[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:
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.
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]
The vehicular access to a parking space.
Any change in the supporting members of a building such as
walls, columns, beams or girders.
A developer submitting an 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.
A story having more than 25% of its clear height below the
average level of the adjoining ground.
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.
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.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The State Uniform Construction Code.
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.
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.
A public building for civic, social, education, cultural
or recreational activities of a neighborhood or community not operated
primarily for monetary gain.
A structure in which is conducted the principal use of the
site on which it is situated.
A story having more than 25% of its clear height below the
average level of the adjoining ground.
A licensed motor vehicle which meets any one of the following
criteria:
The vehicle is licensed for commercial purposes.
The vehicle contains a sign, advertisement or other graphics
indicating that its use is for commercial purposes.
The vehicle has a capacity in excess of 3/4 ton.
The vehicle has a gross weight in excess of 3 1/2 tons.
The design of the vehicle clearly indicates that its primary
purpose is the transport of goods or produce.
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.
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.
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.
The Department of Health and Senior Services.
[Added 10-24-2019 by Ord.
No. 2019-4]
Any part of the territory of the Borough defined on the Zoning
Map within which certain uniform regulations and requirements of this
chapter apply.
A building which is designed or used exclusively as the living
quarters for one or more families.
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.
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.
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.
A building used for the parking and storage of motor vehicles.
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.
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.
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.
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.
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.
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.
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.
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.
LOT, CORNERA 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°.
LOT, INTERIORA parcel of land other than a corner lot.
LOT, THROUGHA parcel of land which extends through from one street to another.
The area contained within the lot lines of a lot but shall
not include any portion of a street right-of-way.
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.
A line of record bounding the lot.
LOT LINE, FRONTThe lot line separating the lot from the street right-of-way; also referred to as a "street line."
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny 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.
|
The horizontal distance between side lot lines measured at
the required front yard setback line.
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]
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]
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]
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]
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]
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]
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]
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.
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.
A building or group of buildings providing guest rooms, and
may have outside entrances, a public lobby, and one or more public
dining rooms.
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.
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.
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.
The owner or tenant of a single lot in the Borough of Moonachie;
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.
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.
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.
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.
Portable on-site demand storage.
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.
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.
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.
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.
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.
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:
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
Required by applicable federal or state laws or municipal ordinances.
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.
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.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way:
Which is an existing state, county or municipal roadway; or
Which is shown upon a plat heretofore approved pursuant to law;
or
Which is approved by official action as provided by statute;
or
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.
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.
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.
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.
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.
Includes either outdoor or indoor pools which are artificially
constructed to provide recreational facilities for swimming, bathing,
or wading.
Includes artificially constructed pools not designed or used
for swimming and having a maximum depth of two feet.
A typed or printed verbatim record of proceedings or reproduction
thereof.
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.
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.
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.
YARD, STREETAn 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.
YARD, REARA 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.
YARD, SIDEAn 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.
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:
c.
Recreational cannabis businesses.
[Added 7-22-2021 by Ord.
No. 2021-2]
1.
Permitted uses.
(a)
Class 1 cannabis cultivator license, for facilities involved
in growing and cultivating cannabis;
(b)
Class 2 cannabis manufacturer license, for facilities involved
in the manufacturing, preparation, and packaging of cannabis items;
(c)
Class 3 cannabis wholesaler license, for facilities involved
in obtaining and selling cannabis items for later resale by other
licensees;
(d)
Class 4 cannabis distributer license, for businesses involved
in transporting cannabis plants in bulk from one licensed cultivator
to another licensed cultivator, or cannabis items in bulk from any
type of licensed cannabis business to another;
2.
Location condition.
(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 licensed security and/or twenty-four-hour
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
personal.
(g)
All drying, soil mixing, testing, processing, and other nongrowing
activities must take place in a separate room from any growing activities.
(h)
This section shall not be in conflict of any provisions of P.L.
2021, c. 16 (C. 24:6I-31 et. al.)
[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.
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:
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:
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.
SATELLITE EARTH STATION (DISH)
Definition. As used in this chapter:
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.
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.
