Borough of New Milford, NJ Article IV Zoning Regulations

§ 30-20 GENERAL PROVISIONS.

§ 30-20.1 Readoption of Zoning Regulations.

[Ord. No. 77:1]

Pursuant to Section 77, Chapter 291, Laws of New Jersey 1975, and pending the adoption of a Zoning Ordinance, the Zoning Ordinance of the Borough adopted September 20, 1949, as amended, including every amendment thereof heretofore passed, is hereby readopted in its entirety as an interim Zoning Ordinance so that the same shall read as follows.

§ 30-20.2 Purpose.

[Ord. No. 77:1]

In interpreting and applying this article the provisions hereof shall be held to be the minimum requirements adopted for the purpose of:

a. Promoting the health, safety, morals and general welfare of the community.

b. Lessening congestion in the streets.

c. Securing safety from fire, panic and other dangers.

d. Preventing the overcrowding of land and avoiding undue concentration of population.

e. Facilitating adequate provisions of transportation, water, sewerage, schools, parks and other public requirements.

f. Conserving the value of buildings and encouraging the most appropriate use of land throughout the Borough.

g. Providing for public health, comfort and general welfare in living and working conditions.

h. Regulating and restricting the location of trades and industries and location of buildings designed for specified uses.

i. Regulating and limiting the height and bulk of buildings hereafter erected and for the purpose of regulating and determining the area of yards, courts and other open spaces for buildings hereafter erected.

j. Regulating the use and extent of use of land.

§ 30-20.3 Scope.

[Ord. No. 77:1]

a. It is not intended by this article to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or impliedly repealed by this article, or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto.

b. Where this article imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or lot coverage or requires greater lot area or larger yards or other open spaces than are imposed or required by such rules, regulations or permits or by such private restrictions, the provisions of this article shall control.

§ 30-20.4 Zones Established.

[Ord. No. 77:1; Ord. No. 80:10; Ord. No. 85:1 § 17; Ord. No. 91:16 § XX; Ord. No. 2005:25; Ord. No. 2016:05; Ord. No. 2017:01]

For the purpose of this article, the Borough is divided into eight classes of zones:

a. Residential A Zones.

b. Residential B Zones.

c. Residential C/Multifamily Zones.

d. Residential D/Townhouse Zones.

e. Residential E/Multi-Family Townhome Zones.

f. Business Zones.

g. Office/Service Zones.

h. Light Industrial Park Zones.

i. Mixed Use Planned Unit Development Zones.

§ 30-20.5 Zoning Map. [1]

[Ord. No. 77:1; Ord. No. 92:14 § 1; Ord. No. 2017:01]

a. Such districts shall have the boundaries and areas as shown on the map accompanying this chapter and made a part hereof and entitled "Zoning Map Borough of New Milford, Bergen County accompanying Zoning Ordinance 1949 as amended, map revised May 1, 1992" and the several districts as therein laid out are hereby established.

b. The districts created by this section, as well as the regulations, limitations and restrictions hereinafter set forth, may be changed, modified or altered in the manner provided by Chapter 291 of the Laws of New Jersey 1975.

c. Amendments. Pursuant to Ordinance No. 2017:01, Block 1309, Lot 1.02 and Block 501, Lots 9 and 10 are included in the Mixed Use Planned Unit Development Zone.

[1] Editor's Note: The Zoning Map currently provided by the Borough was prepared by Boswell McClave Engineering, revised Novermber 6, 2006, and may be found at the end of this Chapter 30.

§ 30-20.6 Prohibited Uses.

[Added 9-23-2019 by Ord. No. 2019:19]

Any use not specifically permitted in a zoning district established by the Zoning Chapter is hereby expressly prohibited from that district.

a. It is the policy of the Borough that the following uses are specifically prohibited in all zoning districts:

1. Businesses selling dispensing, manufacturing, growing, cultivating, storing, handling, processing, packaging, delivering or producing medicinal and recreational cannabis, cannabis products, and related supplies are a prohibited use in all zones in the Borough of New Milford.

2. All cannabis-related facilities, including clinics, treatment centers and dispensaries.

3. Businesses where cannabis, cannabis products, and related supplies are sold, dispensed, manufactured, grown, cultivated, stored, handled, processed, packaged, delivered or produced.

4. Medical cannabis dispensary or clinical registrant holding a medical cannabis consumption area endorsement.

5. All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.

[Added 6-14-2021 by Ord. No. 2021:07]

b. All ordinances or parts thereof, which are inconsistent with the provisions of this subsection, are hereby repealed to the extent of their inconsistencies.

c. In the event any section, part or provision of this subsection shall be held unconstitutional or invalid by any court, such holding shall not affect the validity of this subsection or any remaining part of this subsection other than the part held unconstitutional or invalid.

d. This subsection shall be subject to review and recommendation by the Borough Planning Board in accordance with N.J.S.A. 40:55D-26.

e. The County Planning Board shall be provided notice of this proposed subsection in accordance with N.J.S.A. 40:27-6.10.

f. This subsection shall take effect immediately upon its final passage and publication as required by law and filing with the Bergen County Planning Board.

§ 30-21 RESIDENTIAL A ZONES.

§ 30-21.1 Permitted Uses.

[Ord. No. 77:1; Ord. No. 90:4 § 1; Ord. No. 91:16 § XXI; Ord. No. 97:10 § I]

In Residential A Zones, no land, building or structure shall be used and no building or structure shall be built, altered or erected on land to be used for any purpose other than as follows:

a. One-family dwellings.

b. Public parks and public recreation grounds.

§ 30-21.2 Accessory Uses.

[Ord. No. 77:1; Ord. No. 90:4 § 2; Ord. No. 2011:24]

a. There shall be permitted such accessories as are customarily incident to the foregoing uses and are not injurious to the district primarily a place of residence, as follows:

1. A home professional office shall be limited to 50% of the building area of the first floor or 750 square feet, whichever shall be less, and subject to the following:

(a) Those who may have a home professional office include the following professionals: physician, dentist, nurse, architect, planner, engineer, land surveyor, psychologist, marriage counselor, osteopath, podiatrist, chiropodist, chiropractor, physical therapist, occupational therapist, real estate broker, accountant, attorney, teacher, tutor so long as the requirements stated in all subsections of this section are met.

(b) The resident(s) of the dwelling or premises shall have a proprietary interest in the home professional business.

(c) There shall be no change in the outside appearance of the dwelling or property or other visible evidence of the conduct of such home professional business except that one sign may be erected in compliance with subsection 30-29.3.

(d) The professional home office business shall be carried on wholly within the principal building and shall not be conducted in any accessory building or outside the dwelling.

(e) No goods may be manufactured in the dwelling or on the property.

(f) No equipment or process shall be used in such home professional office which creates noise, vibration, glare, fumes, odors or electrical interference or which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.

2. A private garage.

3. An accessory building.

b. A driveway or walk used for access to a business or industrial use shall in no case be permitted as an accessory use.

§ 30-21.3 Inclusion of Certain Lands in District.

[Ord. No. 77:1; Ord. No. 79:11; Ord. No. 85:1 § 15; Ord. No. 90:1 § 3; Ord. No. 91:16 § XXII; Ord. No. 92:10 § II]

The following lands and premises known and designated as Block 902 Lots 2, 3, 4; Block 906 Lots 16, 17, 18, 19; Block 907 Lot 24; Block 1104 Lots 4, 5, 6, 7, 8, 9; Block 116 Lots 3, 4, 5; Block 1214 Lot 19; Block 1404 Lot 9; Block 612 Lot 2; Block 117 Lot 1; Block 1109 Lot 4; Block 1110 Lot 2; Block 612 Lot 5; Block 903 Lot 14; Block 202 Lot 49; Block 1006 Lot 8; Block 311 Lot 1.02; Block 318 Lot 51; Block 1115 Lot 1.01; Block 1511 Lots 1.01, 1.02; Block 1011 Lots 14.01, 14.02; Block 607 Lots 2.01, 2.02, 2.03, 2.04; Block 1503 Lots 1.01, 1.02, 1.03; Block 1501 Lot 1; Block 1310, Lot 16, as shown on the current assessment map of the Borough of New Milford be and the same are hereby located and included in Residential "A" zones and subject to all of the terms and conditions, regulations, restrictions and requirements which apply to Residential "A" zones.

§ 30-21.4 Area Requirements. [1]

[Ord. No. 77:1; Ord. No. 90:4 § 4; Ord. No. 91:16 § XXIII; Ord. No. 94:10 § I; Ord. No. 2005:26; Ord. No. 2018:15]

a. In Residential A Zones, each dwelling hereafter erected, together with its accessory buildings and structures shall be located on a lot having an average width of not less than seventy-five (75') feet, provided that, in calculating the average width of a lot, the portions thereof more than one hundred (100') feet distant from the street line shall be disregarded, it being intended that each building lot shall have a minimum area of 7,500 square feet. There shall be not more than one dwelling on any lot.

b. No one-family dwelling hereafter erected shall occupy a ground area of less than 1,000 square feet, exclusive of porches and garages, where all living spaces are located on one floor, and not less than 500 square feet per floor where living spaces are equally divided on two floors. To constitute a second floor containing 500 square feet, 75% of the floor area shall have a ceiling height of not less than seven (7') feet six (6") inches. Finished living spaces in basements or attics shall not constitute any part of the required area.

c. Maximum Building and Impervious Coverage Requirements. Within the Residential A and Residential B Zones, maximum building coverage requirements shall be as follows:

1. Maximum building coverage: 20 percent.

2. Maximum total impervious coverage: 40 percent.

d. The standards set forth in Chapter 25-1 et. seq. of the Borough Code are hereby incorporated herein and are applicable to properties located within Areas of Special Flood Hazard within the Residential A and Residential B zoning districts.

[Added 12-19-2022 by Ord. No. 2022:25]

[1] Editor's Note: See also Schedule of Zoning Limitations which may be found as an attachment to this chapter.

§ 30-21.5 Yards.

[Ord. No. 77:1; Ord. No. 91:16 § XXIV; Ord. No. 97:09 § 2; Ord. No. 2018:15]

a. Front Yards.

1. No new building shall be erected and no existing building shall be altered or reconstructed to project beyond the average setback line of the buildings situated within the same block and within two hundred (200') feet of either side lot line and measured in a direction parallel to the street on which the lot faces.

2. No dwelling house either existing or in the process of construction at the time of the passage of this chapter shall be deemed to be nonconforming as to minimum frontage and minimum plot area, but such construction or alteration shall be otherwise in conformity with the provisions of this chapter.

3. Where there is no existing building in the block, the minimum front yard setback shall be 30' feet from the front lot line.

4. In case of a corner lot, the owner shall designate either of the two exterior yards as the front yard, the other to be governed by the side yard provision of this subsection.

b. Rear Yards. There shall be a rear yard of not less than 25% of the depth of the lot at the ground level, except that a rear yard shall not be less than twenty (20') feet deep. A building on a lot extending through from street to street shall observe the front yard restrictions on each street in lieu of a rear yard as provided above.

c. Side Yards.

1. There shall be two side yards. The least dimension of either side yard shall be not less than ten (10') feet; provided, however, that in the case of a corner lot, the exterior side yard shall be not less than thirty (30') feet in width and the interior side yard not less than ten (10') feet in width.

2. Each side yard of an interior lot having a frontage of sixty-five (65') feet or more shall be not less than ten (10') feet; where a lot has a frontage less than sixty-five (65') feet, each side yard shall be not less than seven and one-half (7 1/2') feet. However, in the case of a corner lot, the exterior side yard shall be not less than thirty (30') feet.

3. An accessory building on a corner lot shall be set back a distance equal to the average setback line of the buildings situated on the side street. Where there is no established setback line, the accessory building shall be set back a minimum of 30' feet from the street line.

4. No building to be used as a dwelling shall be constructed or altered in the rear of a building situated on the same lot, nor shall any building be constructed in front of or moved to the front of a dwelling situated on the same lot. These provisions shall not be construed, however, as preventing the erection, alteration and maintenance of dwelling quarters in connection with an accessory building upon the rear of the lot when the persons occupying such quarters are employed in domestic service upon the premises.

5. Setback and side yards for accessory buildings. No accessory building shall be nearer than ten (10') feet to either side yard, nor shall any accessory building be nearer than five (5') feet to any rear line.

6. A detached garage shall have a side yard of at least five (5') feet regardless of lot frontage but shall not be nearer than five (5') feet to any rear lot line, provided that the garage is set back beyond the rear of existing buildings.

7. A shed shall have a side yard of at least five (5') feet regardless of lot frontage and shall not be closer than five (5') feet to any rear lot line.

§ 30-21.6 Height.

[Ord. No. 77:1; Ord. No. 90:5 § 5; Ord. No. 91:16 § XXV; Ord. No. 97:03 § 2; Ord. No. 97:09 § 3; Ord. No. 2006:15; Ord. No. 2008:06]

Subject to the exceptions provided hereinafter, no dwelling erected, altered or reconstructed shall exceed two and one-half (2 1/2) stories nor thirty (30') feet in height (see Height of Building definition subsection 30-2.1). Nor shall the height of any dwelling be less than eighteen (18') feet.

a. The height of any accessory building or structure shall in no case exceed fifteen (15') feet.

b. A person or entity which constructs, alters or reconstructs a dwelling shall not alter the existing natural grade of the property by more than two (2') feet.

c. The height of a shed shall not exceed nine (9') feet.

§ 30-21.7 Conditional Uses.

[Ord. No. 97:10 § II]

The following uses are conditionally permitted uses in all zones in the Borough of New Milford:

a. Public, private and parochial schools.

b. Houses of worship.

§ 30-21.8 Conditions for Conditionally Permitted Uses.

