Borough of Moonachie, NJ
Bergen County
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Table of Contents
Table of Contents
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-1.1]
The short form by which this chapter shall be known shall be the Zoning Chapter of the Borough of Moonachie.
[Ord. #72-10; Ord. #79-20; Ord. #80-8; 1970 Code § 17-1.2]
The purpose of this chapter is to establish a pattern for the use of land and buildings in the Borough based on the Master Plan for the Borough and enacted in order to promote the following:
a. 
To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general welfare;
b. 
To secure safety from fire, flood, panic and other natural and man-made disasters;
c. 
To provide adequate light, air and open space;
d. 
To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the County and the State as a whole;
e. 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;
f. 
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
g. 
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;
h. 
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;
i. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements;
j. 
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;
k. 
To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site;
l. 
To encourage senior citizen community housing construction; and
m. 
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-1.3]
The provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions, the provisions of this chapter shall control. Where other laws, rules, regulations or resolutions require greater restrictions than is imposed or required by this chapter, the provisions of such laws, rules, regulations, or resolutions shall control.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-2]
Unless the context otherwise indicates, the following definitions shall be used in the interpretation and construction of this chapter. Words used in the present tense include the future; the singular number shall include the plural and the plural, the singular; the word "structure" shall include the word "building": the word "person" shall include a corporation as well as an individual; the word "lot" shall include the word "plot"; the word "occupies" shall include the words "designed or intended to be occupied"; the word "used" shall include the words "arranged, designed, constructed, altered, converted, rented, leased or intended to be used"; the word "shall" is mandatory and not optional, and the word "may" is permissive.
[Ord. #79-20; Ord. #80-8; Ord. #81-1, § 1; 1970 Code § 17-2; New; Ord. #2009-2]
As used in this chapter:
ACCESSORY USE OR STRUCTURE
A use or structure subordinate to the principal use of a building or structure on the same zone lot and serving a purpose customarily incidental to the principal use of the principal building. It is intended but not by way of limitation to include permanent and/or temporary swimming pools as accessory uses to residential structures for the purposes of this definition.
ACT
The New Jersey Compassionate Use Medical Marijuana Act, P.L. 2009, c. 307 (approved January 18, 2010), codified at N.J.S.A. 24:6I-1 et seq.
[Added 10-24-2019 by Ord. No. 2019-4]
AISLE
The vehicular access to a parking space.
ALTERATION, STRUCTURAL
Any change in the supporting members of a building such as walls, columns, beams or girders.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form for all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to law.
BASEMENT
A story having more than 25% of its clear height below the average level of the adjoining ground.
BILLBOARD
Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds giving the name and occupation of the user of the premises, the nature of the business conducted therein, or the products primarily sold or manufactured therein.
BUFFER STRIP
An area of specified width adjacent to a lot line which may include but be limited to an area planted with trees, shrubs, ground covers or other vegetation which is designed to screen the view, noise and glare of cars or buildings from adjacent properties or roads. Buffer strips in all nonresidential districts shall comply with the requirements of Subsection 22-5.11a.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING CODE
The State Uniform Construction Code.
BUILDING COVERAGE
The square footage or other area measurement by which a primary or accessory building or structure occupies the land as measured at the grade line around the foundation.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the finished grade five feet away from the front of the building to the top of the roof surface for mansard and flat roofs and to the vertical mid-point between the base of the roof and its peak for peaked roofs.
BUILDING, COMMUNITY
A public building for civic, social, education, cultural or recreational activities of a neighborhood or community not operated primarily for monetary gain.
BUILDING, PRINCIPAL
A structure in which is conducted the principal use of the site on which it is situated.
CELLAR
A story having more than 25% of its clear height below the average level of the adjoining ground.
COMMERCIAL VEHICLE
A licensed motor vehicle which meets any one of the following criteria:
a. 
The vehicle is licensed for commercial purposes.
b. 
The vehicle contains a sign, advertisement or other graphics indicating that its use is for commercial purposes.
c. 
The vehicle has a capacity in excess of 3/4 ton.
d. 
The vehicle has a gross weight in excess of 3 1/2 tons.
e. 
The design of the vehicle clearly indicates that its primary purpose is the transport of goods or produce.
COMPLETE APPLICATION
An application form completed as specified by ordinance and the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the application for development, including where applicable but not limited to, a site plan or subdivision plat; provided that the municipal agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for the approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of commencement of the time period for action by the municipal agency.
COUNTY PLANNING BOARD
The county planning board as defined in Section 1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1) of the county in which the land or development is located.
CURB LEVEL
The elevation, established by existing curbs or Borough Code of the street grade at the point that is opposite the center of the wall nearest to and facing the street line. Where a building is on a corner lot the curb level is the average of such elevations on the two intersecting streets.
DEPARTMENT
The Department of Health and Senior Services.
[Added 10-24-2019 by Ord. No. 2019-4]
DISTRICT
Any part of the territory of the Borough defined on the Zoning Map within which certain uniform regulations and requirements of this chapter apply.
DWELLING
A building which is designed or used exclusively as the living quarters for one or more families.
DWELLING, ONE-FAMILY
A building occupied or intended to be occupied for residence purposes by one family. A mobile home shall not be considered as a one-family dwelling.
DWELLING, TWO-FAMILY
A building containing not more than two dwelling units and intended for residential occupancy by not more than two families living independent of the other and each with its own separate sleeping, cooking and sanitary facilities, but not including mobile homes.
FAMILY
Any number of persons related by blood, marriage or adoption or a group of not more than three persons not so related who are living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common. A family may also include foster children placed by the New Jersey State Board of Child Welfare or a duly incorporated child care agency. This definition is intended to be construed in accordance with the developing concepts enunciated by the public policies of this state.
GARAGE, COMMERCIAL
A building used for the parking and storage of motor vehicles.
GARAGE, PRIVATE
A detached accessory building or portion of a main residential building for the parking of vehicles of the occupants of the main building to which the garage is accessory.
GARAGE, PUBLIC
A building or part thereof, other than a private garage, used for the sale, lease, storage, service or repair of motor vehicles and automotive accessories.
GROSS FLOOR AREA
The sum of the horizontal areas formed by using the outside dimensions of the building, excluding, in dwellings, the area of an attached garage, open porch or patio and further excluding the area used as a cellar. Only those floor areas which have a ceiling height of seven feet or more shall be eligible for inclusion in the gross floor area. The gross floor area shall include kitchens, closets, bathrooms, and hallways within the dwelling unit in addition to the area of all other rooms within the dwelling unit.
INDUSTRIAL PARK
One or more buildings erected within an area or tract as part of an integrated and comprehensively planned total unit whether or not the buildings are erected simultaneously or over a period of time.
JUNKYARD
Any area of open land, with or without buildings, regardless of size, devoted to the storage, keeping or abandonment of junk or debris. It shall include but not be limited by, abandoned automobiles, tires, automobile parts, paper, rags, metal, glass or plastic containers, old household appliances, wood, lumber, brush, and any stumps or any other debris of any material whatsoever.
LIVABLE FLOOR AREA
The floor area within a residential structure to be used for habitation excluding cellars, attics, utility (heating and cooling) rooms, and garages and open porches.
LOADING SPACE
An off-street space or berth on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading or unloading material.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
a. 
A parcel of land at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°.
b. 
A parcel of land other than a corner lot.
c. 
A parcel of land which extends through from one street to another.
LOT AREA
The area contained within the lot lines of a lot but shall not include any portion of a street right-of-way.
LOT DEPTH
The horizontal distance between the front and rear lot lines measured from the mid-point of the front line to the mid-point of the rear lot line.
LOT LINE
A line of record bounding the lot.
a. 
The lot line separating the lot from the street right-of-way; also referred to as a "street line."
b. 
The lot line opposite and most distant from the front lot line.
c. 
Any lot line other than a front or rear lot line.
NOTE: With corner lots, there shall be two front lot lines. The rear lot line shall be opposite the shorter front lot line, and the side lot line shall be opposite the longer front lot line.
LOT WIDTH
The horizontal distance between side lot lines measured at the required front yard setback line.
MARIJUANA
All parts of the plant genus Cannabis L., whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant; but shall not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination as defined by the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-2).
[Added 10-24-2019 by Ord. No. 2019-4]
MEDICAL MARIJUANA ALTERNATIVE TREATMENT CENTER or ALTERNATIVE TREATMENT CENTER
An organization approved by the Department to perform activities necessary to provide registered qualifying patients with usable marijuana and related paraphernalia in accordance with the provisions of the New Jersey Compassionate Use Medical Marijuana Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.). This term shall include the organization's officers, directors, board members, and employees.
[Added 10-24-2019 by Ord. No. 2019-4]
MEDICAL MARIJUANA CENTER
An entity permitted by a state agency to sell marijuana and marijuana products to registered qualifying patients directly or through the patients' registered primary caregivers pursuant to the New Jersey Compassionate Use Medical Marijuana Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.).
[Added 10-24-2019 by Ord. No. 2019-4]
MEDICAL MARIJUANA CULTIVATION FACILITY
A commercial entity licensed under the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1 et seq., that cultivates, dries, trims, or cures marijuana for sale to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. This entity shall hold all required state licenses and permits.
[Added 10-24-2019 by Ord. No. 2019-4]
MEDICAL MARIJUANA MANUFACTURING FACILITY
A commercial facility licensed under a commercial entity licensed under the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A.24:6I-1 et seq., that receives marijuana from a licensed cultivation facility and extracts resin from the marijuana or creates a marijuana-infused product for sale and transfer in packaged form to a medical marijuana center. This entity shall hold all required state licenses and permits.
