.
Minimum lot depth shall be 350 feet, and minimum lot width shall
be 200 feet.
c.
Minimum front yard shall be 75 feet, and minimum rear yard shall
be 100 feet.
d.
There shall be two side yards, neither of which shall be less than
25 feet.
e.
No building or structure shall be located within 25 feet of any property
in a residence zone district nor within 1/10 vehicular mile from the
same or similar conditional use.
f.
No building or structure shall be greater than 35 feet, or two stories,
in height.
g.
Buffer areas at least 25 feet in depth shall be provided, where applicable, pursuant to Subsection 20-21.1.
h.
The maximum building site coverage by all buildings and structures
shall be no greater than 25% of the gross site area.
[Ord. No. 1797-2017 § 6]
i.
Off-street parking shall be provided pursuant to Subsection 20-23.4 and all other parking requirements within the applicable zone district. No parking shall be located within the front yard nor in any side yard within 10 feet of the front yard.
j.
Special plantings and/or fencing along the side and rear property
lines shall be provided to minimize visibility of parking areas from
adjacent properties.
k.
The lot shall abut and shall provide primary direct access to and
from an arterial or collector street and not a street primarily serving
as access to residential properties.
l.
No building or structure shall be permitted within any flood hazard area, as defined in Chapter 21 of the Revised General Ordinances of the Township of West Caldwell.
m.
No principal business use shall be permitted on any property in conjunction
with, or in addition to, a house of worship.
[Ord. No. 890 § 20-17.11; Ord. No. 937; Ord. No.
1797-2017 § 6]
a.
Minimum lot area shall be 80,000 square feet.
b.
Minimum lot depth shall be 400 feet, and minimum lot width shall
be 200 feet.
c.
Minimum front yard shall be 50 feet, and minimum rear yard shall
be 60 feet.
d.
There shall be two side yards, neither of which shall be less than
40 feet.
e.
No building or structure shall be located within 85 feet of any property
in a residence zone district nor within 4/10 vehicular mile from the
same or similar conditional use.
f.
No building or structure shall be greater than 28 feet or two stories
in height.
g.
Buffer areas at least 30 feet in depth shall be provided, where applicable, pursuant to Subsection 20-21.1.
h.
Off-street parking shall be provided pursuant to Subsection 20-23.4 and all other parking requirements within the applicable zone district.
i.
The maximum building site coverage by all buildings and structures
shall be no greater than 35% of the gross site area.
[Ord. No. 1797-2017 § 6]
j.
Special plantings and/or fencing along the side and rear property
lines shall be provided to minimize visibility of parking areas from
adjacent properties.
k.
Indoor health and recreation facilities shall be restricted to indoor
tennis, squash, basketball, platform tennis, handball, badminton and
paddleball courts, and uses similar thereto, together with accessory
locker rooms and shower facilities. Indoor health and recreation facilities
shall not include roller skating or ice skating facilities or uses
similar thereto.
[Ord. No. 890 § 20-17.12; Ord. No. 937; Ord. No.
1206 § 2]
a.
No approval shall be granted, and no permit shall be issued, for
the erection, structural alteration or enlargement of any motor vehicle
service station or for the conversion of any premises for such purposes
if the effect of same would increase to more than 10 the total number
of motor vehicle service stations within the Township.
b.
All the conditional use standards herein pertaining to public garages
shall also apply to motor vehicle service stations.
c.
No motor vehicle service station shall be located on any lot which
is within 1,500 feet from the nearest property line of any lot upon
which is erected an existing motor vehicle service station.
d.
Gasoline pumps and related service facilities may be located in any
yard and shall be set back at least 25 feet from any property line.
Canopy structures related thereto shall be set back at least 15 feet
from any property line and shall not exceed 18 feet in height to the
top thereof, nor shall any valances affixed to such structures exceed
four feet in height.
e.
All applicants shall supply full and complete information as to the
size, type and construction of all tanks and the quantity of all fuels
and other flammable substances to be stored therein, together with
the minimum depth of the top of all tanks below ground level and the
method of extracting fuels and other flammable substances from all
tanks.
f.
All gas tank vents shall be located at least 20 feet from any property
line.
[Ord. No. 890 § 20-17.13; Ord. No. 1488 § 4; Ord. No. 1797-2017 § 6]
a.
Minimum lot area shall be 3,00 square feet per dwelling unit per
floor or 20,000 square feet total lot area, whichever is greater.
b.
Minimum lot depth shall be 100 feet, and minimum lot width shall
be 50 feet.
c.
Minimum front yard shall be 25 feet except that where the depth of
the zone district is more than 150 feet, the front yard shall be no
less than 50 feet.
d.
There shall be two side yards neither of which shall be less than
30 feet.
e.
No building or structure shall be greater than 35 feet, or 2 1/2
stories, in height.
g.
Off-street parking shall be provided pursuant to Subsection 20-23.4 and all other parking requirements within the applicable zone districts.
h.
No parking shall be located within the front yard nor in any side
yard within 10 feet of the front yard.
i.
The maximum building coverage shall be no greater than 30% of the
gross site area.
[Ord. No. 1797-2017 § 6]
j.
Special plantings and/or fencing along the side and rear property
lines shall be provided to minimize visibility of parking areas from
adjacent properties.
k.
Minimum livable floor area shall be 700 square feet per dwelling
unit. There shall be a minimum of four dwelling units, and no cellar,
basement or garage shall be used as living space.
l.
There may be more than one principal building on the lot, provided
that the minimum distance between principal buildings shall be 50
feet.
m.
No principal building shall contain more than 20 dwelling units,
nor more than 10 dwelling units on each floor, nor shall any principal
building exceed 160 feet in maximum horizontal dimension.
n.
All principal buildings shall be of masonry wall construction.
o.
All interior access roads shall be at least 20 feet in width. There
shall be a minimum of two means of access to the site from one or
more public streets. As an alternative, the interior roadway shall
form a loop connecting a single access to a public street, in which
case the access road shall be paved to a width of 30 feet at the entrance.
p.
At least 15% of the lot area, excluding buildings and structures, driveways and parking areas, shall be available for recreation space or open area. All open space not covered by buildings and paved areas shall be graded and landscaped pursuant to Subsection 20-21.2.
q.
Each dwelling unit shall have access to a service entrance to the
structure within which it is located as well as to a main entrance,
and no wall of the building having a service entrance shall face a
street.
r.
Any air-conditioning unit shall not project outwardly more than two
inches from the face of the wall of the building in which it is located.
s.
Provision shall be made to eliminate the need for individual television
antennas on the roof of the building.
[Ord. No. 890 § 20-17.14; Ord. No. 937; Ord. No.
1797-2017 § 6]
For the purposes hereof, a nursing or convalescent home shall
mean one licensed by the State of New Jersey to furnish lodging and
nursing care to persons by reason of their being aged, sick, infirm,
convalescent, invalid, bedfast, physically handicapped or impaired,
and shall not include the mentally ill, persons suffering from a communicable
disease or addicted to narcotics or alcohol.
a.
Minimum lot area shall be three acres.
b.
Minimum lot depth shall be 500 feet, and minimum lot width and lot
frontage shall be 250 feet.
c.
Minimum front yard shall be 75 feet, and the minimum rear yard shall
be 150 feet.
d.
There shall be two side yards, neither of which shall be less than
25 feet; provided, however, that the aggregate width of both side
yards shall be at least equal to 25% of the lot width at the building
setback line. A side yard shall not include the buffer area herein
provided, except that the buffer area may be applied to the aggregate
side yard requirement.
e.
No building or structure shall be greater than 28 feet or two stories
in height.
f.
Buffer areas at least 30 feet in depth shall be provided, where applicable, pursuant to Subsection 20-21.1.
g.
Off-street parking shall be provided pursuant to Subsection 20-23.4 and all other parking requirements within the applicable zone district, except that parking may be permitted in the rear yard but not within 25 feet of any property line or within five feet of any buffer area.
h.
No parking shall be permitted within the front yard, nor in a side
yard within 10 feet of the front yard.
i.
The maximum building coverage shall be no greater than 25% of the
gross site area.
[Ord. No. 1797-2017 § 6]
[Ord. No. 890 § 20-17.15; Ord. No. 937; Ord. No.
1488 § 4]
a.
No public garage or motor vehicle service station shall be located
on any lot which is within 500 feet from the nearest property line
of any lot in a residence zone district or any lot upon which is erected
a public or private school, hospital, theater, house of worship, public
library, museum, civic center or other place of public assembly, fire
house, municipal or other public building, park, playground or residence
dwelling.
b.
All service facilities shall be set back at least 25 feet from any
property line.
c.
The lot shall have a minimum frontage of 100 feet.
d.
All facilities for servicing of motor vehicles shall be located entirely
upon the lot in question and adequate space for vehicles being served
and waiting to be served shall also be provided entirely upon said
lot.
e.
There shall be two side yards, neither of which shall be less than
20 feet. Front yards shall conform with the minimum yard requirements
within the applicable zone district or shall be a minimum of 35 feet,
whichever is greater.
f.
Entrance and exit driveways shall be at least 15 feet, but not more
than 25 feet, in width and shall be located at least 10 feet from
any adjoining property line and at least 25 feet from the corner of
intersecting public streets.
g.
Not more than 10 rated horsepower shall be used on the premises.
h.
There shall be no opening, other than required emergency exits, in
the side or rear walls or roof of any principal or accessory building
within 15 feet of any side or rear property line.
i.
No paint shop or bodywork shop shall be permitted, and no vehicle
repairs, except normal and customary minor services, shall be performed
out-of-doors.
j.
No part of any public garage or motor vehicle service station shall
be used for residence or sleeping purposes.
k.
No storage space or workshop shall be located within the required
front yard, and no scrap material shall be stored on the premises.
l.
No more than five motor vehicles which are damaged or which cannot
be lawfully operated upon public streets shall be stored, maintained
or permitted to stand upon any premises for a period in excess of
30 days except within a building or structure.
m.
No other principal use shall be permitted on any property in conjunction
with, or in addition to, a public garage or motor vehicle service
station.
n.
Off-street parking shall be provided pursuant to Subsection 20-23.4 and all other parking requirements within the applicable zone district. Parking shall be limited to those vehicles of employees, those which are involved in repairs or servicing at the site, and those commercial vehicles accessory and necessary to the operation of the facility. No other parking shall be permitted.
[Ord. No. 890 § 20-17.16; Ord. No. 1488 § 4]
a.
The office of a member of a recognized profession shall include only
the office of an accountant, architect, attorney, dentist, insurance
agent, professional engineer, minister, physician, surgeon, teacher
providing instruction in the arts, or such similar professional occupation
which may be so designated by the Township agency upon a finding by
the agency that such occupation is truly professional in character,
training and experience as a condition for the practice thereof. The
issuance of a state or local license for regulation of any gainful
occupation need not be deemed indicative of professional standing.
b.
Such office shall be determined by the Township agency to be one
which is normally and customarily conducted in a residence, and such
use shall be conducted wholly within the principal building on the
premises, excluding porches and garages. Products related to such
office shall not be sold on the premises.
c.
Such office shall involve principally the personal services of occupants
of the residence, by appointment only, to no more than one client
unit at a time. No more than three persons shall be employed, one
of whom may be a person who does not reside on the premises.
d.
Such office use shall be conducted on a limited scale so as not to
detrimentally affect the residential character of the zone district,
and the establishment of such office shall be clearly incidental and
secondary to the principal use of the premises for residence purposes.
e.
Goods, materials, supplies and equipment related to such office shall
not be visible from the outside of any structure located on the premises,
and shall be transported to and from the premises exclusively in passenger
motor vehicles and/or vehicles normally associated with residential
parcel deliveries.
f.
There shall be no advertising of any kind on the premises, except permitted professional signs pursuant to Subsection 20-24.3.
g.
Not more than 1/2 of the floor area of one story of the principal
building or 1/3 of the total livable floor area of the principal building,
whichever is less, shall be devoted to such office use, and such office
shall not be located above the first or street floor of said building.
h.
In addition to the parking requirements contained herein for the
applicable zone district, one off-street parking space shall be provided
for each nonresident employee. In addition, sufficient off-street
parking spaces shall be provided to accommodate the anticipated maximum
number of clients being served and waiting to be served at any one
time, unless such parking spaces are fully available and permissible
on the street immediately abutting, and on the same side as, the subject
premises.
j.
Electrical and mechanical equipment operated in conjunction with
such office shall not create visible or audible interference in radio
or television reception, or in the operation of similar equipment
and appliances, on other properties, or cause fluctuations in line
voltage outside the principal building, or external noises not normally
associated with residential use.
k.
No offensive vibrations, smoke, dust, odors, heat or glare shall
be produced and there shall be no undue increase in traffic, parking
or other factors which would be detrimental to the quiet enjoyment
of neighboring properties.
l.
Nothing herein shall be construed to permit funeral parlors, undertaking
establishments, biological or other medical testing laboratories,
warehouses, or similar activities.
m.
The Township agency may require such additional conditions as it
may deem reasonably necessary in the public interest including, but
not limited to, provisions restricting the minimum vehicular distance
between such professional office uses and provisions restricting the
hours during which such professional office activities may be conducted.
[Ord. No. 890 § 20-17.17; Ord. No. 937; Ord. No.
1106 § 1; Ord. No. 1171 § 1; Ord. No. 1488 § 5; Ord. No. 1729 § 3; Ord. No. 1797-2017 § 6]
a.
Minimum dining area of at least 15 square feet shall be provided
for each patron seat.
[Ord. No. 1797-2017 § 6]
b.
Off-street parking shall be provided pursuant to Subsection 20-23.4 and all other parking requirements within the applicable zone district.
[Ord. No. 1797-2017 § 6]
c.
No building or structure shall be greater than 28 feet or two stories
in height.
[Ord. No. 1797-2017 § 6]
d.
(Reserved)
[Ord. No. 1797-2017 § 6]
e.
(Reserved)
[Ord. No. 1797-2017 § 6]
[Ord. No. 890 § 20-17.18; Ord. No. 937; Ord. No.
1488 § 4; Ord. No. 1797-2017 § 6]
a.
Minimum lot area shall be three acres.
b.
Minimum lot depth shall be 500 feet, and minimum lot width shall
be 250 feet.
c.
Minimum front yard shall be 100 feet, and minimum rear yard shall
be 200 feet.
d.
There shall be two side yards neither of which shall be less than
35 feet.
e.
No building or structure shall be located within 50 feet of any property
in a residence zone district, nor within 2/10 vehicular mile from
the same or similar conditional use.
f.
No building or structure shall be greater than 28 feet, or two stories,
in height.
g.
Buffer areas at least 50 feet in depth shall be provided, where applicable, pursuant to Subsection 20-21.1.
h.
Off-street parking shall be provided pursuant to Subsection 20-23.4 and all other parking requirements within the applicable zone district. No parking shall be located within the front yard nor in any side yard within 10 feet of the front yard.
i.
The maximum building coverage shall be no greater than 25% of the
gross site area.
[Ord. No. 1797-2017 § 6]
j.
Special plantings and/or fencing along the side and rear property
lines shall be provided to minimize visibility of parking areas from
adjacent properties.
k.
The lot shall abut and shall provide primary direct access to and
from an arterial or collector street and not a street primarily serving
as access to residential properties.
[Ord. No. 890 § 20-17.19; Ord. No. 1488 § 4]
a.
The objectives and purposes of single-family clustered dwelling units
are to encourage innovations in residential development; to encourage
flexibility in the design, layout and development of residential land;
to permit more efficient use of open space ancillary to said buildings;
to encourage a more efficient use of land and of public services;
to reflect changes in the technology of land development so that resulting
economics may endure to the benefit of both the developer and those
who need homes; to promote the sound growth of the Township; to conserve
the value of the land; to ensure the protection of green areas for
present and future generations; to provide for a variety of housing
types at locations which will promote the safe, efficient, economical
and reasonable extension of municipal services while providing for
the protection and enhancement of the natural environment as well
as protection for existing uses in the surrounding neighborhoods and
the conservation of property values in those neighborhoods.
b.
All applications for development shall include, in addition to those
items required by the Land Use Procedures Ordinance of the Township
of West Caldwell, the following:
1.
The layout of the proposed dwelling units, including existing and
proposed watercourses, storm water detention facilities, existing
utilities available to the site, grade elevations, limits of wooded
areas and existing land use of the area within 500 feet of the site.
2.
A written report indicating how the proposed conditional use meets the objectives and purposes set forth in Subsection a hereof, and the reasons why the proposed conditional use is more suitable than single-family detached dwellings. This report shall also include sufficient information and data to substantiate that the proposed development would conform with the applicable provisions of the Municipal Land Use Law
[N.J.S.A. 40:55D-45]
3.
The location and size of the site and the nature of the developer's
interest in the land proposed to be developed.
4.
The density of land use to be allocated to that part of the site
to be developed.
5.
The location and size of all common open spaces, including the extent
and nature of all structures and improvements therein.
6.
The use, height, bulk and location of all buildings, structures and
improvements.
7.
A written feasibility and design study encompassing detailed drainage
calculations for each structure and reach of pipe or channel, analysis
of capabilities of off-site utilities, soil, slope and geological
studies, traffic analysis and design, and a plan of the design for
proposals for the disposition of sanitary waste and stormwater, and
the source and distribution of potable water.
8.
Proposed site grading plan.
9.
Proposed soil erosion and sedimentation control plan.
10.
The substance of covenants, grants, easements or other restrictions
proposed to be imposed upon the use of the land, buildings and structures,
including proposed easements or grants for public utilities.
11.
The provisions for parking of vehicles and the location and
width of proposed streets and public or private ways.
12.
The required modifications in the municipal land use regulations
otherwise applicable to the subject property.
13.
The materials to be used on the exterior of all buildings and
structures, and landscape plans.
14.
Roadway profiles and cross sections.
15.
An Environmental Impact Statement, if required by the Planning
Board.
16.
All site plans, subdivision plans and construction plans shall
be prepared and certified by a licensed professional engineer and/or
a licensed land surveyor, as applicable. Accompanying architectural
plans shall be prepared and certified by a registered architect.
17.
Any and all other information and data necessary to insure conformance
with all provisions of this subsection.
c.
Minimum lot area shall be 10 acres.
d.
No building or structure shall be located within 75 feet of any existing
property line or within 1/10 vehicular mile from the same or similar
conditional use.
e.
The average overall density shall not exceed 2.65 dwelling units per acre of the entire site, nor more than eight dwelling units per acre of that portion of the site not located within a designated flood hazard area, as defined in Chapter 21 of the Revised General Ordinances of the Township of West Caldwell. All density calculations shall be planned for the entire parcel of land, and not by sections.
1.
In determining the appropriate density for a plan subject to the
aforesaid maximum density, the following factors shall be considered:
the amount, location and proposed use of common open space; the location
and physical characteristics of the site of the proposed plan; the
location, design and type of dwelling units. The standards and general
guidelines contained herein are not exclusive, but are to be read
in conjunction with the other appropriate provisions of this section.
2.
There shall be no increase in the overall density of a plan established
as part of final approval except upon a finding of special reasons
therefor by the Planning Board after hearing upon notice to all the
owners of the existing dwelling units within the property and all
property owners within 200 feet of the property in question. In no
event shall the densities exceed the maximums set forth herein.
f.
Buildings and uses, except as otherwise permitted within common open
spaces, shall be limited to single-family dwelling units, semi-detached
or attached, or groups of attached or clustered structures or any
combination thereof, and accessory uses and structures as permitted
in R-3A Zone Districts.
g.
No building shall exceed 35 feet in height or 2 1/2 stories
whichever is less.
h.
No living floor space of a dwelling unit or any part thereof shall
be directly above the living floor space of another dwelling unit
or any part thereof.
i.
No building shall contain more than five dwelling units and no building
containing dwelling units shall be less than 50 feet from any portion
of any other such building.
j.
Common open spaces of not less than 25% of the total land area of
the development shall be provided. Areas designated as required yards,
buffer areas, sidewalks, roads and parking areas shall not be included
as common open spaces.
k.
Common open spaces shall include and be limited to recreation facilities
approved by the Planning Board such as swimming pools, playgrounds,
athletic fields, recreation halls or clubhouses, tennis courts, shuffleboard
courts and other compatible facilities.
l.
Each dwelling unit shall contain at least two private separate entrances.
m.
Each dwelling unit shall be on its own building lot with an overall
depth of at least 150% of the building depth, but not less than 75
feet.
n.
Side property lines shall be along common walls of interior attached
units. Exterior units shall have at least one side yard not less than
10 feet.
o.
Each dwelling unit shall be equipped with central heating and central
air conditioning systems and trash compactors. Provision shall be
made for adequate garbage and trash removal services.
p.
Buffer areas at least 50 feet in depth shall be provided, where applicable, pursuant to Subsection 20-21.1. Buffer areas at least 100 feet in depth may be required between an active recreational use and the nearest property line.
q.
A post and triple rail fence with six-inch square posts, or other
approved material, may be required along the boundary lines of the
property.
r.
There shall be no more than two front exteriors in any one structure
with the same appearance. The combined complex of structures and 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, differing exterior materials, changing roof lines and
roof designs, altering building heights and changing types of windows,
shutters, doors, porches, colors and horizontal or vertical orientation
of the face, singularly or in combination, for each dwelling unit.
s.
No dwelling unit shall be permitted within any flood hazard area, as defined in Chapter 21 of the Revised General Ordinances of the Township of West Caldwell.
t.
The developer shall provide for an organization for the ownership
and maintenance of the common open spaces for the benefit of the owners
or residents of the development, if the common open spaces are not
dedicated to and accepted by the Township of West Caldwell, all in
compliance with the standards and requirements of the Municipal Land
Use Law (N.J.S.A. 40:55D-43).
u.
Off-street parking shall be provided pursuant to Subsection 20-23.4 and all other parking requirements within the applicable zone district.
w.
For purposes of this subsection, the following terms are defined
and shall be construed as herein set forth:
1.
Attached dwelling shall mean two or more single-family dwelling units
attached by a common wall between the units.
2.
Common open space shall mean a parcel or parcels of land or an area
of water, or a combination of land and water within the site designed
and intended for the use and enjoyment of residents and owners of
the development.
3.
Detached dwelling shall mean a dwelling unit structure separated
by a distance from any other structure other than an accessory structure.
4.
Developer shall mean the legal or beneficial owner or owners of a
lot or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such land.
5.
Gross acreage shall mean the total area of a tract, excluding the
area of any existing abutting public streets.
6.
Net acreage shall mean the total area of land devoted to a particular
use, excluding public streets, interior roads and common open spaces.
7.
Plan shall mean the provisions for development, including a plat
of subdivision, and all covenants relating to use, location and bulk
of buildings and structures, intensity of use or density of development,
private streets, ways and parking facilities, common open space and
public facilities. The phrase "provisions of the plan" when used in
this chapter shall mean the written and graphic materials referred
to in this definition.
8.