[Ord. No. 97:10 § II]

These uses are subject to the following requirements which shall the precedence over any conflicting regulation for the zone district in which the use is located.

a. Lot Size. Minimum lot size per building lot shall be two acres. No school or house of worship shall exceed thirty-two (32') feet and two stories in height except that spires and cupolas shall not exceed forty-seven (47') feet in height when combined with the building height.

b. Parking. One parking space must be provided for each permanent seat in a house of worship. Seating in schools shall be calculated using seats or gross floor area in the auditorium or largest meeting room in the school. Pews or bench seating is calculated as having one fixed seat per each twenty (20") inches of length. If no fixed permanent seating is provided, then one space for every 40 square feet of gross floor area shall be provided.

c. Front and Rear Yards. The front yard shall be fifty-five (55') feet from the center line of the road or the average setback of the street upon which the building is located. The rear yard shall be twenty-five (25') feet and each side yard shall also be twenty-five (25') feet.

d. Maximum Building Coverage. The total gross ground floor area of all buildings shall not exceed 25% of the area of the lot. The total impervious coverage per lot shall not exceed 40% of the lot area for a total lot coverage not to exceed 65% of the lot.

e. Buffering. A buffer strip of ten (10') feet minimum shall be provided on the side and rear yards. This buffer strip shall provide a year round visual screen consisting of plantings, fencing, evergreens, ferns or a combination thereof in order to minimize adverse impacts on the adjacent property or from adjacent areas. The height of the planting buffer shall be a minimum of six (6') feet. A four (4') foot fence shall be installed along each side and rear yard of the property.

f. Parking Lot Landscaping. At least 5% of the interior parking area shall be landscaped with plantings, and one tree for each 10 parking spaces shall be installed. No parking spaces shall be located in the required front yard areas and the parking lot frontage shall be adequately screened.

g. Lighting. Non-corrosive ornamental lighting shall be provided and shielded to direct illumination downward for walks, steps, and parking areas and roadways to insure safe and convenient night time use.

§ 30-21.9 Base of Structures.

[Added 12-19-2022 by Ord. No. 2022:25]

All new or elevated structures shall comply with the following requirements:

a. The maximum exposed foundation of structures that are built on conventional concrete or concrete block foundations shall be 36 inches. Treatment is required for exposed foundations in excess of the thirty-six-inch limit and shall include treatments such as natural or faux stone facing, brick facing, wood batten, lattice or siding. Treatment shall not include a skim coat of mortar over concrete block work.

b. Structures that are built on piling or pier type foundations shall enclose the entire foundation with a finished architectural treatment, such as stone, masonry, framed lattice, framed louvers or siding, to enclose the entire foundation, the same to be reviewed and approved by the Construction Official.

§ 30-22 RESIDENTIAL B ZONES.

§ 30-22.1 Permitted Uses.

[Ord. No. 77:1; Ord. No. 91:16 § XXVI]

In Residential B Zones, no land, building or structure shall be used and no building shall be built, altered or erected to be used for any purpose other than as permitted in Residential A Zones, except as follows:

a. Two-family dwellings.

b. Membership clubs and social and recreation buildings, except those in which the chief activity is a service carried on as a business.

c. Libraries, museums and art galleries.

§ 30-22.2 Area, Yard and Height and Impervious Lot Coverage Requirements.

[Ord. No. 77:1; Ord. No. 2005:26]

a. Regulations controlling areas, yards, heights of building and open spaces, building and impervious lot coverage in Residential B Zones shall be the same as in Residential A Zones.

b. All yard setbacks shall be measured from the nearest point of the exterior building wall to the property line.

c. No two-family dwelling hereafter erected or altered shall occupy a ground area of less than 1,400 square feet, exclusive of porches and garages, where all living spaces are located on one floor, and not less than 700 square feet per floor where living spaces are equally divided on two floors. To constitute a second floor containing 700 square feet, 75% of the floor area shall have a ceiling height of not less than seven feet six (7'6") inches. Finished living spaces in basements or attics shall not constitute any part of the required area. The above requirements shall apply to any proposed alteration of a one-family dwelling to a two-family dwelling.

§ 30-22.3 Inclusion of Certain Lands in District.

[Ord. No. 91:16 § XXVII]

The following lands and premises known and designated as Block 1202 Lots 9, 10, 11 and 12; and Block 1203 Lot 17 as shown on the current assessment map of the Borough of New Milford be and the same are hereby located and included in Residential B zone are subject to all the terms, conditions, regulations, requirements and restrictions which apply to Residential B zones. The current Zoning Map of the Borough of New Milford is hereby amended accordingly.

§ 30-23 RESIDENTIAL C/MULTIFAMILY ZONE. [1]

[1] Editor's Note: Prior ordinance history: Ordinance Nos. 77:1, 86:11, 91:16, 2013:19.

§ 30-23.1 Use Regulations.

[Ord. No. 2014:13]

a. Permitted Principal Uses:

1. Low-rise multifamily dwellings.

2. Mid-rise multifamily dwellings.

b. Permitted Conditional Uses, Subject to the Requirements of Subsection 30-21.8:

1. Public, private and parochial schools.

2. Houses of worship.

c. Permitted Accessory Uses:

1. Signs.

(a) One sign identifying the development located at the entrance to such development. Such a sign shall have a maximum of two sign faces each not to exceed 25 square feet per side, and shall not exceed six (6') feet in height, inclusive of a base or other supporting structure.

(b) In a development with frontage on more than one street, additional development identification signs that comply with the regulations of subsection 30-23.1c1(a) shall be permitted. The total number of development identification signs shall not exceed one sign for every five acres of tract area.

(c) One sign identifying the location of a sales or leasing office shall be permitted. Such a sign shall have a maximum of two sign faces each not to exceed nine square feet per side, and shall not exceed six (6') feet in height, inclusive of a base or other supporting structure. In a development with a tract area greater than 10 acres, a maximum of two additional signs identifying the location of a sales or leasing office that comply with the requirements of this subsection shall be permitted.

(d) Other signs shall be provided as otherwise regulated in Borough ordinances.

2. Recreational uses such as, but not limited to, common open spaces, walking paths, gazebos, swimming pools, putting greens, and tennis, shuffleboard and bocci courts.

3. Fences and walls.

4. Administration, maintenance, storage and utility buildings, including leasing and management offices.

5. Clubhouses.

6. Off-street parking, including parking structures and parking areas within residential buildings.

§ 30-23.2 Bulk Regulations.

[Ord. No. 2014:13]

a. Low-Rise Multifamily Dwellings:

1. Minimum lot area: 2 acres.

2. Minimum front yard: 30 feet. The minimum front yard shall be provided along all public streets.

3. Minimum side yard: 20 feet.

4. Minimum rear yard: 20 feet.

5. Minimum space between buildings: 20 feet.

6. Maximum density: 16 dwelling units per acre, except that the maximum permitted density shall be increased when the requirements for the provision of affordable dwelling units in subsection 30-23.3 are met.

7. Maximum building coverage: 50%.

8. Maximum impervious coverage: 75%.

9. Maximum principal building height: two and one-half stories/35 feet of habitable space. Flat roofs are specifically prohibited, except where necessary to permit mechanical equipment or other appurtenances as primary roof structures except for parking garages which are shielded from public view by other structures.

10. Maximum accessory building height: one story/15 feet.

b. Mid-Rise Multifamily Dwellings:

1. Minimum lot area: 2 acres. However, a minimum tract area of 25 acres shall be required to permit buildings 3 stories or greater in height.

2. Minimum front yard: 25 feet. The minimum front yard shall be provided along all public streets. A clubhouse, leasing office, or recreation building may be located within a front yard, but shall be set back at least 10 feet from a street.

3. Minimum side yard: 25 feet for buildings up to 40 feet in height, 50 feet for buildings over 40 feet in height.

4. Minimum rear yard: 50 feet.

5. Minimum setback from any lot developed with a single-family dwelling: 65 feet from a building facade less than 100 feet in length, 85 feet from a building facade 100 feet or greater in length.

6. Minimum space between buildings: 25 feet from end to end, 50 feet at any other location.

7. Maximum density: 24 dwelling units per acre, except that the maximum permitted density shall be increased when the requirements for the provision of affordable dwelling units in subsection 30-23.3 are met.

8. Maximum building coverage: 40%.

9. Maximum impervious coverage: 65%.

10. Maximum principal building height: three and one-half stories/48 feet of habitable space. Flat roofs are specifically prohibited, except where necessary to permit mechanical equipment or other appurtenances as primary roof structures except for parking garages which are shielded from public view by other structures.

(a) An additional one story, not to exceed 10 feet in height, shall be permitted for a building that is located around the perimeter of a parking garage and is designed to screen it from view.

(b) An additional 2 stories, not to exceed 20 feet in height, shall be permitted for a building that is setback 150 feet or more from the boundary of the R-A zone.

11. Maximum accessory building height: one story/15 feet, except that the height limit may be increased to 30 feet for a recreation or clubhouse building that has a peaked roof.

12. Maximum length of a facade without a vertical element in facade design: 75 feet.

§ 30-23.3 Affordable Housing.

[Ord. No. 2014:13]

a. All development in the R-C district that results in a net increase in the number of dwelling units shall be required to provide a setaside of affordable dwelling units.

b. The maximum residential density shall be increased to 25 units per acre for low-rise multifamily dwellings and 38 units per acre for mid-rise multifamily dwellings, with a minimum affordable housing set-aside of 10 percent of the net increase in dwelling units in the development, unless a greater amount is required by State regulations at the time site plan approval is granted. A minimum of 10 percent of the affordable units shall be affordable to households earning 30 percent or less of the area median income for the Council on Affordable Housing region. Affordable housing units shall not be required to be provided on tax map lots that are less than 40,000 square feet in area, but the developer shall post a contribution to the Borough's affordable housing trust fund in lieu of providing affordable housing on site. The developer shall demonstrate to the Planning Board that the affordable housing obligation shall not be shifted to the municipality.

c. Affordable dwelling units shall comply with the applicable rules of the Council on Affordable Housing.

§ 30-23.4 Other Regulations.

[Ord. No. 2014:13]

a. Parking.

1. All parking shall be confined to the areas specifically designated on the site plan for that purpose. Parking may be provided in surface parking lots, within residential structures and within garages.

2. Parking shall be provided in accordance with the requirements of the New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21, as amended, which are as follows for low-rise and mid-rise multifamily dwellings:

Studio/one-bedroom unit: 1.8 spaces per unit

Two-bedroom unit: 2.0 spaces per unit

Three-bedroom unit: 2.1 spaces per unit

The above requirements include provisions for guest parking (0.5 spaces per dwelling unit).

3. No outdoor surface parking area shall be permitted closer to a building than 10 feet. Parking areas may be constructed in the rear and side yards but in no event closer than 10 feet to a side or rear lot line. No parking areas shall be constructed within a front yard setback area.

4. Exposed parking areas underneath buildings are prohibited. Below-building parking within the building footprint shall only be permitted when such parking is screened by permitted uses or by architectural detailing. The architectural detailing for parking areas shall use a similar or complimentary type and quality of materials as the remainder of the building.

5. Parking garages shall be fully surrounded by a residential building, other than an access point to the garage through the residential building.

6. Parking garages within or surrounded by a building shall comply with the yard requirements for principal buildings.

b. Street Trees, Landscaping and Buffering. All areas of a multifamily dwelling development not used for the construction of buildings, roads, accessways, parking areas or sidewalks shall be fully landscaped. Street trees shall be provided along all public streets, with a maximum distance between trees of 40 feet on center. Buffer areas with a minimum depth of 15 feet shall be provided along all boundaries of the R-A zone.

c. Recreation. Adequate and sufficient open space shall be provided, consisting of at least 15 percent of the tract area. Recreation facilities shall be provided to serve the residents of a mid-rise multifamily dwelling development. A clubhouse and a swimming pool shall be provided for any mid-rise multifamily dwelling development that exceeds 750 dwelling units on a tract. The clubhouse shall be equipped with a permanent standby generator capable of powering the entire building in the event of a power outage.

d. Utilities. All telephone, electric transmission and service lines, cable television and all other utility wiring whatsoever shall be placed underground. Any satellite dishes shall be screened so as not to be visible from the ground.

e. Sidewalks.

1. Concrete sidewalks a minimum of 4 feet in width, constructed in accordance with the Borough Engineer's specifications, shall be provided:

(a) To and from buildings and parking areas.

(b) To and from buildings and roads and accessways.

(c) To each entrance in each building.

2. No sidewalks, with the exception of those leading to and from building entrances and exits, shall be placed closer to a building than 10 feet.

f. All trash and recycling facilities shall be appropriately screened from view.

g. Additional Standards for Low-Rise Multifamily Dwellings.

1. Each dwelling unit shall contain separate bedroom, separate bathroom, separate living room and separate kitchen facilities, which kitchen facilities shall be located separate and apart from other rooms. A bedroom shall be construed as any separate room other than a dining room, living room, kitchen or bathroom.

2. A maximum of 16 dwelling units shall be permitted in a single low-rise multifamily dwelling.

3. The maximum length of a low-rise multifamily dwelling shall not exceed 160 feet in its longest dimension.

4. Laundry facilities and storage space shall be provided for residents.

h. Additional Standards for Mid-Rise Multifamily Dwellings.

1. An environmental impact statement shall be required as part of the application for site plan approval.

2. The use of green building techniques and other environmental sustainability measures is encouraged.

§ 30-24 RESIDENTIAL D / TOWNHOUSE ZONES.

§ 30-24.1 Inclusion of Certain Lands In District.