[Added 10-24-2019 by Ord. No. 2019-4]
MEDICAL MARIJUANA SAFETY COMPLIANCE FACILITY
A commercial facility licensed under the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1 et seq., that receives marijuana from a licensed cultivation facility, licensed processing facility, or licensed caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marijuana to the marijuana facility.
[Added 10-24-2019 by Ord. No. 2019-4]
MEDICAL USE OF MARIJUANA
The acquisition, possession, transport, or use of marijuana or paraphernalia by a registered qualifying patient as authorized by the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-2).
[Added 10-24-2019 by Ord. No. 2019-4]
MOBILE HOME
Any commercially manufactured vehicle, or combination thereof, used, designed or intended for use, for permanent occupancy as living quarters for one-family, designed to be moved occasionally from one location to another by means of wheels affixed to an axle or carriage affixed to the vehicle, propelled by the power of another vehicle to which it may be attached, whether the axle or carriage to which the wheels may be affixed is detachable or detached.
MOBILE HOME PARK
One or more parcels of land under single ownership which have been planned for the placement of two or more mobile homes, appurtenant structures or additions provided that mobile homes shall not be stacked one on top of the other.
MOTEL
A building or group of buildings providing guest rooms, and may have outside entrances, a public lobby, and one or more public dining rooms.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements to the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
OWNER
The owner or tenant of a single lot in the Borough of Moonachie;
PARKING AREA, PRIVATE
Any area including parking stalls and maneuvering aisles used for the temporary storage of automobiles and other vehicles for the private use solely by the occupants thereof to which such use is accessory.
PARKING AREA, PUBLIC
Any area other than a street or other public way used for the temporary storage of automobiles and other vehicles and available to the public, whether for a fee or without compensation, or as an accommodation for clients, customers or employees.
PARKING SPACE
An area of not less than nine feet wide by 20 feet in length either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for one family dwellings from being considered off-street parking areas provided that no portion of the private driveway within the right-of-way line of the street intersected by the driveway shall be considered off-street parking space. The nine feet by 20 feet area is intended to be sufficient area to accommodate the exterior extremities of the vehicle, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space.
PARKING SPACE, ENCLOSED
An area not less than 12 feet wide and 20 feet long for the parking of one motor vehicle. A minimum width of 22 feet is required for the parking of two motor vehicles.
PODS®
Portable on-site demand storage.
PROFESSIONAL OFFICE
The offices of a dentist, physician, artist, planner, surgeon, teacher, attorney, clergyman, accountant, engineer, architect, insurance or real estate agent or any other recognized professional licensed as such by the State of New Jersey.
RESTAURANT
An enclosed building designed primarily for service of food and beverages for consumption by customers within the building, and the term restaurant shall not be interpreted to include, and is defined to exclude, any facility where customers can purchase food or beverages without physically entering a fully enclosed building, and any facility which serves food or beverages without adequate seating facilities for consumption thereof within the confines of the building in which the business is conducted; provided, however, that this provision shall not be construed to prohibit a restaurant as hereinabove defined, from providing an ancillary or accessory function, which is not its primary function, of "take out" or delivery service of food or beverages for consumption at some other location away from the restaurant premises.
RESTAURANT, FAST-FOOD
A restaurant whose primary, normal and usual method of operation consists of the sale (over the counter or in a similar manner) of food or beverages wrapped in paper or other disposable container, to a customer who is required to carry such wrapped or packaged food or beverage from the place where he or she receives same to some other location for consumption.
SERVICE STATION
Land and building designated and used for providing for the sale of fuel, lubricants and automotive accessories and for providing maintenance and minor repairs for motor vehicles, but not including body repairs or, under any circumstances, the storage of inoperable or wrecked vehicles.
SETBACK LINE
A line drawn parallel to a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required front yard setback" shall mean a line that is established a minimum distance from the existing or the future street right-of-way or front lot line within which a building or part of a building is not permitted to extend toward the street in order to provide the required yards.
SHORT-TERM RENTAL
The accessory use of a dwelling unit for occupancy by someone other than the unit's owner or permanent resident for a period of less than 180 consecutive days.
[Added 5-23-2019 by Ord. No. 2019-2]
STANDARDS OF PERFORMANCE
Standards:
a. 
Adopted by ordinance pursuant to law regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Borough; or
b. 
Required by applicable federal or state laws or municipal ordinances.
STORAGE CONTAINER
A receptacle or container that is less than 1,500 cubic feet or any aggregate of that total (if multiple PODS®), that is suitable for the depositing of household furnishing, clothing and similar materials for the purpose of storage of same by the owner on a temporary basis when moving, construction or renovation is on-going by the owner on his/her lot in the Borough. PODS®, a registered trademark, are included within this definition of a storage container, of which the POD or storage container must also be in good condition.
STORY
That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. The first story of any building shall be where more than 75% of the story is above the average level of the adjoining ground.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way:
a. 
Which is an existing state, county or municipal roadway; or
b. 
Which is shown upon a plat heretofore approved pursuant to law; or
c. 
Which is approved by official action as provided by statute; or
d. 
Which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET LINE
The dividing line between the existing or future street right-of-way and a lot. Where title to land extends into or to the center of a street, the edge of the present right-of-way of the street including any drainage ditch shall nevertheless be deemed to be the street line.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land including, but not limited to, buildings, fences, tanks, towers, signs and advertising devices.
SWIMMING POOL, PORTABLE
Portable pools shall not be subject to the requirements of this chapter and are those pools which are not otherwise permanently installed, do not require water filtration, circulation and purification, do not exceed two feet of water depth, do not exceed a water surface area of 80 square feet, and do not require braces or supports.
SWIMMING POOL, PRIVATE RESIDENTIAL
Includes artificially constructed swimming pools or tanks, plastic or otherwise permanently established or maintained upon any premises by any individual for his own or his family's use or guests of his household.
SWIMMING POOL, PUBLIC OR PRIVATE CLUB
Includes either outdoor or indoor pools which are artificially constructed to provide recreational facilities for swimming, bathing, or wading.
SWIMMING POOLS, WADING
Includes artificially constructed pools not designed or used for swimming and having a maximum depth of two feet.
TRANSCRIPT
A typed or printed verbatim record of proceedings or reproduction thereof.
USE
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
VARIANCE
The Board of Adjustment's or Planning Board's authorized departure from the literal requirements and terms of this chapter in accordance with the procedures contained herein.
YARD
An open space which lies between the principal or accessory building or buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.
a. 
An open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter. The depth of the street yard shall be measured horizontally and shall be the minimum distance between the front lot line and the building.
b. 
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. The depth of the rear yard shall be measured horizontally and shall be the minimum distance between the rear lot line and the building.
c. 
An open, unoccupied space between the side line of the lot and the nearest line of the principal building and extending from the front to the rear yard. The width of the side yard shall be measured horizontally and shall be the minimum distance between the side lot line and the building.
ZONING MAP
The Zoning Map of the Borough, dated May 10, 1979, together with all amendments subsequently adopted.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-3.1]
For the purpose of this chapter the Borough is hereby divided into use districts as follows:
R-1
One-Family Residential
R-2
Two-Family Residential
MHP
Mobile Home Park
B-1
General Business
B-2
Limited Business
M
Manufacturing
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-3.2]
The boundaries of these districts are hereby established as shown on the map entitled "Zoning Map of the Borough of Moonachie" dated May 10, 1979, and prepared by Malcolm Kasler & Associates which accompanies and is hereby made a part of this chapter.
[1]
Editor's Note: The Zoning Map referred to herein can be found as an attachment to this chapter.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-3.3]
District boundary lines are intended to follow street center lines, streams and lot or property lines as they exist on May 10, 1979, unless otherwise indicated by dimensions on the Zoning Map. The exact location of any disputed district boundary line shall be determined by the Board of Adjustment.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-3.4]
Where a vacated street is bounded on either side by different districts, the former center line of the vacated right-of-way shall be considered the district boundary line.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-4.1; Ord. #2004-18]
The restrictions and controls intended to regulate construction and use of buildings in each zoning district are set forth in the attached "Schedule of District Use Regulations" and "2003 Schedule of Area, Bulk and Yard Requirements" is hereby declared to be a part of this chapter.
[1]
Editor's Note: The schedules referred to herein can be found as an attachment to this chapter.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-4.2]
No building shall hereafter be erected, altered, converted, enlarged, or reduced wholly or in part, except in conformity with this chapter.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-4.3]
Where a lot is formed from part of a lot already occupied by a building, such subdivisions shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zone wherein it is located and so that all lots have frontage on a street.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-4.4]
In particular, water supply and waste disposal regulations of the Borough Board of Health and the State Department of Environmental Protection shall be adhered to. Further, no building permit shall be issued until approval is obtained from the local Board of Health and from the Department of Environmental Protection where required or requested.
[Ord. 2003-2, §§ 1, 2]
a. 
Sexually Oriented Adult Entertainment.
1. 
Location Conditions. No such use shall be located or operate upon premises the outside boundary of which is within 1,000 feet of the outside boundary of any premises upon which there is located a place of worship, school, playground, park, recreational facility, residence, hotel, motel, mobile home parks or other premises upon which there is conducted sexually oriented adult entertainment or any carnival like businesses.
2. 
Sexually Oriented Entertainment as an Accessory to Permitted Uses. There is hereby prohibited the conduct or operation or portion thereof providing sexually oriented adult entertainment as an accessory to an otherwise permitted use in all zones except where otherwise permitted.