Semi-detached dwelling shall mean two or more single-family dwelling
units attached by no more than five feet of common wall between the
units.
[Ord. No. 1209 § 11; Ord. No. 1283 §§ 1-4; Ord.
No. 1580 § XIII; Ord. No. 1745 § 5; Ord. No. 1797-2017
§ 6]
a.
Objectives and Purposes. The objectives and purposes of continuing
care retirement communities are to encourage a variety of housing
resources for senior citizens consistent with the Land Use Plan and
Housing Plan of the Township of West Caldwell; to provide for the
transitional residency of elderly persons progressing from independent
living in individual dwelling units to congregate apartment living
where residents are provided limited daily assistance and share common
meals, and culminating in a full-time nursing care facility; to encourage
flexibility in the design, layout and development of residential land;
to provide for a variety of housing types at locations which will
promote the safe, efficient, economical and reasonable extension of
municipal services while providing for the protection and enhancement
of the natural environment as well as protection for existing uses
in the surrounding neighborhoods and the conservation of property
values in those neighborhoods.
b.
Definitions.
1.
Continuing care retirement community shall mean a facility licensed
by the State of New Jersey to furnish transitional residency for eligible
elderly persons, including independent living units, assisted living
units and nursing care units, as hereinafter defined. Such facility
shall provide basic life-support services (including meals, housekeeping
and medical care), personal and professional services, and communal
recreational, social and cultural activities.
2.
Independent living unit shall mean one or more connected rooms which contain living, sleeping, kitchen and sanitary facilities, where all residents, pursuant to Subsection c of this subsection, are capable of living independently without continuing medical or physical assistance exceeding defined levels, and where residents dine privately and/or in a communal dining area.
3.
Assisted living unit shall mean one or more connected rooms which contain living, sleeping and sanitary facilities, where all residents, pursuant to Subsection c of this subsection, are ambulatory but one or more require a defined level of assistance in normal daily living activities and/or require a defined level of health care, between nursing care and independent living, by in-house staff. Such residents shall otherwise be physically and mentally able to live independently and may regularly dine in a communal dining area.
4.
Nursing care unit shall mean one bed and associated facilities, where each resident, pursuant to Subsection c of this subsection, by reason of advanced age, chronic illness or infirmity, is unable to care for himself or herself and requires full-time convalescent or chronic care. Such residency shall be limited pursuant to the provisions of Subsection 20-17.14.
c.
Occupant Eligibility. Occupancy is restricted to persons 65 years
of age or older except that occupancy of independent living units
and assisted living units only may also include the following:
d.
Lot, Yard and Bulk Standards.
1.
The minimum lot area shall be 25 acres.
2.
The minimum lot depth shall be 1,300 feet, and the minimum lot width
and lot frontage shall be 600 feet.
3.
The minimum front yard shall be 100 feet, and the minimum rear yard
shall be 100 feet.
4.
There shall be two side yards, neither of which shall be less than
50 feet.
5.
The minimum side yards and rear yard required herein shall not include buffer areas required pursuant to Subsection e of this subsection, except that the buffer areas may be applied to the aggregate side yard requirement.
6.
The height of any principal building having a sloping roof shall not be greater than 35 feet or 2 1/2 stories. The height of any principal building having a flat roof shall not be greater than 28 feet or two stories. Building height shall be measured pursuant to § 18A-5 of the Land Use Procedures Ordinance of the Township of West Caldwell.
7.
Notwithstanding the provisions of Subsection 20-21.7, more than one principal structure may be permitted on the property, provided that the primary use of any such additional principal structures shall be for independent living units only. When more than one principal structure is located on the property, the minimum distance between any two such structures shall not be less than as required under the following formula:
|
S
—
5
|
=
|
LA + LB + 2 (HA + HB)
LA + LB + 2 (HA + HB)
LA + LB + 2 (HA + HB)
|
|
where
| ||
|
S
|
=
|
Required minimum horizontal distance between any wall of Building
A, at any given level, and the nearest facing wall of Building B,
at any given level.
|
|
LA
|
=
|
Total length of the nearest wall of Building A facing Building
B.
|
|
LB
|
=
|
Total length of the nearest wall of Building B facing Building
A.
|
|
HA
|
=
|
Average height above finished grade of the nearest wall of Building
A facing Building B.
|
|
HB
|
=
|
Average height above finished grade of the nearest wall of Building
B facing Building A.
|
|
Notwithstanding the foregoing, no part of any principal building
shall be nearer than 25 feet to any other principal building on the
property, except that no part of the front or rear of any principal
building shall be nearer than 50 feet to any part of the front or
rear of any other principal building on the property.
|
8.
Where a court is provided, it shall have a minimum dimension of 40
feet or 1-1/2 times the average height above finished grade of the
highest facing building wall, whichever is greater. In no event shall
facing window walls within the same building be closer than 50 feet.
9.
The maximum floor area ratio permitted under this subsection shall not exceed 1/2, as defined and measured pursuant to § 18A-5 of the Land Use Procedures Ordinance of the Township of West Caldwell.
10.
No continuing care retirement community shall be located on
any lot which is within 1,500 feet from the nearest property line
of any lot upon which is erected an existing continuing care retirement
community.
e.
Open Space and Buffer Areas.
1.
Common open space of not less than 25% of the total land area of
the property shall be provided. Areas designated as buffer areas,
sidewalks, roads and parking areas shall not be included as common
open space. Common open space shall include landscaped areas and paved
or improved areas for active and passive use and enjoyment.
2.
Maximum building coverage shall not exceed 25% of the total lot area, nor more than 50% of that portion of the property not located within a designated flood hazard area, as defined in Chapter 21 of the Revised General Ordinances of the Township of West Caldwell.
[Ord. No. 1797-2017 § 6]
3.
On-site buffer areas having a minimum depth of 30 feet shall be provided along the side and rear lot lines of the property, pursuant to the provisions of Subsection 20-21.1.
4.
Pursuant to the provisions of Subsection 20-20.2 no dwelling or living unit nor, for the purposes of this subsection, any facility providing medical, food or other life-support services shall be permitted within any flood hazard area, as defined in Chapter 21 of the Revised General Ordinances of the Township of West Caldwell.
f.
Regulation of Uses.
1.
The maximum number of independent living units permitted in any one
continuing care retirement community shall not exceed 10 units per
acre. In no event shall the sum of independent housing units, assisted
living units and nursing care units in any one continuing care retirement
community exceed a total of 480 units.
2.
The allocation of the quantity of dwelling units as a percentage
of the total sum of all independent living units, assisted living
units and nursing care units in any continuing care retirement community
shall conform to the following limits:
|
Percent
| ||
|---|---|---|
|
Dwelling Type
|
Minimum
|
Maximum
|
|
Independent living units
|
60
|
80
|
|
Assisted living units
|
10
|
20
|
|
In addition to the above referenced limitations, the total number
of nursing care units shall not exceed 25% of the total number of
independent living units and assisted living units in any continuing
care retirement community.
|
3.
The minimum floor area of any assisted living unit shall be 350 square
feet. The minimum floor area of any independent living unit shall
not be less than the following:
|
Number of Bedrooms
|
Minimum Floor Area per Dwelling Unit
(square feet)
|
|---|---|
|
0
|
450
|
|
1
|
650
|
|
2
|
800
|
|
3**
|
1000
|
|
**or 2 bedrooms plus 1 den.
|
|
In addition to the above referenced requirements, at least 75%
of the total number of independent living units in any continuing
care retirement community shall contain at least one bedroom. For
the purposes of this subsubsection, the term "bedroom" shall mean
and include any room other than a main living room, kitchen, dinette
or dining room, bathroom, closet, foyer or hallway.
|
4.
The Township agency may allow a limited number of independent living units to be designated for the use of on-site management or medical employees, including each such employee's immediate family. Notwithstanding the provisions of Subsection c of this subsection, such residents shall not be restricted as to age.
5.
For the purposes of this subsection, permitted ancillary uses shall
be limited to convenience stores, retail gift shops, and professional
and personal services, provided:
(a)
Such uses shall be centrally located within the community in
buildings, or portions thereof, that are architecturally compatible
with the residential portion of the development and shall be intended
for the primary use and benefit of the residents and employees of
the continuing care retirement community and their guests, and
(b)
There shall be no signs advertising such uses which are visible
from the street or adjacent properties, and there shall be no media
advertising related thereto, and
(c)
The floor area of such ancillary uses shall not exceed 2% of
the total floor area of the independent living units in the community.
For the purposes of this subsection, rooms or areas used for
common dining, kitchen, administrative, therapy, storage, corridors,
lounges, mail, workshop, and related activities, as well as rooms
or areas used for medical, recreational or social purposes are considered
necessary supporting facilities and activities to a continuing care
retirement community and are not considered ancillary uses as hereinabove
defined and regulated.
6.
Notwithstanding the provisions of Subsection f of Subsection 20-24.3, two free-standing identification signs identifying a continuing care retirement community may be located in the front yard, provided such sign is set back at least 15 feet from the front property line. Such sign shall not exceed 3/4 square feet in area per foot of sign set back from the front property line, except that no such sign shall be required to be less than 12 square feet nor permitted to be greater than 30 square feet. The lower edge of any such free standing sign shall not be more than two feet above the ground surface.
g.
Parking, Traffic and Circulation.
1.
For traffic safety and to facilitate access for outside services,
visitations and health emergencies, all continuing care retirement
communities shall be located on a lot having primary ingress and egress
from a county road or equivalent major arterial roadway and at a traffic-signal
controlled intersection.
2.
No parking shall be permitted within the front yard nor in a side
yard within 10 feet of the front yard.
3.
Off-street parking spaces and areas shall comply with the provisions of § 20-23, expect as hereinafter provided. Ride-sharing and car pooling programs shall be encouraged, particularly for facility employees. Incentives for participation in such programs shall be at the discretion of facility management. The following minimum number of parking spaces shall be provided:
4.
The minimum number of off-street employee parking spaces required herein may be reduced by up to 15% upon satisfactory demonstration to the Township agency that the implementation of an employee ride-sharing, car pooling or other similar program would justify such reduction. In such event, pursuant to Subsection n of Subsection 20-23.3, a landscaped area shall be reserved that can readily be converted to off-street parking if the aforesaid parking reduction program ceases or is unsuccessful.
5.
A shuttle bus service shall be established by facility management
to transport residents of the facility to local shops and services
and to transport employees to public transportation at shift breaks.
6.
All interior access roads shall have a minimum paved width of 24
feet and shall provide for two-way traffic flow. There shall be a
minimum of two means of access to the site from one or more public
streets. In the alternative, the interior roadway shall form a loop
connecting a single access to the public street, in which case the
access road shall have a minimum paved width of 30 feet equally divided
on two sides of a landscaped planting strip which shall extend 100
feet back from the public street.
8.
Parking spaces in any parking area adjacent to a landscaped area,
and where the parking angle is 45° or greater, may be reduced
to 17-1/2 feet in length, and the width of the landscaped area shall
be increased by three feet to permit vehicle overhang without disturbing
landscaping.
9.
The traffic generated by facility activities shall not result in
a decrease in level of service at the nearest intersections in each
direction A traffic impact analysis shall be prepared to analyze the
change, if any, on the level of service.
10.
Provision shall be made for separate access to, and discreet
location of, loading and unloading areas for outside services provided
to the continuing care retirement community (including, but not limited
to, ambulance and other emergency services, food delivery, laundry,
dumpsters and other trash services) and for adequate screening of
such activities.
h.
Exterior Lighting.
1.
All lighting shall provide translucent fixtures with shields around
the light source. The light source shall be defined as bulbs or tubes.
2.
The light intensity provided at ground level shall average a maximum
of 0.5 foot candles over the entire area with a maximum of one foot
candles at any point. For each fixture and lighted sign, the total
quantity of light radiated above a horizontal plane passing through
the light source shall not exceed 7.5% of the total quantity of light
emitted from the light source. Lights on standards shall be a maximum
of 15 feet in height.
3.
All outdoor lighting shall be shown on the site plan in sufficient
detail to allow determination of the effects at the property line
and on nearby streets, driveways, residences, and overhead sky glow.
No lighting source shall be visible from windows, streets and driveways
nor shall lighting shine directly into or reflect into windows or
onto streets and driveways such as to interfere with driver vision.
4.
No lighting shall have a yellow, red, green or blue color, nor shall
any lighting have a rotating, pulsating or other intermittent frequency.
5.
The intensity of light, shielding, direction and reflection of lighting
and similar characteristics shall be subject to site plan approval
by the Township agency.
6.
The objective of this subsection is to minimize undesirable off-site
lighting effects.
i.
Site Design Standards. Specific design standards shall conform to
applicable Township ordinances. When reviewing any site plan, and
prior to approval thereof, the Township agency shall make the following
findings:
1.
The design and arrangement of proposed buildings and parking areas
shall include consideration of any aesthetically pleasing design and
efficient arrangement. Particular attention shall be given to safety
and fire protection and to the visual and functional impact of the
proposal on surrounding developments and on contiguous and adjacent
buildings and lands.
2.
Buffering shall be located around the perimeter of the site to minimize
the impact of lighting, noise, vehicular headlights, and the movement
of people and vehicles, as well as to shield on-site activities from
adjacent properties, when necessary. Buffering may consist of fencing,
evergreens, shrubs, bushes, deciduous trees or combinations thereof
to achieve the stated objectives.
3.
Landscaping shall be provided as part of the overall site plan design
and shall be integrated into building arrangements, topography, parking
and buffering requirements. Landscaping may include trees, bushes,
shrubs, ground cover, perennials, annuals and sculpture, and the use
of building and paving materials in an imaginative manner.
4.
Sanitary waste disposal and water supply shall be reviewed by the
Township Engineer. Particular emphasis shall be given to the adequacy
of existing systems and the need for improvements, both on-site and
off-site, to meet sewage requirements and to maintain an adequate
supply of water at sufficient pressure. State and local standards
regarding the proper and sanitary handling and disposal of all medical
waste shall be complied with.
5.
Surface drainage and soil erosion and sediment control proposals
shall be reviewed by the Township Engineer. On-site and off-site erosion
shall not be caused or worsened either during or after construction.
The potential of area or downstream flooding shall not be increased
by surface drainage from the site.
6.
The design and arrangement of pedestrian and vehicular traffic movement
within and adjacent to the site shall be reviewed with particular
emphasis on the provision and layout of parking areas, off-street
loading and unloading areas, and the movement of people, goods and
vehicles from access roads within the site. Large parking areas shall
be subdivided with landscaped aisles for traffic control, pedestrian
safety and aesthetic considerations.
7.
All parking areas, as well as individual parking spaces, shall be
usable and safely and conveniently arranged. Access to the site from
adjacent roads shall be designed so as to interfere as little as possible
with traffic flow on these roads and to permit vehicles a convenient
and safe ingress and egress to the site.
8.
Notwithstanding the provisions of § 20-24, all outdoor signs which are within the Continuing Care Retirement Community shall be designed so as to be harmonious with other signs on the site, sized and located so as to limit their visibility from outside the site and to achieve their purpose without constituting hazards to vehicles and pedestrians. All such signs are subject to application and approval by the Sign Committee which shall determine conformance with this subsection.
9.
Adequate lighting shall be provided to ensure safe movement of persons
and vehicles and for security purposes. Lighting standards shall be
of a type and height acceptable to the Township agency. Directional
lights shall be arranged so as to minimize glare and reflection on
adjacent properties. All electric, telephone and similar utilities
shall be underground, whenever feasible.
10.
Garbage disposal provisions shall be acceptable in terms of
adequate storage facilities, vermin and rodent control and aesthetic
considerations. All systems shall meet Township specifications as
to installation and construction, including recycling containers and
storage facilities. Recycling programs shall conform to all State
and local ordinances.
11.
Site and building design shall include appropriate energy conservation
techniques. Energy conservation techniques may include, but not be
limited to, the siting of structures and site landscaping in relation
to sun angles and wind direction, natural ventilation of structures,
shading devices, insulation techniques and the use of water-conserving
and solar devices and renewable energy sources.
12.
Minimum safety standards required in connection with continuing
care retirement community uses shall include the following:
(a)
All areas of public use shall have doors of sufficient width
to accommodate wheelchairs.
(b)
In all locations, where appropriate, automatic doors shall be
provided to accommodate residents and visitors in wheelchairs.
(c)
Wherever steps are located, ramps or elevators shall also be
provided.
(d)
Ramps shall be provided for grades greater than 5%, and ramp
gradients shall not exceed 1:12.
(e)
Walkways shall have a minimum width of 48 inches and shall have
continuous common surfaces without abrupt changes in level or interruptions
due to steps. All walkways shall have non-slip and non-glare surfaces
and shall not contain gratings.
(f)
Benches shall be provided along frequently used walkways and
shall have backrests and armrests for support to facilitate sitting
and standing. Soft materials or wood shall be preferred to hard materials
and materials that conduct heat and cold.
(g)
All floors, stairs and ramp surfaces shall have non-slip and
non-glare surfaces.
13.
Provision shall be made to eliminate the need for individual
television antennas on the roof of any building.
14.
All dwelling units shall be equipped with independent, individually
controlled central heating and central air conditioning systems.
j.
Application for Development. All applications for development shall
include, in addition to those items required by the Land Use Procedures
Ordinance of the Township of West Caldwell, the following:
1.
The layout of the proposed continuing care retirement community,
including existing and proposed watercourses, storm water detention
facilities, existing utilities available to the site, grade elevations,
limits of wooded areas and existing land use of the area within 500
feet of the site.
2.
A written report indicating how the proposed conditional use meets the objectives and purposes set forth in Subsection a of this subsection. The report shall also include sufficient information and data to substantiate that the proposed development would conform with the applicable provisions of the Municipal Land Use Law
[N.J.S.A. 40:55D-45].
3.
The location and size of the site and the nature of the developer's
interest in the land proposed to be developed.
4.
The density of land use to be allocated to that part of the site
to be developed.
5.
The location and size of all common open spaces, including the extent
and nature of all structures and improvements therein.
6.
The use, height, bulk and location of all buildings, structures and
improvements.
7.
A written feasibility and design study encompassing detailed drainage
calculations for each structure and reach of pipe or channel, analysis
of capabilities of off-site utilities, soil, slope and geological
studies, traffic analysis and design, and a plan of the design for
proposals for the disposition of sanitary waste and stormwater, and
the source and distribution of potable water.
8.
Proposed site grading plan.
9.
Proposed soil erosion and sedimentation control plan.
10.
The substance of covenants, grants, easements or other restrictions
proposed to be imposed upon the use of the land, buildings and structures,
including proposed easements or grants for public utilities.
11.
The provisions for parking of vehicles and the location and
width of proposed streets and public or private ways.
12.
The required modifications in the municipal land use regulations
otherwise applicable to the subject property.
13.
The materials to be used on the exterior of all buildings and
structures and landscape plans.
14.
Roadway profiles and cross sections.
15.
An Environmental Impact Statement, if required by the Township
agency.
16.
A traffic impact analysis showing the impact (level of service)
of projected traffic on peak hour traffic volumes on abutting public
streets. The effect of projected traffic from site development on
the abutting streets shall be analyzed in terms of congestion and
safety.
17.
All site plans, subdivision plans and construction plans shall
be prepared and certified by a licensed professional engineer and/or
a licensed land surveyor, as applicable. Accompanying architectural
plans shall be prepared and certified by a registered architect.
18.
Any and all other information and data necessary to insure conformance
with all provisions of this subsection.
[Ord. No. 1419 § 19; Ord. No. 1745 § 5]
Any personal communications antenna shall be deemed a conditional accessory structure, which shall conform to the following provisions. These provisions shall also be applicable to any satellite dish antenna greater or equal to 40 inches in diameter or diagonal measurement. Any satellite dish antenna of lesser dimensions shall be deemed a permitted accessory structure, which is regulated pursuant to the provisions of Subsection 20-19.9.
a.
Except as hereinafter provided, personal communications antennas and satellite dish antennas greater or equal to 40 inches in diameter or diagonal measurement shall be permitted in any zone district; shall be limited in quantity to district-wide standards pursuant to Subsection 20-17.3c and Subsection d of Subsection 20-5.4; and shall be intended for the sole use of occupants of the property on which it is located.
b.
In all districts, the height of any personal communications antenna
shall not exceed the actual or maximum permitted height of the principal
buildings, whichever is less, by more than 30%. In residence districts,
any satellite dish antenna shall not exceed six feet in diameter or
28 square feet in area or nine feet in height. In nonresidence districts,
any satellite dish antenna shall not exceed 10 feet in diameter or
79 square feet in area or 13 feet in height.
c.
Height limitations shall be measured vertically from the mean grade
of the surrounding terrain to a radius of 50 feet up to the highest
point of the antenna or antenna support, whichever is more elevated,
when the antenna is in maximum operating position.
d.
All such antennas shall be ground-mounted as herein provided, and
shall not be mounted on the principal building or any accessory building
or structure, though they may be supported by the same.
e.
On corner lots, such antenna shall be set back a minimum of two times
the required front yard setback from any street right-of-way line.
f.
No advertising, lettering or other signage shall be affixed to any
antenna or its support structures.
g.
Such antenna, including all of its components, array and supporting
structures, shall be located in a rear yard only and shall be set
back from any rear or side property line by an amount at least equal
to the minimum required or actual side yard setback to the principal
building, or a distance at least equal to the height of the antenna,
whichever is the greatest. The lowest portion of such antenna shall
not be more than two feet above the ground surface immediately surrounding
the same.
h.
The color of any such antenna and its mounting supports shall blend
with its surroundings; the surrounding area shall be suitably landscaped;
and all wiring to or from the antenna shall be underground.
i.
Any such antenna, including mount and support structures, shall be
screened to minimize the view from streets and from the ground level
of adjoining properties. Screening shall consist of trellis, latticework,
decorative block, basket-weave fencing, open artistic block or similar
materials or by evergreen plantings at least five feet high at the
time of planting and of adequate kind, proximity and density of growth,
or by combinations thereof.
j.
All antennas and related support structures shall conform with the
manufacturer's specifications and installation instructions; shall
not cause radio frequency equipment interference on other properties;
shall be of noncombustible and corrosive-resistant materials; shall
be erected in a secure and wind-resistant manner; shall be fully retracted
when not in use; and shall have adequate ground protection against
a direct lightning strike.
k.
In the event the developer can demonstrate that the antenna will
not function properly or provide adequate signal quality when installed
in accordance with the above conditions, the Planning Board may, upon
site plan review, grant exceptions, pursuant to the Municipal Land
Use Law (N.J.S.A. 40:55D-51), upon the showing of adequate proofs
by the developer through qualified experts. The grant of such exceptions
may be subject to such conditions as the Planning Board may require
to protect the intent and purpose of the provisions of this subsection.
[Ord. No. 1419 § 20; Ord. No. 1522 §§ 5-8; Ord.