[Ord. No. 91:16 § XXX]

The following lands and premises known and designated as Block 104.01 inclusive; Block 104.02 inclusive; Block 104.03 inclusive; Block 104.04 inclusive; Block 104.05 inclusive; Block 104.06 inclusive; Block 105.07 inclusive; Block 104.08 inclusive; Block 104.09 inclusive; Block 104.10 inclusive; Block 104.11 inclusive; Block 104.12 inclusive; Block 104.13 inclusive; on the current assessment map of the Borough of New Milford is hereby classified as the Residential D/ Townhouse Zone.

§ 30-24.2 Permitted Uses; Definitions.

[Ord. No. 80:10; Ord. No. 85:1 § 17; Ord. No. 91:16 § XXXI]

a. In Residential D/Townhouse Zones, only townhouses and accessory buildings and structures shall be permitted.

b. Townhouse. For the purpose of this Article refer to Section 30-2 for the definition of "Townhouse".

§ 30-24.3 General Requirements.

[Ord. No. 80:10]

a. Site plan approval shall be required for all townhouse developments.

b. The site plan review shall consider solid waste management, lighting, pedestrian and vehicular circulation, parking location and arrangement, building siting and arrangement, signs, landscaping and recreation and open space.

c. The common open space and recreation provided as part of any townhouse development shall be owned and maintained in accordance with N.J.S.A. 40:55D-43. An applicant shall submit to the Board the master deed or such other legal documents establishing said open space organization providing for the use, enjoyment and responsibilities of all of the owners of the units who would benefit from the common open space and recreational facilities. Such master deed or other legal documents shall be approved by the Planning Board Attorney. At least 25% of the tract area shall be set aside for the common use and benefit of the residents of the development.

d. All facilities and utilities shall be built to Borough specifications.

§ 30-24.4 Density.

[Ord. No. 80:10; Ord. No. 85:1 § 16]

The maximum density shall not exceed five units per acre.

§ 30-24.5 Bulk Requirements.

[Ord. No. 80:10; Ord. No. 91:16 § XXXII]

a. Maximum height shall be two and one-half (2 1/2) stories or thirty-five (35') feet, whichever is lesser, no living space shall be permitted above the second floor.

b. Minimum setbacks for all buildings shall be fifty (50') feet from the right-of-way line of any exterior public road; forty (40') feet from the center line of any private interior road; and thirty-five (35') feet from any perimeter boundary.

c. Distance between buildings shall be:

1. End wall to end wall (no windows): twenty (20') feet.

2. End wall to window wall: thirty (30') feet.

3. Window wall to window wall: forty (40') feet.

d. Maximum building coverage shall be 20%.

e. Maximum impervious surface coverage shall be 65%.

f. Minimum interior road from curb to curb shall be not less than thirty (30') feet wide.

g. No accessory structure or building shall be more than fifteen (15') feet in total height.

h. The minimum area for any townhouse development shall not be less than seven acres.

§ 30-24.6 Building Requirements.

[Ord. No. 80:10]

a. Width. The average width of all townhouses shall be not less than twenty-two (22') feet. No residential townhouses shall be less than twenty (20') feet wide.

b. All townhouses shall be provided with individual private patios of not less than ten (10') feet in depth.

c. There shall not be more than eight townhouses in a single row.

d. Not more than two adjacent dwelling units shall be constructed without providing a front wall setback of not less than four (4') feet.

§ 30-24.7 Parking Requirements.

[Ord. No. 80:10; Ord. No. 91:16 § XXXIII]

No parking shall be permitted on any road or accessway within the townhouse development. All parking shall be confined to the area specifically designated on the site plan for the purpose. A minimum of three off-street parking spaces shall be provided for each townhouse. At least one of the required spaces shall be within the unit. Parking areas shall be paved and curbed and provided with an adequate system of storm water drainage. Parking areas may be constructed in the rear and side yards but in no event closer than ten (10') feet to a side or rear lot line. No parking areas shall be constructed within a front yard setback area.

§ 30-24.8 Utilities, Facilities, Landscaping and Circulation.

[Ord. No. 80:10]

a. Refuse storage areas and receptacles shall be provided for each townhouse. No central dumpster or similar type of storage shall be permitted.

b. All utility wiring shall be underground.

c. Typical landscaping plans for each unit shall be approved as part of the site plan approval in addition to an overall landscaping plan.

d. Sidewalks shall be provided throughout the development along all streets and between buildings and to and from recreational facilities.

§ 30-24A RESIDENTIAL E/MULTI-FAMILY TOWNHOME (MFTH) ZONE.

§ 30-24A.1 Purpose.

[Ord. No. 2005:25]

a. The purpose of the Multi-Family Townhome (MFTH) District is to provide an additional housing option for New Milford residents in the form of a high-quality residential community. It is also intended to provide an open-space component to residents of the proposed community and greater New Milford.

b. The purpose of this section is to establish rules, regulations, standards and procedures designed to promote the integrated and logical development of an area within the designated Block 104, Lot 18 on the Borough's Official Tax Map.

§ 30-24A.2 Permitted Uses.

[Ord. No. 2005:25]

a. In Residential/Townhome Zones, only Townhomes and accessory buildings and structures shall be permitted.

b. Townhome. For the purpose of this section refer to Section 30-2 for the definition of "Townhome".

§ 30-24A.3 Accessory Uses.

[Ord. No. 2005:25]

a. Signs.

1. One sign identifying the development located at the entrance to such development. Signs shall have a maximum of two sign faces each not to exceed 25 square feet per side.

2. Other signs shall be provided as otherwise regulated in Borough ordinances.

b. Recreational uses, such as but not limited to, common open spaces, walking paths, gazebos, swimming pools, putting greens, and tennis, shuffleboard and bocci courts.

c. Fences and walls.

d. Administration, maintenance, storage and utility buildings.

§ 30-24A.4 General Requirements.

[Ord. No. 2005:25]

a. Site plan approval shall be required for all Townhome developments.

b. The site plan review shall consider solid waste management, lighting, pedestrian and vehicular circulation, parking location and arrangement, building siting and arrangement, signs, landscaping and recreation and open space.

c. The common open space and recreation provided as part of any Townhome development shall be owned and maintained in accordance with N.J.S.A. 40:55D-43. An applicant shall submit to the Board the master deed or such other legal documents establishing said open space organization providing for the use, enjoyment and responsibilities of all of the owners of the units who would benefit from the common open space and recreational facilities. Such master deed or other legal documents shall be approved by the Planning Board Attorney.

d. All facilities and utilities shall be built to Borough specifications.

§ 30-24A.5 Density.

[Ord. No. 2005:25]

The maximum density shall be 44 units per acre but shall not exceed 38 units.

§ 30-24A.6 Floor Area Ratio.

[Ord. No. 2005:25]

The Floor Area Ratio shall not exceed 1.60. This calculation shall be made exclusive of the garage and parking structures.

§ 30-24A.7 Bulk Regulations.

[Ord. No. 2005:25; Ord. No. 2013:19; Ord. No. 2014:13]

a. Minimum lot area: .80 acres.

b. Maximum height: four stories or fifty (50') feet, whichever is lesser.

c. Minimum lot frontage along a county or municipal road: fifty (50') feet.

d. Minimum setbacks from roadways: twenty-five (25') feet from the right-of-way line of any exterior public road; ten (10') feet from the centerline of any private interior road; and twenty (20') feet from any perimeter boundary.

e. End wall to end-wall (no windows): twenty (20') feet.

f. End wall to window wall: thirty (30') feet.

g. Window wall to window wall: forty (40') feet.

h. Maximum building coverage shall be 50%.

i. Maximum impervious surface coverage shall be 95%.

j. No accessory use or structure shall be closer than five (5') feet from any property boundary.

k. The land area for any townhome development shall not be less than three-quarter (0.75) acres.

l. Minimum interior road from curb to curb shall be not less than twenty-four (24') feet wide.

m. No accessory structure or building shall be more than fifteen (15') feet in total height.

§ 30-24A.8 Parking Requirements.

[Ord. No. 2005:25]

a. No parking shall be permitted on any road or accessway within the Townhome development.

b. A minimum of 1.8 parking spaces and 2.0 parking spaces shall be provided for one and two bedroom dwellings respectively as per New Jersey Residential Site Improvement Standards (RSIS).

c. All parking shall be confined to the area specifically designated on the site plan for such purpose.

d. Parking areas shall be paved and curbed and provided with an adequate system of stormwater drainage.

e. No parking area shall be constructed within a required front yard setback area. Parking area may be constructed in the rear and side yards but in no event closer than five (5') feet to any side or rear lot line.

§ 30-24A.9 Utilities, Facilities, Landscaping and Circulation.

[Ord. No. 2005:25]

a. Refuse and recyclable storage areas and receptacles shall be provided for by means of a suitably located and screened enclosure.

b. All utility wiring shall be underground. Utility connections for each separate apartment shall be independently or jointly metered as would be appropriate to the form of occupancy/ownership of the apartments.

c. All open space areas shall be attractively landscaped. The landscape plan shall be subject to approval by the Planning Board.

d. Sidewalks or other suitable means of pedestrian circulation shall be provided throughout the development along all streets and between buildings and any sidewalks within the public right-of-way.

§ 30-24A.10 Common Open Space Implementation Requirements.

[Ord. No. 2005:25]

a. A minimum of 0.05 acre of active or passive recreation space shall be provided for each one (1.0) acre of gross site area.

b. Buffer areas, wetlands and conservation easements shall be eligible as open space as required by this section.

c. Active recreation space shall be improved with facilities, buildings and structures for indoor and outdoor recreational activities consistent with the residential character of the development and the lifestyle needs of the residents herein.

d. All active open space shall be connected to residential areas with walkways or other reasonable means of access.

§ 30-24A.11 Circulation and Parking Standards.

[Ord. No. 2005:25]

All public streets, internal roadways and private driveways shall be in accordance with the requirements of the New Jersey Residential Site Improvement Standards.

§ 30-24A.12 Developments Subject to Applicable Ordinances.

[Ord. No. 2005:25]

Any development in the Townhome District shall be subject to all applicable ordinances of the Borough of New Milford. Where there is any conflict between the provisions of this section and the provisions of the Site Plan Ordinance and/or the Land Subdivision Ordinance, the provision of this section shall prevail.

§ 30-24A.13 Low and Moderate Income Housing Requirements.

[Ord. No. 2005:25]

Any development in the Townhome District shall be subject to New Milford's Housing Element and Fair Share Plan adopted September of 2005 as per COAH's Third Round Rules and Regulations.

§ 30-25 BUSINESS ZONES. [1]

[1] Editor's Note: Prior ordinance history: Ordinance Nos. 77:1, 79:11, 91:16, 92:10, 2009:02.

§ 30-25.1 Use Regulations.

[Ord. No. 2016:05; Ord. No. 2018:13]

a. Permitted principal Uses:

1. Retail stores.

2. Personal services.

3. Offices.

4. Medical offices.

5. Banks.

6. Health clubs.

7. Restaurants, excluding drive-through restaurants.

8. Laundry and dry cleaning, including self-service but not commercial laundries.

9. Shopping centers.

10. Commercial schools.

11. Dwellings.

(a) Lots less than one acre in area. Dwellings shall only be permitted above the first floor, and shall only be permitted in a building containing one or more permitted nonresidential uses on the first floor. Permitted dwelling types are limited to studio, one-bedroom and two-bedroom units, except that three-bedroom units shall only be permitted if required for compliance with State affordable housing regulations.

(b) Lots one acre in area or larger. Dwellings may be permitted in a building containing one or more permitted nonresidential uses on the first floor or a residential only building. Permitted dwelling types are limited to studio, one-bedroom and two-bedroom units, except that three-bedroom units shall be permitted as required for compliance with State affordable housing regulations.

12. Governmental buildings and uses.

b. Permitted Conditional Uses:

1. Public, private and parochial schools, subject to the requirements of subsection 30-21.8.

2. Houses of worship, subject to the requirements of subsection 30-21.8.

3. Outdoor cafes, subject to the requirements of subsection 30-25.4.

4. Motor vehicle fueling stations, subject to the requirements of subsection 30-25.5.

5. Motor vehicle service stations, subject to the requirements of subsection 30-25.6.

c. Permitted Accessory Uses:

1. Signs.

2. Fences and walls.

3. Off-street parking.

4. Other customary accessory uses, buildings, and structures which are clearly incidental to the principal use and building.

§ 30-25.2 Bulk Regulations.

[Ord. No. 2016:05]

a. Minimum lot area: 5,000 square feet.

b. Minimum front yard:

1. Main Street, or any property within 200 feet of Main Street: 0 feet.

2. All other streets: 10 feet. The minimum front yard shall be provided along all public streets.

c. Minimum side yard: 0 feet, except that when a lot in a Business Zone adjoins a lot in a residential district at the side, the minimum side yard shall be 10 feet on the residential side of the business lot.

d. Minimum rear yard: 10 feet.

e. Maximum impervious coverage:

1. Any property with frontage on Main Street: 100 percent.

2. All other locations: 90 percent.

f. Maximum Building Height:

1. Principal building: two and one-half (2 1/2) stories/35 feet, except that principal buildings in Business zones on lots facing upon any County road may be three stories, as long as they do not exceed 35 feet in height.

2. Accessory building: one story/15 feet.

g. Minimum Size of Residential Units:

1. Studio units: 550 square feet.

2. One-bedroom units: 700 square feet.

3. Two-bedroom units: 900 square feet.

4. Three-bedroom units (if required due to State affordable housing regulations): 1,100 square feet.

§ 30-25.3 Affordable Housing.