(a) 
Location Conditions. No such accessory use shall be located or operated upon premises from outside a boundary of which is within 1,000 feet of the outside boundary of any other premises upon which that use is conducted as a principal or accessory use.
3. 
Designated Area. The Borough specifically designates as the area in which sexually oriented adult entertainment or carnival like business can be conducted as an accessory use to be as follows:
(a) 
From the intersection of Empire Boulevard and State Street, west to the intersection of Empire Boulevard and Terminal Lane.
b. 
Medical marijuana uses.
[Added 10-24-2019 by Ord. No. 2019-4]
1. 
Location conditions:
(a) 
All facilities must be designed and operated to minimize the amount of pesticides, fertilizers, nutrients, marijuana, and other potential contaminants discharged into the public wastewater and/or stormwater systems.
(b) 
A list of all pesticides, fertilizers, and any other hazardous materials that are expected to be used in the cultivation process.
(c) 
All facilities must be designed to minimize odors emanating from the marijuana plants.
(d) 
All facilities must submit an odor management plan.
(e) 
All facilities must maintain a secure, closed, clean environment in the room where marijuana is to be stored, grown, processed, or tested, in order to prevent outside contamination and prevent the inadvertent and/or unauthorized removal of marijuana from the facility. All facilities must provide shower and locker room facilities for employees to ensure the provision of a clean environment.
(f) 
All facilities must have adequate security to prevent access to the marijuana by nonauthorized personnel, including unauthorized removal. All rooms that contain marijuana, in any form, must be individually locked and accessible only to authorized personnel.
(g) 
All drying, soil mixing, testing, processing, and other nongrowing activities must take place in a separate room from any growing activities.
2. 
Designated area.
(a) 
No medical marijuana center, medical marijuana alternative treatment center (ATC), medical marijuana safety compliance center, medical marijuana manufacturing facility or medical marijuana cultivation facility shall be located within the following distances from the specified land uses listed below:
(1) 
One thousand feet from a place of worship, school, playground, park, recreational facility, residence, or mobile home park.
(2) 
One thousand feet from any premises serving alcohol.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-5.1]
a. 
Accessory Buildings as Part of Principal Buildings. Any accessory building attached to a principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
b. 
Accessory Buildings Not to Be Constructed Prior to Principal Buildings. No building permit shall be issued for the construction of an accessory building prior to the issuance of a building permit for the construction of the main building upon the same premises. If construction of the main building does not proceed or coincide with the construction of the accessory building, the Construction Official shall revoke the building permit for the accessory building until construction of the main building has proceeded substantially toward completion.
c. 
Distance from Adjacent Buildings. The minimum distance of portion of the accessory building from an adjacent building on the same lot shall be 20 feet.
d. 
Height and Area of Accessory Buildings. Accessory buildings shall not exceed one story or 15 feet in height and may not occupy more than 25% of the yard in which located or a maximum of 900 square feet, whichever is smaller.
e. 
Location. A detached accessory building shall comply with all street yard requirements. Such accessory building shall be permitted to have a minimum rear yard setback of five feet and a minimum side yard setback of five feet.
f. 
Second Dwelling Prohibited. In no case shall there be permitted more than one residential structure on a lot.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-5.2; Ord. #90-4]
a. 
Purposes. The purposes for relating the exterior appearance of residential buildings shall be to:
1. 
Reduce the adverse effect which uniformity in the exterior design and appearance of dwellings in the same neighborhood would have on the desirability of the immediate and neighboring areas for existing and future residential and business purposes.
2. 
Enhance the value of both improved and unimproved real property in such areas and lessen the deterioration of conditions affecting the health, safety and morals of the inhabitants thereof and the community at large.
3. 
Prevent the loss of tax revenue and the destruction of a proper balance between the taxable value of real property in such areas and the cost of municipal services provided therefor.
b. 
Residential Standards. The following standards shall apply to residential buildings:
1. 
Except as provided in this chapter not more than one building permit shall hereafter be issued for any dwelling to be erected in a housing development consisting of two or more houses if it is substantially alike in exterior design and appearance with any neighborhood dwelling situated on the same side of the street within 200 feet of a dwelling then in existence or for which a building permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties.
2. 
Houses within a specified distance from each other shall be considered uniform in exterior design and appearance if:
(a) 
The same basic dimensions and floor plans are used without substantial differentiation of one or more exterior elevations.
(b) 
The same basic dimensions and floor plans are used without substantial change in orientation of the houses.
(c) 
The height and design of the roofs are without substantial change in design and appearance.
(d) 
The size and type of windows and doors in the front elevation are without substantial differentiation.
(e) 
Materials used on front exteriors are not substantially different.
3. 
In addition to the requirements specified in paragraph b there shall be not less than two separate basic house designs in every housing development consisting of six or less houses; not less than three basic house designs in every housing development consisting of seven to 15 houses; not less than five basic house designs in every housing development consisting of 16 to 40 houses; and not less than six basic designs in every development consisting of 40 or more houses.
4. 
To insure conformity with the provisions of this chapter, no building permit shall hereafter be issued for more than one dwelling in any housing development, until the builder shall post or cause to be posted, on each specific lot on the subdivision's map filed with the Construction Official, the type and model of each house for which a building permit has been or is being issued.
5. 
To further insure conformity with the provisions of this chapter in respect to new subdivisions for the purpose of a housing development, the Planning Board shall require an affidavit approved as to form by the Borough Attorney, that the subdivision will be developed as a whole so that the intent and purpose of the chapter is satisfied. The Construction Official is also hereby authorized to require a similar affidavit before issuing more than one building permit in any housing development or part thereof, in any subdivision heretofore approved by the Planning Board, prior to November 20, 1979, or on any land area not required to be subdivided.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-5.3]
All principal buildings in all districts shall be clearly identified as to street number or other identification, such as post office box number, by means of a small unobstructed sign clearly visible and legible from the main abutting street.
[Ord. #72-10; Ord. #79-20; 1970 Code 17-5.4]
Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure, or part thereof, for which any building permit has been granted before November 20, 1979, provided that construction from such plans shall have been started within 60 days after November 20, 1979, and shall be diligently pursued to completion.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-5.5]
Except as specified in subsection 17-5.8, any use, building or structure existing on November 20, 1979, may be continued, even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located.
[Ord. #72-10; Ord. #79-20; 1970 Code 17-5.6; Ord. #98-3, §§ 1 — 10; Ord. #2011-3; Ord. No. 2018-2]
a. 
Definitions.
1. 
FRONT YARD - Shall mean the area extending the full width of the lot situated between a street line and the front line of the building and projected to the side lines of the lot.
2. 
HEIGHT - Shall mean the distance measured from the normal ground level at the point or points where the fence is to be erected.
3. 
WALL - Shall mean any fence which has more than 50% of its vertical composition of solid material.
4. 
WALLS AND FENCES - For the purpose of this subsection walls and fences shall be used interchangeably unless specifically distinguished.
5. 
ZONES - Shall mean the zones as defined in the Zoning Ordinances of the Borough of Moonachie.
b. 
Fences and Walls in Industrial Zones.
1. 
There shall be no solid fences erected in the front yard unless required by the Planning Board at the time of site plan approval to screen adjoining uses. Non-solid fences up to a height of six feet may be erected in the front yard, except that on a corner lot, no fence may be erected within 25 feet of the point of intersection of the front and corner side lot lines in order to maintain clear visibility for traffic at the corner.
2. 
A solid or other type fence not to exceed eight feet in height may be erected to enclose the rear yard of a property, including the area at the sides of the building up to the front yard, except that on a corner lot or a lot running through from one street to another, any yard abutting a street shall be subject to the same regulations as a front yard.
3. 
No fence around Industrial Zones shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals.
c. 
Fences and Walls in Residential Zones.
1. 
Fences or walls up to and including four feet in height may be permitted in the front yard of residential zones, except on corner properties where the line of site would be affected at the street intersection; such fence or wall may only be 30 inches in height.
2. 
Fences in residential zones shall not encroach onto property of neighbor and shall be installed so that the finished sides of the fences face the street or the neighboring property.
3. 
On a corner lot, no fence may be erected within 25 feet of the point of intersection of the front and corner side lot lines in order to maintain clear visibility for traffic at the corner.
4. 
Fences which enclose swimming pools shall be subject to the regulations contained in the Swimming Pool Ordinance.
5. 
No fence around residential property shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals.
6. 
Every fence shall be maintained in a safe, sound, upright condition and in accordance with the approved site plan on file with the Construction Official.
7. 
Fences up to six feet in height may be permitted in the rear yard of residential zones except that on a corner lot or a lot running through from one street to another, any yard abutting a street shall be subject to the same regulations as a front yard.
8. 
Fences up to six feet in height may be permitted along the side yard line as well as the rear yard line in residential zones where the property is contiguous to a commercial property. Such fence may be erected up to the distance of the ten-foot right-of-way setback of the residential property.
d. 
Fences and Walls in Business Zones.
1. 
There shall be no solid fences erected in the front yard, unless required by the Planning Board at the time of site plan approval to screen adjoining uses. Nonsolid fences up to a height of three feet may be erected in the front yard, except that on a corner lot, no fence may be erected within 25 feet of the point of intersection of the front and corner side lot lines in order to maintain clear visibility for traffic at the corner.
2. 