No. 1580 §§ XIV, XVI; Ord. No. 1745 § 5]
Pursuant to the Federal Telecommunications Act of 1996, commercial
communications antennas shall be conditional uses in the M-2 Districts,
and if mounted on existing high-tension electric towers, a conditional
use in the M-1, M-2, B-3 and OS Districts, regulated so as to encourage
the effective, efficient and unobtrusive provision of telecommunications
services to the community, while minimizing visual and other adverse
impacts of such uses and protecting public health, welfare and safety.
a.
Any such antenna shall conform with all provisions of Subsection 20-17.21, except when any such provisions are superseded by applicable provisions of this subsection.
b.
Such antenna may be mounted on the ground or on existing buildings or structures. In no event shall the height of such antenna, including the height of buildings or structures on which it may be mounted, exceed twice the maximum permitted height of a principal building in such district. Height limitations shall be measured pursuant to Subsection 20-17.21c and shall include any antenna structures supported by a tower or other antenna support. Roof-mounted antennas, including all related appurtenant structures, shall not cover more than 10% of the applicable roof area. Notwithstanding the provisions of this subsection, the height of commercial communications antenna mounted on existing high-tension electric towers shall be limited to the height of the tower at the time of passage of this ordinance, in which case the developer may be required to provide adequate proofs of said tower height.
c.
The developer shall provide a needs analysis containing documentary
evidence demonstrating why there is a need for the proposed installation,
construction, erection, movement, reconstruction or modification of
any commercial communications antenna within the Township; why the
proposed antenna design, location and height are necessary and appropriate;
and why such needs cannot be satisfied outside of the Township.
d.
Notwithstanding any other provision of this chapter, a different
existing principal use or structure on the same property shall not
preclude the installation of a commercial communications antenna.
Any such antenna shall be deemed a conditional accessory structure
if a separate principal building or structure exists on the property
or shall be deemed a conditional principal structure if no other principal
building or structure exists on the property.
e.
No such antenna shall be lighted, except as may be required by state
or federal law. Such antennas as are ground-mounted shall be enclosed
within a locked security fence at least six feet in height, which
shall be equipped with appropriate anti-climbing devices.
f.
The developer shall conclusively demonstrate that an alternative
technology, not requiring the use of towers or structures, would be
unsuitable and that, except for antenna mounted on electric high-tension
towers, all reasonable efforts shall be employed to camouflage or
otherwise conceal the presence of any such antenna, including, but
not limited to, the use of man-made trees, clock or other ornamental
towers, light poles and similar alternative-design mounting structures.
In addition, the developer shall provide a visual environmental assessment,
with particular emphasis on the visibility of the proposed antenna
from key viewpoints.
g.
Such antenna, except for antenna mounted on existing high-tension electric towers, shall conform with location and setback requirements pursuant to Subsection 20-17.21g, except that the same shall be set back a distance at least equal to 120% of the height of the antenna from any property line and from all non-appurtenant buildings or structures. No such antenna, except for antenna mounted on existing high-tension electric towers shall be located on, or within 150 feet of, a residential property line.
h.
Ground-mounted accessory structures within the utility right-of-way
and used to house equipment in support of operations related to such
antenna mounted on existing high-tension electric towers shall be
limited to a height of 10 feet and conform to the following requirements:
1.
Said accessory structures shall be enclosed within a locked security
fence at least six feet high enclosing a maximum ground area of 1,000
square feet. Said security fence shall be set back from the property
line a minimum of 35 feet.
2.
Notwithstanding the provisions of Subsection 20-17.21h, the wiring to or from said accessory structures and the antenna may be above ground provided that said wiring is a minimum of nine feet above the ground.
3.
Landscaping or other methods may be required by the Township agency
to screen the accessory structure or fence from adjacent property
or streets. Such landscaping or other methods used shall be maintained
by the operator of the antenna to insure that accessory structure
or fence is screened as originally required by the Township agency.
4.
Any and all outside lighting shall be designed to reflect downward
away from the accessory structure and shall not cause glare of more
than one-quarter-foot candle over adjoining properties or streets.
i.
One access road with turn-around and at least one parking space shall
be provided for emergency and service access, using existing public
or private roads to the maximum extent practicable.
j.
The Planning Board may subject its approval of the application on
such conditions as it deems necessary to protect public health, welfare
and safety, including, but not limited to, the following:
1.
The developer may be required to provide periodic competent documentation
assuring that radio frequency emissions and electromagnetic radiation
levels comply with all applicable state and federal regulations, and
that the antenna operation does not interfere with radio and television
reception or with the operation of any other consumer or medical device.
2.
The developer may be required to provide a demolition bond to the
Township for the purpose of assuring the removal of any antenna which
becomes obsolete due to advances in technology, remains unrepaired
for an unreasonable period of time or ceases to be used for its intended
purpose for six consecutive months. The developer shall provide annual
written demolition cost estimates for the purpose of adjustments to
such bond.
3.
The developer may be required to provide periodic reports from a
licensed professional engineer certifying as to the condition of the
antenna with respect to applicable structural safety standards, and
the developer shall forthwith implement any recommendations for repairs,
maintenance or reconstruction contained therein.
[Ord. No. 1419 § 21]
Nonresidential professional offices shall be conditional uses in M-1 and M-2 Districts; shall be defined, limited and regulated as provided in Subsection 20-15.1c; and shall conform with the following provisions:
a.
Limitations and restrictions on multiple occupancy in M-1 and M-2 Districts, pursuant to Subsections 20-13.5b. and 20-14.5b, shall apply to nonresidential professional offices, including the overall limit of four occupants in any one building, except that the minimum required floor area per occupant shall not apply.
b.
One such office shall be permitted on any one property. Such office shall be conducted wholly within the principal building, by appointment only, and shall be clearly incidental and secondary to the principal use of the premises for permitted purposes, pursuant to Subsections 20-13.1 and 20-14.1. To this end, no such office shall occupy more than 10% of the total floor area of the principal building or 2,500 square feet, whichever is less.
c.
In addition to the parking requirements contained herein for the
applicable zone district, sufficient off-street parking spaces shall
be provided to accommodate all employees and the anticipated maximum
number of clients being served and waiting to be served at any one
time.
d.
The Township Agency may require such additional conditions as it
may deem reasonably necessary in the public interest including, but
not limited to, provisions restricting the minimum vehicular distance
between such professional office uses.
[Ord. No. 1538 §§ 2,
3]
a.
Objectives and Purposes. The objectives and purposes of this conditional
use standard is to permit the occupancy or reoccupancy of buildings
in the M-1 Zone to be used in connection with the educational and
vocational instruction of persons seeking training, retraining or
accreditation in the skilled construction or mechanical trades provided
by labor organizations recognized by federal and state labor laws.
A secondary purpose and objective of this conditional use standard
is to permit labor organizations that sponsor or provide such apprenticeship
and/or journeyman training programs to furnish related employment,
health, welfare, pension and collective bargaining services to their
membership as an accessory use in the M-1 Zone.
b.
Any building used for trade union apprenticeship and/or journeyman
training purposes shall have no other occupancy, use or purpose except
as permitted herein.
c.
All educational and vocational instruction, demonstration, fabrication,
simulation, or construction shall occur within the confines of the
principal building. No educational and vocational instruction, demonstration,
fabrication, simulation, or construction shall occur within any accessory
building or structure. No offensive vibrations, smoke, dust, waste,
odors, heat, light, glare, or noise shall be produced from any educational
and vocational, demonstration, fabrication, simulation, or construction
occurring within the confines of the principal building or any accessory
structure. All electrical and mechanical equipment operated or used
in connection with the educational and vocational instruction, demonstration,
fabrication, simulation, or construction shall be adequately screened
to reduce visual impacts and noise.
d.
Storage of educational, vocational and construction materials shall
occur within the principal building or in an approved accessory structure
designed for said purposes.
e.
Classrooms, shop areas, locker, break, lunch and rest rooms, library
space, tool, material storage and supply rooms, administration, instructor
and counselor offices, demonstration and exhibits areas devoted to
the educational and vocational instruction shall occupy a minimum
of 3,000 square feet in the principal building.
f.
Any portion of the principal building used to furnish related employment,
health, welfare, pension and collective bargaining services to members
of a labor organization shall not exceed 35% of the total floor area
of the principal building.
g.
In addition to the parking requirements contained herein for the
M-1 Zone District, sufficient off-street parking spaces shall be provided
to accommodate the maximum number of employees, trainees and/or members
working, training or being served at any one time.
h.
The Township agency may require such additional conditions as it
may deem reasonably necessary in the public interest including, but
not limited to, the provisions of additional parking and/or the restrictions
on the hours and days during which education, instruction or vocational
training may be conducted on the premises.
[Ord. No. 1797-2017 § 6]
a.
Minimum dining area of at least 15 square feet shall be provided
for each patron seat.
b.
Off-street parking shall be provided pursuant to Subsection 20-23.4 and all other parking requirements within the applicable zone district.
c.
No building or structure shall be greater than 28 feet or two stories
in height.
d.
Drive-up window stacking lanes shall be separate and distinct from
parking lot aisles and driveways.
e.
Stacking lanes shall have sufficient length for a minimum of six
vehicles in total and each lane shall have a minimum width of 10 feet.
f.
The entire length of the stacking lane or lanes shall be behind the
front yard limit line and shall not block any parking space, aisle,
driveway or loading area when the stacking lane is occupied with the
maximum number of vehicles.
g.
If multiple stacking lanes are provided, they shall merge into one
drive-up window lane prior to reaching any window or windows.
h.
The drive-up window stacking lane may end after the last window and
merge with the exit driveway of the property.
i.
The drive-up window lane shall not be used as an exit driveway from
the property.
j.
The drive-up windows and stacking lane or lanes shall be designed
to prevent uncontrolled conflicting movements between any on-site
vehicles and pedestrian traffic and shall also be designed to allow
safe ingress and egress from the site at all times.
k.
There shall be no front yard parking on any property where a drive-up
window or windows are located, with the exception of properties in
the B-2 Zone.
l.
One or more drive-up windows may be used for payment and/or pickup
of product, said window or windows shall be an integral part of the
principal building and shall face the side or the rear of the parcel.
m.
Fast-food restaurants shall have a minimum of 50 patron seats.
n.
The following signs are permitted for a fast-food restaurant:
1.
Wall sign.
(a)
One wall sign shall be permitted per public street frontage.
(b)
The maximum sign area shall be 85% of the linear business frontage,
with a maximum area of 40 square feet.
(c)
The top edge of the wall sign shall not be installed more than
14 feet above the sidewalk or ground.
(d)
The sign may be internally or externally illuminated.
2.
Freestanding identification sign.
(a)
One freestanding identification sign shall be permitted per
public street frontage.
(b)
The sign shall be set back at least 10 feet from all property
lines.
(c)
The maximum sign area shall be 20 square feet for lots with
a frontage less than 100 feet.
(d)
The maximum sign area shall be 35 square feet for lots with
a frontage 100 feet or greater.
(e)
The maximum sign height, including structure and sign area,
shall be 10 feet above existing grade.
(f)
The sign may be internally illuminated.
4.
Drive-up menu board.
(a)
One drive-up menu board shall be permitted per stacking lane.
(b)
The board shall be separated from vehicular traffic by means
of curbing and shall be suitably landscaped. The board shall be located
in the side or rear yard.
(c)
The maximum sign area shall be 32 square feet and shall be architecturally
compatible with the building.
(d)
The board may be internally illuminated, but the board shall
not be visible from a public street. Boards shall not be illuminated
when the establishment is closed.
(e)
Screening shall be provided between the board and any adjacent
residential zone. Screening shall include evergreen trees installed
at a minimum height of five feet.
5.
Product display board.
(a)
One product display board shall be permitted per parcel.
(b)
The maximum sign area shall be 20 square feet.
(c)
The board may be externally illuminated, but the board shall
not be visible from a public street. Boards shall not be illuminated
when the establishment is closed.
(d)
Screening shall be provided between the board and any adjacent
residential zone. Screening shall include evergreen trees installed
at a minimum height of five feet.
[Ord. No. 1797-2017 § 6]
a.
Outdoor dining shall be permitted as an accessory use to any duly
licensed restaurant, subject to the following conditions:
1.
The area for outdoor dining shall not impinge upon any public sidewalk
or right-of-way or with the approved internal site circulation, nor
shall it occupy or render unusable any parking space.
2.
The outdoor seating shall be limited to 15% of the establishment's
existing interior seating or 20 seats, whichever is greater.
3.
No food or refreshment preparation shall be permitted within the
outdoor dining area.
4.
Outdoor dining areas shall be delineated by planters, a fence, wall
or other aesthetically pleasing mechanism, which shall define the
seating area without creating a full barrier to viewing the area.
5.
The outdoor seating area shall be counted in the calculation of off-street
parking spaces at the rate of one space per 2.5 patron seats.
6.
Tables, chairs and other furniture must be strong, durable, waterproof,
weather-resistant and of sufficient mass as to not be easily blown
about. Umbrellas shall be designed with mechanisms to secure them
against the effects of wind and shall not display any advertising.
7.
The outdoor dining area shall be kept clean and free of garbage and
trash. No dumpster, enclosure or receptacle for the storage of garbage
shall be placed in or adjacent to the outdoor dining area. Hours of
operation of the outdoor dining area shall not be greater than the
hours of operation of the restaurant; provided, however, that if the
outdoor dining area is within 200 feet of a residential district,
the outdoor dining area shall not operate between the hours of 11:00
p.m. and 8:00 a.m.
[Ord. No. 1802-2017 § 3]
a.
Self-Storage facilities shall be permitted as a conditional use in
the M-1 Limited Manufacturing District only subject to the following
conditions:
1.
The minimum lot area shall be 250,000 square feet.
2.
The minimum lot frontage shall be 600 feet.
3.
All other requirements of Subsection 20-5.4 of the Township Code entitled "Schedule of Height, Area, Bulk and Other Requirements" shall be complied with except as otherwise set forth in item five below.
4.
No new self-storage facility shall be located within 2,000 feet of
an existing self-storage facility.
5.
A pre-existing structure to be utilized as a self-storage facility shall be permitted to have a minimum lot width percentage of 15% (as opposed to the 40% permitted by Subsection 20-5.4 of the Township Code entitled "Schedule of Height, Area, Bulk and Other Requirements") and a maximum building coverage of 40% (as opposed to the 30% permitted by Subsection 20-5.4 of the Township Code entitled "Schedule of Height, Area, Bulk and Other Requirements") provided that the footprint of the pre-existing structure is not being expanded in connection with the use of the structure as a self-storage facility.
6.
No outdoor storage shall be permitted.
7.
External access to individual storage units abutting a residential
zone district shall be prohibited and access to said units shall be
from interior corridors only.
8.
Operation of and access to the self-storage facility shall be limited
to the hours of 8:00 a.m. and 9:00 p.m.
9.
At least one staff member of the self-storage facility must be present
during all hours of operation and access noted in item eight above.
10.
The facility must contain an access control system covering
the entirety of the building(s) that can monitor and log the identity
of each lessee of the facility, the time and date of entry and exit
of each lessee, and take a digital photograph thereof at the time
of entry and exit.
11.
All units shall be rented in person only and may not be rented
on-line or by mail.
12.
A photograph of each lessee shall be taken at the time of initial
rental and retained electronically by the facility.
13.
The lessee shall provide a list of all authorized entrants to
the rental unit and a photograph of each individual shall be taken
and retained electronically by the facility.
14.
All common areas of the facility, including but not limited
to all areas of access to each unit, shall be monitored by motion-sensored
cameras that alert the management office upon detection of motion
and maintain video recordings thereof.
15.
No self-storage facility, unit, or portion thereof, shall be
utilized for residential or dwelling purposes or for the storage of
private safes, weapons, hazardous waste, hazardous substances or illegal
substances of any kind.
16.
The storage of private safes, weapons, hazardous waste, hazardous
substances or illegal substances of any kind are prohibited in the
units or elsewhere in the facility and the facility shall expressly
advise its lessees thereof via its marketing efforts, contractual
agreement and other written postings and notifications.
17.
For purposes of Paragraphs 15 and 16 above, the terms "hazardous
waste" and "hazardous substances" shall refer to any such definition
thereof within the applicable laws of the State of New Jersey.
18.
The facility and the owner of the property on which it is constructed,
if different, agree, to the extent permitted by law, to grant the
West Caldwell Police Department the unfettered right of entry into
all common areas of the facility to conduct such searches and investigations,
including, but not limited to, the use of K-9 patrols or other means
of technology, to determine the presence of any illegal activity without
any showing of probable cause. Facility managers, upon reasonable
notice, agree to allow the use of the facility to the West Caldwell
Police Department for K-9 training purposes. The facility shall expressly
advise its lessees via its marketing efforts, contractual agreement
and other written postings and notifications of the language of this
subsection.
19.
The facility shall be designed and constructed of durable materials
and design concepts that address and are compatible with contemporary
community standards, which shall include substantial landscape and
hardscape elements to minimize the identity of the building as a self-storage
facility. The use of chain link fencing within the front yard setback
limit line, for security or other purposes, shall be prohibited.
[Added 7-9-2019 by Ord. No. 1820-2019]
a.
Veterinary
or animal hospital facilities shall be permitted as a conditional
use in the B-2 Planned Shopping Center District, subject to compliance
with the following conditions:
1.
All
such facilities shall only be located in a building or portion of
a building that faces into the central area of the shopping center,
with a rear wall with no windows or external openings other than a
service door.
2.
No
activity of any kind related to the operation of this facility may
be conducted outside of the building.
3.
The
provision of kennel or boarding services shall be limited to short-term
boarding of only those animals concurrently being provided medical
or surgical treatment in said facility, and shall be limited to a
time not to exceed that medically necessary to observe and/or monitor
the satisfactory recovery of animals provided with such treatment.
A certification of compliance, prepared by a licensed veterinarian,
shall be provided to the Township of West Caldwell Health Officer
and/or Zoning Officer if so required.
4.
No
noise that is related to the activities within any veterinary or animal
hospital shall be discernible at any time from any point outside of
the building where such activities are conducted, nor in any other
area of the portions of adjoining spaces within said building, occupied
by others, that are a part of the said shopping center. The applicant
shall provide expert testimony from a licensed professional engineer
or architect, experienced in acoustical design, certifying that the
proposed construction will comply with this provision. Once said facility
is in full operation, the applicant shall retain such an expert to
conduct on site testing to confirm compliance with this condition.
5.
No
odors that are related to the activities within any veterinary or
animal hospital shall be discernible from any point outside of the
building where such activities are conducted.
6.
A licensed
veterinarian shall be on duty during all hours that said facility
is open to the public.
7.
The
facility shall be equipped with remote visual and sound monitoring
equipment and said equipment shall be monitored by a responsible party
who is associated with the operation of said facility at all times
when the facility is closed with no veterinarian in attendance. Access
to said equipment shall be provided to the West Caldwell Health Department
and West Caldwell Police Department, who shall be indemnified by the
facility owners and/or operators relating to any responsibility for
conditions that they may hear or observe.
8.
Disposal
of any and all medical wastes shall comply with the requirements of
the Township of West Caldwell Board of Health and all applicable laws
and regulations of the State of New Jersey.
9.
All veterinary or animal hospitals, in addition to the approvals required under Chapter 20 of the Code of the Township of West Caldwell, and the requirements of the Construction Official of the Township of West Caldwell, shall obtain a license for operation from the West Caldwell Board of Health, if so required by said Board.
10.
Should
enforcement action of the municipality be required to compel compliance
with these provisions, upon a determination of the validity of said
violation, the owners and/or operators of said facility shall be responsible
to reimburse the Township for all reasonable costs associated with
compelling such compliance.
[Added 6-15-2021 by Ord. No. 1844-2021]
a.
Mixed-use inclusionary development may contain ground floor retail
sale, display or rental of commodities or services, office and professional
uses, restaurants, parking, residential lobbies, and/or residential
tenant amenities. Mixed-use inclusionary development may contain multi-family
residential units on the upper floors.
b.
Mixed-use inclusionary development may have the following permitted
accessory uses:
1.
First floor parking incorporated into the building design and off-street
parking areas.
2.
Resident amenities including, but not limited to, clubrooms, lounges,
game rooms, mail rooms, leasing office, and similar interior common
resident amenities incorporated into a larger building design. These
accessory uses shall not be in stand-alone structures.
4.
Signs.
5.
Trash enclosures.
6.
Public and private utilities.
c.
Mixed-use inclusionary development shall be subject to the following
conditions:
1.
Parcels shall have direct frontage on Bloomfield Avenue or Passaic
Avenue.
2.
Parcels shall have a minimum lot size of four acres.
3.
The maximum density shall be 20 units to the acre.
4.
The maximum building height shall be four stories and 45 feet.
5.
Twenty percent of all units shall be set aside for low- (including
very-low-) and moderate-income households, regardless of tenure.
d.
Mixed-use development shall be subject to the following requirements,
however, any deviations from the below shall be treated as a "C" bulk
variance:
1.
Minimum lot width - 200 feet.
2.
Minimum front yard setback - 40 feet.
3.
Minimum side yard setback, each - 20 feet.
4.
Minimum rear yard setback - 30 feet.
5.
Maximum building coverage - 60%.
6.
Maximum lot coverage - 90%.
7.
Affordable Housing Requirements.
(a)
Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Chapter 23, Affordable Housing.
(b)
The development, unit distribution, and marketing of all affordable units shall be undertaken consistent with Chapter 23, Affordable Housing, and all other applicable law, rules, and regulations, including applicable COAH regulations, the Fair Housing Act, and its requirement that at least 13% of all affordable units associated with this project be made affordable to very-low income households.
(c)
The developer shall be responsible for all costs associated
with the initial rental of the affordable units, and for the continuing
administration of the affordable units and the preservation of the
creditworthiness of the units.
8.
Buffer. A buffer shall be provided along any adjacent property containing
a single-family detached home. Said buffer shall consist of either
a solid six-foot-tall fence or a five-foot-wide evergreen buffer that
is six feet tall.
9.
Parking Requirements.
(a)
Parking shall be provided in accordance with Residential Site
Improvement Standards for the multi-family residential units.
(b)
For all other uses, parking shall be provided at the rate of
one space for each 250 square feet of floor area.
(c)
Spaces shall measure nine feet wide by 18 feet long.
(d)
Up to 10% of the parking spaces may be compact parking spaces.
10.
Architecture.
(a)
Buildings shall avoid long, monotonous, uninterrupted walls
or roof planes. Building wall offsets, including projections such
as canopies and recesses, shall be used in order to add architectural
interest and variety and to relieve the visual effect of a simple,
long wall. Similarly, in the case of a pitched roof, roofline offsets,
dormers or gables shall be provided in order to provide architectural
interest and variety to the massing of a building and to relieve the
effect of a single, long roof.
(b)
The maximum spacing between building wall offsets shall be 75
feet.
(c)
The minimum projection or depth of any individual vertical offset
shall be one foot.
(d)
The maximum spacing between roof offsets shall be 75 feet.