[Ord. No. 2016:05; Ord. No. 2018:13]

a. On lots one acre in area or larger, the maximum residential density shall be 14 dwelling units per acre when low- and moderate-income dwelling units are provided in accordance with this subsection. The minimum affordable housing set-aside shall be 20 percent of the dwelling units in the development, except that the minimum setaside shall be 15 percent where affordable rental units are provided. A minimum of 13 percent of the affordable units shall be affordable to households earning 30 percent or less of the area median income for the Council on Affordable Housing region.

b. Affordable dwelling units shall comply with the applicable rules of the Council on Affordable Housing and any other relevant state regulations.

c. All other affordable housing requirements of the Borough of New Milford, including development fees and inclusionary zoning requirements, shall apply to development in the Business zone.

§ 30-25.4 Conditional Use Standards for Outdoor Cafes.

[Ord. No. 2016:05]

Outdoor cafes shall comply with the following standards:

a. Adequate access for emergency response personnel must be allowed to the main entrance of the serving establishment from the outdoor serving area.

b. A clear area with a minimum width of four (4') feet shall be maintained for passage of pedestrians on any public sidewalk or right-of-way.

c. A form of formal space delineation, such as a removable fence, shall be provided during cafe business hours to define sidewalk space from cafe space. Where outdoor dining is proposed to be located directly adjacent to parking spaces which provide for head-on parking or parking angled towards the proposed outdoor dining area, protective bollards or barriers shall be required.

d. Outdoor or patio type furniture must be utilized.

e. Signage beyond that permitted for the serving establishment is prohibited.

f. Outdoor cafes shall not remain open after 10:00 p.m.

§ 30-25.5 Conditional Use Standards for Motor Vehicle Fueling Stations.

[Ord. No. 2016:05]

a. Minimum lot area: 10,000 square feet.

b. Minimum lot width: 100 feet.

c. Minimum Setbacks:

1. Front yard: 25 feet, except that the minimum front setback for a canopy above a fueling area shall be 10 feet.

2. Side yard: 10 feet, except when adjacent to a residential use or zone, such setbacks shall be increased to 20 feet.

3. Rear yard: 10 feet.

4. Pump islands: 15 feet, except when adjacent to a residential use or zone, such setbacks shall be increased to 25 feet.

5. A five foot deep landscaped area shall be provided between curb cuts and along all property lines, and shall be increased to 10 feet adjacent to a residential zone or use. All unpaved areas shall be landscaped with grass lawns, trees and shrubs or other vegetation.

d. Maximum height of building or canopy: 25 feet.

e. A freestanding convenience store with a maximum gross floor area of 2,000 square feet shall be permitted as an accessory use to a fueling station.

f. Portable signs shall be prohibited.

g. Repairing and servicing of vehicles shall be prohibited.

h. A maximum of two driveways may be permitted, except for a corner lot one additional driveway may be permitted on the side street.

i. Motor vehicle fueling stations shall only be permitted on properties with frontage on River Road, and shall not be permitted within 250 feet from the boundary line of property which is used as, or upon which is erected, a public or private school, playground, place of worship, hospital, public building or place of public assembly, firehouse or fire station.

§ 30-25.6 Conditional Use Standards for Motor Vehicle Service Stations.

[Ord. No. 2016:05]

a. Minimum lot area: 10,000 square feet.

b. Minimum lot width: 100 feet.

c. Minimum Setbacks:

1. Front yard: 25 feet, except that the minimum front setback for a canopy above a fueling area shall be 10 feet.

2. Side yard: 10 feet, except when adjacent to a residential use or zone, such setbacks shall be increased to 20 feet.

3. Rear yard: 10 feet.

4. Pump islands: 15 feet, except when adjacent to a residential use or zone, such setbacks shall be increased to 25 feet.

5. A five foot deep landscaped area shall be provided between curb cuts and along all property lines, and shall be increased to 10 feet adjacent to a residential zone or use. All unpaved areas shall be landscaped with grass lawns, trees and shrubs or other vegetation.

d. Maximum height of building or canopy: 25 feet.

e. Portable signs, outdoor servicing and outdoor storage of tires, automobile parts and accessories shall be prohibited. Any repairs of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicles may be stored out of doors.

f. A maximum of two driveways may be permitted, except for a corner lot one additional driveway may be permitted on the side street.

g. Motor vehicle service stations shall only be permitted on properties with frontage on River Road, and shall not be permitted within 250 feet from the boundary line of property which is used as, or upon which is erected, a public or private school, playground, place of worship, hospital, public building or place of public assembly, firehouse or fire station.

§ 30-26 LIGHT INDUSTRIAL PARK ZONES.

§ 30-26.1 Inclusion of Certain Lands in Zone.

[Ord. No. 77:1; Ord. No. 78:3; Ord. No. 91:16 § XXXIX; Ord. No. 92:10 § I]

The following lands and premises known as Block 501 Lots 12, 13, 14, 15, 16; Block 912 Lots 1, 2, 3, 4, 5, 6; Block 913 Lot 11 be and the same are hereby located and included in the Light Industrial Zone and subject to all the terms, conditions, restrictions, regulations and requirements which apply to the Light Industrial Zone. The current Zoning Map of the Borough of New Milford is amended accordingly.

§ 30-26.2 Use Regulations.

[Ord. No. 77:11; Ord. No. 2016:05]

In the Light Industrial Park Zone, no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used for any purpose other than as follows:

a. Permitted principal uses:

1. Business, professional or governmental offices.

2. Research laboratories.

3. General, operational and service public utility offices and electrical utility facilities, including switching stations and substations.

4. Commercial recreation.

5. Any use consisting of the manufacture, fabrication, assembling or other handling of products, provided that:

(a) Only oil Grade No. 5 or better, gas or electricity is used as fuel.

(b) No use shall disseminate dust, smoke, observable gas or fumes, odor, noise, vibration, glare or radiations beyond the lot lines of the lot on which such use is located.

(c) No use shall constitute a fire, explosion or other physical hazard.

(d) No use shall cause a discharge of waste materials that would be detrimental to the public health.

(e) No use shall create traffic hazards or congestion incongruous with the prevailing character of the neighborhood or conflict with the normal traffic of the neighborhood by reason of the type of vehicles required in connection therewith or by reason of the manner in which traffic enters or leaves the site thereof.

b. Customary accessory buildings and accessory uses.

§ 30-26.3 Prohibited Uses.

[Ord. No. 77:11; Ord. No. 78:3; Ord. No. 91:16 § XL]

All uses listed in subsection 30-27.1 and subsections 30-25.2a1-24 and 30-25.2a26-27 are also expressly prohibited in the Light Industrial Park Zone.

§ 30-26.4 Area.

[Ord. No. 77:11; Ord. No. 78:3]

All lots shall have an area of not less than 30,000 square feet and a frontage at the front street property line of not less than one hundred fifty (150') feet on an improved public street.

§ 30-26.5 Yards.

[Ord. No. 77:11; Ord. No. 78:3]

a. Front Yard. All new buildings or alterations to existing buildings shall be set back at least thirty (30') feet from the front street property line and, in the case of a corner lot, set back at least thirty (30') feet from the side street property line.

b. Side Yards. All new buildings or alterations to existing buildings shall be set back at least twenty-five (25') feet from the side property line.

c. Rear Yard. All new buildings or alterations to existing buildings shall be set back at least twenty-five (25') feet from the rear property line.

§ 30-26.6 Height.

[Ord. No. 77:11; Ord. No. 78:3]

No new buildings or alterations to existing buildings shall exceed a height of two stories or thirty-five (35') feet.

§ 30-26.7 Maximum Building Coverage.

[Ord. No. 77:1; Ord. No. 78:3]

Not more than 40% of the lot area shall be occupied by principal and accessory buildings. No building or structure shall be erected on any of the lands hereinabove described that is within fifty (50') feet of the encroachment line of the Hackensack River as established by the Department of Environmental Protection of the State of New Jersey.

§ 30-26.8 District Boundary Line Restrictions.

[Ord. No. 77:1; Ord. No. 78:3]

In the Light Industrial Park Zone, no building shall be erected within one hundred (100') feet of any residence district boundary line.

§ 30-26.9 Storage.

[Ord. No. 77:1; Ord. No. 78:3]

Except as specified below, all operations shall be conducted entirely within a building or buildings fully enclosed on all sides. Not more than 1% of the entire area of the lot may be used for outdoor storage, provided that no part of such area shall be located nearer than one hundred fifty (150') feet to any front lot line and one hundred (100') feet to any side or rear lot line, and provided further that any such area shall be screened adequately to conceal entirely at all seasons of the year any stored items from the view of adjoining lots or streets.

§ 30-26.10 Landscaping.

[Ord. No. 77:1; Ord. No. 78:3]

All open spaces, other than parking and circulation areas, shall be landscaped so as to prevent any use from hindering or discouraging the development and use of adjacent land and buildings or impair the value thereof, the details of which shall be set forth on a plan to be approved by the Planning Board, and all landscaping shall be properly maintained throughout the life of any use.

§ 30-26.11 Off-Street Parking and Loading.

[Ord. No. 77:1; Ord. No. 78:3]

a. Off-Street Parking. In the Light Industrial Park Zone, provision shall be made for two parking spaces for each three employees. Where shift work is employed, off-street parking shall be based on the largest shift. All off-street parking areas shall be designed to meet the following standards:

1. All parking spaces shall be not less than nine (9') feet in width and not less than twenty (20') feet in depth.

2. All parking areas shall be designed with service aisles to meet the following standards:

Angle of Parking	Aisle Width (feet)
Parallel to 30 degrees	12
31 to 45 degrees	14
46 to 60 degrees	18
61 to 90 degrees and access drives	24

3. Only one-way traffic circulation shall be permitted in twelve (12'), fourteen (14'), and eighteen (18') foot aisle widths.

4. Access to any lot shall be had by means of driveways twenty-four (24') feet wide, with not more than one such driveway permitted for each one hundred fifty (150') feet or fraction thereof of lot frontage.

5. The perimeter of all off-street parking and loading areas and all access drives shall be enclosed by a concrete or Belgian block curb at least six (6") inches above the paved surface.

6. Off-street parking shall be set back at least five (5') feet from any building, twenty (20') feet from the front or side street property line, ten (10') feet from any side or rear property line and twenty-five (25') feet from any residence district boundary line. Wherever such off-street parking or off-street loading abuts a residence zone, it shall be screened adequately to conceal it entirely at all seasons of the year.

b. Off-Street Loading. For all new buildings or additions to existing buildings, provision shall be made for off-street loading space adequate to serve the intended use. Such space shall be at least ten (10') feet in width, twenty-five (25') feet in length and have a fourteen (14') foot clearance above grade, except that where larger vehicles are anticipated, the dimension shall be adequately increased. Off-street loading shall be in other than the front yard or side street front yard.

c. Off-Street Parking for Recreational Facilities and Other Than Light Industry. The number of required spaces shall be determined by the Planning Board, which shall base its determination upon reasonable need for parking likely to result from such particular use based upon a study and the experience of the same use under similar circumstances. All off-street parking areas shall be designed to meet the above standards and shall not be less than the minimum parking facilities required by this paragraph.

§ 30-26.12 Performance Standards.

[Ord. No. 77:11; Ord. No. 91:16 § XLI]

a. Permits and Operations. An application for any building permit or certificate of occupancy in the light industrial park zone shall be accompanied by an application for site plan approval. The applicant for any use in the above district shall submit a complete site plan application as currently being used by the Borough. The applicant shall submit all plans of any proposed development or construction for proposed alteration, change or enlargement of an existing structure including a description of the proposed use and the proposed machinery, operation and products as well as an affidavit by the applicant acknowledging his/her understanding of the applicable performance standards and/or required conditions and agreeing to conform to same at all times as follows:

1. If the Planning Board determines that, due to the nature of the intended use, there is any reasonable doubt as to the likelihood of the intended use conforming to the performance standards and/or required conditions and that the site plan should be reviewed for report by one or more expert consultants, the Planning Board shall request a deposit as described in the current fee schedule subsection 30-3.2 to be submitted, which will be used to defray the cost of the special reports required to process it. The Planning Board shall refer the application for investigation and report to one or more independent expert consultants selected by the Board as qualified to advise on conformance to the required performance standards and/or required conditions. A copy of the consultant's report shall be promptly furnished to the applicant.

2. Any permit authorized and issued shall be conditioned on, among other things, the applicant's completed buildings and installations in operation conforming to the applicable performance standards and/or required conditions and the applicants paying fees as described in the current fee schedule subsection 30-3.2 if needed to cover the expert's above mentioned reports. All monies not used to pay for the services of the expert consultant or consultants deemed reasonable and necessary by the Board for advice shall be returned to the applicant at the time the Board renders its decision.

3. The Code Enforcement Officer shall investigate any alleged violation of the performance standards and/or required conditions at any time subsequent to site plan approval and, if there are reasonable grounds to believe that a violation exists, shall notify the Planning Board. The Planning Board shall investigate the alleged violation and for such investigation may employ qualified experts. If the experts find that such a violation exists, the cost of the expert's service shall be paid by the violator. If there was no violation, the borough shall pay said costs.

b. Performance Standards. Before the issuance of any building or occupancy permit for any use in the Light Industrial Park Zone, all of the following minimum standards must be complied with:

1. Fire and Explosion Hazards. All such activities shall be carried on only in structures which conform to the standards of the National Board of Fire Underwriters or the Borough Building Code or Fire Ordinance, whichever is more restrictive. All operations shall be carried on and explosive raw materials, fuels, liquids and finished products shall be stored in accordance with the standards of the Board of Fire Underwriters. Where required, every building shall be equipped with automatic sprinklers which conform to the standards of the National Board of Fire Underwriters.