A solid or other type fence not to exceed eight feet in height may be erected to enclose the rear yard of a property, including the area at the side of the building up to the front yard, except that on a corner lot or a lot running through from one street to another, any yard abutting a street shall be subject to the same regulations as a front yard.
3. 
No fence around residential property shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals.
4. 
Every fence shall be maintained in a safe, sound, upright condition and in accordance with the approved site plan on file with the Building Inspector.
e. 
Site Plan Approval Required. Type of Use. All fences in nonresidential zones shall be subject to site plan approval by the Planning Board, and front yard fences in residential zones shall be considered a conditional use.
f. 
Permit Requirements. Before any fence can be erected, altered or reconstructed, an application must be made to the Construction Official for a permit and the application shall include name, a description showing the position and property lines, location of the fence, a notice to all abutting neighbors, and a description of the type of fence to be erected and the height of the fence, and the percentage of openings.
g. 
General Instructions.
1. 
Finished surfaces of fences shall face adjacent properties, in the event that there be none such, then to the street or property line closest to which the fence is located.
2. 
Any portion of a fence intended or utilized for the support of the fence shall be located on the inside of the fence, facing the principal portion of the tract of land upon which the fence is erected.
3. 
Fences which are inferior in quality or not maintenance free (except for painting or refinishing) are prohibited.
4. 
Every fence shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Building Inspector.
h. 
Prohibited Materials. The following fences and fencing materials are specifically prohibited:
1. 
Barbed wire fences.
2. 
Short pointed fences.
3. 
Canvas fences.
4. 
Cloth fences.
5. 
Electrically charged fences.
6. 
Poultry netting.
7. 
Temporary fences such as snow fences, expandable fences and collapsible fences at any location on the lot upon which a dwelling or structure is situated, except during construction on such property.
i. 
Violations and Penalties. Any person violating any of the provisions of this subsection shall, upon conviction be punished by a fine not to exceed $200 or by imprisonment not to exceed 90 days, or both.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-5.7]
All lots being filled shall be filled with clean fill or topsoil to allow complete surface draining of the lot into local storm sewer systems or natural drainage rights-of-way. No construction shall be permitted which creates or aggravates water stagnation or a drainage problem on adjacent properties.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-5.8; Ord. #90-4]
Except as otherwise provided in this subsection the lawful use of land, buildings or structures existing on November 20, 1979, may be continued although such use does not conform to the regulations specified by this chapter for the zone in which the land, buildings or structures are located; provided that no existing building, structure, or lot devoted to a use not permitted by this chapter in the district in which the land, buildings or structures are located, shall be enlarged, extended, constructed, reconstructed, substituted, relocated, erected, converted to another use, or structurally altered except in conformity with the regulations of this chapter for the district in which the land, buildings or structures are located except as allowed in Section 21-6. Also, land on which a nonconforming building is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.
a. 
Abandonment. A nonconforming use as defined in the preceding section shall be considered abandoned if the nonconforming use is terminated by the owner or tenant. Or, if the owner or tenant shall fail to use the property for a period of 12 consecutive months, this shall be presumptive evidence of abandonment and thereafter the building, structure or land shall not be used in a nonconforming manner.
b. 
Conversion to Permitted Use. Any nonconforming building or use which has been changed to a conforming building or use shall not be changed back again into a nonconforming building or use.
c. 
Restoration. Any nonconforming building or use which has been destroyed by fire, explosion, flood, windstorm, or other act of God shall be examined by the following three people to determine whether the building is more than 50% destroyed:
1. 
Borough Tax Assessor;
2. 
The owner or an architect or engineer selected by the owner;
3. 
A third person agreed to by the Construction Official and the owner.
If, in the majority opinion of the above three people, the damage is greater than 50%, the building or use shall be considered completely destroyed and may be rebuilt only upon approval of a use variance as provided by State statutes.
d. 
Repairs and Maintenance. Such repairs and maintenance work as required to keep a building in sound condition may be made to a nonconforming building or structure.
e. 
Sale of Nonconforming Use. Any nonconforming use may change ownership and continue to function as a nonconforming use provided the other provisions of this section are met.
[Ord. #72-10; Ord. #73-2; Ord. #79-20; 1970 Code § 17-5.9; Ord. #2003-4, § 1; Ord. #2009-4, § 2]
For each dwelling unit on any one-family or two-family residential lot, there shall be provided one enclosed parking space per unit directly accessible to the street for the parking and garaging of one passenger vehicle per unit.
a. 
The parking of automobiles, buses, motorcycles, trailers, boats and other vehicles in the front yard of a lot (as hereinafter defined) within the Borough is prohibited except as follows:
b. 
The parking for any vehicles shall be limited to paved and/or other kinds of stone surfaces combined and shall not exceed 50% of the total square footage of the required front yard. The remaining 50% shall be some kind of natural vegetation.
c. 
The term "front yard" is defined as an open unoccupied space on the same lot with a building situated between the nearest roofed portion of the building and the street line of the lot and extending from side lot line to side lot line.
1. 
In the event of a corner lot, the term "front yard" shall be that as defined elsewhere in the zoning code.
2. 
However, the term "front yard" is not intended to include a depth in excess of the minimum requirements of the Borough of Moonachie Zoning Ordinance.
d. 
Enforcement. The provisions of this subsection shall be enforced by the Police Department of the Borough of Moonachie and/or the Building Department.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-5.10; Ord. #94-13]
No billboards shall be erected. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic direction and identification signs, and places of business. No signs of any type shall be permitted to be flashing or revolving.
a. 
Animated, Flashing and Illusionary Signs. Signs using mechanical or electrical devices to display flashing, movement, or the illusion of movement are prohibited.
b. 
Height. No free standing or attached sign shall exceed the maximum height permitted in the district. In any event, no sign shall exceed any lesser height if specified elsewhere in this chapter and shall not be higher at any point than the roof line of the building if it is attached to a building.
c. 
Illuminated Signs. Where permitted, signs shall be so arranged as to reflect the light and glare away from adjoining premises in any residential district and away from all adjoining highways. Illuminated signs shall comply with the National Electric Code and shall not be erected without a building permit.
d. 
Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
e. 
Real Estate Signs. Signs advertising the sale, rental or lease of the premises or portion thereof shall be, if not attached to the building, set back at least 10 horizontal feet from all street lines. Such residential signs shall not exceed two square feet on each side. Commercial or industrial signs shall not exceed 25 square feet on each side and shall be removed at the expense of the advertiser within 30 days after the termination or completion of the matter of business being advertised.
f. 
Sign Area. Sign area shall be measured around the edges of a framed or enclosed sign or by the area utilized by isolated words or symbols including the background, whether open or enclosed, but the area shall not include any supporting framework and bracing incidental to the display itself.
g. 
Signs and Sign Structures. Signs and sign structures of all types shall be set back or elevated sufficiently to allow a clear, unobstructed line of sight from the stop line of intersecting streets and driveways for at least 300 feet along all abutting streets and highways.
h. 
Signs with Two Exposures. Signs with two exposures shall be measured for area by using the surface area of one side of the sign only. Both sides may be used.
i. 
Schedule of Sign Regulations. The schedule of sign regulations contained in this chapter is hereby made a part of this section as if same were more particularly set forth herein.
Schedule
Sign Regulations By Use
Use
Permitted Accessory Sign
One and Two-Family Dwellings
1.
Street number designations, postal boxes, on-site traffic directional and parking signs, and signs posting property as private property, or similar purposes are permitted but are not to be considered in calculating the sign area.
Mobile Home Park
1.
Each mobile home park may have 1 free standing sign which shall not exceed 12 square feet in area which shall be limited to displaying the park's name.
Professional Offices in One and Two-Family Dwellings
1.
Professional occupations may be permitted 1 lighted sign, nonflashing, and not to exceed 2 square feet in area.
Churches and Public Uses
1.
Churches and public uses may be permitted 1 lighted sign, nonflashing, and not to exceed 4 square feet in area.
Retail Stores
Business and Personal Services
Offices
Funeral Parlors
Theatres
Restaurants
Cleaning Establishments
Newspaper Printing Establishment
1.
Not more than 1 sign shall be permitted for each tenant on the premises on each wall fronting on a street
2.
The aggregate area, in square feet, of all signs on any wall shall not be greater than 2 times the length in feet of such wall
3.
Such sign or signs shall be parallel to the face of the building and no part thereof, including any illuminating devices, shall project more than 12 inches beyond the face of the wall to which applied, nor any distance beyond or above the building in any other direction
4.
In addition, where the building is set back from the street line a distance of 25 feet or more, not more than 1 free standing sign, with a total area on all faces of not more than 40 square feet, may be erected
Manufacturing
Warehousing
Research Facilities
1.
Only signs related to the use on the premises are permitted and in accordance with subsection 22-5.10 and the following:
(a) Directional signs may be permitted as approved on the site plan and are not considered part of the minimum sign area.
(b) One free standing sign may be erected along a street right-of-way. It may have interior lighting, be not more than 6 feet high, not more than 6 feet long, have no more than 2 sides, and be set back at least 1/2 the distance of the required building set­ back from the future street right-of-way.
(c) One (1) attached sign may be permitted either lighted or unlighted provided the area of the sign does not exceed the equivalent of 5 percent of the area of the wall on which it is attached or 150 square feet whichever is smaller. Where an attached sign is provided, the building may not be illuminated
2.
Buildings themselves may be illuminated in lieu of an attached sign outlined in paragraph 1(c) above
3.
In addition, where the building is set back from the street line a distance of 25 feet or more, not more than 1 free standing sign with a total area on all faces of not more than 40 square feet, may be erected.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-5.11]
a. 