(e)
The architectural treatment of the front facade shall be continued
in its major features around all visibly exposed sides of a building.
All sides of a building facing a public street shall be architecturally
designed to be consistent with regard to style, materials, colors,
and details.
(f)
Fenestration shall be architecturally compatible with the style,
materials, colors, and details of the building. Windows shall be vertically
proportioned.
(g)
All entrances to a building shall be defined and articulated
by architectural elements such as lintels, pediments, pilasters, columns,
porticoes, porches, overhangs, railings, etc.
(h)
Heating, ventilating and air-conditioning systems, utility meters
and regulators, exhaust pipes and stacks, satellite dishes and other
telecommunications receiving devices shall be screened or otherwise
specially treated to be, as much as possible, inconspicuous as viewed
from the public right-of-way and adjacent properties.
(i)
All rooftop mechanical equipment, inclusive of solar equipment,
shall be screened from view from all vantage points at grade or below
the roof.
(j)
Placement of any packaged terminal air-conditioner units within
the facade is prohibited.
11.
Landscaping.
(a)
Street trees shall be provided on average every 50 feet. Street
trees shall have a caliper of three inches at installation.
(b)
Parking areas containing a row of parking stalls running in
a straight line for more than 20 spaces shall provide a landscaped
island between every 20 spaces. Said island shall be no less than
162 square feet and landscaped with at least one shade tree and low
ground cover. Said shade tree shall have a caliper of three inches
at installation.
(c)
Parking spaces within 25 feet of an adjacent residential property
line shall be screened with a six-foot-tall fence or evergreen trees
of at least four feet in height to shield vehicular headlights.
(d)
Sixty percent of the perimeter of the building shall be surrounded
by a landscaped, planted strip at least three feet in width. Walkways
leading to pedestrian entrances and driveways may cross this landscape
strip.
12.
Lighting.
(a)
Pedestrian walkways shall be illuminated with a minimum average
of 0.5 footcandle.
(b)
Parking areas shall be illuminated with a minimum average of
1.0 footcandle.
(c)
Illumination shall not exceed 0.5 footcandle at the property
line. However, this regulation shall not apply to entrance and/or
exit driveways.
13.
Trash. All trash/recycling storage areas shall be enclosed on
all four sides and screened. Trash may be stored inside the building.
14.
Signs.
(b)
Each non-residential tenant may have one wall sign, which complies with the requirements of Subsection 20-24.4k paragraphs 1 through 3. Said signs may be internally or externally illuminated.
(c)
One identification sign shall be permitted per parcel, which
shall be free-standing, and no more than 20 square feet in size. Said
sign may be internally or externally illuminated and shall be set
back at least 10 feet from any property line.
[Ord. No. 890 § 20-18.1; Ord. No. 937; Ord. No.
1206 § 3; Ord. No. 1419 § 22; Ord. No. 1464 § 8; Ord. No. 1580 § XVII]
Pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-5),
any valid nonconforming use or structure may be continued but shall
not be extended, enlarged, reconstructed or altered, except as follows:
a.
In the case of a nonconforming use, no such use nor the structure
occupied by the same shall be extended or enlarged, nor shall such
structure be reconstructed or altered to an extent exceeding 50% of
the current market replacement value of such structure, unless said
use is changed to a conforming use and provided that no new nonconformities
shall be otherwise created.
b.
In the case of a nonconforming structure or a conforming structure
located on a nonconforming lot, such structure and the use occupying
the same may be extended or enlarged, and such structure may be reconstructed
or altered, provided (1) that no existing nonconformities shall be
extended or enlarged; (2) that no new nonconformities shall be otherwise
created; and (3) that the use occupying such structure or lot shall
be a conforming use. For the purposes of this subsection, the enclosure
of an open porch, balcony, deck or similar building appurtenance shall
be deemed an enlargement of such building. Further, for the purposes
of this subsection, any horizontal or vertical extension of a structure
along an existing nonconforming setback line shall be deemed an enlargement
of an existing nonconformity.
c.
Notwithstanding the foregoing, on single-family residential properties located in the R-4 zone district or in any nonresidential zone district only, an existing principal building with front and/or rear yard setback lines that are less than the minimum required setback distances for the zone district (notwithstanding Subsection 20-5.4c3), may be vertically and/or horizontally extended, subject to the following conditions: (1) that such front and/or rear setback lines are at least 75% of the required minimum setbacks, provided no front or rear yard setback line shall be reduced to less than 30 feet; (2) that the height of any new addition located within a front yard setback that is less than the required minimum front yard setback for the zone district shall be reduced by 1/2 foot for each one foot setback deficiency; (3) the height of any new addition located within a rear yard setback that is less than the required minimum rear yard setback distance for the zone district shall be reduced 1/4 foot for every foot of reduction of the required rear yard setback (4) if both the front and rear yard setbacks are less than the required minimum for the zone district, the height reduction shall be the greater of the two, but shall not be the total of the two; (5) that there shall be no vertical or horizontal extension of any nonconforming side setback lines; and (6) that no new nonconformities shall otherwise be created.
d.
No nonconforming use or structure shall be extended at the expense
of a conforming use or structure.
[Ord. No. 890 § 20-18.2; Ord. No. 937]
A nonconforming use or structure changed to a conforming use
or structure may not thereafter be changed back to a nonconforming
use or structure. Where a nonconforming condition has been minimized
or reduced, it shall not thereafter be changed back to its original
nonconforming condition nor otherwise extended or enlarged. A nonconforming
use or structure shall not be changed to another nonconforming use
or structure.
[Ord. No. 890 § 20-18.3; Ord. No. 937]
The cessation of operation of any nonconforming use for a period
of 12 or more consecutive months shall be presumed to be an abandonment
of the nonconforming use, absent a substantive showing of continuous
intention to the contrary. Any subsequent exercise of such abandoned
nonconforming use shall be deemed a violation of the terms of this
chapter.
[Ord. No. 890 § 20-18.4; Ord. No. 937]
Nothing in this chapter shall require any change in plans, construction
or designated use of a structure for which a construction permit has
been heretofore issued and construction diligently pursued within
six months of the date of the permit.
[Ord. No. 890 § 20-18.5; Ord. No. 937; amended 4-18-2023 by Ord. No. 1869-2023]
a.
Nothing in this chapter shall prevent the restoration of a nonconforming structure partially destroyed by fire, explosion, act of God or act of public enemy, to an extent not exceeding 50% of its current market replacement value at the time of the casualty, or prevent the continuance of the use of such structure or part thereof as such use existed at the time of destruction of the structure or part thereof or prevent a change of the existing use under the limitations provided in this section. However, any structure destroyed in the manner aforesaid to an extent exceeding 50% of its current market replacement value at the time of destruction may be reconstructed and used only in conformity with all the provisions of this chapter, except that a nonconforming structure may be reconstructed utilizing the existing building foundation and footprint where the nonconforming front, side and rear building setbacks are at least 75% of the required minimum setbacks for the zone district and otherwise comply with the requirements of Subsection 20-18.1c.
b.
Nothing
contained herein shall prevent the restoration of a wall, or other
structural component declared unsafe by the Construction Official.
Such emergency repairs are not subject to the 50% market value requirement
in paragraph a above.
[Ord. No. 937]
Nothing in this chapter shall be interpreted as authorization
for use or approval of the continuance of an unlawful use of a structure
or premises in violation of zoning regulations in effect prior to
the effective date of this chapter.
[Ord. No. 937]
The foregoing provisions of this section shall also apply to
buildings, structures, land or uses which hereafter become nonconforming
due to any reclassification of zone districts under this chapter,
or any subsequent change in the regulations of this chapter.
[Ord. No. 890 § 20-19.1; Ord. No. 1206 § 4; Ord. No. 1419 § 23; Ord.
No. 1797-2017 § 7]
a.
Accessory buildings, structures and uses shall be limited to those
specifically permitted within the applicable zone district, as designated
elsewhere herein, and such buildings, structures and uses shall conform
with all applicable regulations and standards herein.
b.
All questions, appeals and interpretations relating to accessory
uses and standards conducted or proposed to be conducted on properties
involving single-family detached dwellings shall be heard and resolved
by the Board of Adjustment. All questions, appeals and interpretations
relating to accessory uses and standards conducted or proposed to
be conducted on all other properties shall be heard and resolved by
the Planning Board.
c.
No accessory building or structure shall be built and no accessory
use shall be permitted on any lot on which there is no principal building
or structure or use.
d.
No accessory building or structure shall exceed 13 feet in height,
unless otherwise provided elsewhere herein.
e.
Detached accessory buildings and structures (1) shall be permitted in the rear yard only, unless otherwise permitted elsewhere herein, (2) shall not occupy more than 30% of the area of the yard in any residence zone district, or as may be further limited pursuant to Subsection h of this subsection and (3) shall be located at least 10 feet from the principal building, except that this requirement shall not apply to decks, patios, walkways or similar structures which are attached to or abut the principal building, notwithstanding the provisions of § 18A-5 of the Land Use Procedures Ordinance. In addition, an accessory building shall be located at least six feet from any other accessory building on the same lot. Notwithstanding the provisions of this subsection, air-conditioning condensers and standby electric generators may be located closer than 10 feet from the principal building, but no closer than the manufacturer's recommendations or any applicable Construction and/or Fire Code requirements.
[Ord. No. 1797-2017 § 7]
f.
No detached accessory building or structure in any residence zone
district shall be located closer to any property line than 50% of
the actual or required side yard setback to the principal building,
whichever is greater, nor, in any nonresidence zone district, closer
than 100% of said setback, unless otherwise provided elsewhere herein.
g.
Accessory buildings and structures on corner lots may not be erected
nearer to the street than the front yard setback required on the adjacent
lot, unless otherwise provided elsewhere herein.
h.
(Reserved)
[Ord. No. 1797-2017 § 7]
i.
Nothing in this subsection shall be deemed to prohibit or restrict
the location of detached accessory structures of a minor and passive
nature which are not normally or customarily so restricted, including,
but not limited to, lighting fixtures, lawn furniture, mail boxes,
planters, sign posts and similar structures, or accessory structures
required for public utility purposes or as may be otherwise required
by law. Such structures shall, however, be subject to any regulation
or restriction herein specifically related thereto.
j.
No accessory building or structure shall be used for residential
dwelling purposes.
k.
Notwithstanding the provisions of this section, in the M-1 and M-2
Zone Districts, outdoor ground-mounted ancillary mechanical equipment
which is determined by the Township agency to have a direct physical
connection to the principal building and also is necessary for the
processes conducted within the principal building shall be subject
to the height and setback requirements of the principal building.
Said ancillary mechanical equipment may be closer than 10 feet to
the building unless prohibited by any applicable Construction and/or
Fire Code requirements, and shall be located in rear yards only. The
appropriate Township agency may require fencing and/or screening of
said ancillary mechanical equipment.
[Ord. No. 1797-2017 § 7]
[Ord. No. 890 § 20-19.2]
Private garages shall be permitted in conformity with the provisions of § 20-23.
[Ord. No. 890 § 20-19.3; Ord. No. 1106 § 1; Ord. No. 1206 § 5; Ord.
No. 1419 § 24; Ord. No.
1464 § 9]
Storage sheds shall be subject to the following provisions:
a.
In any zone district, storage sheds shall be permitted in the rear yard only and shall be subject to all of the height, setback, location and separation regulations applicable to accessory buildings, pursuant to the provisions of Subsection 20-19.1, except that the six foot minimum distance requirement between accessory buildings shall not be applicable between storage sheds and the ten-foot minimum distance requirement from the principal building shall not be applicable to storage sheds.
b.
Notwithstanding the provisions of Subsection a of this subsection, in any zone district no more than one storage shed shall be permitted in the rear yard only on any property, and the floor area of such shed shall not exceed 2% of the actual rear yard area. In no event, however, shall the floor area of such shed on any property exceed 200 square feet, nor shall such floor area be required to be less than 128 square feet.
[Ord. No. 890 § 20-19.4; Ord. No. 1206 § 6; amended 5-18-2021 by Ord. No. 1837]
a.
One or more plastic, canvas or rubber above-ground private residential swimming pools having less than 600 gallon capacity shall be permitted in the rear yard only and shall be subject to all of the setback regulations applicable to accessory structures, pursuant to the provisions of Subsection 20-19.1.
b.
One private residential swimming pool having a capacity of 600 gallons
or more, whether below or above ground, shall be permitted in accordance
with the following provisions:
1.
Such pool shall be located in the rear yard only, and such pool, including associated decks, patios, bathhouses and other directly related accessory structures, shall not occupy more than 60% of the yard, or as may be further limited pursuant to Subsection 20-19.1h.
2.
Such pool shall have adequate filtering, circulation, clarification and chlorination, all subject to the approval of the Township Health Officer. Such equipment shall be located in accordance with Subsection 20-21.11.
3.
Such pool shall be completely surrounded by a fence or wall not less
than four feet in height, which fence or wall shall be so constructed
as to deter access to the pool area. A principal building or accessory
building may be used as part of such enclosure. All gates or door
openings through such enclosure shall be equipped with a self-closing
and self-latching device to insure that the gate or door is securely
closed at all times when the pool is not in actual use or is not attended,
except that the door of any building which forms a part of the enclosure
need not be so equipped.
4.
Such pool, including associated decks, patios, bathhouses and other
directly related accessory structures, shall not be erected closer
to any property line than the side yard setback required for the principal
building.
5.
Such pool shall not be erected closer than 15 feet to the principal building, except that this requirement shall not apply to decks, patios, walkways or similar structures which are attached to or abut the principal building, notwithstanding the provisions of § 18A-5 of the Land Use Procedures Ordinance.
6.
Pursuant to Subsection 20-21.4, in no event shall such pool be erected closer than 15 feet to any portion of a deck, patio, walkway or similar structure which has a floor elevation more than 12 inches above the normal water level of such pool, unless such deck or similar structure is enclosed by railings and/or fencing as required pursuant to the New Jersey Uniform Construction Code. In such event, the aforesaid fifteen-foot separation requirement shall not apply.
7.
Lighting used to illuminate such pool shall be arranged and shaded
so that the direct rays of all light sources shall not be visible
beyond any property line of the premises on which such pool is located,
and such lighting shall be extinguished by 10:00 p.m.
8.
Prior to commencement of construction, a construction permit shall
be obtained from the Township Construction Official.
[Ord. No. 890 § 20-19.5; Ord. No. 1206 § 7; Ord. No. 1419 § 25; Ord.
No. 1488 § 6; Ord. No.
1538 § 4; Ord. No. 1797-2017 § 7]
Decks and patios, as defined under § 18A-5, shall be permitted only in residence districts and only in such yards as are herein specified. Decks and patios shall be subject to the following provisions:
a.
Decks attached to or abutting a principal building shall be permitted in rear yards and/or in the rear half of side yards only. For the purposes of this subsection, in cases where all or any portion of a deck is located above any portion of the principal building, the aforesaid yard restrictions shall be applied as if such building portion did not exist beneath such deck. Patios attached to or abutting a principal building shall be permitted in rear yards only. Such decks and patios shall conform with all setback requirements applicable to the principal building, pursuant to § 18A-5 of the Land Use Procedures Ordinance, except as provided in Subsection b of this subsection. Nothing in this subsection shall be construed to apply to or limit the construction of normal and customary residential porches, verandas, porticos or similar roofed structures.
b.
In residence districts, where single family residential properties have conforming lot depths, decks or patios attached to or abutting a principal building may extend into required rear yards, provided such yards otherwise conform with the provisions of Subsection 20-5.4 and further provided that when any deck or patio extends into a rear yard;
c.
In residence districts, where single family residential properties have nonconforming lot depths, decks or patios attached to or abutting a principal building may extend into required rear yards in accordance with the provisions of Subsection 20-5.4c3. In no case shall any deck, patio, or appurtenance, attached to or abutting a principal structure, be erected or installed any closer than 30 feet from the rear property line.
d.
Decks which are detached from and do not abut the principal building shall be prohibited in any yard, except when associated with a permitted swimming pool in a rear yard, pursuant to the provisions of Subsection 20-19.4. Patios which are detached from and do not abut a principal building shall be permitted in the rear yard only and shall be subject to all coverage, setback and location regulations applicable to accessory structures, pursuant to the provisions of Subsection 20-19.1.
[Ord. No. 890 § 20-19.6]
Home occupations conducted solely by permanent residents of the household shall be permitted, provided that there shall be no change of any kind in the residential character or appearance of the dwelling or property, nor any perceptible indication immediately outside of the dwelling unit which would suggest the presence of any home occupation. Such occupation shall be one which is normally and customarily conducted within a residence and shall be clearly incidental and secondary to the principal use of the premises for residence purposes. Home occupations shall not include residential professional offices, said offices being conditional uses as defined and regulated pursuant to § 20-17.
[Ord. No. 890 § 20-19.7]
Parking for motor vehicles shall be permitted in conformity with the provisions of § 20-23.
[Ord. No. 890 § 20-19.8]
Signs shall be permitted in conformity with the provisions of § 20-24.
[Ord. No. 1419 § 26; Ord. No. 1745 § 6]
Any satellite dish antenna less than 40 inches in diameter or diagonal measurement shall be deemed a permitted accessory structure, which shall conform to the following provisions. Any such antenna of greater dimension shall be deemed a conditional accessory structure, which is regulated pursuant to the provisions of Subsection 20-17.21.
a.
Satellite dish antennas less than 40 inches in diameter or diagonal
measurement, as hereinabove provided, shall be permitted in any zone
district; shall be limited in quantity to that which is required to
receive the service desired; and shall be intended for the sole use
of occupants of the property on which it is located.
b.
Such antenna may be ground-mounted in the rear half of any side yard
or a rear yard only or may be mounted on the principal building. The
location of such an antenna shall be one which minimizes its visibility
from streets and adjacent properties and still provides an adequate
signal quality. No such antenna shall be mounted in any location which
would interfere with safe and efficient ingress or egress of any principal
or accessory building on the property.
c.
If ground-mounted, such antenna shall be set back from any rear or
side property line by an amount at least equal to the required side
yard setback to the principal building, and shall be adequately screened
from view from streets and from the ground level of adjoining properties.
The lowest portion of such antenna shall not be more than two feet
above the ground surface immediately surrounding the same and for
safety reasons, all wiring to or from the antenna shall be underground.
[Ord. No. 890 § 20-20.1; Ord. No. 937; Ord. No.
1171 § 1; Ord. No. 1419 §§ 27, 28; Ord. No. 1425 § 1; Ord. No. 1464 § 10; Ord. No. 1488 § 4; Ord. No. 1522 § 9; Ord. No. 1538 § 5; Ord.
No. 1745 § 7; Ord. No.
1797-2017 § 8; Ord. No.
1812-2018]
Any use not specifically permitted in a zone district established
by this chapter is specifically prohibited for that district, and
more particularly the following uses and activities and related or
similar uses and activities are prohibited on every and all properties
in the Township of West Caldwell:
a.
Used car lots, except when in connection with a permitted new car
business conducted on the same lot.
b.
Junk yards, automobile wrecking or disassembly yards, the sorting
or bailing of scrap metal, paper, rags or other scrap or waste material
and similar uses.
c.
Outdoor drive-in theaters and all outdoor amusements, including,
but not limited to, carousels, roller coasters, ferris wheels, pony
or train rides, midways, sideshows and similar outdoor commercial
recreation facilities.
d.
Motels, hotels, bed and breakfast facilities, inns, guest/rooming/boarding
houses, mobile homes, trailer parks, house trailers, tents, campgrounds
and similar establishments.
e.
Public dance halls, billiard halls, arcades, fortune telling establishments,
pinball or game rooms, except as permitted in the B-1 Special Business
District.
f.
Sale, rental, display, manufacture, distribution, processing or storage
of paraphernalia relating to controlled dangerous substances as defined
by N.J.S.A. 24:21-1, et seq. Also, the growth and sale of recreational
marijuana. However, this shall not apply to medicinal marijuana sold
pursuant to N.J.S.A. 24:61-1, et seq. and alternative treatment centers
operating in accordance with N.J.S.A. 24:61-1, et seq.
g.
Sale, rental, display, manufacture, distribution, processing or storage
of "obscene material" as defined by N.J.S.A. 2C:34-2, et seq., including,
but not limited to, adult book stores, businesses showing x-rated
motion pictures or live acts, sex clubs and other businesses dealing
primarily with indecent or obscene materials, acts or paraphernalia.
h.
Auction establishments, private meeting halls, kiosks of all types,
flea markets, tattoo parlors, massage parlors, methadone clinics,
public swimming pools as commercial businesses and outdoor coin-operated
vending machines, except newspaper vending machines in B-2 and B-3
Districts.
i.
Airports, heliports, and helispots and other facilities required
for landing or departure of airborne vehicles.
j.
Drive-in, drive-through or drive-up service or sales facilities whether or not part of an existing service or sales facility, with the exception of bank and pharmacy drive-up facilities, automobile laundries and, to the extent permitted pursuant to Subsection 20-17.26, fast-food restaurants.
[Ord. No. 1797-2017 § 8]
k.
Roadstands and establishments commonly called snack bars, and similar
businesses primarily engaged in the sale of food, soft drinks, ice
cream and similar consumables which are so prepared and served as
to be intended for immediate consumption outside the confines of the
building or structure in which such business is conducted or while
standing within such building or structure or while seated in parked
motor vehicles; except when such establishments are primarily engaged
in the sale of ice cream or similar desert type products, neither
cook nor reheat any food products, occupy no more than 1600 square
feet, have no indoor seating, conduct all transactions solely within
the confines of the building or structure in which they are located,
and are located within a shopping center with a minimum aggregate
floor area of 7,500 square feet which the Planning Board has determined
to constitute an integrated retail shopping area.
l.
Parking lots, other than as an accessory to a principal use.
m.
Public storage warehouses and yards, carting, hauling and trucking
depots and terminals, except consignment storage as permitted by and
limited to the provisions of Subsections 20.13.2a and 20-14.2a. Storage,
parking, servicing or repairing of garbage trucks or similar vehicles.
n.
Business establishments primarily involved in the sale, display,
manufacture, distribution, processing or storage of building materials,
including lumber, stone and brick yards, and other outdoor storage
yards, except as accessory to a permitted use.
o.
Storage of flammable, combustible or hazardous liquids, in above-ground
storage tanks, except that fuel oil tanks for supplying oil burning
heating equipment, provided the capacity of such tanks does not exceed
660 gallons for each building served, shall be permitted.
p.
Sale, rental, display, manufacture, distribution, processing or storage of firearms or other lethal weapons, explosives, radioactive materials or other hazardous substances, except as normally and customarily incidental to licensed health care uses or as permitted pursuant to Subsection 20-19.1b.
q.
Rolling, swinging, sliding, accordion or other movable or permanently
fixed security gates, doors, grates or similar structures, whether
solid or not, if the same are visible to the general public. Notwithstanding
the foregoing, rolling, swinging or sliding fence gates which control
ingress or egress to an approved fenced area shall be permitted.
r.