2. Radioactivity. Any industrial activity which emits dangerous radioactivity at any point is prohibited.

3. Smoke, Fumes, Gases, Dust, Odors. There shall be no emission of any smoke, fumes, gas, dust or odors. These and any other atmospheric pollutants which are detectable to the human senses at the boundaries of the lot occupied by such use are prohibited.

4. Liquid or Solid Wastes. No operation shall discharge wastes of any kind into any reservoir, pond, lake, underground stream or underground water source. The discharge of untreated wastes into a stream is prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by Borough and New Jersey State Health Departments.

5. Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

6. Noise.

(a) There shall be no noise emanating from the operation or use measured from any point on the property line of the lot on which the industrial 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 sound level meters and/or analyzers conforming to United States of America Standard Specification for General-Purpose Sound Level Meters, S1.4-1961, or latest revision; and United States of America Standard Specification for Octave, Half-Octave and Third-Octave Band Filter Sets, S1. 11-1966, or latest revision, published by the United States of America Standards Institute, New York, New York.

Octave Band Center Frequency in Cycles Per Second	Sound Pressure Level Decibels re 0.0002 dyne/cm2
63	58
125	49
250	42
500	37
1,000	33
2,000	25
4,000	25
8,000	24

(b) For objectionable noises due to 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.

§ 30-27 OFFICE/SERVICE ZONES. [1]

[1] Editor's Note: Former Section 30-27, Industrial Zones containing portions of Ordinance No. 77:1 was deleted in entirety by Ordinance No. 2016:05.

§ 30-27.1 Use Regulations.

[Ord. No. 2016:05]

a. Permitted Principal Uses:

1. Personal services.

2. Business and professional services.

3. Offices.

4. Medical offices.

5. Banks.

6. Commercial schools.

7. Governmental buildings and uses.

b. Permitted Conditional Uses, Subject to the Requirements of Subsection 30-21.8:

1. Public, private and parochial schools.

2. Houses of worship.

c. Permitted Accessory Uses:

1. Signs.

2. Fences and walls.

3. Off-street parking.

4. Other customary accessory uses, buildings, and structures which are clearly incidental to the principal use and building.

§ 30-27.2 Bulk Regulations.

[Ord. No. 2016:05]

a. Minimum lot area: 5,000 square feet.

b. Minimum front yard: 10 feet. The minimum front yard shall be provided along all public streets.

c. Minimum side yard: 10 feet.

d. Minimum rear yard: 20 feet.

e. Maximum building coverage: 60 percent.

f. Maximum impervious coverage: 80 percent.

g. Maximum building height:

1. Principal building: two and one-half stories/35 feet.

2. Accessory building: one story/15 feet.

§ 30-28 MISCELLANEOUS.

§ 30-28.1 Off-Street Parking.

[Ord. No. 77:11; Ord. No. 91:16 § XLIII; Ord. No. 2016:05; Ord. No. 2018:15]

a. In conjunction with any building hereafter erected or any use of land hereafter established, there shall be provided on the same lot therewith sufficient parking spaces to meet the minimum requirements specified herein.

b. No parking spaces presently existing in conjunction with an existing building or use of land shall be eliminated, nor shall any parking spaces hereafter established be eliminated, unless the remaining parking spaces meet the minimum requirements specified herein.

c. All parking spaces, except for one- and two-family dwellings, shall be individually designated on the ground by means of pavement markings. For purposes of this section, a parking space shall be deemed to be an area nine (9') feet wide by twenty (20') feet long, exclusive of access driveway and aisles, which area is accessible from a public street and which is available for the parking of one passenger vehicle throughout the hours in which any use to which it may be necessary is in operation.

d. Access to any lot other than one- and two-family dwellings shall be had by means of driveways twenty-four (24') feet wide, with not more than one such driveway permitted for each two hundred (200') feet or fraction thereof of street frontage, except that, where more than one such driveway is provided for any lot, the width of such driveway may be reduced to twelve (12') feet, and each such driveway shall be used as a one-way entrance or exit. The entire street frontage opposite any residential zone shall be landscaped so as to prevent any use from hindering or discouraging the development and use of adjacent land and buildings or the impairment of the value thereof, and such landscaping shall be properly maintained throughout the life of any use.

e. Required Minimum Number of Parking Spaces For Various Uses.

1. Dwelling: in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21), except that 1.5 spaces per unit shall be provided for dwellings above nonresidential uses in the Business zone.

2. Dwelling including professional office: two parking spaces per dwelling unit plus one parking space for each 50 square feet of floor area within such office space.

3. School: one parking space per employee plus computation based on the gross area of largest assembly or most intense use such as an auditorium, all purpose room or in some instances a gymnasium. The following formula shall be used.

(a) Square footage of most intense use divided by occupancy of seven square feet per occupant equals total occupancy.

(b) Total occupancy divided by four persons per car equals number of required parking spaces.

4. Church, auditorium, library, museum, art gallery, club, theater or similar place of public assembly: one space for every five seats or one space for every 50 square feet of gross floor area if without seats.

5. (Reserved)

6. Restaurant or tavern: one parking space for every four seats. If no seats are present, one space per 100 square feet of floor area.

7. Other business, commercial, professional or governmental establishments, in which operation the customer or client usually comes to the establishment: one parking space for every 150 square feet of total area devoted to such use.

8. Manufacturing, assembling, processing, research, office use or other establishments wherein the parking need is primarily created by employees: one space for each two employees, based on peak shift of employment.

9. Hospital: one parking space for every 300 square feet of sleeping room area for patients, plus one space for each two employees and staff members.

10. Combination uses: the required parking shall be the sum of the requirements for each individual use in the combination.

11. Uses not included in the list above: the number of required parking spaces shall be determined by the Planning Board, which shall base its determination upon the reasonable need for parking likely to result from such particular use based upon a study and the experience of the same use under similar circumstances.

f. Parking spaces required for other than a one- or two-family dwelling, together with access aisles and drives, shall be paved with a minimum of four (4") inch standard macadam-type pavement and shall be properly drained. Illumination, if any, shall be so arranged as not to cause undue glare upon any abutting street or adjoining residential zone.

g. The following standards shall apply to all one- and two-family dwellings:

1. Vehicle parking shall only be permitted on portions of a lot that are paved, and shall not be permitted on lawns or landscaped areas. If additional parking area is required, it must be paved to match existing parking areas or driveways on the same property.

2. Vehicle parking shall not be permitted in any front yard other than in a paved driveway that traverses the front yard.

3. The maximum area of a front yard covered by impervious surfaces shall be 30 percent.

§ 30-28.2 Fire Escapes.

[Ord. No. 77:11]

Nothing herein contained shall prevent the projection of an open fireproof fire escape or stairway into a side or rear yard for a distance not to exceed eight (8') feet.

§ 30-28.3 Height Exceptions.

[Ord. No. 77:1]

Nothing herein contained shall restrict the height of a church spire, belfry, clock tower, chimney flue, elevator, bulkhead, stage tower, scenery lift or similar structure.

§ 30-28.4 Separate Yards and Open Spaces.

[Ord. No. 77:1]

No space applied or necessary under this chapter to satisfy the yard requirements in relation to any building, whether now or existing or subsequently built, shall be counted on as part of a yard or other required open space in relation to any other building.

§ 30-28.5 Classification of Boundaries and Lots.

[Ord. No. 77:1]

a. The boundaries are, unless otherwise indicated upon the Building Zone Map, either street lines or lines drawn parallel to and one hundred fifty (150') feet back from one or more of the street lines bounding the block. Where two or more designations are shown within a block three hundred (300') feet or less in width, the boundary of the more restricted zone shall be deemed one hundred fifty (150') feet back from the street line, and where two or more zone designations are shown within a block more than three hundred (300') feet in width, the boundary of the less restricted zone shall be deemed one hundred fifty (150') feet back from the street line.

b. A lot situated in the interior of a block and divided by the zone boundary line into two different zones may, insofar as it is situated at least one hundred fifty (150') feet from any street bounding the block in which it is located, be used in accordance with the use regulations of the less restricted zone into which it is divided.

§ 30-28.6 Access for Light and Air.

[Ord. No. 77:1]

No room to be used for dwelling purposes shall have less opening upon a court or other open space as required by this chapter than 15 square feet of window space for each 100 square feet of floor space.

§ 30-28.7 Signs.

See Section 30-29.

§ 30-28.8 Nonconforming Buildings and Uses.

[Ord. No. 77:11; Ord. No. 91:16 § XLV]

a. General.

1. Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the building so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof.

2. No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.

3. A nonconforming use shall not be enlarged, unless Board of Adjustment approval is obtained, unless the use is changed to a conforming use; provided, however, that where a building meets the use requirements of this chapter and is nonconforming because of heights, area and/or yard regulations, said use may be enlarged, upon receipt of the appropriate Board approval provided that the height, area, volume or yard regulations are not further violated. The cost of structural alterations made in such building shall in no cases exceed 50% of its assessed value.

4. No nonconforming use shall be extended so as to diminish the extent of a conforming use.

5. In a Residential Zone, no building or premises devoted to a use permitted in a Business Zone shall be changed into a use excluded from a Business Zone.

6. In a Residential Zone or a Business Zone, no building or premises devoted to a use permitted in an Industrial Zone shall be changed into a use excluded from an Industrial Zone.

7. In a Residential Business or Industrial Zone, no building or premises devoted to a use excluded from an Industrial Zone shall be structurally altered if its use shall have been changed since the time of the passage of this chapter to another use also excluded from an Industrial Zone.

8. In a Residential, Business or Industrial Zone, no building devoted to a use excluded from an Industrial Zone shall have its use changed to another which is excluded from an Industrial Zone if the building shall have been structurally altered since the time of the passage of this chapter.

b. Completion of Existing Buildings. Nothing herein contained shall require any change in the plan, construction or designed use of a building for which a building permit has been heretofore issued or plans for which are on file with the Code Enforcement Officer at the time of the passage of this chapter and which entire building shall have been completed according to such plans as filed within one year from the date of the passage of this chapter.

§ 30-28.9 Parking of Commercial, Other Vehicles and Boats in Residential Districts.

[Ord. No. 77:1; Ord. No. 84:4 § 1; Ord. No. 88:12 §§ 1-2; Ord. No. 2002:10; Ord. No. 2004:24]

a. Residential. In Residential Zones A, B, C, D and E, vehicles with commercial, omnibus, school bus or school vehicle license plates, and vehicles with passenger plates and displaying signs, shall not be parked at any time except in enclosed garages or as provided in Subsection a1 below.

[Amended 6-28-2021 by Ord. No. 2021:10]

1. The tenant or owner of residential property may park one of the above vehicles on the driveway of that property or in residential parking lots providing that the vehicle complies with the following:

(a) Vehicle does not exceed four tires.

(b) Total vehicle height, and/or any vehicle with extensions, shall not exceed seven and one-half (7 1/2') feet in height.

(c) All open vehicles covered by this subsection shall be free of debris between the hours of 6:00 p.m. and 6:00 a.m. the following day, Monday through Friday, and at all times on Saturday, Sunday and State and Federal legal holidays.

b. This restriction shall not apply to vehicles with commercial plates used by persons engaged in work or service within the building or property line. Construction equipment may be parked on the premises for only so long as necessary for the ongoing construction.

c. Debris - Shall mean materials such as paper boxes, crates and materials of a similar nature, and also included within this term are tin cans, bottles, crockery, glassware, household sweepings, household receptacles and utensils, lawn cuttings, hedge trimmings, leaves, brush, garden rubbish, tree branches, discarded clothing, rags and any other household wastes, and other refuse and rubbish of whatsoever kind or description, including used building materials, fixtures and sweeping from construction or destruction.

d. In areas set forth in Subsection a of this subsection, not more than one trailered boat, 18 feet in length or smaller, shall be parked at any time (except when garaged). Boats shall be parked on a gravel or paved surface and cannot be parked in the front yard, with the exception of the driveway.

[Amended 6-28-2021 by Ord. No. 2021:10]

e. Violations and Penalties. Any person convicted of a violation of a provision of this subsection or any supplement thereto shall be liable to a penalty of $67 for each day of occurrence.

§ 30-28.10 Conditional Uses.

[Ord. No. 77:1]

a. Certain uses which are now or may be established within the Borough, by their nature, require the imposition of special conditions to assure that they may be established or enlarged within the purposes and intent of this chapter.

b. Accordingly, the following conditional uses are permitted in the zones designated pursuant to Section 54, Chapter 291, Laws of New Jersey 1975. Before a building permit is issued, however, the Planning Board shall ascertain that such proposed conditional uses can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning regulations that all special conditions as hereinafter set forth have been met and that all other terms and conditions of this chapter and all applicable Borough ordinances have been met.

c. The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by the developer to the Planning Board 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 the required site plan review pursuant to Article III of this chapter. The time period for action by the Planning Board on conditional uses pursuant to this subsection shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Planning Board Secretary 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 written endorsement or other evidence of approval herein required and shall be so accepted by the Code Enforcement Officer for the purposes of issuing a building permit.

e. Whenever review or approval of the application by the Bergen County Planning Board is required by N.J.S.A. 40:27-6.6, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Bergen County Planning Board or approval by the Bergen County Planning Board by its failure to report thereon within the required time period.

§ 30-28.11 Conditional Use Permits for Certain Public Utilities.

[Ord. No 77:1]

The Planning Board may authorize, at its discretion, the issuance of a conditional use permit for any of the following buildings or uses in Residential A, B or C Zones: a bus passenger station: and a telephone exchange or other public utility building or structure except a storage yard, a garage or a workshop. Such permits may be issued, however, only upon satisfaction in each instance of such conditions as to general character, height and use of the structure, the provision of surrounding open space and treatment of the grounds and as to street capacity and use, as in the opinion of the Planning Board may be necessary to safeguard public health and comfort and convenience, and as may be required for preservation of the general character of the neighborhood in which such building or structure is to be placed or such use is to be conducted.