Buffers. Buffer strips are required in all business and manufacturing districts along the district boundaries between themselves and residential districts.
1. 
The buffer strips shall be measured from the district boundary line or the street line on the side of the street on which the industrial or commercial use is located where a street center line serves as the district boundary line.
2. 
Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass, in conformance with existing regulations.
3. 
No structure, activity, storage of materials or parking of vehicles shall be permitted in the half of the buffer strip nearest the property line.
4. 
Buffer widths shall be as established in the schedule of area and bulk requirements. No less than the exterior half of the buffer area for business zones and 1/4 for manufacturing zones shall be planted and maintained with grass or ground cover as well as a dense screen of trees, shrubs, or other plant material in accordance with the following requirements. (The preservation of all natural wooded tracts shall be an integral part of all site plans regardless of their proximity to required buffer areas.)
(a) 
Plant materials used in the screen planting shall be at least four feet in height when planted and be of such species as will produce a complete visual screen year round.
(b) 
The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.
(c) 
The screen planting shall be so placed that at maturity it will be no closer than three feet from any street or property line.
(d) 
A clear-sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets.
(e) 
The screen planting shall be broken only at points of vehicular and pedestrian ingress and egress.
5. 
No screen planting shall be required along streets which form district boundary lines, provided that:
(a) 
No outdoor processing or manufacturing activity and no outdoor storage of materials shall be so located to be visible from the adjacent residential district or street.
(b) 
Only the front of any proposed building shall be visible from the adjacent residential district.
6. 
Prior to the issuance of any building permit, complete plans showing the arrangement of all buffer strip and the placement, species and size of all plant materials and the placement, size, materials, and type of all fences to be placed in such buffer strip shall be reviewed by the Zoning Officer or Construction Official to ascertain that the plans are in conformance with the terms of this chapter.
b. 
Dust, Fumes, Vapors and Gases.
1. 
The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals, or vegetation, or to other forms of property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission is herewith prohibited.
2. 
No emission of liquid or solid particles from any chimney or otherwise shall exceed 3/10 grains per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standing correction shall be applied to a stack temperature of 500° F. and 50% excess air in stack at full load.
3. 
Dust and other types of air pollution borne by the wind from such sources as parking areas, driveways, roads, loading areas, storage areas, construction sites, and yards, within lot boundaries, shall be kept to a minimum by appropriate landscaping, oiling, paving or other acceptable means of stabilization.
c. 
Glare. No use shall produce a strong dazzling light or a reflection of a strong dazzling light beyond its lot lines. Exterior lighting shall be buffered so that glare will not become a nuisance to adjoining properties or adjoining districts.
d. 
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no process shall be permitted which would cause the temperature to rise or fall in any part of ponds, streams or other watercourses.
e. 
Noise. The sound level of any operation (other than the operation of motor vehicles or other transportation facilities on public highways, operations involved in the construction or demolition of structures, emergency alarm signals or time signals) shall not exceed the decibel levels in the designated octave bands as stated below. The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conform to specifications published by the American Standards Association, New York, New York.
The maximum permissible sound-pressure levels for smooth and continuous noise shall be as follows (all of the decibel levels stated below shall apply in each case) between the hours of 8:00 p.m. and 8:00 a.m.:
Frequency Band (Cycles per Second)
Maximum Permitted Sound-Pressure Level (Decibels) at the Property Line or Along Any Public Right of Way Within the Property
20 to 75
60
75 to 150
54
150 to 300
47
300 to 600
41
600 to 1,200
37
1,200 to 2,400
34
2,400 to 4,800
31
Above 4,800
28
If the noise is not smooth and continuous or it is not radiated at night time, one or more of the corrections below shall be added to or subtracted from each of the decibel levels given above.
Type of Operation or Character of Noise
Corrections in Decibels
Daytime operation only (8:00 a.m. to 8:00 p.m.)
-/-3
Noise occurs less than 5% of any one-hour period
-/-3
Noise is of peculiar character (hum, scream, etc.) or is of impulsive character (hammering, pressure release, etc.) (In the case of impulsive noise, the correction shall apply only to the average pressure during an impulse, and impulse peaks shall not exceed the basic standards given above.)
-5
f. 
Odor. No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the most restrictive provisions of Table III (odor thresholds) in Chapter 5, "Air Pollution Abatement Manual", copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C., or any other governmental law which supersedes such provision.
g. 
Air Pollution Control. The requirement of the State of New Jersey Air Pollution Control Code shall be complied with.
h. 
Storage and Waste Disposal.
1. 
No highly flammable or explosive liquids, solids, or gases shall be stored in bulk aboveground, except tanks or drums of fuel directly connecting with energy devices, heating or appliances, located and operated on the same lot as the tanks or drums of fuel.
2. 
All storage facilities for fuel, raw materials and products; and all fuel, raw materials and products stored shall be enclosed in an approved building.
3. 
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
4. 
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored in containers which are adequate to eliminate such hazards.
i. 
Vibrations. No use shall cause earth vibrations or concussions in excess of the standards outlined below, with the exception of that vibration produced as a result of construction activity. The standards below are set forth in the table of Frequency Amplitude Relations. Vibration shall be expressed as displacement in inches and shall be measured with a standard three-component measuring system, which is a device for recording the intensity of any vibration in three mutually perpendicular directions.
Frequency of Ground Motion in Cycles Per Second
Maximum Amplitude of Ground Motion in Inches
Up to 10
0.003
11 to 20
0.00015
21 to 30
0.0001
31 to 40
0.00007
41 to 50
0.00005
51 to 60
0.00004
j. 
Evaluation of Environmental Assessment Statement by Planning Board. An environmental assessment statement may be submitted by the developer addressing points one through 10 below, which shall be posted at least 10 days prior to the Planning Board meeting at which the project will be reviewed by the Planning Board. The Planning Board shall prepare an evaluation of the impact of the construction upon the ecological, cultural and aesthetic environment of the borough. Specific points to be covered in the report are as follows:
1. 
Does the project have a significant impact upon the environment.
2. 
Is the project controversial.
3. 
Does the project interfere with existing community standards of living.
4. 
Is the construction situated on land which, because of its natural beauty and wilderness state, has potential for recreation or park development and would the damage to the environment and loss of aesthetics incurred through construction of the development substantially reduce the potential and cause an unwarranted burden on the surrounding community.
5. 
Does the development have a cumulative effect when compared to the number of other projects proposed in the existing area, and does the development fit into the overall proposed or adopted master plan of the area.
6. 
Is there, as a result of the development, an irreversible commitment of natural resources such as water, gas, and electricity. Signed statements from the managers of the various utilities affected should be incorporated into the report assuring existing committees that the new development will:
(a) 
Have no effect on the current services supplied to those committees; and
(b) 
Result in no undue cost burden to the existing committee for expansion of the necessary service facilities for the new construction.
7. 
If forested area is to be damaged or cleared, does the construction interfere with any select stands of native forested trees, and is there any serious influence on the natural wildlife in the area.
8. 
All changes in natural runoff and the ultimate disposal of the storm waters collected within the development should be discussed in detail. The environmental effects of the storm water discharges and the location of the discharge points should be discussed in detail to insure no serious flooding conditions or substantial increases in health hazards or flooding over existing conditions would occur to the surrounding area or communities.
9. 
All increases in air pollution, noise levels and other environmental quality changes that might result through clearing of land and increased traffic patterns should be specifically delineated in the report.
10. 
All methods of construction to be used in the building of the development should be specifically delineated and restraints set out to avoid any adverse effects during the construction project upon surrounding communities. This would include access roads for truck vehicles and methods to eliminate blowing of dust and dirt and control noise during the construction period.
In the event that an Environmental Commission shall have been established by the governing body, the Environmental Commission shall review the assessment statement required hereunder and submit its report based upon such review to the Planning Board with any recommendations which the Commission deems advisable. The reports shall be advisory in nature and the recommendations contained therein shall not be mandatory on the Planning Board in making its determination hereunder.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-5.12; 5-23-2019 by Ord. No. 2019-2]
a. 
No more than one principal use shall be permitted on one lot.
b. 
No residential premises, including dwelling houses, apartments, rooming houses or boardinghouses, or any parts thereof or rooms therein, except duly licensed hotels and motels, shall be rented or let for occupancy by any person or persons for a period or term of less than 180 days.
[Added 5-23-2019 by Ord. No. 2019-2]
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-5.13]
a. 
No service station shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any school, playground, church, hospital, public building or institution, except where such property is in another block or abuts another street which the lot in question does not abut.
b. 
No service station shall be permitted where any oil draining pit or visible appliance for any purpose (other than gasoline filling pumps or air pumps) is located within 50 feet of any future street line or within 150 feet of any residential district. All such appliances or pits, other than gasoline filling pumps, or air pumps, shall be within a building. Gasoline and air pumps shall be permitted within the required front yard space of service stations, but shall be no closer than 20 feet to any future street line.
c. 
No junked motor vehicle or part thereof, or motor vehicles incapable of normal operation upon the highways shall be permitted on the premises of any service station. It shall be deemed prima facie evidence of violation of this chapter if more than three motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building excepting, that a number not exceeding six motor vehicles may be located upon any service station premises outside of a closed or roofed building, for a period of time not to exceed 48 hours and providing that the motor vehicles are awaiting repair by the owners thereof.