Flammable liquid bulk plants.
s.
Bulk storage of liquefied petroleum gas.
t.
Retail warehouses, stack storage facilities and other individual
retail business establishments having gross ground floor areas exceeding
100,000 square feet or which require more than 500 parking spaces
or more than 15 loading spaces.
u.
Commercial communications antennas, except as a conditional use in
M-2 Districts, and if mounted on an existing high-tension electric
tower, a conditional use in the M-1, M-2, B-3 and OS Districts.
v.
Establishments for the medical care, day care, boarding, treatment or breeding of cats, dogs or other animals, including kennels, and animal hospitals, farms and clinics, except veterinary or animal hospitals, as permitted by and limited to such facilities in compliance with the provisions of Subsection 20-11.3b and Subsection 20-17.28.
[Amended 7-9-2019 by Ord. No. 1820-2019]
w.
Commercial incineration and refuse transfer stations. Slaughterhouses,
including incineration, reduction, storage or dumping of slaughterhouse
refuse, rancid fats, dead animals or offal, except by the municipality
or its agents.
x.
Sandpits, mining operations, quarrying activities and other extractive
processes and the commercial stripping of topsoil.
y.
All cannabis
establishments or cannabis distributors or cannabis delivery services
as said terms are defined in Section 3 of P.L. 2021, c. 16, but not
the delivery of cannabis items and related supplies by a New Jersey
licensed cannabis delivery service having its license premises based
at a location outside the geographic boundaries of the Township of
West Caldwell, and which the delivery of such cannabis items and related
supplies is initiated from such licensed location.
[Added 8-17-2021 by Ord. No. 1849-2021]
1.
The establishment or operation of a cannabis establishment, cannabis distributor, or cannabis delivery service in the Township of West Caldwell constitutes a violation of this Chapter, subject to the fine and penalties subject herein. Violations of this Chapter shall be punishable in accordance with Section 1-5 of the Township of West Caldwell Municipal Code.
[Ord. No. 890 § 20-20.2; Ord. No. 1488 § 7]
Within any flood hazard area, no building, structure or other development used, or designed or intended to be used, for residential purposes, including required yards related thereto, shall be permitted, and no premises shall be converted for such purposes. For the purposes of this chapter, "flood hazard area" shall mean and include (a) lands within any floodplain, wetlands or wetlands transition area, as such areas are designated by the New Jersey Department of Environmental Protection and/or (b) lands within any flood hazard areas, as defined in § 21-2 of Chapter 21 of the Revised General Ordinances of the Township, whichever method, or combination thereof, shall delineate the greatest total land area in any particular case. The aforesaid restrictions shall also apply to any conditional uses, or structures related thereto, which are prohibited within flood hazard areas.
[Ord. No. 890 § 20-21.1]
a.
All developments on properties in nonresidence zone districts which
abut, or are partially located within, a residence zone district shall
provide, establish and cause to be maintained on such property:
2.
Dense plantings throughout the buffer area of trees, evergreens and
shrubbery; and/or landscaped earthen berms of such width and height
as may be deemed necessary by the Township agency. The buffer area,
if wooded, shall remain wooded; and
3.
A fence, if deemed necessary by the Township agency, which may be
chain link with redwood or similar wood slats or other approved material,
six feet in height along the property line.
b.
A buffer area, as required herein, shall be considered a part of
the yard or yards in which located, except as otherwise provided herein.
No land use whatsoever, and particularly no parking of vehicles or
storage of materials of any kind, nature or description, shall be
permitted within any buffer area.
c.
Where a development on a property in any non-residence zone district
abuts a street across from a residence zone district, or abuts residence
properties within the same zone district, the Township agency may,
at its option, require a buffer area as herein specified. In such
event, the Township agency may permit such drives, walks and signs
within such buffer area as it deems necessary to provide vehicular
and pedestrian access to the development.
[Ord. No. 890 § 20-21.2]
All portions of front, rear and side yards in all nonresidence
zone districts which are not used for required driveways, sidewalks,
parking or loading areas, accessory structures or recreational areas
shall be planted and maintained with trees, shrubs, plants and lawns
or ground cover as required by the Township agency to ensure the attractiveness
of the premises and the protection of the soil thereon.
[Ord. No. 890 § 20-21.3]
No dwellings of substantially identical basic architectural
design or appearance shall be erected on any lot within a distance
of four lots therefrom on the same street frontage. Such dwellings
shall be considered to be identical in design or appearance if there
are any one or more of the following:
a.
The same basic dimensions and floor plans are used without substantial
differentiation of one or more exterior elevations, or without substantial
change in orientation or location of the house on the property; or
b.
The height and design of the roofs are without substantial change
in design or appearance; or
c.
The appearance and arrangement of the windows and other openings
in the front elevation, including the appearance of any porch or garage,
are not substantially different from adjoining dwellings.
[Ord. No. 890 § 20-21.4; Ord. No. 1488 § 8]
No construction permit, certificate of occupancy, zoning permit
or Township agency approval shall be granted or issued for a building,
structure or use if the design or construction involves or is likely
to involve exceptional risks of traffic congestion, public safety
or hazard.
[Ord. No. 890 § 20-21.5; Ord. No. 1464 § 11]
If the design, location, orientation or construction of any
building, structure or use is so markedly incongruous with the character
of the neighborhood as to materially affect the value of adjacent
or nearby properties, the Construction Official or Zoning Officer,
as applicable, shall deny a permit and refer the applicant to the
Board of Adjustment on properties involving single-family detached
dwellings or to the Planning Board, on all other properties, and such
Township agency shall act thereon after an inspection of the locale,
examination of the plans, and a hearing.
[Ord. No. 890 § 20-21.6; Ord. No. 1488 § 9]
b.
Before issuing a certificate of occupancy or a construction permit
or a zoning permit for any premises intended for a permitted combination
of dwelling and commercial occupancy, or which would result in an
increased number of dwelling units within a building partly occupied
by business, or which would result in an increased area devoted to
a business within a building partially occupied as a dwelling, the
Township Code Enforcement Agency shall refer the plans to the Bureau
of Fire Prevention and the Board of Health and request their respective
reports as to any hazards that exist or may be expected to exist.
Their recommendations as to desirable additional provisions or changes
in the interest of safety shall be complied with before the certificate
of occupancy or construction permit or zoning permit shall issue.
[Ord. No. 890 § 20-21.7; Ord. No. 937; Ord. No.
1488 § 10]
Unless specifically permitted elsewhere herein, a lot used for
any purpose shall contain only one type or class of principal use
and only one principal structure. Every principal structure shall
be built upon a lot with lot frontage upon a street.
[Ord. No. 890 § 20-21.8; Ord. No. 937; Ord. No.
1419 § 29; Ord. No. 1729 § 4]
Corner lots shall conform with the following provisions:
a.
The greater street frontage shall determine the direction of the lot depth and the lesser street frontage shall determine the direction of the lot width, both measured in accordance with the provisions of § 18A-5 of the Land Use Procedures Ordinance of the Township of West Caldwell.
b.
Such lots shall have one front yard along each street frontage; one
rear yard opposite the lesser street frontage; and one side yard opposite
the greater street frontage.
c.
All yards shall conform with minimum setback requirements for the
applicable zone district, except that such requirements shall be reduced
by 25% for the front yard along the greater street frontage, provided
such frontage is part of a block width or total street length less
than 300 feet.
d.
No fence, structure or plant over 30 inches in height shall be erected
or maintained that will or could obstruct traffic visibility. The
minimum clear corner area of the property shall be a triangle, two
sides of which shall be coincident with the street right-of-way lines,
with each such side having a length of 25 feet measured from the point
of intersection of said lines, or such other shape as may be determined
by the Township agency to be an appropriate geometric design. Shade
trees trimmed to a height at least 10 feet above the street pavement
shall be permitted within said clear corner area.
f.
The unimproved Eisenhower Parkway right-of-way shall not be considered
a street frontage for any abutting lot. The right-of-way line shall
be treated as a lot line and appropriate side or rear setback requirements
for the particular zone shall be applicable to the lot.
[Ord. No. 890 § 20-21.9]
a.
No yard or other space provided about any structure for the purpose
of complying with the provisions of this chapter shall be considered
as providing a yard or open space for any other structure, and no
yard or other open space on a lot shall be considered as providing
a yard or open space for a structure on any other lot.
b.
In cases of properties having unusual shapes or having unusual locations
or orientations of structures, the Board of Adjustment shall, with
respect to all properties involving single-family detached dwellings,
and the Planning Board shall, with respect to all other properties,
determine and specify the delineation of yards and other bulk measurements
which shall thereafter pertain to such properties.
[Ord. No. 890 § 20-21.10]
No building or structure (except docks, piers, boathouses or
similar structures related to water activities) shall be constructed,
placed, erected or extended nearer than 20 feet from the bank or edge
of a pond, river, brook, stream or natural watercourse.
[Ord. No. 890 § 20-21.11; Ord. No. 937; amended 5-18-2021 by Ord. No. 1837-2021]
On lots containing single-family or two-family dwellings, outdoor
ground-mounted equipment, including air-conditioning equipment, generators,
and swimming pool heaters, filters, pumps, and other similar mechanical
equipment, shall comply with the following provisions:
a.
Purpose. In order to maintain a desirable visual environment along
public streets, outdoor ground-mounted equipment shall be located
in an inconspicuous manner. To the greatest extent possible, such
equipment shall be located in the rear yard or rear half of the side
yard so as to not be prominently visible from the public right-of-way.
b.
In cases where the configuration of lawfully existing structures
on the property presents a practical difficulty to locating such equipment
in the rear yard or rear half of the side yard, the Township Zoning
Official and Construction Official may allow such equipment to be
located in an alternative location in the front half of the side yard.
No such equipment shall be located in the front yard.
c.
On corner lots where the configuration of lawfully existing structures
on the property presents a practical difficulty to locating such equipment
in the rear yard or rear half of the side yard, the Township Zoning
Official and Construction Official may allow such equipment to be
located in an alternative location in the front half of the side yard
or in the front yard not containing the front entrance.
d.
All ground-mounted equipment shall be adequately screened from public view with a fence and/or landscaping, pursuant to Subsection 20-21.12.
e.
No outdoor, ground-mounted air conditioning equipment in any residence
zone district shall be located closer to any property line than 50%
of the actual or required side yard setback to the principal building,
whichever is greater, and in no case shall any such equipment be located
less than five feet from a property line.
f.
No generator or swimming pool heaters, filters, pumps, and other
similar mechanical equipment in any residence zone district shall
be located closer to any property line than the required side yard
setback to the principal building.
[Ord. No. 890 § 20-21.12; Ord. No. 937]
In all non-residence zone districts, permitted outdoor uses, structures and other appurtenances, including, but not limited to, roof and ground-mounted equipment, parking and loading areas, garbage and trash receptacles and outdoor storage areas, shall be located within enclosures or structures and/or shall be otherwise adequately screened from public view from adjacent properties and streets, as determined by the Township agency, excepting such exemptions as may be permitted pursuant to Subsection 20-22.9.
[Ord. No. 890 § 20-21.13]
Where a nonconforming garage has been deemed hazardous or unsafe
by the Construction Official and has been subsequently removed, such
garage need not thereafter be replaced if the Zoning Officer determines
that:
a.
It is impractical to construct a replacement garage which conforms
with the size, location, setback and yard requirements; and
b.
There exists on the property adequate, off-street paved parking areas,
including driveways, which are suitable to accommodate the parking
of at least two motor vehicles.
The grounds upon which such garage had been located shall be
cleared and paved or landscaped in conformity with the surrounding
environment to ensure the attractiveness of the premises and the protection
of the soil thereon.
[Ord. No. 890 § 20-21.14; Ord. No. 1419 § 30; Ord. No. 1425 § 2; Ord.
No. 1488 § 11; amended 4-18-2023 by Ord. No. 1869-2023]
a.
Fences having a finished side and an unfinished side shall be oriented
so that the finished side faces the closest property line. In all
zone districts, multi-colored fences and barbed-wire fences shall
be prohibited unless approved for security purposes by the Police
Department.
b.
In all zone districts, fences or walls or combinations thereof enclosing
or within front yards shall be permitted, provided the same shall
not exceed four feet in height and further provided that such fences
exceeding 2 1/2 feet in height shall not be more than 50% solid.
Fences or walls or combinations thereof enclosing or within side and/or
rear yards shall be permitted, provided the same shall not exceed
six feet in height in residence zone districts or eight feet in height
in all other zone districts; and, in either case, may be more than
50% solid. Height restrictions contained herein shall be measured
from unmodified grade elevation and shall be applicable to retaining
walls and to combinations of fences and retaining walls when viewed
from either side thereof, except that, for safety purposes, no fence
mounted on top of a retaining wall shall be required to be less than
four feet in height.
c.
Notwithstanding the foregoing, where necessary to provide rear yard
privacy and/or security on residential corner lots having a side property
line abutting the right-of-way of a county road, fences or walls or
combinations thereof located in an applicable front yard shall be
permitted to be up to five feet in height if set back at least 10
feet from such right-of-way and shall be permitted to be up to six
feet in height if set back at least 20 feet from such right-of-way;
and, in either case, may be more than 50% solid.
d.
In no event shall any fence or wall or combination thereof be erected or maintained on any corner lot so as to obstruct traffic visibility, particularly as set forth in Subsection 20-21.8d or, if applicable, as required by the County of Essex.
e.
Fences are permitted to be installed on the property line, provided
that no part of the fence may encroach onto a neighboring property
and no fence shall be erected within 5 feet of a legally existing
principal structure on a neighboring property.
[Added 4-18-2023 by Ord. No. 1869-2023]
[Ord. No. 937 § 20-21.15]
Development within any airport hazard area, delineated under
the "Air Safety and Hazardous Zoning Act of 1983," P.L. 1983, c. 260
(c. 6:1-80 et seq.), shall conform with standards promulgated by the
Commissioner of Transportation.
[Ord. No. 1797-2017 § 9]
a.
A portable on-demand storage structure may be utilized as a temporary
accessory structure within the Township when in compliance with the
standards of this section. Any use of such structures within the Township
not in compliance with this subsection shall be unlawful and subject
to fines and penalties as permitted under this Code.
b.
The term "portable on-demand storage structures" shall be defined
to be: any container, storage unit, shed-like container or other portable
structure that can or is used for the storage of personal property
of any kind and which is located for such purposes outside an enclosed
building other than an accessory building or shed complying with all
building codes and land use requirements. A portable on-demand storage
structure cannot exceed eight by eight by 16 feet.
c.
Use of a portable on-demand storage structure shall only be permitted
where a temporary zoning permit has been issued by the Zoning Officer.
1.
Applications for zoning permit for the use of a portable on-demand
storage structure shall be submitted with a sketch showing the location
of the portable on-demand storage structure on the site plan or survey
and detailing the distance of such units from other buildings, fire
hydrants, Fire Department connections and/or utilities.
2.
All portable on-demand structures shall be placed in driveways adjacent
to the principal structures, or other location, approved by the Zoning
Officer.
d.
Length of Time Structures May Be on Property; Extensions.
1.
A portable on-demand storage structure may be located as a temporary
structure on property within the Township for a period not exceeding
30 days in duration from time of delivery to time of removal, with
the right to one 30 day extension, if deemed necessary and appropriate
by the Zoning Officer.
2.
Where a construction permit has been issued for the property, the
portable on-demand storage structure may be located as a temporary
structure on property for a period not exceeding 90 days, with the
right to one thirty-day extension, if deemed necessary and appropriate
by the Zoning Officer.
3.
Extensions beyond those permitted above may be granted by the Township
Council. The property owner seeking said extension must apply to the
Council at the time the thirty-day extension is applied for.
e.
No portable on-demand storage structure located within the Township
shall contain flammable, combustible, toxic or hazardous materials.
[Ord. No. 1797-2017 § 9;
amended 5-18-2021 by Ord. No. 1837-2021]
a.
EMERGENCY
GENERATOR
Definitions. For the purposes of this section, the terms herein are
defined as follows:
Shall mean the loss of primary power due to power outage
beyond the control of the property owner.
Shall mean reciprocating internal combustion engine and associated
equipment, including but not limited to fuel tanks, cover, piping,
pad and transfer switch, used to supply backup electric power when
local utility is unavailable, not including portable generators.
b.
Permit Required; Location for Outside Equipment.
1.
No generator shall hereafter be permanently installed to serve any
existing dwelling erected on a lot located in any residential district
of the Township of West Caldwell, unless such generator meets the
requirements of this section and a zoning permit and construction
permits are obtained from the Township.
2.
For a single- or two-family residence, one generator shall be permitted, which shall be located in accordance with Subsection 20-21.11. In the event the generator is proposed to service a two-family dwelling, the requirements of the section shall be applicable to each dwelling unit, if more than one generator is being proposed.
3.
Generators permanently installed may be required to be screened with
shrubbery or fencing, as approved by the Building and Zoning Departments.
Any screening or fencing proposed shall be shown and depicted in an
accurate plan subject to the review and approval of the Building and
Zoning Departments. The generator and any related improvements shall
be placed in accordance with the generator manufacturer's recommendations,
the requirements of the National Fire Protection Association, and
the zoning requirements of the Township of West Caldwell. All screening
or fencing shall be maintained as originally approved. If the screening
or fencing is not so maintained, any permit granted is subject to
immediate revocation by the Building and Zoning Departments.
4.
When an installation of a generator is being proposed for other than
a single-family or two-family dwelling for a residence located in
the other residential zones for the Township of West Caldwell, the
generator may be installed within five feet from any side or rear
wall of the dwelling unit and/or in a common area or limited common
area of the condominium premises provided that such installation is
also permissible under the terms of the master deed and/or rules and
regulations for the condominium or association which must be provided
by the applicant.
c.
Generators and Equipment. Except for generators serving a public
purpose and owned and operated by the Township, generators permanently
placed on the ground or a pad shall be allowed only as follows:
1.
Only one permanent generator shall be permitted.
2.
The generator shall be installed in accordance with the most current
editions of the National Fire Protection Association, the National
Electric Code, the International Fire Code New Jersey Edition, the
National Standard Plumbing Code New Jersey Edition, and the International
Residential Code New Jersey Edition.
3.
The footprint of the generator, including the pad, will not be counted
as building or impervious coverage.
4.
The generator shall be used only during periods of emergency or for
periodic testing and necessary maintenance operations.
5.
The generator shall at all times comply with any ordinance or regulation
of the Township of West Caldwell imposing noise restrictions except
when used for emergency purposes, testing, or repairs, and said system
must at all times be outfitted with a working muffler.
6.
The exhaust of the generator shall, as much as practically feasible,
be vented upwards or directed away from neighboring properties.
7.
The generator shall be operated for routine testing and maintenance
purposes not more than one time in any seven-day period, and no test
shall exceed 30 minutes. Testing of emergency generators is permitted
Monday through Saturday only (excluding holidays), between the hours
of 10:00 a.m. and 12:00 p.m. or 2:00 p.m. and 3:00 p.m.
8.
Testing may be conducted when the unit is being repaired, provided
that such testing period shall not exceed 30 minutes and shall be
conducted only between the hours of 10:00 a.m. and 5:00 p.m. Monday
through Saturday, excluding holidays.
d.
Application for Permit. Applications for the installation of a generator
in accordance herewith, shall be accompanied by a survey, showing
the property lines of the lot, the location of the building or structure,
the front, side, and rear yard dimensions and the proposed location,
drawn to scale, of the generator and for any related screening proposed.
For any generator proposed for other than a single-family or
two-family residence in any other residential district of the Township,
the application shall be accompanied by the site plan for the condominium
or development as currently exists in the master deed for the condominium
or association as provided by the applicant and accompanied with an
overlay with an accurate drawing or sketch to scale showing the dimensions
and the proposed location of the generator and any properly proposed
screening subject to the reasonable review, requirements, and approval
of the Building and Zoning Departments.
e.
Application Fee. Every application for the installation of a generator
to serve a dwelling, building, or other structure shall be accompanied
by a fee in accordance with the Fee Schedule of the Township Code.
f.
Inspections Required. No generator shall be placed in operation,
or routinely tested, unless and until inspected and approved by the
Building and Zoning Departments.
g.
Violations and Penalties. An owner, tenant or operator who violates
this subsection by failure to comply with an order entered by the
Code Enforcement Official shall appear before the Municipal Judge
for a hearing and/or imposition of fines, sanctions, sentence, or
any combination thereof. A violation of this subsection shall be punishable
by a fine not exceeding $1,250. Each violation of a different section
of this subsection shall constitute a separate and distinct violation
independent of any other section. Each day's failure to comply with
any provision of this chapter shall constitute a separate violation.
[Added 11-12-2019 by Ord. No. 1822-2019]
a.
STEEP SLOPE
Definitions.
For the purposes of this section, the terms herein are defined as
follows:
Shall mean slopes 15% or greater from the horizontal plane.
b.
The
purpose of this section is to regulate the construction of buildings,
roads, and other impervious surfaces, the removal of vegetative cover,
the disturbance of soil, and the intensity of use in areas with slopes
15% or greater
c.
All
site plan and subdivision applications shall be accompanied by a steep
slope analysis that illustrates three slope categories: 0% to less
than 15%; 15% to less than 25%; and 25% or greater.
d.
In
areas with slopes of 15% to less than 25%, no more than 10% of such
areas shall be developed and/or regraded or stripped of vegetation
or trees. However, disturbance related to utility installation or
driveway construction is exempt from this calculation
e.
In
areas with slopes of 25% or more, no development, regrading, or stripping
of vegetation or trees shall be permitted.
f.
Where
construction of a residence, building or other improvement is proposed
on slopes greater than 15%, a grading plan shall be submitted for
review and approval by the Township that indicates the proposed driveway
plan and profile, location of the building(s), and any site grading
necessary for the property. Said plan shall provide for the proper
protection and stabilization of all disturbed areas.
Prior to the issuance of any building or occupancy permit for
any use in any zone district, all of the following standards shall
be complied with:
[Ord. No. 890 § 20-22.1]
The applicant shall supply evidence satisfactory to the Township
agency that the proposed building, process, production or other use
will conform fully with all applicable performance standards. As evidence
of compliance, the agency may require, at the expense of the applicant,
certification of tests by appropriate governmental agencies or by
recognized testing laboratories and that specific types of equipment,
machinery or devices be installed or that specific operating procedures
or methods be followed as recommended or determined by said governmental
agencies or testing laboratories to assure compliance with the applicable
performance standards.
[Ord. No. 890 § 20-22.2; Ord. No. 937]
Any activity which emits radioactivity shall be prohibited except as may be otherwise determined by the Township agency pursuant to Subsection 20-20.1p.
[Ord. No. 890 § 20-22.3]
All activities shall be conducted only in buildings classified
as fireproof by the Construction Code and the Fire Prevention Code,
and the operations shall be conducted in such a manner and with such
precautions as to prevent fire and explosion hazards. All raw materials
and finished products shall be stored within an entirely closed building.