§ 30-28.12 (Reserved) [1]

[Ord. No. 77:1; deleted by Ord. No. 2016:05]

[1] Editor's Note: Former subsection 30-28.12 Garages and Service Stations was deleted in its entirety by Ordinance No. 2016:05.

§ 30-28.13 Amusement Machine Complex.

[Ord. No. 84:13 § 1]

a. Licensing and Site Plan requirements.

1. Where there are five or less amusement game machines or other amusement machines in one place, location or premises and where such does not constitute the principal use of a building, these are permitted subject only to the licensing requirements of Section 4-4.

2. An amusement machine complex shall be subject to the licensing requirements of Section 4-4 except that subsections 4-4.5, 4-4.8 and 4-4.11 shall not apply.

3. The Planning Board shall consider the following factors in granting the application for a conditional use.

(a) Sufficient space for such machines has been provided to prevent overcrowding of users or interference with other pedestrian traffic in the building or on the premises.

(b) That aisle space between machines is satisfactory for emergency exit of the room or rooms housing such amusement machine complex.

(c) The parking facilities required by this chapter for such amusement machine complex can be adequately provided.

(d) That such complex is adequately separated from public and parochial schools, school playgrounds, religious buildings and municipal parks and playgrounds.

4. An applicant shall submit a site plan and an amusement machine complex room layout in sufficient detail to allow the Planning Board to consider the above factors.

5. The applicant procedures set forth in subsection 30-28.10 shall apply to video games complex.

b. Location and Layout Requirements.

1. A building within which an amusement machine complex is the principal use or that portion of any building used as an amusement machine complex shall be located at least four hundred (400') feet from the front entrance of any premises used as a public, parochial or private elementary, middle, junior high, high school, college or university, school playground or premises upon which is located a place of worship.

2. A building within which an amusement machine complex is the principal use or that portion of any building used as an amusement complex shall be located at least eight hundred (800') feet from another building or portion of a building used as an amusement machine complex.

3. Unless the amusement machine complex is the only principal use of a building, it shall be located in a separate room, separated from other uses on the premises and from pedestrian circulation to and from such other uses. Such room or principal building housing an amusement machine complex shall be arranged so that there is a management attendant within the building or room or such that management attendants outside of the room can easily see and supervise the interior of such room.

4. Adequate space shall be provided to reach a machine so as to allow its use without overcrowding.

(a) A minimum width of six (6") inches shall be provided between each machine.

(b) The depth of the space in front of the machine shall be at least three and one-half (3 1/2') feet, and there shall be a minimum aisle width in addition to this three and one-half (3 1/2') feet of an additional one (1') foot.

(c) The provisions of the Uniform Construction Code shall be complied with.

5. Off-street parking in addition to that otherwise required for the uses on the premises shall be provided in the amount of one space for every 150 square feet of usable space for the amusement machine complex in such building or portion of a building used as an amusement machine complex, whichever is greater.

6. Readily visible signs shall be installed, with their location, size and text shown on the plans submitted to the Planning Board indicating that persons under the age as specified in the licensing regulations in subsection 4-4.10 shall not be permitted to play such amusement game machine or amusement machine.

7. A building or portion thereof used as an amusement machine complex shall comply with the requirements for a nonresidential building in a business zone, as set forth in Section 30-25.

8. No noise shall emanate beyond the boundaries of such building or room containing an amusement machine complex.

9. A building or portion thereof used as an amusement machine complex must have a window to provide a clear unobstructed view of video complex from outside the complex.

c. Amusement machine complex shall be a conditional use in the business zones in the Borough of New Milford.

d. The license fee for an application for an amusement machine complex shall be $100 per machine, up to 10 machines and if there are more than 10 machines, the fee shall be $1,500 for the entire complex.

§ 30-28.14 Fences.

[Ord. No. 97:04 §§ 2—8]

a. Compliance Required. Fences may be erected in the Borough providing that the same shall be erected in accordance with the terms hereof.

b. Height Restrictions. Fences may be erected in accordance with the following height restrictions:

1. Fences not to exceed three (3') feet in height may be erected between the front property line and the building line.

2. Fences not to exceed four (4') feet in height may be erected between the front building line and the rear line of the building.

3. Fences not to exceed six (6') feet in height may be erected from the rear line of the building to the rear of the property line.

The provisions of this subsection, however, shall not apply to public utilities or agencies subject to the board of public utilities.

c. Fence Requirements.

1. Fences must be constructed with the face or finished side away from the property and the structural side toward the interior.

2. Fences shall be erected as close to the ground as possible without interfering with the flow of natural drainage and shall not cause surface water to be blocked or damned to create ponding.

3. For fences required around a swimming pool, see Chapter 23 entitled "Swimming Pools."

4. The following fences and fencing material are specifically prohibited at any location on the lot upon which a dwelling or structure is situated except during construction on such property: barbed wire fences; short pointed fences; canvas; cloth; electrically charged fences; poultry netting; temporary fences such as snow fences; expandable fences and collapsible fences.

5. Every fence or wall shall be maintained in a safe, sound and upright condition and in accordance with the approved plan on file with the construction code official.

6. Fences constructed in the front of any residence or building shall be no closer than ten (10') feet from the curbline or at the property line whichever is greater.

7. All fences or walls must be erected within the property lines, and no fences shall be erected so as to encroach upon a public right-of-way or to interfere with vehicular or pedestrian traffic or with visibility on corner lots. This encroachment shall include footings for a proposed fence.

8. No fence shall be erected within ten (10') feet of any roadway and within twenty-five (25') feet of the intersection of two roadways in the Borough without first obtaining permission and approval therefrom from the Borough Chief of Police, who shall grant approval only when there is a reasonable assurance that the fence will not impair the public's safety.

d. Applications. Application for such fences shall be made in writing to the Borough Code Enforcement Officer and shall set forth the following information:

1. Owner and address of premises where fence is to be erected;

2. Sketch or plan of the fence;

3. Description and specifications of the fence, including size, height, dimensions, material and size and percentage of openings; and

4. Sketch of the premises in question which shall show the streets abutting and at the nearest intersection and shall approximately indicate the location of structures within fifty (50') feet of the fence.

e. Enforcement.

1. If the Construction Subcode Official, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, sound and upright condition, he shall notify the owner of such fence, in writing, of his findings and state briefly the reasons for such findings and order such fence or wall or portion of fence or wall repaired or removed within 10 days of the date of the written notice. Each day that the person fails to obey the order referred to above shall constitute a separate violation of this section.

f. Appeals. All appeals of the Code Enforcement Officer with regard to the approval or denial of an application pursuant to this section shall be made to the Zoning Board of Adjustment.

g. Existing Fences. Fences which pre-exist the date of adoption of this subsection are deemed to be pre-existing nonconforming fences. Expansion of an existing fence or construction of a new fence shall comply with the provisions of this subsection.

h. Violations and Penalties. Any person, firm or corporation violating any of the provisions of this section, or neglecting or refusing to comply with any of the terms or conditions hereof, shall, upon conviction thereof, be liable to the penalty. Each and every non-conformance with this section or each day any such provision of this section shall have been violated, shall be construed as a separate and distinct violation thereof.

§ 30-28.15 Projections Into Required Yards: General Exceptions.

[Ord. No. 2005:26; Ord. No. 2018:15]

a. The ordinary projection of parapets, windowsills, doorposts, rainwater leaders and similar ornamental or structural fixtures may project a maximum distance of eight (8") inches into required yard setback.

b. Cornices, canopies, eaves, bay windows, balconies, chimneys or flues, and necessary landings and other similar architectural features may project a maximum distance of two (2') feet into required yard setbacks. Front steps may project a maximum distance of four (4') feet into a required yard setback.

c. Patios and Decks. Patios may be located in any required rear or side yard setback. Decks must meet the yard requirements of the principal building to which it is attached.

d. Fences and walls may project into any required yard setback, subject to subsection 30-28.14, where applicable.

e. An unenclosed small porch, or covered platform, may project a maximum distance of four feet into a required front yard setback. The maximum width of the porch or platform shall be 20 percent of the width of the front façade, but not less than six (6') feet.

§ 30-28.16 Prohibit Certain Uses of Temporary Structures.

[Ord. No. 2009:09]

No tent or other temporary structure as defined in the International Building Code 2000 (IBC), New Jersey Edition, Section 3103, shall be used as a garage, carport, accessory building for storage, or for any similar purpose, whatsoever.

Nothing in this subsection shall be construed to prohibit the erection of a tent, membrane structure, gazebo, etc. covering a maximum area of 144 square feet per lot for seasonal residential use between May 1st and November 1st of any calendar year so long as said temporary structure, tent or gazebo complies with all side and rear yard setback requirements. Such structures cannot be placed in the front yard for any reason. Such structures cannot have a permanent anchoring system or foundation, nor be used for storage of solvents, fertilizers, gases or other chemical or flammable materials.

A tent or temporary structure for other purposes than above, may be erected for a period not exceeding 30 cumulative days during one calendar year, provided, however, that nothing herein shall prevent the use of a removable canvas or cloth cover that is designed to be placed for protection directly upon a private vehicle.

In no case shall any temporary tent or similar accessory building exceed a gross floor area of 600 square feet unless a permit is issued for a larger tent by the Borough Council.

§ 30-28.17 Solar Panels.

[Ord. No. 2016:17]

Solar panels shall be permitted as a rooftop installation in any zoning district. A roof-mounted system may be mounted on a principal building in accordance with applicable Borough Ordinance and fire prevention requirements.

§ 30-28.18 Lighting.

[Ord. No. 2018:15]

a. Uses Other Than One- and Two-Family Homes. In connection with every site plan application, the applicant shall submit plans for all proposed exterior lighting. These plans shall include the location, type of lighting fixture (luminair), geometry of light (photometric diagram) and intensity in foot candles (photometric performance data). In addition, the following design standards shall be followed:

1. The style of the lighting fixture, mounting and hardware shall be consistent with the architectural style of the principal building. Subject to review and approval by the municipal agency.

2. The maximum height of freestanding lights shall be no greater than the principal building, but in any case shall not exceed 20' feet.

3. Outdoor lighting fixtures used to illuminate architectural and landscape features shall use a narrow cone of light for the purpose of confining the light to the object.

4. All lighting fixtures must have zero uplight (no light beyond nadir) and qualify as a Nighttime Friendly^™ product or be consistent with the LEED^® and Green Globes ^™ criteria for eliminating wasteful uplight and protecting the night sky. Spotlight-type fixtures attached to buildings are not permitted.

5. Where lighting along a property lines will be visible from adjacent residential uses, the lights shall be shielded and light shall not exceed beyond the boundary of the property it serves.

6. Lighting should be located along streets, parking areas, at intersections and where various types of circulation systems merge, intersect or split.

7. Pathways, sidewalks and trails should be illuminated where feasible but are not required to be illuminated.

8. Stairways and sloping or rising paths and building entrances and exits require illumination.

9. Lighting should be provided where buildings are set back or offset.

10. Lighting shall not be permitted which requires flashing, intermittent illumination or simulates the effect of motion.

11. Uplighting for principal structure façade shall be permitted but shall not spill on to adjacent structures or properties, and shall be extinguished no later than 10:00 p.m.

12. The following intensity in foot candles should be provided:

(a) Parking lots: an average of 0.5 footcandle throughout.

(1) 15:1 uniformity ratio.

(b) Intersections: three foot candles.

(1) 6:1 uniformity ratio.

(c) Maximum at property lines: 0.5 footcandle.

(d) In residential areas: average of 0.6 footcandle.

(e) Where none of the prescriptive illumination levels meets the requirements of the intended use, it is recommended that the IESNA Lighting Handbook or a particular IESNA Recommended Practice (RP) or IESNA Design Guide (DG) standard be consulted and the referenced section be provided with the lighting plan of record for consideration by the municipal agency.

b. One- and Two-Family Homes. The following standards shall apply to all one- and two-family homes:

1. The style of the lighting fixture, mounting and hardware shall be consistent with the architectural style of the principal building. Subject to review and approval by the municipal agency.

2. High mast lighting is not permitted.

3. Free standing lighting shall not exceed 8' feet above grade.

4. Outdoor lighting fixtures used to illuminate architectural and landscape features shall use a narrow cone of light for the purpose of confining the light to the object.

5. All lighting fixtures must have zero uplight (no light beyond nadir) and qualify as a Nighttime Friendly^™ product or be consistent with the LEED^® and Green Globes ^™ criteria for eliminating wasteful uplight and protecting the night sky. Spotlight-type fixtures attached to buildings are not permitted.

6. Where lighting along a property lines will be visible from adjacent residential uses, the lights shall be shielded and light shall not exceed beyond the boundary of the property it serves.

7. Lighting shall not be permitted which requires flashing, intermittent illumination or simulates the effect of motion.

8. Uplighting for home façade shall be permitted but shall be shielded, shall not exceed beyond the boundary of the property, shall not spill on to adjacent structures, and shall be extinguished no later than 12:00 midnight.

§ 30-28.19 Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready Parking Spaces.

[Added 11-29-2021 by Ord. No. 2021:20]

a. Purpose. The purpose of this subsection is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:

1. Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.

2. Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

3. Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.

4. Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.

b. Definitions. As used in this subsection, the following terms shall have the meanings indicated:

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.A.C. 5:23-2 indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

1. Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.

2. Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.

3. Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point-of-sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. EVSE may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

MAKE-READY PARKING SPACE

The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct-current fast chargers. Make-ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a plug-and-play basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).

PUBLICLY ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).

c. Approvals and permits.