[Ord. #72-10; Ord. #73-2; Ord. #79-20; 1970 Code 17-5.14]
No person shall occupy or let to another for occupancy any space within a building for the purpose of living therein, which does not comply with the Sanitary Code and Housing Code of the Borough.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-5.15]
The Planning Board is hereby empowered to grant the conditional uses enumerated as such in the Schedule of District Use Regulations set forth in Section 22-4 et seq. in accordance with the definite specifications and standards required thereunder. The Planning Board shall grant or deny an application for such conditional use within 95 days of submission of a complete application by a developer to the administrative officer or in such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use shall include any required site plan review pursuant to the site plan ordinance of this Borough and the time period for action by the Planning Board on conditional uses shall also 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 administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 in the case of a subdivision of N.J.S.A. 40:27-6.6 in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-5.16]
a. 
Permanent private residential swimming pools shall adhere to the following standards:
1. 
No pool shall be constructed or installed on any lot unless the lot shall contain a residence building. All pools shall conform to the front yard requirements for the principal building in the district in which it is located.
2. 
Pools shall occupy no more than the equivalent of 75% of the yard area in which it is located.
3. 
No edge of any pool shall be closer to any lot line than 10 feet.
4. 
In the case of a corner lot, a permanent private swimming pool shall not be constructed, erected, installed or maintained closer to the side street line than the prevailing setback line on the street.
5. 
The pool may be lighted by underwater or exterior lights, or both, provided all exterior lights are located so that the light is neither direct nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties. Underwater lighting shall be in compliance with the applicable National Electrical Code.
6. 
The pool should be completely surrounded by fencing a minimum of four feet in height. The objective of this provision is as a health and safety precaution to prevent small children from accidentally entering pools. The fencing should be of a durable and stable quality and of sufficient material and construction to fulfill this purpose. Such fenced areas shall also have gates or other means of access which can be locked when not in use.
7. 
No public amplifying system shall be used with a private residential swimming pool.
b. 
Public swimming pools or club pools intended for open use of the public or to club members shall adhere to the following standards:
1. 
Pools shall be located within a lot area of a minimum of two acres. Within such area may also be located club houses, locker rooms, open space, terraces, recreational uses, refreshment stand, cabanas, and similar associated uses.
2. 
The pool shall occupy no more than 8% of the lot area. The area shall include total water surface including separate wading pools, swimming tanks and diving tanks.
3. 
No edge of any pool or separate swimming tank shall be closer to any property line than 50 feet.
4. 
The pool shall be enclosed with a fence or in lieu thereof, located on a terrace, or landscaped or surrounded by structures or any combination of the above or similar techniques in order to control access to the immediate pool area.
5. 
The pool shall be lighted both internally and externally but in no case shall any light be directed in a direct or indirect fashion upon any adjacent property. All free standing standards used for exterior lighting shall not exceed 15 feet in height and shall be no closer than 10 feet to the edge of any pool. All lighting shall be in compliance with the applicable National Electrical Code.
6. 
All pools shall be constructed below the surface of the ground except that nothing shall prohibit pool areas from being terraced on side hill locations.
7. 
All pools shall be landscaped to effectively screen the view of the pool from neighboring properties.
8. 
All loudspeakers or public address systems shall be located in the immediate area of the pool and be directed so that the speakers are not directly aimed at any adjacent residential buildings.
9. 
One off-street parking space shall be provided for every 30 square feet of water surface. Such parking facilities may be included with other parking areas associated with club houses, other recreational uses and similar uses as part of a total site plan.
c. 
All pools referred to in paragraphs a and b of this subsection shall have all the areas surrounding the pool made and kept neat and attractive so as to be in conformity with surrounding property and no rubbish, debris or litter shall be permitted to remain or accumulate in or about the pool.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-5.17]
No open space provided around any principal building for the purposes of complying with the front, side, rear or other yard provisions of the chapter shall be considered as providing open space for meeting the same requirements for another principal building.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-5.18]
Front yards shall be measured from the front lot line of a street in accordance with the widths set forth in the Borough Master Plan. On a through lot, the rear yard depth shall not be less than the required depth of the front yard in the district in which the lot, or applicable portion of the lot is located.
[Ord. #79-20; 1970 Code § 17-5.19]
In any residential zone, only a one-family dwelling may be erected on a nonconforming zone lot of official record at the effective date of this chapter, irrespective of its area or width; provided, however, that no adjacent or adjoining vacant land exists or existed at the time of the effective date of this chapter which would create a conforming lot if all or part of the vacant land were combined with subject lot. No lot or lots in single ownership hereafter shall be reduced so as to create one or more nonconforming lots.
[Ord. #79-20; 1970 Code § 17-5.20]
The minimum lot width of any lot shall be measured at the front yard setback line as required for the district in which it is located. In cases of irregularly shaped lots whose sides are not parallel, the street frontage shall not be less than the 75% of the minimum lot width required; provided, however, that the lot width as measured at the front yard setback line shall be no less than the minimum lot width, as specified in the Zoning Schedule, for the district in which the lot is contained.
[Ord. #79-20; 1970 Code § 17-5.21]
At all street intersections, no obstruction exceeding 30 inches in height above the established grade of the street at the property line, other than an existing building, post, column, hedge or tree, shall be erected or maintained on any lot within the area bounded by the line drawn between points along such street lot lines 25 feet distant from their intersection. The determination of the front yard of a corner lot shall be at the option of the owner or developer and shall be so designated on all maps and official records.
[Ord. #79-20; 1970 Code § 17-5.22]
A through lot shall be considered as having two street frontages, both of which shall be subject to the front yard requirements of the Zoning Schedule.
[Ord. #79-20; 1970 Code § 17-5.23]
The area or dimensions of any zone lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter; and if already existing as less than the minimum required by this chapter, the area or dimension may be continued and shall not be further reduced.
[Ord. #79-20; 1970 Code § 17-5.24]
a. 
Every principal building shall be built upon a lot with frontage upon an improved and approved street in accordance with the street standards established by the Borough.
b. 
Any property which contains access to one or more approved and improved streets at its property line but does not contain sufficient street frontage as required herein shall not be construed to be landlocked. Where such conditions do exist or are created by virtue of a subdivision, no building permit or occupancy permit shall be granted unless and until the property contains the required amount of street frontage as required herein.
c. 
This provision is not to be construed to provide any building or zone which contains less street frontage than required herein or to create a building or zone lot, with an existing structure or structures located thereon, with less street frontage than as required herein.
[Ord. #79-20; 1970 Code § 17-5.25]
For any zone lot which is located in more than one zone district, which districts differ in character by permitting residential, commercial or industrial uses, all yard, bulk and other requirements shall be measured from the zone boundary line and not the true lot line.
[Ord. #79-20; 1970 Code § 17-5.26]
a. 
General.
1. 
Required yards shall be open to the sky, unobstructed except for the ordinary projection of parapets, windowsills, door posts, rainwater leaders and similar ornamental or structural fixtures which may not project more than six inches into such yards.
2. 
Cornices and eaves may project not more than two feet over any required yard.
3. 
Chimneys or flues may be erected within any yard, provided that they do not exceed 75 square feet in aggregate external area.
b. 
Front Yard Requirements Affected by Official Map. Where any lot shall front on a street right-of-way which is proposed to be widened as indicated on the Official Map of the Borough, the front yard and the front or side yard of a corner lot in such district shall be measured from such proposed right-of-way line.
c. 
Projection into Required Yards. Certain architectural features may project into required yards as follows:
1. 
Cornices, canopies, eaves, bay windows, balconies, fireplaces, uncovered stairways and necessary landings and chimneys and other similar architectural features may project a distance not to exceed two feet.
2. 
Patios may be located in any side or rear yard, provided that they are not closer than five feet to any property line.
3. 
Self-supporting walls and fences may project into any required yard, provided that any accessory retaining wall or fence is not higher than six feet in height and shall not obstruct automobile vision. The sight triangle requirements shall also apply where applicable.
[Ord. #79-20; 1970 Code § 17-5.27]
The maximum lot coverage on each zone lot shall not be greater than is permitted in the district where such buildings and structures are located and shall include all porches, chimneys, extensions and accessory buildings.
[Ord. #86-4, § I]
a. 
Definition. As used in this chapter:
SATELLITE EARTH STATION (DISH)
Shall mean any apparatus, building or structure which is designed for the purpose of receiving television, radio, micro-wave, satellite, or similar signals, in connection with what is commonly referred to as dish-type antennae.
b. 
Approving Agency. The provisions of this subsection shall be administered by the Construction Official, also referred to as the Zoning Official.
c. 
Procedure. Any property owner, or person, or entity in possession of property, shall submit to the Zoning Official prior to the placement of a satellite earth station (dish), a plan showing the size of the satellite earth station, the proposed location of same on the subject premises, and such other information as may be required herein.
d. 
Site Plan Details. The site plan shall be drawn on a map to a scale not smaller than one inch equals 40 feet and not larger than one inch equals 10 feet and shall include and show the following information:
1. 
The name and address of the applicant and the owner and the name, address and the title of the person or entity preparing the plan and accompanying data, the date of preparation, and the dates of each revision, where applicable.
2. 
An appropriate place for the signature of the Zoning Official.
3. 
The lot(s) and block(s) numbers of the lot(s) from the Borough tax map, and the length and bearings of the lot lines of the proposed project.
4. 
The location, names, and pavement, and right-of-way widths of all existing and proposed streets abutting the lots in question, the property lines of all abutting properties, together with the names and addresses as disclosed on the Borough tax map and the tax rolls as of the date of the application, and the location of existing buildings within 200 feet of the site in question.