Liquids may be stored in underground tanks. Operation of the premises
shall be in compliance with the requirements of the Fire Prevention
Code.
[Ord. No. 890 § 20-22.4]
There shall be no emission of any smoke, fumes, gases, dust, odors or any other atmospheric pollutant which may disseminate beyond the boundaries of the lot occupied by such use or which does not comply with the standards as promulgated by the New Jersey Department of Environmental Protection, and Chapter BH1 et seq. of the Revised General Ordinances of the Board of Health of the Township of West Caldwell.
[Ord. No. 890 § 20-22.5]
No operation shall discharge wastes of any kind into any reservoir,
pond or lake. The discharge of any waste material whatsoever into
any watercourse shall be prohibited, except when in accordance with
existing New Jersey Department of Environmental Protection Agency
requirements. All methods of sewage and waste treatment and disposal
shall be approved by the Township of West Caldwell and any other applicable
local or State agency. Appropriate officials of the Township of West
Caldwell and the owner of the sewer treatment facilities shall investigate
the character and volume of all waste or sewage and shall certify
that it will accept the discharge of the waste material into the local
sewage system and treatment facilities. The applicant shall comply
with any requirements of the Township, including the pretreatment
of such wastes and other methods of improving such wastes prior to
discharge as a condition of acceptance by the Township.
[Ord. No. 890 § 20-22.6; Ord. No. 1419 § 31; Ord. No. 1488 § 12]
a.
All uses and activities shall comply with noise and vibration standards
promulgated by the New Jersey Department of Environmental Protection.
Further, no use shall cause an increased vibration beyond the limits
of the property on which such use is located.
b.
In any nonresidence zone district, there shall be no operational
noise measured from any point of the property line of the lot on which
the operation is located which shall exceed the values given in the
following table in any octave band of frequency. The sound pressure
level shall be measured with an instrument that conforms to the current
ANSI S1. 4-1983, as amended, and ANSI S1.11-1986, as amended.
|
Octave Band Center Frequencies
|
Sound Pressure Level Decibels re 0.0002 dyne/cm2
|
|---|---|
|
31.5
|
65
|
|
63
|
50
|
|
125
|
44
|
|
250
|
38
|
|
500
|
35
|
|
1000
|
32
|
|
2000
|
29
|
|
4000
|
26
|
|
Where objectionable noises result from intermittence, beat frequency,
or hammering, or if the noise is not smooth and continuous, corrections
shall be made to the above table by subtracting five decibels from
each of the decibel levels given.
|
c.
In the alternative to the provisions of Subsection b of this subsection, the applicable Township agency may in specific cases accept credible evidence by the applicant, that the proposed use of the premises shall not increase any existing ambient and/or impulsive sound levels (i) at any point on the perimeter of the property, (ii) at any octave band frequency, and (iii) during time periods as shall be specified by the Township agency.
d.
In any nonresidence zone district, no noise-making devices such as
phonographs, loudspeakers, amplifiers, radios, television sets or
similar devices shall be used so as to be heard beyond the limits
of the property, or by other occupants within a multiple occupancy
area.
[Ord. No. 890 § 20-22.7]
There shall be no direct or sky-reflected glare exceeding 0.5
candles measured at the property line of the lot occupied by such
use. This regulation shall not apply to lights used at the entrance
or exit of service drives.
[Ord. No. 890 § 20-22.8]
There shall be no ingress or egress to any building or premises
except from streets approved by the Township agency.
[Ord. No. 890 § 20-22.9; Ord. No. 937; Ord. No.
1419 § 32; Ord. No. 1464 § 12]
a.
The sale, rental or display of merchandise on the exterior premises
of any building or on any public street or sidewalk shall be prohibited,
except as otherwise specifically permitted and regulated in this subsection.
Notwithstanding the foregoing, coordinated sidewalk sales at Township
shopping centers, as designated by the Planning Board, shall be permitted,
not exceeding two such sales per calendar year and not exceeding three
consecutive days duration each, as regulated by the Planning Board.
b.
All outdoor storage shall conform with the provisions of Subsection 20-21.12. No outdoor storage area shall exceed 20% of the ground floor area of the principal building, nor shall any such area be located in a front yard.
c.
Notwithstanding the foregoing, nothing herein shall prohibit or limit
the area of any outdoor storage or display of merchandise related
to nurseries, garden centers, crop farms, the sale of motor vehicles
or other establishments and uses, as determined and limited by the
Township agency, which normally and customarily so display or store
merchandise, nor shall anything herein prohibit or limit the parking
of motor vehicles, provided such parking is otherwise permitted pursuant
to this chapter.
d.
No motor vehicle of any kind, or portion thereof, shall be used for
storage of materials, except during the course of construction at
or on the premises.
[Ord. No. 937 § 20-22.10]
All public utilities, including power and telephone lines, shall
be placed underground.
[Ord. No. 890 § 20-23.1]
As used in this section:
a.
Aisle, parking shall mean a paved portion of an off-street parking
area providing access to and immediately abutting a parking space;
or a paved area over which a vehicle travels from one parking aisle
to the next adjacent parking aisle.
b.
Driveway shall mean a paved area that leads from a public street
to a parking aisle.
c.
Parking area shall mean a paved off-street area used for ingress,
egress, parking and/or loading of motor vehicles, including driveways,
parking aisles, parking spaces and loading areas.
d.
Parking space shall mean a paved striped area, of the size specified
herein, served by a parking aisle, and used for the storage of a motor
vehicle as permitted herein.
e.
Loading area shall mean a paved area required for the parking of
a truck or other vehicle in a loading space during any pick-up and
delivery, as well as the area required for maneuvering such vehicle
into the loading space.
f.
Loading space shall mean a space in a paved loading area from which
a truck or other vehicle makes a pickup or delivery.
[Ord. No. 890 § 20-23.2]
Off-street parking shall be provided for all uses in all zone
districts within the Township of West Caldwell. All site plans and
subdivision plans shall provide a safe and efficient circulation and
parking system for the movement of vehicles and pedestrians.
[Ord. No. 890 § 20-23.3; Ord. No. 937; Ord. No.
1106 § 1; Ord. No. 1206 § 8; Ord. No. 1419 § 33; Ord. No. 1425 § 3; Ord. No. 1488 §§ 4, 13; Ord. No. 1729 § 5; Ord. No. 1745 § 8]
All plans for parking and loading within the Township of West
Caldwell shall be in conformance with the following provisions and
shall be subject to the review and approval of the Township agency
for adequacy in relation to traffic safety and protection of adjacent
properties. Unless indicated otherwise, the general provisions apply
only to nonresidential zone districts.
a.
In all zone districts, parking and loading areas shall be paved and
graded so that surface water drainage shall not discharge upon or
over adjacent property.
b.
In all zone districts, other than the B-2 District, all required
parking shall be provided on a paved area on the same lot with the
building or use it serves and within 400 feet of an entrance to such
building or use, unless the Township agency permits exceptions to
same in specific cases and under particular circumstances. In the
B-2 Zone District, at least 80% of all required parking shall be located
within 400 feet of an entrance to a building used for public access.
Nothing herein shall be construed to prevent collective provision
of off-street parking areas on adjacent lots, provided that the total
area of such parking areas shall not be less than the sum of the requirements
for each such lot computed separately in accordance with the provisions
herein. Such contiguous parking areas shall provide for direct, safe
and unencumbered access, either by physical encumbrances or restrictions
established by deed, easement or other instrument, between and through
the adjacent properties.
c.
In all nonresidence zone districts, no on-site outdoor overnight
parking shall be permitted for any vehicle more than 30 feet in overall
length or having more than four wheels, except vehicles parked at
approved loading docks in M-1 and M-2 zone districts or except as
may be otherwise determined by the Township agency in particular cases.
In all residence zone districts, no regular on-site outdoor parking
shall be permitted for any vehicle unless such vehicle is owned or
regularly used by a resident of the premises and unless all of the
following conditions are satisfied:
1.
Such vehicle shall have a single chassis body having not more than
four wheels and shall not be more than 20 feet long or seven feet
high and shall not exceed a rated capacity of 7,000 pounds gross vehicle
weight, which shall include the weight of the vehicle, passengers,
equipment and cargo, and
2.
Such vehicle shall be of a type and kind which is normally and customarily
parked on residential properties, which shall not include any vehicle
which by its design and/or appearance is clearly intended exclusively
for commercial or industrial purposes, including, but not limited
to, taxicabs, buses, hearses, dump trucks and tow-trucks, and
3.
Such vehicle shall not contain any commercial advertising in the
form of lettering, logos or graphics on the exterior of the vehicle,
except normal and customary signage identifying the manufacturer and
model of the vehicle and such other signage as may be required by
law, and
4.
All products, cargo and equipment, including ladders, and/or other
commercial accessories or materials which are not permanently affixed
to the vehicle and which are clearly visible from a public street
or an adjacent property shall be removed and stored indoors when such
vehicle is parked outdoors on a residential property.
Nothing herein shall be construed (a) to prohibit the temporary parking of commercial vehicles on residential properties while such vehicles are being used in the transaction of business with the owner or occupant of the property, or (b) to prohibit the storage of recreational vehicles or similar conveyances on residential properties, such storage being herein regulated pursuant to Subsection 20-22.9e or (c) to permit uses or other activities otherwise herein prohibited on residential properties.
d.
In all zone districts, no commercial repair work or service of any
kind shall be conducted in any off-street parking area.
e.
Lighting for off-street parking shall be designed to reflect downward
away from adjoining buildings, properties and streets, and shall not
cause glare in excess of 1/2 foot-candle over adjoining nonresidence
property or streets or more than one-fourth foot-candle over adjoining
residence areas. Unless otherwise determined by the Township agency,
all lighting shall be extinguished by 10:30 p.m., or one hour past
the established closing time, whichever is later. Lighting proposed
for security purposes, when so indicated on the site plan, may be
left on from dusk to dawn.
f.
Curbing shall be required around the entire perimeter of the parking
area and along both sides of all access driveways.
g.
Except as otherwise provided herein, in any non-residence zone district
no vehicle shall be parked closer than 10 feet to any principal building,
except for trucks parked at an approved loading dock, nor 10 feet
to any property line, except that five feet shall be permitted where
a parking area abuts a separate, conforming parking area on an adjoining
property. In any residence zone district, no vehicle shall be parked,
nor shall any driveway or paved areas be constructed, closer than
five feet to any property line, except that, where deemed appropriate
by the Board of Adjustment in particular cases, contiguous driveways
on adjoining residential properties may be permitted; nor shall any
parking area in a front yard, including driveways, exceed 30% of the
area of the yard.
h.
In the event a use is not specifically referenced herein, the minimum
requirements for off-street parking spaces of a similar or related
use shall apply. If no use can reasonably be described as similar
or related to the proposed use, minimum parking spaces shall be determined
by the Township agency.
i.
In the event of a mixed use on the same lot, required off-street
parking shall be the sum of the required off-street parking for each
use.
j.
In the event the number of required parking spaces results in a fraction
of a space, the number shall be rounded up to next higher number of
whole spaces.
k.
Loading spaces as required herein shall be located so as to limit
visibility from the roadway to the greatest extent possible. No loading
is permitted in the front yard or front half of the side yard of any
property. For buildings greater than 90,000 square feet located in
the B-2 Zone all loading and unloading shall occur in the rear yard,
except for pickups or deliveries by retail customers. In all zone
districts for every building, or part hereafter erected, which is
to be occupied by manufacturing, storage, goods display, retail store,
wholesale store or warehouse, market, hospital, laundry, dry cleaning
or other use similarly requiring the delivery or distribution of material
or merchandise, there shall be provided and maintained on the same
premises with such building, off-street loading spaces in relation
to floor area, at least as follows: up to 10,000 square feet, one
space; 10,000 to 25,000 square feet, two spaces; one additional space
for each additional 25,000 square feet or part thereof.
l.
Required parking may be provided within or under any portion of a
principal building or in an accessory structure constructed for parking
purposes provided that the access driveway does not at any point have
a grade in excess of 10%.
m.
Where a property is located in a flood hazard area, the developer shall supply sufficient information and data, as required by the Township agency, to substantiate that such parking areas conform with all provisions of Chapter 21 of the Revised General Ordinances of the Township of West Caldwell.
n.
Where an applicant can clearly demonstrate to the Township agency
that, because of the nature of the proposed use, the parking requirement
of the particular zone district is unnecessary or excessive, the Township
agency may approve parking plans showing less paved parking area or
fewer parking spaces than required. In such event, a landscaped area
shall be reserved that can readily be converted to off-street parking
if the conditions for allowing the lesser paved parking area or number
of spaces ever change.
o.
Where access to an off-street parking area is from a collector or
arterial roadway, the Township agency may require service roads, acceleration
and/or deceleration lanes, jughandles and traffic control devices
in order to provide for the safe and efficient movement of vehicular
and pedestrian traffic.
p.
All off-street parking areas shall be designed to provide for through
circulation on all driveways and parking aisles. Dead end aisles may
be prohibited by the Township agency.
q.
Adequate storage areas for entering and exiting vehicles shall be
provided within driveway areas so that such vehicles do not interfere
with vehicles maneuvering into or out of parking spaces.
r.
The Township agency may require that parking areas in nonresidence
zone districts shall be 110% of the size determined by the requirements
of the applicable zone district, excluding areas intended for loading,
access driveways or employee parking. The additional 10% shall be
used for landscaped areas within the off-street parking area.
s.
The Planning Board may grant exceptions to the provisions of this
section pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-51).
[Ord. No. 890 § 20-23.4; Ord. No. 1106 § 1; Ord. No. 1419 § 34; Ord.
No. 1425 § 4; Ord. No.
1488 § 14; Ord. No. 1580 § XVIII; Ord. No. 1729 § 6; Ord. No. 1797-2017 § 10]
Provision shall be made to conform with the following parking
regulations, whichever shall be the greatest applicable requirement:
a.
A minimum of one square foot of parking area, exclusive of driveways
and loading areas, for each square foot of floor area in the B-1,
M-1 and M-2 Zone Districts; and two square feet of such parking area
for each square foot of floor area in the B-3 and OP Zone Districts;
or
b.
A minimum of one parking space for: each 200 square feet of floor
area in the B-3 and OP Zone Districts; each 300 square feet of floor
area in the B-1, M-1 and M-2 Zone Districts and 6.35 parking spaces
per 1,000 square feet of floor area in the B-2 Zone District, including
all atriums and office space; provided, however, that, in M-1 and
M-2 Zone Districts, the Township agency may reduce or waive said minimum
parking requirements when deemed appropriate in particular cases and,
further provided that, where an office use exceeds 20% of the total
floor area in M-1 and M-2 Zone Districts, the Township agency may
require one parking space for each 200 square feet of floor area of
the building dedicated to such office use; or
c.
A minimum of 1.1 parking spaces for each employee on the maximum
shift; or
d.
The minimum number of parking spaces required for a particular applicable
use as hereinafter set forth, except that in no case shall there be
less than four parking spaces for any nonresidential uses:
1.
Automobile laundry (Car Wash) - one per employee, plus 10 per entrance
lane, plus four per exit lane, exclusive of driveways and parking
aisles.
2.
Bank - four per interior walk-up teller station, plus when applicable,
five stacking spaces for each exterior drive-up teller station, exclusive
of driveways and parking aisles.
3.
Bowling alley - five per bowling lane.
4.
Country club - one per 1,500 square feet of floor, terrace or patio
space devoted to patron use.
5.
Funeral home - 10, plus one per 40 square feet of space devoted to
chapel or slumber rooms, plus one garage space for each funeral vehicle
maintained on the premises.
6.
Game rooms - two for each automatic amusement device, plus one per
200 square feet of floor area.
7.
Golf course - three per tee and practice putting green.
8.
Hospital - 1.75 per bed.
9.
House of worship - one per three seats and/or, when applicable, one
per 72 inches of bench seating space.
10.
Motor vehicle service station/public garage - three per bay, plus
one per service vehicle, plus one per employee on the maximum shift.
11.
Nursing/convalescent home - one per two beds.
12.
Office building - one per 200 square feet of floor area or two square
feet of parking area, exclusive of driveways and loading areas, per
square foot of floor area, whichever is greater.
13.
Restaurant/fast-food restaurant/theater/tavern - one per 2.5 patron
seats.
[Ord. No. 1797-2017 § 10]
14.
Indoor health and recreation - one per 1.5 peak hour patrons, plus
one per employee on the maximum shift.
15.
Grade/elementary school - one per teacher and employee, plus 20%.
16.
High school - 10 per classroom.
17.
College/business school - one per 1.5 students, plus one per classroom.
18.
Other school - one per 250 square feet of floor area.
19.
Single-family detached residence unit - two per dwelling unit, including
a garage of at least 240 square feet.
20.
Single-family clustered residence unit - three per dwelling unit,
including a garage of at least 240 square feet.
21.
Multiple family residence unit - two per dwelling unit or one per
bedroom, whichever is greater, at least 30% of which shall be garage
spaces.
22.
Multiple family adult community residence building unit - two per
dwelling unit where at least 60% of which shall be garage spaces,
with five non-garage spaces designated and reserved for visitors.
No parking shall be permitted in the front yard.
e.
In all nonresidence zone districts, parking areas shall be prohibited
in front yards, except that 50% of the area of front yards in the
B-1 zone district and that 90% of the area of front yards in the B-2
Zone District may be used for parking areas.
f.
In all nonresidence zone districts, parking areas shall be permitted
in side yards, except within 10 feet of front yards in the M-1, M-2
and OP Zone Districts.
g.
In all nonresidence zone districts, parking areas shall be permitted
in rear yards, limited, however, to 90% of such rear yards.
[Ord. No. 890 § 20-23.5; Ord. No. 1419 § 35; Ord. No. 1464 § 13; Ord.
No. 1488 § 15; Ord. No.
1729 § 7]
All parking areas shall be designed in accordance with the following
design criteria and to the satisfaction of the Township Engineer and
the Township agency may require that such designs be certified by
a licensed professional engineer:
a.
All off-street parking areas shall be paved with bituminous concrete
in accordance with the following minimum standards. Unless otherwise
indicated, criteria apply only to nonresidence zone districts.
1.
In residence zone districts, all parking areas shall be paved with
a minimum of 1 1/2 inches of New Jersey Mix No. 5 over a four-inch
base of quarry process stone, all over a compacted earth sub-base.
2.
Areas serving only automobiles and light duty trucks shall be paved
with a four-inch quarry process sub-base, a three-inch New Jersey
Mix No. 1 Base Course and a two-inch New Jersey Mix No. 5 Surface
Course, unless a lighter design is substantiated by the applicant's
engineer.
3.
A truck parking or loading area and all driveways serving same shall
be paved with a six-inch quarry process sub-base, a five-inch New
Jersey Mix No. 1 Base Course and a two-inch New Jersey Mix No. 4 or
No. 5 Surface Course, unless a lighter design is substantiated by
the applicant's engineer.
b.
The perimeter of all parking areas shall be bounded by granite block
curb with a minimum face height of six inches.
c.
Off-street loading spaces shall have a minimum width of 10 feet and
a minimum length of 45 feet in M Zone Districts and 25 feet in B Zone
Districts. The loading area shall be of such size as to permit the
safe and efficient movement of trucks and vehicles without interference
with any parking areas, and to prevent the necessity for any vehicle
to back into or out of a public street.
d.
Parking space and aisle dimensions shall be as follows:
|
Parking Angle Degrees
|
Min. Space Width
|
Min. Space Length
|
Min. Aisle Width
|
|---|---|---|---|
|
90
|
10 feet
|
20 feet
|
25 feet
|
|
60
|
10 feet
|
20 feet
|
18 feet
|
|
45
|
10 feet
|
20 feet
|
15 feet
|
|
30
|
10 feet
|
20 feet
|
15 feet
|
|
0
|
9 feet
|
25 feet
|
15 feet
|
|
Parking space width may be reduced by 10% within parking areas
serving employees only in the B-1, B-3 and M Zone Districts, provided
such spaces are so designated and are located in segregated, contiguous
areas. In the B-2 Zone District, at least 75% of all parking provided
shall comply with the minimum parking space and aisle dimensions set
forth herein: the remainder may be reduced by up to 10% in either
width or length, but not both, provided such spaces are located in
contiguous areas and, to the extent practicable, at or near the perimeter
of the property. No reduction in the aisle width shall be permitted.
|
|
In addition, parking spaces in any parking area adjacent to a landscaped area or pedestrian walkway and where the parking angle is 45° or greater may be reduced to 17 1/2 feet in length, provided the width of the landscaped area or pedestrian walkway shall be increased by a three-foot wide transition area to permit vehicle overhang without disturbing landscaping or without affecting pedestrian safety, as applicable, and further provided that any such overhang transition areas shall conform to the setback requirements of Subsection 20-23.3g.
|
e.
In all zone districts, driveways shall be designed to permit safe
and efficient ingress and egress from a public street. Any vertical
curve shall be sufficiently flat to prevent the dragging of any vehicle
undercarriage.
f.
All parking spaces in the B Zone Districts shall be marked with a
double line two feet on center, and the width of such parking spaces
shall be measured as the distance between the midpoints of such double
lines. All other spaces may be marked with a single line. Lines shall
be four inches wide of white or yellow reflective paint.
g.
The maximum grade permitted shall be 4% in a direction parallel to
the parking spaces and 6% perpendicular to the parking spaces.
[Ord. 890 § 20-24.1; Ord. No. 937; Ord. No. 1425 § 5; Ord. No. 1464 § 14; Ord. No. 1488 §§ 4, 16; Ord. No. 1745 § 9]
Every sign as defined in § 18A-5 of the Land Use Procedures Ordinance hereafter or heretofore constructed, reconstructed, erected, altered, replaced, located, relocated, maintained, displayed or used shall be authorized and valid only upon the issuance of a sign permit as hereinafter provided, excepting only such signs as may be exempt from such permit requirements as hereinafter set forth.
Prior to the issuance of any sign permit, an application for sign approval pursuant to Subsection 18A-8.1 of the Land Use Procedures Ordinance shall be filed with the Township Code Enforcement Agency. Such application shall describe the premises, the name of the property owner and property owner's agent, and the existing and/or proposed signs, with a plan drawn to scale showing the location of all buildings and structures and all existing and/or proposed signs and the details thereof as to lettering, illustration or other displays, dimensions, height, nature of construction, colors, materials, illumination and location on the premises or on the building or structure. In addition, when required by the Planning Board, the applicant shall supply sufficient design information and data to substantiate the adequacy of the sign structure, including, but not limited, to the ability of the structure to support the sign weight and to withstand maximum wind pressures from any direction.
a.
A Sign Committee consisting of three members of the Planning Board appointed by the Chairman of the Planning Board is hereby established. All responsibilities and authorities of the Planning Board herein pertaining to signs shall be delegated to, and administered by, the Sign Committee, except as other Township agencies or officers may be designated by the Board pursuant to Subsection 18A-8.1 of the Land Use Procedures chapter.
b.