1. An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

2. EVSE and make-ready parking spaces installed pursuant to Subsection d below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection c1 above.

3. All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

4. The Borough Zoning Officer and Borough Construction Official shall enforce all signage and installation requirements described in this subsection. Failure to meet the requirements in this subsection shall be subject to the same enforcement and penalty provisions as other violations of Borough of New Milford's land use regulations.

5. An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:

(a) The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

(b) All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

(c) The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.

6. An application pursuant to Subsection c5 above shall be deemed complete if:

(a) The application, including the permit fee and all necessary documentation, is determined to be complete;

(b) A notice of incompleteness is not provided within 20 days after the filing of the application; or

(c) A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

7. EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

8. A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

d. Requirements for new installation of EVSE and make-ready parking spaces.

1. As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

(a) Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;

(b) Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and

(c) Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.

(d) Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

(e) Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.

2. As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection d1 above shall:

(a) Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.

(b) Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.

(c) Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.

(d) Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

(e) Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

(f) In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

(g) Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.

(h) Notwithstanding the provisions of Subsection e above, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.

e. Minimum parking requirements.

1. All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Chapter 8 of the Revised General Ordinances of the Borough of New Milford entitled "Parking and Parking Lots."

2. A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

3. All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

4. Additional installation of EVSE and make-ready parking spaces above what is required in Subsection d above may be encouraged but shall not be required in development projects.

f. Reasonable standards for all new EVSE and make-ready parking spaces.

1. Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

2. Installation.

(a) Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

(b) Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.

(c) To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(d) Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

3. EVSE parking.

(a) Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only.

(b) Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

(c) Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this municipal code. Signage indicating the penalties for violations shall comply with Subsection f5 below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.

(d) Private parking. The use of EVSE shall be monitored by the property owner or designee.

4. Safety.

(a) Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection f5 below.

(b) Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with ordinances and regulations.

(c) Adequate EVSE protection, such as concrete-filled steel bollards, shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three feet to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

(d) EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection f4(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

(e) Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

(f) Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(g) Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, Borough of New Milford shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.

5. Signs.

(a) Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs, including parking restrictions, shall be installed immediately adjacent to, and visible from, the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.

(b) All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.

(c) Wayfinding or directional signs, if necessary, shall be permitting at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection f5(b) above.

(d) In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:

(1) Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;

(2) Usage fees and parking fees, if applicable; and

(3) Contact information (telephone number) for reporting when the equipment is not operating or other problems.

6. Usage fees.

(a) For publicly accessible municipal EVSE. In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be $0 per kWh.

(b) This fee may be amended by a resolution adopted by the governing body.

(c) Private EVSE. Nothing in this subsection shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.

§ 30-29 SIGNS AND AWNINGS. [1]

[1] Editor's Note: Prior ordinance history includes portions of Ordinance No. 91:16.

§ 30-29.1 Definitions.

[Ord. No. 2001:14; Ord. No. 2010:15]

As used in this section, the following terms shall have the meanings indicated:

AREA

Shall mean the surface area computed by drawing a rectangle touching the outermost edges of letters comprising the sign, or the area established by reason of distinctive variation in background color, by borders or by some other equivalent manner, whichever is greater.

AWNING

Shall mean any canopy or covering, consisting of a rigid frame and canvas or vinyl material covering, which shelters the entrance or window area of a commercial building from the elements.

BILLBOARD

Shall mean a sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

FACADE

Shall mean the area from grade level to the top of the highest point of the structure and extending the full width of the structure facing the frontage of the building.

GROUND SIGN

Shall mean any sign, other than a pole sign, in which the entire bottom is in line with or is close to the ground and is independent of any other structure.

MOVING SIGN

Shall mean any sign whereby the sign or a portion thereof is not fixed as a whole or in part moves from its fixed position. This definition shall not preclude a sign from incorporating a clock or temperature reading indicator.

PORTABLE SIGN

Shall mean a sign that is not permanently affixed to a building, structure or the ground (i.e. sandwich board sign).

SIGN

Shall mean any inscription written, printed, painted or otherwise placed on a board, plate, banner or exterior wall, window or awning or upon any material object or any device whatsoever, which by reason of its form, color, wording, activity or technique, or otherwise, attracts attention to itself whether it be used as means of identification, advertisement or announcement. A sign shall also include a description, display or illustration which is affixed to any building, structure or part thereof or any piece of land which displays or includes any letter, word, banner, model, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement. For the purpose of this section, the word "sign" does not include the flag, pennant or insignia of any nation, group of nations, states, cities, or other governmental unit; or the number and name of the street upon which the building is located. This term shall apply only to such signs as are visible and intelligible to persons located outside the building.

TEMPORARY REAL ESTATE SIGN

Shall mean signs of a size, number and composition described in this section displaying the message "for sale," "for rent," "for lease," "open house" or other message intended to attract attention to real property. As used in this Article, "open house" shall mean "real estate open house."

WAYFINDING DIRECTIONAL SIGN

Shall mean signs of a size, number and composition described in this section intended to direct traffic to real property that is for sale, for rent at which an open house is being conducted.

WINDOW SIGN

Shall mean a sign located on the inside of a window, or a sign being visible from the exterior, or a sign secured to the outside face on a window.

§ 30-29.2 General Rules and Regulations; Permit Required.

[Ord. No. 2001:14; Ord. No. 2010:15; Ord. No. 2012:18]

Except for those signs meeting the requirements of paragraphs a, c, e, f and g of subsection 30-29.3, no sign, awning or canopy shall be erected without a permit issued by the Construction Official, which permit shall only be issued for signs, awnings or canopies that comply with the following rules and regulations:

a. No sign shall be erected or placed upon the roof of a building.

b. A sign may be affixed to a parapet; provided, however, that no part of the sign so affixed shall extend more than three (3') feet above the roof deck of the building or from the base of the parapet.

c. Where upon change of ownership a nonconforming sign exists on the property, all applications for replacement and/or additional signs shall be reviewed by and require approval of the Zoning Board of Adjustment. A change of occupancy requires conformance to this section.

d. A window sign that is permanent shall be calculated into the square feet of allowable signage. Window signs shall not exceed 20% of total area of the window, and no window sign shall be more than two (2') feet in height. If there is more than one sign in any window, then said signs shall be grouped together but shall not, as a group, cover more than 20% of the square footage of said window. Any window sign shall be located at either the top section of the window or the bottom section of the window. No window sign or group of signs shall be permitted above the first floor of any building unless the user of the space occupies the area above the first floor only.

e. No sign shall consist of more than four colors, inclusive of black and white.

f. If a sign, which is conforming, is destroyed it may be rebuilt or repaired to its original condition by obtaining a permit. All existing nonconforming signs are deemed to be permitted for current use at the inception of this ordinance, (Ordinance No. 2012:18 was adopted November 26, 2012), until one of the following occurs:

1. Change in ownership, lessee, lessor, inclusive of any individual unit or property.

2. Renovations or alterations to the business façade, signage, or sign graphics.

3. Replacement by malfunction or damage by 50% or greater.

g. No sign shall be illuminated by lighting of intermittent or varying intensity nor by channel light. Lights shall not be arranged so that they line the perimeter of any window in a commercial establishment.

h. Signs may be illuminated but shall not be painted with or composed of neon, fluorescent, phosphorescent or similar material. The use of LED (Light Emitting Diode) lights for sign illumination or letting shall be permitted such that the origin of the light source is not visible in the sign's final display state (i.e. use of filter, lenses). No electronic signs shall be permitted that simulate the effect of motion. Any sign visible by the public advertising business shall conform to subsection 30-29.2d of this section.

i. Illuminated signs shall have sources of reflective light shielded in such a manner that the same is not visible from the street or adjoining properties. Light from illuminated signs shall not exceed beyond your property line.

j. All illuminated signs used in connection with the operation of any business shall be extinguished by 12:00 midnight or one hour after closing, and shall remain extinguished until the business establishment reopens.

k. Permitted lighting for illuminated signs shall be limited to that concentrated upon the face of the sign. All outdoor lighting shall conform to the standards established for outdoor lighting under this chapter. Flashing bulbs are not permitted.

l. Signs in residential areas shall not exceed a maximum size of one square foot per side and may be illuminated only between the hours of 8:00 a.m. and 11:00 p.m. The maximum allowable combination of temporary real estate signs and wayfinding directional signs that may be erected on any one day by a permittee for a registered property is four. Temporary real estate signs and wayfinding directional signs shall neither be illuminated nor have any matter or structural hanging from, attached or appended thereto.

m. No billboards are permitted.

n. Pennants or buntings are permitted, subject to obtaining a permit, except only for openings of or re-openings of businesses for a period of time not to exceed 30 days. No permanent pennants or buntings shall be displayed upon public property. The United States flag, the State flag, the County flag, the POW/MIA flag, and the municipal flag may be displayed. In addition, flags of other states of the United States and other sovereign nations may also be displayed. Multiple display of any flag or flags in such a manner as to be reasonably considered advertising shall not be permitted, with the exception of an opening or reopening of a business, not to exceed 30 days.

o. No signs shall be permitted which compete for attention with, or may be mistaken for, a traffic signal.

p. No wall sign shall extend more than eight (8") inches beyond the face of a building or fascia to which it is attached and may not protrude to obstruct pedestrian traffic.

q. No permanent sign shall be permitted on a property unless it is related to the occupancy of that property. It is the responsibility of the owner to remove all signs which do not relate to an occupancy of the property.

r. Company logos may be permitted on a commercial sign, including temporary real estate signs and wayfinding directional signs. The area of the logo must be contained within the sign area limitations specified in this section.

s. No vehicle or mobile sign shall be used to circumvent the regulations.

t. No revolving or moving sign shall be permitted.

u. No permanent paper signs will be permitted.

v. No temporary or permanent signs shall be permitted on any Borough-owned property which shall advertise any alcoholic beverage.

w. No sign of any type may be affixed to utility poles, traffic signs, traffic sign boxes or poles, mail boxes, fire hydrants, fences, trees, or any public fixtures, or placed along highways, street curblines, or on highway dividers, islands or overpasses, or above streets or highways or on any public property within ten (10') feet of any curbline.

x. The display of a temporary real estate sign and/or wayfinding directional sign complying with this section within any Borough right-of-way shall require prior yearly payment of a fifty ($50.00) dollar fee and the obtaining of a permit. Such permit shall be issued on a current calendar year basis only, notwithstanding when during a year it is applied for. In addition, prior to the placement of a temporary real estate sign or wayfinding directional sign pursuant to such permit, the permittee real estate broker or homeowner shall register the event.

§ 30-29.3 Permitted Signs.

[Ord. No. 2001:14; Ord. No. 2010-15]

The following signs shall be permitted in all zones of the Borough.

a. A nonilluminated nameplate, with the name of the principal occupant or the street number or name of a private dwelling, with an area of not more than one square foot. The title or profession of the principal occupant may also be on such sign.

b. A single-faced sign or bulletin board for a church, school, library, club or other public or quasi-public building or use, with an area of not more than 18 square feet and a maximum length of six (6') feet. Such signs shall not be lighted between the hours of 12:00 midnight and 6:00 a.m.

c. A nonilluminated job site sign giving the names of architects, engineers, landscapers, general contractors, subcontractors, project title and sponsor, owner or tenant, located on a lot during actual construction or work on the premises for a period not to exceed 180 days. Only one such location for a sign shall be permitted which shall be at the principal entrance but at least ten (10') feet from the street property line. The sign shall be removed within seven days after the completion of the construction work. The total area of such sign shall not exceed six square feet in area.

d. One temporary sign, properly affixed, shall be permitted for a period of no more than 30 days. Such temporary displays shall be permitted for any business on no more than four occasions in any calendar year. The total area of such sign on a lot shall not exceed 16 square feet.

e. A nonilluminated temporary sign for advertising the immediate premises for sale or lease which is located upon the premises may have an area of not more than four square feet in surface area. Said sign shall not remain for more than 180 consecutive days for commercial premises and not more than 180 days for residential premises and must be set back a minimum of ten (10') feet from the street property line.

f. All temporary real estate signs and wayfinding directional signs for which a permit is required shall have an area of not more than four square feet in surface area.

1. Once registered, such signs may be displayed only on the Saturday and Sunday of an open house, between the hour of 11:00 a.m. and 6:00 p.m.

2. Such signs shall not impede vehicular or pedestrian traffic in any way and may be located (a) within the public right-of-way, but not upon or within the travel portion of any street or sidewalk, within a required sight triangle, or on any pole, tree, fire hydrant, traffic or parking sign, public waste receptacle, bus shelter or other structure located within the public right-of-way; or (b) or other property provided there exists a written agreement signed by the owner.

3. Such signs must be maintained in good condition and repair, be of sound construction such as a metal "A" frame design, or secured to the ground with metal stakes, the total height not to exceed thirty-six (36") inches above the ground, and contain not more than two sign faces.

4. Every such sign shall identify, at a minimum, the real estate broker or homeowner sponsoring the open house.

5. The real estate broker or homeowner sponsoring an open house shall be responsible for complying with the provisions of this section, particularly the installation and removal of such signs within the designated times provided for in paragraph 1, above.