5. 
All existing buildings and structures and all accessory buildings and structures on the lot, if any, with dimensions showing present and finished grade elevations at all corners.
6. 
All existing and proposed setback dimensions and landscape areas.
7. 
Existing and proposed plantings to provide screening as required by this subsection.
8. 
Any and all other information necessary to meet any of the requirements of this subsection not listed above.
e. 
Design Standards.
1. 
The surface area of satellite earth station antennae (parabolic dish) shall not be greater than 36 square feet.
2. 
The maximum height of antennae and mounting structure measured vertically from the highest point of the antennae when positioned for operation shall not be greater than 14 feet above the ground.
3. 
In all zoning districts the dish shall be erected on a secure ground-mounted foundation. Maximum height indicated in the above schedule will be from ground level at the location of the dish foundation.
4. 
No satellite earth station shall be closer than 20 feet from any side property line or any rear property line.
5. 
Satellite earth stations shall be located in the rear yard only.
6. 
Every satellite earth station shall be in an unobtrusive location, effectively screened by a special planting screen or fence as approved by the Zoning Official, which shall be maintained in good condition so that the satellite earth station shall not be readily visible from any adjacent property or public street.
7. 
Power control and signal cables from or to the satellite earth station shall be underground, and installed in accordance with the appropriate building code, if any.
f. 
Fees. The application fee for a permit to install a satellite earth station (dish) shall be $25. In addition, the applicant shall deposit the sum of $100 to cover the cost of review sources deemed necessary by the Construction Official, such as the Borough Engineer, Borough Attorney, or other Borough personnel. The Treasurer shall place the deposit in a trust account and shall charge all disbursements for the review services. Any unused portion of the deposit shall be returned to the applicant. If the cost of review services exceeds the amount of deposit, sufficient additional funds shall be deposited before any permit shall be issued.
g. 
Penalties. Any person who violates any provision of this subsection shall, for each and every violation thereof, and for each and every day that the violation continues to be in existence, be subject to a fine of not more than $100 per violation.
h. 
Enforcement Officer. The Zoning Official is hereby designated as the public officer charged with the enforcement of the terms of this subsection. All complaints for alleged violation of any of the terms of this subsection shall be submitted in writing to the Zoning Official.
[Ord. #2003-3, § 2]
The uses listed in this subsection are deemed to be permitted uses and shall not require a conditional use permit or variance application.
a. 
Antennas or towers located on property owned, leased or otherwise controlled by the Borough of Moonachie provided that a license or lease authorizing such antenna or tower has been approved by the Borough of Moonachie. However, the Borough may, as a condition of such lease, require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the municipality; shall not be governed by this general section and shall, to the extent applicable be subject to the bidding requirements of the local Public Contracts Law of the State of New Jersey. The Borough in its absolute discretion, reserves the express right to deny all use of its property for antennas or towers. Preexisting towers and antennas are exempt from the application of this section.
b. 
Any antenna which is not attached to a tower may be attached to any existing business, industrial, office or institutional structure located in the relevant zones, provided that:
1. 
The antenna does not exceed 10 feet more than the maximum building height for the zone wherein the structure is located;
2. 
The antenna complies with all applicable FCC and FAA regulations;
3. 
The antenna complies with all applicable building codes; and
4. 
The antenna complies with all relevant subsections of the Revised General Ordinances of the Borough of Moonachie including materials, placement and reinforced plastic panels designed to make the antenna the least visually intrusive to adjacent properties.
c. 
No towers or antennas shall be permitted as conditional uses in residential or public use zone districts unless located upon property owned by the Borough of Moonachie and subject to the provisions of all relevant subsections of the Revised General Ordinances of the Borough of Moonachie.
[Ord. #2009-2]
a. 
General Instructions.
1. 
A single storage container of 1,500 cubic feet or any aggregate of that total (if multiple containers) or less shall be permitted on any lot in the Borough on a temporary basis as set forth hereafter. Larger size storage containers are prohibited in all residential zones.
2. 
The temporary storage container may be located in any yard area but no closer than five feet from all interior property lines and it shall not be located any closer than 10 feet to any street line.
3. 
The location of the temporary storage container on a corner property shall not cause a sight obstruction at an intersection as defined in subsection 22-5.21, corner lots.
4. 
A storage container shall be permitted in accordance with this section, but it shall only remain on the lot for a maximum of 30 days from the date that the permit is issued.
5. 
A storage container with a valid building permit issued pertaining to the need for a storage container, shall only remain on the lot for a maximum of 90 days when there is a need for a storage container.
b. 
Permit Requirements. Before any owner shall be permitted to place a storage container on a lot, an application to the Building Department for a permit to do so shall be filed and approved. The application shall identify the owner and/or the tenant, location, size and the length of time that the storage container is requested.
1. 
After approval of a zoning permit, a storage container after approval of a zoning permit shall be permitted to remain for the following length of time:
(a) 
Thirty days.
(b) 
Ninety days if a valid building permit was issued pertaining to the need for a storage container.
2. 
The owner may seek to keep the storage container for an additional period of time by making a separate application for extension to the Building Department with the understanding and acknowledgment that any extension granted will not be further extended and additional fees will be required unless extenuating circumstances apply such as a fire or natural disaster.
c. 
Fees. In addition to submitting the applications referred to above, each application shall be accompanied with payment of a fee to the Borough of $50 and in the case of an Extension Application with payment of a fee to the Borough of $100. The fees in question will cover the administrative costs of the Borough, as well as any oversight to make certain that the applicant performs in accordance with its application, including but not limited to the removal of the container at the expiration of the permit.
d. 
Violations and Penalties. Any person who violates any provisions of this subsection shall, upon conviction be punished by a fine not to exceed $200 or by imprisonment not to exceed 90 days, or both. Each and every day that a violation exists shall be deemed a separate and distinct violation.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-6.1]
Any portion of the roof structure above that which is used in measuring the height of a building as defined in subsection 22-2.2 as well as penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, air conditioning equipment, or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, spires, cupolas, steeples, flagpoles, chimneys, smokestacks, monuments, watertanks, silos, or similar structures may be erected above the height limits prescribed by this chapter but in no case more than 25% more than the maximum height permitted in the district except spires, steeples, silos, water towers, and radio and television towers shall not exceed 50 feet in height above the ground level. In addition all structures are subject to regulations of the Federal Aviation Agency.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-6.2; Ord. #90-4]
Whenever title to two or more contiguous lots are held by the same owner, regardless of whether or not each of the lots may have been approved as portions of a major subdivision, or acquired by separate conveyance or by other operation of law and one or more of the individual lots should, by reason of exceptional narrowness, shallowness, topographical conditions, substandard area or yard space, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of the owner, for the purposes of this chapter shall be considered as a single lot and the provisions of this chapter shall hold.
Whenever land has been dedicated or conveyed to the Borough by a lot owner to meet the minimum street width requirement of the Land Subdivision Ordinance or to implement the Official Map or Master Plan of the Borough, the Construction Official shall issue building and occupancy permits for the lot whose depth or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
[Ord. #72-10; Ord. #79-20; Ord. #81-6, § 1; 1970 Code § 17-7.1; Ord. #90-17, §§ 1 — 3]
The purpose of this section is to provide for the establishment of a fee schedule for the payment of fees with respect to all applications submitted to the Borough pursuant to Borough Land Use Development Regulations.
a. 
Conventional Applications.
1. 
Required Fees and Escrow Amounts: The following list of applications must be accompanied, at the time of submission of the application, by the fees and escrow amounts set forth in Schedule A.[1] These fees and escrow amounts shall consist of the sum of the following:
(a) 
In Column A, an administrative fee which is charged to the applicant to cover the costs associated with the clerical processing and filing of the application, which fee shall be non-refundable;
(b) 
In Column B, a professional review escrow amount which shall be deposited into the Professional Review Escrow Account, maintained by the Municipal Treasurer. The deposit required of the applicant and deposited into the Professional Review Escrow Account shall cover the costs associated with the required review of the application by the Zoning Board of Adjustment or Planning Board's engineer, planner or attorney, and for applications submitted pursuant to N.J.S.A. 40:55D-70d, such other professionals as the Zoning Board of Adjustment may reasonably require, which review shall include a written report on the application to be submitted to the Board. Prior to drawing monies out of the Professional Review Escrow Account, each professional engaged by the Board shall submit an invoice to the Board Chairperson, or his/her designee for approval. Following conclusion of the hearings and meetings regarding the application, any unused funds deposited by an applicant into the Professional Review Escrow Account shall be refunded to the applicant. Upon reimbursement of any unused funds, an applicant may request an accounting of expended funds and same will be provided to the applicant within 30 days of a written request filed with the Board.
[1]
Schedule A is included as an attachment to this chapter.
2. 
Additional Fees. An applicant may request that a Board professional schedule additional time, in excess of that covered by the monies paid into the Professional Review Escrow Account, for review of a specific application. If the Board professional consents to such a request, both the applicant and the professional shall sign a consent form authorizing such additional review. When the additional review is completed, the professional shall submit an invoice to the Board, and simultaneously therewith a copy to the applicant, detailing the number of hours expended for such review, the professional's fee, and a description of the work performed. Said invoice shall be due and payable by the applicant prior to memorialization of the Board's decision on the particular application.
3. 