Upon the filing of an application, the Township Code Enforcement
Agency shall refer the application and any accompanying plan, information
and data to the Sign Committee for consideration and approval or disapproval
thereof.
c.
In the event that the Sign Committee shall approve the application,
the approval shall be put in writing together with any conditions
thereof which shall then be forwarded to the Township Code Enforcement
Agency who shall issue a permit for the sign as provided herein.
d.
In the event that the Sign Committee shall disapprove the application,
the disapproval shall be put in writing together with the basis therefor
which shall then be forwarded to the Township Code Enforcement Agency
who shall transmit a copy to the applicant.
e.
In the event that the Sign Committee shall disapprove the application, the applicant may request in writing a hearing de novo before the Planning Board by filing an application for development in accordance with the provisions of the New Jersey Municipal Land Use Law and Chapter 18A of the Revised General Ordinances of the Township of West Caldwell.
f.
Except as permitted herein, no sign approved by the Planning Board
or the Sign Committee shall be reconstructed, altered, replaced or
relocated without prior written approval of the Sign Committee.
g.
All sign permits shall automatically expire one year from the date
of issuance unless fully implemented prior thereto.
h.
Pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-5), existing nonconforming signs may continue, subject to the provisions of § 20-18 and the following:
1.
If a nonconforming sign, or a use identified by the same, shall be
abandoned or discontinued, any subsequent replacement or reuse of
such sign shall conform to the provisions hereof.
2.
If a nonconforming sign is hereafter enlarged or relocated, or if
the lettering, illustration or display are changed, then such sign
shall conform to the provisions hereof. The foregoing shall not be
construed to include normal and reasonable maintenance or repair.
3.
Maximum sign area, quantity and other sign provisions contained herein
shall include all conforming and nonconforming signs on the property.
i.
Sign permit fees shall apply to all signs in accordance with, and as regulated by, the provisions of the Building Code excepting only such signs as may be exempt as hereinafter provided. In addition to other sign permit fee exemptions contained herein, signs erected, maintained or owned by non-profit charitable, philanthropic, fraternal and religious organizations pursuant to Subsection 18A-8.8 of the Land Use Procedures chapter, or temporary signs which are removed within 45 days after installation, shall be exempt from sign permit fees, but shall not be exempt from application or permit requirements or other sign provisions contained herein.
j.
Signs expressly designed and approved for periodic changes in the
lettering, illustration or display shall not require sign applications
or permits for periodic changes which do not involve alteration, relocation
or reconstruction of the sign structure or its supporting members.
k.
Sign permits shall expire immediately upon (1) the removal, replacement,
alteration or relocation of the applicable signs or (2) discontinuance
or abandonment of the applicable use of the property on which the
signs are located, and all such signs shall be removed within 30 days
thereafter. The building wall or background surface on which such
signs were affixed, if applicable, shall be repaired or refurbished
so as to leave no perceptible indication of the prior existence of
such signs.
l.
The Township Code Enforcement Agency may at any time revoke a sign
permit pertaining to any sign constructed, reconstructed, erected,
altered, replaced, located, relocated, maintained, displayed, or used
in violation of the provisions herein.
m.
In cases of properties having exceptional shapes, topographic conditions
or physical features, or having unusual buildings or structures located
or oriented thereon, or where unusual or significant sign visibility
and/or safety considerations otherwise exist, the Sign Committee shall
determine and specify sign regulations which shall apply thereto,
provided that such regulations shall, to the extent practical, conform
with the intent of sign restrictions otherwise applicable to such
properties.
n.
Notwithstanding the provisions of this section, the Planning Board
shall exercise all the responsibility and authority of the Sign Committee
when acting on an application for development which is either the
result of a Sign Committee decision or a request for variance from
the sign regulations contained herein, except that the resolution
of the Board of Adjustment shall substitute for that of the Planning
Board whenever the Board of Adjustment has jurisdiction over said
application for development pursuant to the Municipal Land Use Law
(N.J.S.A. 40:55D-76b).
[Ord. No. 890 § 20-24.2; Ord. No. 937; Ord. No.
1171 § 1; Ord. No. 1419 § 36; Ord. No. 1464 § 15; Ord. No. 1488 §§ 4,
17; Ord. No. 1729 § 8; Ord. No. 1745 § 9; Ord. No. 1797-2017 § 11; amended 4-18-2023 by Ord. No. 1869-2023]
All signs in all zone districts shall conform to the following
provisions except as may be otherwise provided herein:
a.
All signs other than those signs permitted herein shall be prohibited,
except such signs as may be required by county, state or federal regulations,
laws or ordinances.
b.
All signs shall pertain to an existing, approved use or occupancy
on the premises where such signs are located.
c.
Identification signs as permitted herein shall mean and include all
signs whose message contents identify existing, approved uses or occupancies
on the premises where such signs are located, and such contents shall
be the minimum lettering, illustration or display as the Sign Committee
shall deem necessary to adequately identify such uses or occupancies.
An identification sign may include a symbol depicting a registered
trademark or logo provided that said symbol is within the permitted
height and width of the sign itself, and further provided that the
width of the symbol is no greater than the permitted height of the
sign. Said symbol need not conform with any color requirements or
limits, and the total area of the symbol shall be included in the
calculation for total allowable sign area and shall not be in addition
to said allowable area.
d.
Directional and informational signs shall be permitted in such quantities
and in such locations as the Sign Committee shall deem necessary for
the information, guidance, convenience, safety or welfare of the general
public, including, but not limited to, "entrance," "exit," "parking,"
"public telephone," "public rest rooms," "no trespassing," and/or
other words or directions of similar import. Each such individual
sign shall not exceed four square feet in area for pedestrian traffic
control signs or six square feet in area for vehicular traffic control
signs, except that building wall-mounted directional signs which are
mounted seven feet or greater above the surrounding grade may not
exceed eight square feet in area. The upper edge of all freestanding
directional signs shall be not more than four feet above the ground
surface.
Notwithstanding anything to the contrary contained herein, regulatory
signs shall follow the standard for regulatory signs as set forth
by the most recent edition of the Manual on Uniform Traffic Control
Devices.
e.
Official signs or legal notices erected, maintained or owned by governmental
units, and those signs deemed necessary to inform or guide the public
or for the promotion of the health, safety, convenience or welfare
of the general public by the Governing Body shall be permitted in
any location and shall be exempt from application and permit.
f.
All signs shall comply with all applicable county, state, and federal
regulations, laws and ordinances.
g.
Sign area standards contained herein shall apply to all existing
and proposed signs on the property and shall be measured in accordance
with the following provisions:
1.
Sign area shall mean the total square foot surface area of the background
upon which the lettering, illustration or display is presented including
any perimeter accessory, trim or decoration. If there is no circumscribed
background, the sign area shall be computed as the product of the
largest horizontal width and the largest vertical height of the overall
lettering, illustration or display, unless the Sign Committee determines
that other geometric shapes are applicable in specific cases. This
shall not be construed to include the supporting members of any sign
which are used solely for such purpose.
2.
As applicable to sign area requirements, building wall area shall
mean the exposed or apparent surface area of that portion of the building
facade to which the sign is attached, measured from ground level to
top of wall but excluding mansard roof, when viewed perpendicularly
from a street or parking area fronting on such wall. Notwithstanding
the foregoing, the aforesaid building wall area, when viewed as herein
provided, shall mean as applicable (a) the exposed or apparent surface
area of the mansard roof when any sign is attached thereto, or (b)
the applicable portion of the building facade, as determined by the
Sign Committee, when any sign is located above the first floor of
a building.
3.
On contiguous store fronts or other adjoining buildings having separate
occupancies and separate entrances, building wall width shall mean
the horizontal distance between the center lines of the common walls
separating such buildings or occupancies.
4.
If a sign has no circumscribed background, sign height shall be the
largest vertical height of the overall lettering, illustration or
display. Notwithstanding the foregoing and when specifically permitted
by the Sign Committee, such signs may have incidental lower-case or
upper-case letters, or combinations thereof, that exceed the maximum
permitted sign height by 30% or less if a preponderance of the letters
conform with said maximum height.
h.
Free-standing signs shall have a maximum of two display faces, and
the included angle between faces shall not exceed 45°. For signs
having two display faces, the maximum sign area provisions contained
herein shall be permitted on each face. No signs shall be located,
in whole or in part, within required buffer areas nor within 10 feet
of any property line, except that the Sign Committee may permit "entrance"
and "exit" or equivalent signs within 10 feet of a property line,
provided such signs do not interfere with pedestrian walks. On corner
lots, where applicable, regulations herein related to such lots shall
apply to signs.
i.
Building wall signs shall conform to the following provisions:
1.
No such sign shall extend or project above the roof line of the building
or above the highest elevation of the wall on which such sign is attached,
nor shall any such sign be attached to a mansard roof unless the Sign
Committee determines that alternate locations are impractical in specific
cases.
2.
No such sign shall extend or project beyond the width of such wall,
nor shall such sign be located within the outermost 5% of the width
of such wall.
3.
No such sign shall extend or project more than 12 inches perpendicularly
from the face of such wall, nor more than inches if the bottom edge
of such sign is less than 10 feet above the ground level.
5.
Whenever the street number of a building is herein permitted to be attached to the wall of a principal building, the height of such number sign shall not exceed the maximum height permitted on wall mounted identification signs on the same premises. Notwithstanding the provisions of Subsection i4 of this subsection, such wall mounted number signs may be permitted to be located above the first floor of the building.
j.
Except as provided herein, signs located within an enclosed building
or structure which are visible or directed to be seen by the general
public from the outside of the building or structure are prohibited.
k.
All signs shall be secure, safe and free from hazard and shall be
kept in good repair. All structural elements, casings, facings, lettering
or other displays and lighting shall be adequately maintained and
the areas surrounding free-standing signs shall be kept clean, neat
and landscaped.
l.
No sign shall interfere with traffic lights, directional or warning
signs, traffic vision or similar safety factors. No sign shall be
located on, or extend into, any public walkway, driveway, curb or
the right-of-way of any street. No sign shall be attached to any bridge,
abutment, retaining wall, standpipe, water tower, fence, utility pole,
tree or other living plant. No sign shall obstruct access to any fire
escape, standpipe, window, door or other exit, nor shall any sign
create a hazard to pedestrians or motor vehicle traffic.
m.
Temporary announcement, advertising or promotional signs shall conform
with the following provisions:
1.
Temporary signs announcing a new or changed use or occupancy, or normal and customary anniversary of the same, or announcing special community activities or events deemed by the Planning Board to be of special interest to the general public shall be permitted in such quantity, size and location and for such time periods as the Sign Committee shall determine. Notwithstanding the provisions of Subsection 18A-11.2c of the Land Use Procedures Ordinance, all such signs, as approved by the Sign Committee, shall not require a zoning permit. All other temporary signs not covered by the provisions of this subsection shall be subject to the provisions of Subsection 3 or .
2.
Except as may be permitted in conjunction with such temporary announcement
signs, streamers, pennants, banners, strings of illuminated devices,
advertising or promotional flags, twirlers or similar objects or displays
shall be prohibited.
3.
In addition to the foregoing, in Business Zone Districts, outdoor, temporary signs advertising or promoting goods and/or services pertaining to the occupant of the premises shall be permitted, as restricted and regulated by the Planning Board, upon the recommendation of the Sign Committee, and as codified pursuant to Subsection 18A-8.1 of the Land Use procedures chapter. All such signs, as approved by the Sign Committee, shall require a zoning permit.
4.
Notwithstanding the foregoing, temporary signs advertising the prospective
sale or rental of the premises upon which the sign is located shall
be subject to applicable regulations contained elsewhere in this section.
n.
All permanent, outdoor signs shall be constructed of synthetic, weather-resistant
materials, which shall not include unprotected painted signs or those
with facing of unprotected wood, canvas, oil cloth, fabric, cloth,
paper or similar materials. No permanent sign shall consist of more
than four colors, excluding shading thereof and including black and
white. Said color restrictions shall not apply to sign supporting
members provided such members are used solely for such purpose and
provided the color thereof is fully compatible with, and secondary
to, the color(s) of the sign itself. No sign shall be architecturally
or aesthetically incompatible with other signs and structures on the
same property.
o.
No sign, or any part thereof, shall move, oscillate or revolve or
give the appearance of such motion. Portable or mobile signs are prohibited,
and signs located on, or attached to motor vehicles shall not be located,
displayed or used on any privately owned property in such a manner
as to circumvent the intent of these regulations.
p.
Temporary outdoor signs shall be permitted for displaying political
messages, subject to the following regulations:
1.
One such sign shall be permitted on any property and shall not exceed
1/5 square feet in area per foot of sign setback from the nearest
property line, except that no such sign shall be required to be less
than four square feet nor permitted to be greater than eight square
feet, and
2.
All such signs shall be set back at least 15 feet from the nearest
property line, and
3.
No such sign shall be erected prior to 30 days before the date of
any national, state or local election, and all such signs shall be
removed from the premises no later than three days after the closing
of the polls, and
4.
No such sign shall be illuminated.
q.
All illuminated signs shall conform to the following provisions:
1.
All sign lighting shall be shielded so that the direct rays of the
light source shall not be visible beyond the property line of the
premises on which the sign is located. More particularly, the source
of all sign lighting shall be shielded completely from the view of
all motor vehicle traffic on public streets and from adjacent and
nearby residence properties.
2.
No sign shall be lighted by means of flashing, revolving or intermittent
illumination, or illumination of varying intensity.
3.
No sign lighting shall be permitted where the light source is directly
exposed to view, including, but not limited to, ionized inert gas
tubing and light emitting diodes (LED).
[Amended 4-18-2023 by Ord. No. 1869-2023]
4.
No sign lighting colors shall diminish or detract from the effectiveness
of any traffic signal or similar safety or warning device.
5.
The source of sign lighting, whether attached to or separate from a building, shall not project above the highest elevation of the facade of the building or more than 18 feet above ground level, whichever is less, except pursuant to the provisions of Subsection 20-24.4k6.
[Ord. No. 1797-2017 § 11]
6.
Illuminated sign lighting directly visible from residential properties
shall be extinguished by 10:30 p.m., except that businesses remaining
open thereafter may continue said lighting until the close of business
activity. Protective lighting approved by the Police Department may
be maintained.
r.
Nothing herein shall prohibit the normal and customary display of
the flag of a nation or of a state, county or municipality of the
United States or of an organization or firm occupying the same premises,
provided that such flags, which shall be exempt from application and
permit, shall conform to the following:
1.
No more than three such flags which each exceed 15 square feet in
area shall be permitted on one lot, and the maximum permitted size
of each such flag shall be determined as follows. The highest flag
display height (measured, in feet, from ground level to the top edge
of the flag) shall be multiplied by itself and the maximum flag size,
in square feet, shall not exceed 5% of that product. In no event shall
any flag display height exceed 130% of the permitted height of the
principal building or structure, or 35 feet, whichever is less.
2.
Such flags shall be restricted to the display of an emblem, insignia,
design and/or logo, and no advertising or other promotion shall be
displayed thereon.
3.
No such flags shall be mounted or displayed on any roof, and all
ground-mounted flagpoles shall be set back from any property line
at least 50% of the actual or required setback to the principal building
or a distance at least equal to the height of the flagpole, whichever
is the greatest distance.
[Ord. No. 890 § 20-24.3]
In residence zone districts, the following signs shall be permitted, subject to all provisions of Subsections 20-24.1 and 20-24.2 and the following conditions:
a.
Decorative illuminated or non-illuminated signs showing the name
of the resident or occupant and/or address shall be exempt from application
and permit providing that the maximum area of all such signs shall
not exceed 1.5 square feet.
b.
One customary professional sign or name plate, not exceeding two
square feet in area, identifying a permitted residential professional
office and stating only the name and/or address and the permitted
profession, which sign may be illuminated or non-illuminated and shall
be situated within the front yard.
c.
One non-illuminated temporary sign, not exceeding four square feet
in area, advertising the prospective sale or rental of the premises
upon which the sign is located shall be exempt from application and
permit. Such sign shall be removed within seven days after consummation
of the sale or lease. The upper edge of such sign shall be not more
than four feet above the ground surface.
d.
No sign on private, residential property shall be erected nearer to any street or road than 1/2 of the setback required for the principal building on the lot, provided that the signs permitted in Subsections a and b of this subsection may be placed elsewhere within the front yard, but not within 10 feet of any side property line.
e.
On new construction sites within a subdivision, one non-illuminated
temporary identification sign not exceeding 12 square feet in area,
limited to a period of 12 months and one further twelve-month extension
upon special application and approval for good cause. Such sign shall
be removed within seven days after completion and initial sale of
80% of the dwellings in the tract.
f.
One identification sign not exceeding 12 square feet in area for
permitted nonresidential uses subject to the limitations herein, provided
such sign is at least 15 feet from any property line.
[Ord. No. 890 § 20-24.4; Ord. No. 937; Ord. No.
1171 § 1; Ord. No. 1206, § 9; Ord. No. 1419 §§ 37, 38; Ord. No. 1425 § 6; Ord. No. 1464 § 16; Ord. No. 1488 §§ 4,
18; Ord. No. 1729 § 9; Ord. No. 1745 § 9; Ord. No. 1797-2017 § 11]
The following signs shall be permitted subject to all provisions of Subsections 20-24.1 and 20-24.2 and the following conditions:
a.
One identification sign attached to and parallel with, but not painted on, the front wall of a principal building, which sign may identify all existing, approved uses or occupancies within the building and/or the name and/or the street number of the building. A street number sign may be separate from the principal identification sign, subject to the provisions of Subsection 5, of Subsection 20-24.2i.
1.
A principal building located on a lot having frontage on two or more
streets may have an additional identification sign on the wall facing
such additional street or streets. In designated shopping centers,
the same shall apply to applicable business establishments located
at the corners of the principal building.
2.
A principal building served by a rear or side entrance opening on
an approved, off-street public parking area, may, if deemed necessary
by the Sign Committee, have an additional identification sign attached
to the wall of the building fronting on the parking area, same to
be no larger than 50% of the sign permitted on the front wall of the
building.
3.
In no event shall there be more than three identification signs,
and the aggregate area of all such signs shall not exceed 200% of
the area of the sign permitted on the front wall of the building.
b.
The maximum height of any identification sign attached to the wall of a principal building shall not exceed three feet when measured vertically from its lowest point to its highest point, except as otherwise provided elsewhere herein. The maximum width of such sign shall not exceed 85% of the width of the building wall or 30 feet, whichever is less. In no event shall the area of such sign exceed 15% of the area of the building wall on which it is attached. Sign areas and building wall areas shall be measured in accordance with the provisions of Subsection 20-24.2g.
c.
Signs located within a principal building which are visible or directed
to be seen by the general public from the outside of the building
shall be permitted and shall be exempt from application and permit,
subject to the following conditions:
1.
Such signs shall be limited to permitted and approved retail business
uses and shall not be located above the first floor of any building,
and
2.
Such signs as may be identification signs pursuant to Subsection 20-24.2c shall conform with all regulations herein applicable to the same.
3.
The aggregate area of all such signs shall not exceed 50% of the
area of the windows or other surfaces through which such signs may
be viewed.
d.
In multiple use buildings, one directory sign containing the name
of each tenant and the permitted use may be placed in the lobby of
the building facing the entrance and such sign shall be exempt from
application and permit unless it is visible or directed to be seen
from the outside of the building.
e.
One non-illuminated temporary sign advertising the prospective sale
or rental of the premises upon which it is maintained is permitted.
Such sign shall not exceed one-fourth square foot in area per foot
of sign set back from the property line, except that no such sign
shall be required to be less than eight square feet nor permitted
to be greater than 12 square feet. Such sign shall be removed within
seven days after the consummation of the lease or sale transaction.
The location of such sign shall conform to location regulations applicable
to permanent identification signs on the same property, and the lower
edge of any such free-standing sign shall not be more than two feet
above the ground surface.
f.
One identification sign shall be permitted on the valance or, in the absence of same, the lowermost portion of an awning, canopy or similar structure bearing only the name of the building or principal occupant and/or the building number. Such sign shall be permitted in addition to other identification signs permitted pursuant to Subsection 20-24.4. Such sign shall not exceed eight square feet in area or 10 inches in height, and no part of such sign shall be located below nor more than 12 inches above the bottom edge of the valance or, in the absence of same, the bottom edge of the awning or canopy. All signs permitted pursuant to this subsection shall conform to the provisions in Subsection 20-24.2q, 7.
g.
An apartment complex or multiple family building containing 10 or more dwelling units may have one identification sign, not exceeding 16 square feet, limited to identifying the name of the complex or building and/or street number. Such sign may be attached to, and shall be parallel with, but not painted on, the front wall of a principal building. In the alternative, such sign may be free-standing providing it is located in the rear half of the front yard setback required for the principal building, that it is not in any side or rear yard, and that the lower edge of such sign shall be not more than two feet above the ground surface. Signs for all other residential uses shall conform with the provisions of Subsection 20-24.3.
h.
A business occupancy consisting of a motor vehicle service station
may have one free-standing, stationary, illuminated or non-illuminated
sign identifying only the company name or brand name of the gasoline
sold, including any associated insignia or emblem, provided that such
sign shall not exceed 45 square feet in area, that the top of such
sign shall not be more than 22 feet above the ground surface, and
that such sign shall not be less than 10 feet from any property line.
1.
Signs affixed to the exterior surfaces of gasoline pumps shall be
permitted, limited to identification of the company name or brand
name of the gasoline sold, including any associated insignia or emblem,
gasoline type and/or grade, and such other information as may be required
by law. Such signs shall not extend or project beyond the surfaces
on which affixed. In addition, price indicator signs not exceeding
150 square inches in area may be attached to, supported by or suspended
from each gasoline pump.
2.
No more than two additional special signs deemed customary and necessary
by the Sign Committee may be permitted provided that no such sign
exceeds four square feet in area and that such signs are either attached
to the front wall of a principal building or located in the rear half
of the front yard setback required for the principal building. "Sandwich"
and/or "portable" signs and signs affixed to canopy structures are
prohibited.
3.
In addition to all other signs permitted in this subsection, a motor vehicle service station may have one permanent, stationary, illuminated or non-illuminated, gasoline price indicator sign attached to the same support stanchion as, but below, the primary business identification sign. Such price sign shall not exceed five feet in height nor four feet in width and shall not be less than 10 feet from the nearest property line. The bottom of such price sign shall not be less than 10 feet above the ground surface, or eight feet if the outer extremities of such price sign are wholly located within a landscaped area. Color limitations pursuant to Subsection 20-24.2n shall apply to the aggregate of all signs attached to the aforesaid support stanchion.
i.