6. A permittee who will sponsor an open house shall file, before a permit shall be issued, (a) a permit application form and fee with the Zoning Official to obtain a permit; (b) a certificate of insurance with the Zoning Official evidencing that liability insurance is in effect in an amount of not less than one million ($1,000,000.00) dollars and naming the Borough as an additional insured, issued by an insurance company authorized to do business within the State of New Jersey; and (c) with the Borough Clerk a signed indemnification and hold harmless agreement, in a form acceptable to the Borough Attorney, agreeing to indemnify and hold harmless the Borough, its officers, elected officials, agents, employees and assigns, from any and all claims, suits or causes of action for damages or injuries resulting from the placement of such signs upon the public right-of-way.

g. Portable signs, such as sandwich board signs, shall be permitted under the following conditions: at commercial establishments in commercial zones; shall have a maximum dimension of thirty by forty-eight (30" x 48") inches on each face when folded; shall be professionally manufactured; shall not be illuminated; shall not be located in the public right-of-way nor be placed as to pose a danger to vehicles or pedestrians and must be properly secured. Only one such sign shall be permitted per establishment. All portable signs shall be removed at the end of the business day. Portable signs shall be permitted at establishments without an existing front yard only after application and approval from the Construction Code Official.

h. Wall signs for retail use shall be limited to one illuminated or nonilluminated sign on the principal front facade of the building, provided that where a retail use is located on a corner lot, it may have a second sign on the wall facing the side street which second sign shall not exceed 50% of that permitted on the principal front facade. The front facade sign shall not exceed a size of 24 square feet. The lettering on retail signs shall be limited to the principal name of the company and its principal product of sale or occupation and/or logo or address.

i. In the event of multiple use of a retail building, one sign shall be permitted for each such use on the first floor of the front facade. The sign for each such retail use shall not exceed 24 square feet or one and one-half (1.5) square feet of sign area for each linear front foot of the building, whichever is less. Where a retail use is located on a corner, such use may have a second sign on the wall facing the side street, which second sign shall not exceed 50% of that permitted on the principal front facade.

j. Wall signs for office buildings, laboratories or nonretail commercial uses shall have the same requirements as the signs for retail uses covered under this section, with the exception that its lettering shall be limited to the names of the occupants, a numerical sign indicating the street address of the building and the name of the building. Also, buildings exceeding 10,000 square feet can increase their sign size to 5% of the area of the front facade or a size of 100 square feet, whichever is less.

k. Ground signs for office buildings, laboratories, nonretail commercial or retail uses are permitted with the limitation of one double-faced illuminated or nonilluminated sign allowed per building at a location at least ten (10') feet back from the street property line and of a size not to exceed 18 square feet on each side and/or nine (9') feet in length. The top of the sign shall not exceed six (6') feet above the average grade at the sign location. Multi-use buildings will be permitted to list their occupants; however, no increase in size from a single occupancy will be permitted.

l. Directory signs are permitted. The total area shall not exceed eight square feet. The directory sign shall not be included in computing the footage of ground and/or facade signs.

m. A double-faced or single-faced entrance/exit sign shall be permitted for any building. The square foot area of the sign will not be deducted from the allowed square footage for other permitted signs on the property. Such signs shall be uniform in size, comply with the standards of the "Uniform Manual of Traffic Control Devices" and shall as a minimum meet the following requirements:

1. Size. The size shall be one (1') foot in height; two (2') feet in length; twelve (12") inches in depth.

2. Lettering shall be limited to only the name of the principal occupant and the word "Entrance" or "Exit."

3. Illumination. The sign must be reflective surfaced or of illumination which shall conform to the standards established for outdoor lighting under this chapter.

4. Height. The height of the sign from mean ground level shall not exceed four (4') feet.

5. Location. The sign shall be placed on the far side of the entrance driveway relative to the direction of the traffic flow and shall be located on the owner's property with no required setback from the property line.

n. Canopy and awning signs shall be permitted, provided that the proposed canopy or awning is complementary in color, and proportionate in shape and size, with the building to which it is affixed. The metal or rigid frame portion of the canopy or awning shall be a minimum of eight (8') feet in height from grade and not extend over public property. The lettering on a canopy or awning shall be limited to the name, address, logo and phone number of the occupant. The area of such lettering shall be included in the total sign calculations. In the event a building has more than one canopy or awning, all shall be uniform in color, shape, and design.

§ 30-29.4 Design and Maintenance; Application Requirements.

[Ord. No. 2001:14]

a. It is in the intention of this section to classify signs and awnings as an accessory to the building. Thus, all signs and awnings shall be designed to maintain and be consistent with the aesthetic design of the structure and the character of the neighborhood, in addition to identifying the structure and the services rendered therein.

b. All sign and awning applications shall be submitted to the Construction Official and shall depict on a drawing all the data necessary to evaluate compliance with this section, including size, colors, method of illumination, the materials of the sign, location, and a detailed drawing showing the full facade of the building on which any proposed wall sign is to be placed.

c. A site plan bearing the seal of a New Jersey engineer or architect must be submitted with each ground sign application indicating thereon the location of the ground sign and setback measurements from the street lines.

d. All signs or awnings shall be properly maintained so as to be free of any unsightly condition, unkempt appearance or safety hazard that adversely affects the aesthetic quality of the surrounding neighborhood.

§ 30-29.5 Comprehensive Sign Design Review by Planning Board.

[Ord. No. 2001:14]

a. A sign applicant or agent for a building occupied by a multiple-tenanted building must apply to the Planning Board for a comprehensive sign design review. The comprehensive sign design review is a vehicle to encourage the imaginative integration of signage into the framework of a new or existing building. Under this plan, the total area of signs on a single- or multiple- tenanted building may, upon approval of the Planning Board, be at variance to the maximum regulations set forth in the sign ordinances. Upon completion, the necessary application is to be filed with the Construction Official.

b. In applying comprehensive sign design, the Planning Board shall consider, but will not be limited to, such factors as:

1. The extent of variation to the regulations of the ordinances;

2. The effect of the sign on neighboring properties;

3. The proportion of sign area to the proportion of wall area where the sign is to be located;

4. The positioning of the sign within the architectural framework of the building.

c. An application for a comprehensive sign design review must be filed with the Construction Official and shall include:

1. A scaled elevation drawing of the entire building facade(s);

2. The proposed sign(s) clearly delineated on the elevation drawing, plus detailed drawings, as deemed necessary by the Construction Official and/or Planning Board, indicating color and style of lettering;

3. An eight by ten (8" x 10") inch color photograph(s);

4. An agency authorization of all tenants or occupants of a tenanted building, stating their intention to participate in a comprehensive sign design.

d. The sign(s) must conform to this section in all other respects.

§ 30-30 CONSTRUCTION SUBCODE OFFICIAL; DISCRETIONARY POWER.

[Ord. No. 91:16 § XLVI]

The Construction Official, at his discretion, may refer any application for a building permit to the approving authority for site plan approval where, in the Construction Official's judgment, the construction, reconstruction, alteration or changes of use will affect motor vehicle and pedestrian circulation, drainage, water supply, sewage disposal, landscaping, signs, lighting, off-street parking or loading or any lack of any or all of these factors, environmental factors, and other considerations as specified in this chapter.

§ 30-31 MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) ZONES.

§ 30-31.1 Purpose.

[Ord. No. 2017:01]

The purpose of this district is for a mixture of residential, commercial, and recreational uses.

These districts are primarily intended for the conduct of commerce, general business and the sale of commodities, and all such uses shall be permitted subject to the restrictions, if any, relating to that business provided for herein.

§ 30-31.2 Inclusion of Certain Lands in District.

[Ord. No. 2017:01]

The following lands and premises known and designated as Block 1309, Lot 1.02 and Block 501, Lots 9 and 10 as shown on the current assessment map of the Borough of New Milford be and the same are located and included in the MUPUD Zone and are subject to all the terms, conditions, regulations, restrictions and requirements which apply to the MUPUD Zone.

§ 30-31.3 Permitted Uses.

[Ord. No. 2017:01]

a. The MUPUD Zone is divided in three areas as shown on the supplemental zoning map. The designation of the areas on the map shall prevail over the description of areas contained in this section, which is for informational purposes only. The areas shall be designated as follows:

1. Area A — Approximately 4.15 acres at the south side of Block 1309, Lot 1.02 adjacent to John D. Cecchino Drive.

2. Area B — Approximately 9.5 acres at the north side of Block 1309, Lot 1.02 adjacent to Main Street.

3. Area C — Block 501, Lots 9 and 10.

b. The following uses shall be permitted in the MUPUD Zone:

1. Area A — Public recreation, including playing fields, grandstands, concession stands, and public parking, restrooms, storage sheds and any structure or use customary to playing fields.

2. Area B — A bank, a supermarket (which may include, among other things, an area of tables and seats where patrons may consume hot and cold food purchased on site), and parking.

3. Area C — Up to 135 multifamily housing units, which may in the form of townhouses, garden apartments, or mid-rise multifamily structures, and up to 12,500 square feet of floor area for the conduct of commerce, general business and the sale of commodities and services (including but not limited to supermarket and banking uses), and parking.

§ 30-31.4 Permitted Accessory Uses.

[Ord. No. 2017:01]

a. Signs.

b. Fences and walls.

c. Off-street parking.

d. Stormwater management and flood control structures.

e. Public sewer facilities.

f. Other customary accessory uses, buildings, and structures which are clearly incidental to the principal use and building.

§ 30-31.5 Development Standards for Area B.

[Ord. No. 2017:01]

a. Minimum Lot Area: 4.0 acres

b. Minimum Lot Frontage: 200 feet

c. Minimum Front Yard Setback: 50 feet

d. Minimum Side Yard Setback: 30 feet

e. Minimum Rear Yard Setback: 20 feet

f. Maximum Building Coverage: 20%

g. Maximum Impervious Coverage: 85%

h. Maximum Building Height: 2 stories / 50 feet

i. Parking: 1 space per 200 square feet of floor area

§ 30-31.6 Development Standards for Area C.

[Ord. No. 2017:01]

a. Minimum Lot Area: 4.0 acres

b. Minimum Lot Frontage: 200 feet

c. Minimum Front Yard Setback: 50 feet

d. Minimum Side Yard Setback: 20 feet

e. Minimum Rear Yard Setback: 35 feet

f. Maximum Building Coverage: 30%

g. Maximum Impervious Coverage: 80%

h. Maximum Building Height: 4 stories / 50 feet

i. Maximum Gross Residential Density: 35 units/acre

j. Maximum Number of Residential Units: 135 units

k. Maximum Floor Area for Nonresidential Uses: 12,500 square feet, limited to the first floor.

l. Residential Parking: per RSIS

m. Nonresidential Parking: 1 space per 200 square feet of floor area.

§ 30-31.7 Development Standards Applicable to Both Areas B and C.

[Ord. No. 2017:01]

a. Utilities. All telephone, electric transmission and service lines, cable television and all other utility wiring whatsoever shall be placed underground. Any satellite dishes shall be screened so as not to be visible from the ground.

b. Sidewalks.

1. Concrete sidewalks a minimum of 4 feet in width, constructed in accordance with the Borough Engineer's specifications, shall be provided:

(a) To and from buildings and parking areas.

(b) To and from buildings and roads and access ways.

(c) To each entrance in each building.

2. No sidewalks, with the exception of those leading to and from building entrances and exits, shall be placed closer to a building than 10 feet.

§ 30-31.8 Affordable Housing.

[Ord. No. 2017:01]

a. The residential development in Area C shall include housing affordable to low and moderate income households. Twenty percent of the units must be reserved for, and affordable to, low or moderate income households. Of these, at least half must be reserved for, and affordable to, low income households. The developer may designate that the low and moderate income units will be rental units. If the developer designates that the low and moderate income units are rental units, at least 26 percent of the low income units must be reserved for, and affordable to, very low income households. Low and moderate income units designated as rental units shall be maintained as rental units for a period of at least 30 years.

b. Low and moderate income housing units shall be governed by the standards set forth in the Uniform Housing Affordability Controls, N.J.A.C. 5:89-26.1 et seq.

c. Nonresidential development in the MUPUD Zone shall be exempt from any municipal development fee or fee in lieu of construction of low and moderate income housing.

d. The construction of low and moderate income housing shall be phased with the construction of market-priced housing, as follows:

Minimum Percentage of Low and Moderate Income Units Completed	Percentage of Market Housing Units Completed
0	25
10	25 + 1
50	50
75	75
100	90

e. For purposes of the schedule set forth in paragraph d above, a newly constructed unit shall be considered complete when the certificate of occupancy is issued.

§ 30-31.9 Signage.

[Ord. No. 2017:01]

In addition to any other signage permitted by ordinance, a pylon sign shall be permitted in Area B facing Madison Avenue, which may be 22 feet high and 14 feet wide, with a total signage area of no more than 210 square feet.

§ 30-31.10 PUD Requirements.

[Ord. No. 2017:01]

a. No development shall be permitted in the MUPUD Zone except pursuant to a General Development Plan granted by the Planning Board. The General Development Plan may include either Areas A and B, Area C, or Areas A, B, and C.

b. A general development plan shall include the following:

1. A general land use plan at a scale specified by ordinance indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided;

2. A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access.

3. An open space plan showing the proposed land area and general location of any land area to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of such recreational lands;

4. A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, and proposed methods for handling solid waste disposal;

5. A storm water management plan setting forth the proposed method of controlling and managing storm water on the site;

6. A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality pursuant to PL. 1985, c. 222 (C. 52:27D-301 et al.) will be fulfilled by the development;

7. A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety; and

8. A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the planned development.

§ 30-32 through § 30-35. (RESERVED)

§ 30-36 PENALTIES; SEVERABILITY.

§ 30-36.1 Violations and Penalties.

[Ord. No. 77:1; New]

Each 24 hours' violation of any provision of this chapter by any owner or lessee or other person shall be deemed a separate offense, punishable by the penalty stated in Chapter 1, Section 1-5.

§ 30-36.2 Severability.

[Ord. No. 77:1; Ord. No. 91:16 § XLVII]

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter. The Mayor and Council hereby declare that they would have passed this chapter and each section and subsection thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.

§ 30-37 through § 30-44. (RESERVED)