"d" Variances. On each application for a "d" variance filed pursuant to N.J.S.A. 40:55D-70d, the applicant shall be required to post to the Professional Review Escrow Account a minimum amount of $500. The applicant shall also be required to post such additional amounts into the Professional Review Escrow Account as may be deemed to be reasonably required by the Board to appropriately consider the application. The amounts required pursuant to this subsection shall be required to cover the costs of review of the application by the Board's engineer, planner and attorney as well as the costs of possible review, in appropriate instances, by "special" professionals, e.g., traffic, landscaping, and environmental professionals required to review specific aspects of the application. An applicant shall be notified in writing when additional amounts to restore the Professional Review Escrow Account shall become due and payable. Prior to withdrawal of any funds from this Professional Review Escrow Account, an invoice shall be submitted to the Board Chairperson or his/her designee, setting forth the work performed for which such fees are being requested. Following conclusion of the hearings and meeting regarding the application, any unused portion of this Professional Review Escrow Account shall be refunded to the applicant. Upon reimbursement of any unused funds, an applicant may request an accounting of expended funds, and same will be provided to the applicant within 30 days of a written request filed with the Board.
(a) 
Special Planning Board or Zoning Board of Adjustment Meetings. Any applicant may request that a special meeting of a Board be scheduled and devoted exclusively to a single application. Such meeting shall be scheduled upon request of the applicant and at the discretion of either the Board Chairperson or his/her designee. The time of the Board's professionals required to prepare for and follow up after such special meeting shall be charged against such Professional Review Escrow Account. The Professional Review Escrow Amount for such a meeting shall be $500. The Professional Review Escrow Amount shall be posted by the applicant prior to or at the commencement of the special meeting. The applicant shall be required to deposit any additional funds into the Professional Review Escrow Account which may be required to cover costs for professional services in excess of the initial deposit.
(b) 
Where an application for development includes several approval requests, the sum of the individual required fees shall be paid, except that there shall be no cumulative fees charged to an applicant for individual bulk variances which may be part of a "d" variance application.
4. 
Waiver and Remission of Fees. (1) The Board, when acting upon application, shall have the power, for good cause shown, to grant a remission or waiver from all or any portion of the fee schedules hereinabove established based upon any of the following: (1) the nonprofit status of the applicant; (2) a determination that collection of the fees would constitute an economic hardship upon the applicant; (3) the unique characteristics of the application, making collection of the full fees substantially disproportionate to the regulatory costs applicable to reviewing the application; or (4) for other good cause established in the record.
5. 
The fees set forth in the aforementioned schedules are exclusive of any other charges which may be required by the Borough to cover the costs of the inspection of buildings or improvements in conjunction with the issuance of construction permits or Certificates of Occupancy.
6. 
In the event that any fees paid by an applicant into the Professional Review Escrow account shall exceed $5,000 such applicant's account shall be placed into an interest-bearing trust account in conformance with the requirements of N.J.S.A. 40:55D-53.1. The applicant shall be notified, in writing of the institution in which the deposit has been made and the amount of such deposit. Any interest earned on the account shall be applied in accordance with the provision of N.J.S.A. 40:55D-53.1. The Borough shall keep records of all application fees paid in accordance with generally accepted accounting principles. The fees for all professional reviews of an application shall be charged to the applicant at the same rate and in the same manner as that charged by the professional to the Borough.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-7.2]
If an applicant desires a certified court reporter, the cost of taking testimony and transcribing it with a copy of the transcription available to the Borough shall be at the expense of the applicant who shall also arrange for the reporter's attendance.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-8.1]
It shall be the duty of the Construction Code Official or the Assistant Construction Code Official of the Borough to administer and enforce this chapter except as provided in subsection 22-5.4. In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use would be in violation of any provision of this chapter. It shall be the duty of the Construction Code Official to cause any new buildings, plans or premises to be inspected or examined and to order in writing to the owner that any condition be remedied which is found to exist in violation of any provisions of this chapter. He shall have the right to enter any building or premises during the daytime in the course of his duties. A copy of each such report shall be filed with the Borough Council.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-8.2]
Every application for a building permit shall be accompanied by three sets of plans drawn in ink, or blueprint, and showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of the buildings and accessory buildings existing and proposed, and the lines within which the building or structure is to be erected or altered, the existing or intended use of each building or part of a building, the number of families or dwelling units the building is designed to accommodate, the number and location of off-street parking spaces and off-street loading areas and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. One copy of the plans shall be returned to the owner when the plans shall have been approved by the Construction Code Official together with such permits as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey of the lot by a licensed land surveyor in the State of New Jersey. The lot and location of the building thereon shall be staked out on the grounds before construction is started. No building permit shall be issued for any new building located in a subdivision unless that subdivision is duly approved by the Planning Board in accordance with the provisions of the Borough subdivision ordinance. The provisions contained in this paragraph are in no way intended to conflict with the obligations of the Construction Code Enforcement Official as same are more particularly set forth in the Uniform Construction Code and the rules and regulations promulgated thereunder.
[Ord. #79-20; 1970 Code § 17-8.3]
a. 
It shall be unlawful for an owner to use or permit the use of any building or part thereof, hereafter erected, altered, converted or enlarged wholly or in part, until a certificate of occupancy, applied for at the time of application for a building permit, shall have been issued, by the Construction Code Official. The certificate shall show that the building, or part of a building and the proposed use thereof conform to the requirements of this chapter. It shall be the duty of the Construction Code Official to issue a Certificate of Occupancy only when he is satisfied that the building, or part of a building, and the proposed use thereof conform to the provisions of this chapter and all other applicable codes and ordinances of the Borough. Such occupancy permits shall be granted or denied in writing within 10 days from the date that a written application is filed with the Construction Code Official. A Certificate of Occupancy shall also be required prior to reoccupancy of a vacated existing building.
b. 
Should the Construction Code Official decline to issue a Certificate of Occupancy, his reasons for doing so shall be so stated on one copy of the application and that copy returned to the applicant.
c. 
Upon written request from an owner or tenant, the Construction Code Official shall issue a Certificate of Occupancy for any building or use of land existing on November 20, 1979, certifying after inspection, the extent and kind of use made of the building and whether such use conforms to the provisions of this chapter.
d. 
The Construction Code Official may issue a conditional Certificate of Occupancy, for a use of land or a building which is related to the development of a permitted use of property. Such permits may be issued for a period of one month, and no more than one month extension may be granted. The reasons for the increase of such conditional certificate shall be stated on the face of the Certificate of Occupancy.
e. 
On the serving of notice of any violation of any of the provisions or requirements of this chapter with respect to any building or use thereof or of land as provided in Section 22-9 of this chapter, the Certificate of Occupancy for such use shall thereupon, without further action, be null and void and a new Certificate of Occupancy shall be required for any further use of such building or land.
f. 
A monthly report of the Certificates of Occupancy shall be filed with the Tax Assessor. A record of all building permits and Certificates of Occupancy shall be kept in the office of the Construction Code Official and copies shall be furnished on request, to any person having a proprietary or tenancy interest in the building or land affected. The charge for each copy shall be $10 except that there shall be no charge to a municipal agency.
g. 
The provisions contained in these paragraphs are in no way intended to conflict with the obligations of the Construction Code Enforcement Official as same are more particularly set forth in the Uniform Construction Code and the rules and regulations promulgated thereunder.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-9.1]
Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of the provisions of this chapter or any order, decision or determination by the Board of Adjustment, the Planning Board, the appropriate Construction Code Official or the governing body and who refuses to abate the violation within five days after written notice has been served either by registered mail or by personal service, shall for each and every violation be subject to a fine of not more than $200 or 90 days imprisonment or both, at the discretion of the court or judicial officer before whom a conviction may be had. Each and every successive day that such violation continues after such notice shall be considered a separate and specific violation of this chapter without the service of additional notice.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-9.2]
In case any building or structure is or is not intended to be erected, constructed, reconstructed, altered or converted, or any building or structure is or is intended to be used in violation of, or contrary to the provisions of this chapter, the Borough Attorney shall, after authorization from the Borough Council and in addition to other remedies, set forth in the statutes or other laws of the State of New Jersey and in this chapter institute an action to enjoin, or any other appropriate action or proceeding, to prevent such erection, construction, reconstruction, alteration, conversion or use.
[Ord. #72-10; Ord. #79-20; 1970 Code § 17-10.1]
The Borough Council may amend or change by ordinance, the number, shape or area of districts established on the Zoning Map and the regulations set forth in this chapter in accordance with N.J.S.A. 40:55D-1 et seq. and any amendments thereto.
[Ord. #79-20; 1970 Code § 17-11.1]
All amendments of this chapter shall be adopted in accordance with the provisions of New Jersey Law.
[Ord. #79-20; 1970 Code § 17-11.2]
In the interpretation and the application of the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this chapter imposes greater restrictions, the provisions of this chapter shall apply.
[Ord. #79-20; 1970 Code § 17-11.6]
Immediately upon adoption of this chapter, the Borough Clerk shall file a copy of this chapter with the County Planning Board as required by law. The Clerk shall also file with the County Planning Board copies of all other ordinances of the Borough relating to land use such as the subdivision and site plan review ordinances of the Borough.
[Ord. #79-20; 1970 Code § 17-11.7]
Whenever a term is used in this chapter which is defined in Chapter 291, P.L. 1975, such term is intended to have the meaning set forth in the definition of such term found in the statute unless a contrary intention is clearly expressed from the context of this chapter.
[Ord. #79-20; 1970 Code § 17-11.8]
All applications for development made and filed prior to the effective date of this chapter may be construed in accordance with a prior law but any appeals arising out of decisions made on any such application shall be governed by this chapter.