One free-standing identification sign for business occupancies other than the use specified in Subsection h to identify all existing, approved uses or occupancies on the lot and/or the name and/or the street number of the building shall be permitted. If the front yard setback to the principal building is less than 50 feet, such sign shall be in the alternative to, but not in addition to, the sign permitted by Subsection a. Such sign shall be located in the rear half of the front yard setback required for the principal building or 25 feet, whichever is less, and shall be subject to the following conditions:
1.
If the lot frontage is less than 100 feet, the sign area shall not
exceed 20 square feet and the top of the sign shall be not more than
10 feet above the ground surface.
2.
If the lot frontage is between 100 feet and 200 feet, the sign area
shall not exceed 1/5 square feet per foot of frontage and the top
of the sign shall be not more than 1/10 feet above the ground surface
per foot of frontage.
3.
If the lot frontage is over 200 feet, the sign area shall not exceed
40 square feet and the top of the sign shall be not more than 20 feet
above the ground surface.
4.
In the event that locating said sign in accordance with Subsection
I above is not possible due to the location of an approved parking
area or driveway, the Sign Committee may permit said sign to be located
in the front half of the front yard setback required for the principal
building, but in no event closer than 10 feet to any property line.
j.
Notwithstanding anything to the contrary contained herein, a sign
may include a symbol depicting a registered trademark (logo) identifiable
with a specific business or institution provided said symbol is within
the permitted height and width of the sign itself, and further provided
that the width of the symbol is no greater than the permitted height
of the sign. The total area of said symbol shall be included in the
calculation for total allowable sign area, and shall not be in addition
to said allowable area. A symbol depicting a registered trademark
need not conform with the color standards for signs set forth herein.
k.
To maintain the attractive uniformity of signage of Township shopping centers, as designated by the Planning Board, wall-mounted identification signs affixed to business establishments within such centers shall comply with the following conditions, and as such conditions may be codified by the Planning Board, upon the recommendation of the Sign Committee pursuant to Subsection 18A-8.1 of the Land Use Procedures Chapter:
1.
Notwithstanding the provisions of Subsection 20-24.4b, all such signs shall have substantially the same rectangular configuration and color scheme; shall be substantially the same height, not exceeding three feet; and shall have a sign width not exceeding 85% of the width of the business's storefront portion of the building facade on which it is affixed or 30 feet, whichever is less, and
2.
Each such sign shall be located so that it is centered horizontally,
within that portion of the business's storefront facade on which the
sign is affixed; each such sign shall be substantially in line, vertically,
with identification signs affixed to contiguous business establishments;
and, in the event the roof line is irregular in shape or other special
circumstances exist, the location of the sign shall be as specified
by the Sign Committee, and
3.
The exposed molding, trim or casing of the sign and the sign face
shall be plastic, aluminum or other metal, and
4.
The conditions set forth in Subsections 1, 2 and 3 hereof shall only be applicable to building storefronts less than 60 feet in width and then only if there are at least four such storefronts in the principal building, unless the Sign Committee determines that the implementation of the conditions, in any specific instance, would be impractical, unreasonable or unnecessary.
5.
Buildings in shopping centers, as designated by the Planning Board,
with business storefronts equal to or greater than 60 feet in width
may have one wall-mounted identification sign and one logo identifying
each approved business use (which shall be clearly distinct from the
ordinary and customary operations of the principal use; for example,
within a supermarket, a pharmacy, a bank, a liquor store or a catering
operation may each be considered a separate approved business use;
a deli, a bakery, household goods, produce, for example, would not
constitute a separate approved business use) within said storefront,
all of which shall comply with the following conditions;
(a)
Sign/logo height shall not be less than 24 inches nor greater
than 70% of the height of the sign mounting surface facade.
(b)
Each individual sign shall not be greater than 10 feet in height
nor greater than 50 feet in width. Each individual logo shall not
be greater than 10 feet in height nor greater than 10 feet in width.
(c)
The total width of all signs and logos combined shall not be
greater than 75% of the width of the sign mounting surface facade.
(d)
No color restrictions shall apply to logos.
(e)
For the purpose of this section, "Sign Mounting Surface Facade"
shall mean a flat vertical portion of the building wall which is unbroken
by any vertical or horizontal elements, whether or not said elements
are structural or architectural in nature, and whether or not said
elements protrude or do not protrude from the wall surface. Expansion
joints, construction joints, and seams which are the same color as
the facade shall not be considered vertical or horizontal elements.
6.
Notwithstanding the provisions of Subsection 20-24.2i4, contiguous retail businesses which are located exclusively on the second floor of a building may be permitted to attach an identification sign of the front wall of each such establishment if, in specific cases, the Sign Committee or Planning Board determines that alternate permitted locations would not provide adequate identification of such uses or occupancies. Such signs shall otherwise fully conform with the provisions of this section.
l.
Where one or more business establishments on the same or contiguous
properties in any B-3 Zone District contain minimum aggregate floor
areas of 20,000 square feet; common parking areas; minimum front yard
setbacks to all principal buildings of 50 feet; and where such establishments
are determined by the Planning Board to constitute an integrated retail
shopping area, one free-standing directory sign may be permitted which
shall comply with all of the following conditions:
1.
Such sign shall be permitted in lieu of any other free-standing signs
permitted pursuant to Subsection i., and
2.
Such sign may identify all existing, approved uses or occupancies
located within such area, subject to the provisions of Subsection
20-24.2c., and
3.
Such sign shall not exceed 2.25 square feet in area per foot of sign
setback from the nearest property line or a total sign area of 150
square feet, whichever is the lesser, and
4.
The top of such sign shall not be more than one foot above the ground
surface per foot of sign setback from the front property line, but
in no event more than 25 feet above the ground surface nor required
to be less than 10 feet above the same; and
5.
Such sign shall not be located closer than 10 feet to any property
line, and
m.
(Reserved)
[Ord. No. 1797-2017 § 11]
[Ord. No. 890 § 20-24.5; Ord. No. 937; Ord. No.
1171 § 1; Ord. No. 1419 §§ 39, 40; Ord. No. 1464 § 17; Ord. No. 1488 § 19; Ord. No. 1729 § 10]
The following signs shall be permitted subject to all provisions of Subsections 20-24.1 and 20-24.2 and the following conditions:
a.
One identification sign attached to and parallel with, but not painted on, the front wall of a principal building, which sign may identify all existing, approved uses or occupancies within the building and/or the name and/or the street number of the building. A street number sign may be separate from the principal identification sign, subject to the provisions of Subsection 5, of Subsection 20-24.2i.
1.
A principal building located on a lot having frontage on two or more
streets may have an additional identification sign on the wall facing
such additional street or streets. In designated shopping centers,
the same shall apply to applicable business establishments located
at the corners of the principal building.
2.
A principal building served by a rear or side entrance opening on
an approved, off-street public parking area, may, if deemed necessary
by the Sign Committee, have an additional identification sign attached
to the wall of the building fronting on the parking area, same to
be no larger than 50% of the sign permitted on the front wall of the
building.
3.
In no event shall there be more than three identification signs,
and the aggregate area of all such signs shall not exceed 200% of
the area of the sign permitted on the front wall of the building.
b.
For principal buildings with less than 20,000 square feet of building footprint which are not within a Township shopping center, as designated by the Planning Board, the maximum height of any identification sign attached to the front wall of a principal building shall not exceed three feet when measured vertically from its lowest point to the highest point, except as otherwise provided elsewhere herein. The maximum width of such sign shall not exceed 85% of the width of the building wall or 30 feet, whichever is less. In no event shall the area of such sign exceed 15% of the area of the building wall on which it is attached. Sign areas and building wall areas shall be measured in accordance with the provisions of Subsection 20-24.2g.
c.
Notwithstanding anything contained herein to the contrary, any principal
building with 20,000 square feet or more of building footprint not
located within a Township shopping center, as designated by the Planning
Board, may have one wall-mounted identification sign and one logo
on the front wall of the building identifying each approved business
use (which shall be clearly distinct from the ordinary and customary
operations of the principal use; for example, within a supermarket,
a pharmacy, a bank, a liquor store or a catering operation may each
be considered a separate approved business use; a deli, a bakery,
household goods, produce, for example, would not constitute a separate
approved business use) within said building, subject to the following
conditions:
1.
Sign/logo height shall not be less than 36 inches nor greater than
70% of the height of the sign mounting surface facade.
2.
Each individual sign shall not be greater than 10 feet in height
nor greater than 50 feet in width. Each individual logo shall not
be greater than 10 feet in height nor greater than 10 feet in width.
3.
The total width of all signs and logos combined shall not be greater
than 75% of the width of the sign mounting surface facade.
4.
No color restrictions shall apply to logos.
5.
For the purpose of this section, "Sign Mounting Surface Facade" shall
mean a flat vertical portion of the building wall of one color which
is unbroken by any vertical or horizontal elements, whether or not
said elements are structural or architectural in nature, and whether
or not said elements protrude or do not protrude from the wall surface.
Expansion joints, construction joints, and seams which are the same
color as the facade shall not be considered vertical or horizontal
elements.
6.
A principal building served by a rear or side entrance opening on
an approved, off-street public parking area, may have additional identification
signs and logos attached to the wall of the building fronting on the
parking area, subject to the same size limitations as those on the
front building wall.
7.
Notwithstanding the provisions of 20-24.2d directional signage shall
be of adequate size, quantities, and locations as determined by the
Township agency to achieve the goals of the signage wording.
8.
A complete signage plan detailing quantity, size, location and color
of all signs shall be submitted to the appropriate Township agency
as part of any site plan approval request. In the event of any signage
changes to an approved site plan, an amended site plan approval shall
be required.
d.
Signs located within a principal building which are visible or directed
to be seen by the general public from the outside of the building
shall be permitted and shall be exempt from application and permit,
subject to the following conditions:
1.
Such signs shall be limited to permitted and approved retail business
uses and shall not be located above the first floor of any building,
and
2.
Such signs as may be identification signs pursuant to Subsection 20-24.2c shall conform with all regulations herein applicable.
3.
The aggregate area of all such signs shall not exceed 50% of the
area of the windows or other surfaces through which such signs may
be viewed.
e.
One non-illuminated temporary sign advertising the prospective sale
or rental of the premises upon which it is maintained shall be permitted.
Such sign shall not exceed one-fourth square foot in area per foot
of sign setback from the property line, except that no such sign shall
be required to be less than eight square feet nor permitted to be
greater than 12 square feet. Such sign shall be removed within seven
days after the consummation of the lease or sale transaction. The
location of such sign shall conform to location regulations applicable
to permanent identification signs on the same property, and the lower
edge of any such free-standing sign shall not be more than two feet
above the ground surface.
f.
Notwithstanding the various provisions contained herein, a sign may
include a symbol depicting a registered trademark (logo) provided
that said symbol is within the permitted height and width of the sign
itself, and further provided that the width of the symbol is no greater
than the permitted height of the sign. Said symbol need not conform
with any color requirements for the main body of the sign nor any
color limits. The total area of the symbol shall be included in the
calculation for total allowable sign area, and shall not be in addition
to said allowable area.
g.
To maintain the attractive uniformity of signage at Township shopping centers, as designated by the Planning Board, wall-mounted identification signs affixed to business establishments within such centers shall comply with the following conditions, and as such conditions may be codified by the Planning Board, upon the recommendation of the Sign Committee pursuant to Subsection 18A-8.1 of the Land Use Procedures Chapter:
1.
Notwithstanding the provisions of Subsection 20-24.5b all such signs shall have substantially the same rectangular configuration and color scheme, shall be substantially the same height, not exceeding three feet; and shall have a sign width not exceeding 85% of the width of the business's storefront portion of the building facade on which it is affixed or 30 feet, whichever is less, and
2.
Each such sign shall be located so that it is centered, horizontally,
within that portion of the business's storefront facade on which the
sign is affixed; each sign shall be substantially in line, vertically,
with identification signs affixed to contiguous business establishments;
and, in the event the roof line is irregular in shape or other special
circumstances exist, the location of the sign shall be as specified
by the Sign Committee, and
3.
The exposed molding, trim or casing of the sign and the sign face
shall be plastic, aluminum or other metal, and
4.
The conditions set forth in Subsections 1, 2 and 3 hereof shall only be applicable to building business storefronts less than 60 feet in width and then only if there are at least four such storefronts in the principal building, unless the Sign Committee determines that the implementation of the conditions, in any specific instance, would be impractical, unreasonable or unnecessary, and
5.
Buildings in shopping centers, as designated by the Planning Board,
with business storefronts equal to or greater than 60 feet in width
may have one wall-mounted identification sign and one logo identifying
each approved business use (which shall be clearly distinct from the
ordinary and customary operations of the principal use; for example,
within a supermarket, a pharmacy, a bank, a liquor store or a catering
operation may each be considered a separate approved business use;
a deli, a bakery, household goods, produce, etc. would not) within
said storefront, all of which shall comply with the following conditions:
(a)
Sign/logo height shall not be less than 36 inches nor greater
than 70% of the height of the sign mounting surface facade.
(b)
Each individual sign shall not be greater than 10 feet in height
or greater than 50 feet in width. Each individual logo shall not be
greater than 10 feet in height nor greater than 10 feet in width.
(c)
The total width of all signs and logos combined shall not be
greater than 75% of the width of the sign mounting surface facade.
(d)
No color restrictions shall apply to logos.
(e)
For the purpose of this section, "Sign Mounting Surface Facade"
shall mean a flat vertical portion of the building wall which is unbroken
by any vertical or horizontal elements, whether or not said elements
are structural or architectural in nature, and whether or not said
elements protrude or do not protrude from the wall surface. Expansion
joints, construction joints, and seams which are the same color as
the facade shall not be considered vertical or horizontal elements,
and
6.
Buildings served by a rear or side entrance opening on an approved,
off-street public parking area, may have additional identification
signs and logos attached to the wall of the building fronting on the
parking area, subject to the same size limitations as those on the
front building wall.
h.
A pylon or freestanding sign, detached from the building in a planned
shopping center containing a minimum floor area of 20,000 square feet
shall be permitted subject to the following conditions:
1.
There may be one such sign for the planned shopping center identifying the name of the center and having annexed thereto signs listing occupants in the shopping center area, which may be illuminated, and shall be box type. Where the planned shopping center has frontage on two arterial streets, pursuant to Subsection 19-9.1d of the Subdivision of Land Ordinance, one such sign may be permitted along each such street.
2.
The area of the shopping center sign, including the name of the center
and all occupant sign inserts, shall not exceed 150 square feet. The
top of the sign shall not exceed the height of the highest building
in the shopping center or 28 feet, whichever is less. The sign shall
not be within 25 feet of any street right-of-way.
i.
One identification sign shall be permitted on an awning, canopy or similar structure subject to the provisions of Subsection 20-24.4f.
j.
Except for planned shopping centers, one pylon or freestanding identification sign per principal building to identify all existing, approved uses or occupancies on the lot and/or the name and/or the street number of the building(s) shall be permitted. If the front yard setback to the principal building is less than 50 feet, such sign shall be in the alternative to, but not in addition to, the sign permitted by Subsection a. Such sign shall be located in the rear half of the front yard setback required for the principal building or set back 25 feet, whichever is less, and shall be subject to the following conditions:
1.
If the lot frontage is less than 100 feet, the sign area shall not
exceed 20 square feet and the top of the sign shall be not more than
10 feet above the ground service.
2.
If the lot frontage is between 100 feet and 200 feet, the sign area
shall not exceed 1/5 square feet per foot of frontage and the top
of the sign shall be not more than 1/10 feet above the ground surface
per foot of frontage.
3.
If the lot frontage is between 200 feet and 500 feet, the sign area
shall not exceed 40 square feet and the top of the sign shall not
be more than 20 feet above the ground surface.
4.
If the lot frontage is over 500 feet, the sign area shall not exceed
150 square feet and the top of the sign shall be not more than 20
feet above the ground surface.
[Ord. No. 890 § 20-24.6; Ord. No. 1464 § 18; Ord. No. 1488 § 20; Ord.
No. 1580 § XIX]
The following signs shall be permitted subject to all provisions of Subsections 20-24.1 and 20-24.2 and the following conditions:
a.
One identification sign attached to and parallel with, but not painted on, the front wall of a principal building, which sign may identify all existing, approved uses or occupancies within the building and/or the name and/or the street number of the building. A street number sign may be separate from the principal identification sign, subject to the provisions of Subsection 5 of Subsection 20-24.2i.
1.
A principal building located on a lot having frontage on two or more
streets may have an additional identification sign on the wall facing
the additional street or streets.
2.
A principal building served by a rear or side entrance opening on
an approved, off-street public parking area, may, if deemed necessary
by the Sign Committee, have an additional identification sign attached
to the wall of the building fronting on the parking area, same to
be no larger than 50% of the sign permitted on the front wall of the
building.
3.
In no event shall there be more than three identification signs,
and the aggregate area of all such signs shall not exceed 200% of
the area of the sign permitted on the front wall of the building.
b.
The maximum height of any identification sign attached to the wall of a principal building shall not exceed three feet in any M-1 Zone District or four feet in any M-2 Zone District, when measured vertically from its lowest point to its highest point, except as otherwise provided elsewhere herein. The maximum width of such sign shall not exceed 80% of the width of the building wall or 30 feet, whichever is less. In no event shall the area of such sign exceed 15% of the area of the building wall on which it is attached. Sign areas and building wall areas shall be measured in accordance with the provisions of Subsection 20-24.2g.
c.
In the alternative to, but not in addition to, the identification sign permitted by Subsection a above and under the same message content restrictions as set forth in said subsection, one free-standing identification sign in the rear half of the front yard setback required for the principal building providing that such sign shall not be in any side or rear yard, that the lower edge of such sign shall not be more than two feet above the ground surface and that the sign dimensions conform to the following:
1.
The width of the sign shall be not more than 10% of the width of
the building in front of which the sign is placed, and in no event
shall the sign width exceed 10 feet in any M-1 Zone District or 12
feet in any M-2 Zone District.
2.
The height of the sign shall not exceed 1/2 the width, and in no
event shall the sign height exceed five feet in any M-1 Zone District
or six feet in any M-2 Zone District.
d.
An industrial park may, subject to the approval of the Sign Committee,
have one illuminated or non-illuminated directory sign, not exceeding
70 square feet in area, identifying the name of the industrial park
and the names of the industries located therein, at the entrance to
or location within the industrial park along a highway or road, but
in no event located within or adjacent to a residential area. Such
sign shall not be within 10 feet of any street right-of-way line and
may be located without the industrial park only upon the property
owner's written authorization of same filed with the application.
e.
Principal buildings with approved multiple occupancies which are in full conformance with Subsection 20-13.5 may have additional signage subject to the provisions of this subsection.
2.
Notwithstanding the provisions of Subsection 20-24.6a limiting the quantity of identification signs attached to the front wall of a principal building to one, principal buildings with a front building wall width of at least 100 feet may have two identification signs attached to the front wall of a principal building, providing they conform to all other provisions of Subsection 20-24.6a and the following:
(b)
The maximum height of any sign shall be in accordance with the provisions of Subsection 20-24.6b.
(c)
No such sign height shall be less than 90% nor greater than
110% of the height of any other such sign.
(d)
Notwithstanding the provisions of Subsection 20-24.6b., the maximum width of any such sign shall be no greater than 50% of the width permitted for identification signs attached to the wall of a principal building by the provisions of Subsection 20-24.6b.
(e)
No such sign shall be mounted closer than 60 feet to any other
such sign on the front building wall of the principal building.
(f)
No such sign shall identify an occupancy or use identified on
any other such sign.
(g)
In cases where an applicant is applying to add an additional identification sign to the front wall of a principal building which has an existing identification sign, the applicant shall provide to the Sign Committee of the Planning Board any and all dimensions of the existing sign which said Committee requests in order to insure that the provisions of Subsection 20-24.6e2 are met.
3.
Notwithstanding the provisions of Subsection 20-24.6c limiting the quantity of freestanding identification signs to one principal buildings with a front building wall width of at least 100 feet may have two freestanding identification signs as an alternative to, but not in addition to, the identification signs permitted by Subsections 20-24.6a and 20-24.6e2, provided they conform to all other provisions of 20-24.6c and the following:
(b)
No such sign shall be located within 80 feet of any other such
sign on the same property.
(c)
No such sign shall identify an occupancy or use identified on
any other such sign.
(d)
In cases where an applicant is applying to add an additional freestanding identification sign to a principal building which has an existing freestanding identification sign, the applicant shall provide to the Sign Committee of the Planning Board, any and all dimensions which said Committee requests in order to insure that the provisions of Subsection 20-24.6e3 are met.
[Ord. No. 890 § 20-24.7; Ord. No. 1464 § 19; Ord. No. 1488 § 21]
The following signs shall be permitted subject to all provisions of Subsections 20-24.1 and 20-24.2 and the following conditions:
a.
One identification sign may be attached to and shall be parallel with, but not painted on, the front wall of a principal building, which sign shall be limited to identifying the name of the building or principal occupant and/or the street number of the building. The maximum height of such sign shall not exceed three feet when measured vertically from its lowest point to its highest point, except as otherwise provided elsewhere herein. The maximum width of such sign shall not exceed 80% of the width of the front wall of the building or 20 feet, whichever is less. In no event shall the sign area exceed 15% of the area of the building wall on which it is attached. A street number sign may be separate from the principal identification sign, subject to the provisions of Subsection 5 of Subsection 20-24.2i.
b.
In the alternative to, but not in addition to, the identification sign permitted by Subsection a above, and under the same message content restrictions as set forth in said subsection, one free-standing identification sign may be permitted in the rear half of the front yard setback required for the principal building providing that the maximum width of such sign shall not exceed 10% of the width of the building in front of which the sign shall be placed or 10 feet, whichever is less, and that the maximum height shall not exceed 1/2 the sign width permitted herein, and that the lower edge of such sign shall not be more than two feet above the ground surface.
c.
No sign shall be placed in the required side or rear yards, nor on
the side or rear of any building.
[Ord. No. 890 § 20-24.8]
The following signs shall be permitted subject to all provisions of Subsections 20-24.1 and 20-24.2 and the following conditions:
a.
One identification sign may face each public street, identifying
the permitted use, which sign shall not be greater than 12 square
feet in area and set back at least 15 feet from any property line.
[Ord. No. 890 § 20-25.2; Ord. No. 937]
If the provisions of any section, subsection, paragraph, subsection
or clause of this chapter shall be judged invalid by a court of competent
jurisdiction, such order or judgment shall not affect or invalidate
the remainder of any section, subsection, paragraph, subparagraph
or clause of this chapter and, to this end, the provisions of each
section, Subsection, paragraph, subsection or clause of this chapter
are hereby declared to be severable.
[Ord. No. 890 § 20-25.2; Ord. No. 937]
This chapter being necessary for the welfare of the Township
and its inhabitants shall be considered liberally to effect the purposes
thereof.
[Ord. No. 890 § 20-25.3; Ord. No. 937]
This chapter shall take effect immediately upon adoption and
publication according to law.
