[Amended by Ord. No. 10-85; Ord. No. 11-85;
Ord. No. 4-88; Ord. No. 17-98]
In the R-AA, R-A, R-1 and R-2 Zones, the following
uses shall be permitted:
A.
Permitted principal uses.
B.
Permitted accessory uses.
(1)
Accessory uses customarily incident to a permitted
use or to an authorized conditional use.
(2)
Such accessory uses shall include garages, carports, sheds, toolhouses, pergolas, gazebos, boathouses, greenhouses, playhouses, private swimming pools, exterior air-conditioning units, exterior mechanical equipment and retaining walls. Fences are permitted only in accordance with § 245-15P. Play equipment shall be permitted as an accessory use upon all improved residential lots located within residential zones, provided that play equipment shall not be located closer to any street right-of-way line than the residence located on the lot; play equipment shall be set back by no less than 10 feet from any side, rear or lake lot line; and play equipment shall not exceed 12 feet in height, measured vertically from highest point.
[Amended 10-10-2000 by Ord. No. 24-2000]
(3)
Those home occupations or professions that have no
nonresident employees, no client visitors, show no visible external
evidence of the occupation and have no other negative impact on the
neighborhood. Such occupation shall be subject to the following conditions:
(a)
The principal use of the property must be as
a residence, with the amount of the property used for the home occupation
limited to a maximum of 500 square feet or 1/3 of the square
footage of all buildings on the property, whichever is smaller.
(b)
The principal professional of any accessory
home occupation shall reside on the premises.
C.
Conditional uses (see also § 245-16).
(1)
Home occupations that do not meet the defined requirements of Subsection B(3) above, subject to the provisions of § 245-16. See also Schedule III.[2]
[2]
Editor's Note: Schedule III is included at the end of this chapter.
(2)
Clubs, except clubs whose chief activity is a service
carried on as a business and provided that any clubhouse or open terrace
adjacent thereto, swimming area, handball, tennis, badminton and similar
small games area or parking lot shall be located at least 50 feet
from any residential lot line and provided that the use is such as
not to create undue noise beyond the lot lines.
(3)
Philanthropic or eleemosynary uses or institutions,
but not including a hospital, halfway house, sanitarium, correctional
institution, asylum or institution for mental health, or institution
for infectious or contagious diseases.
(4)
Child-care centers.
[Amended by Ord. No. 9-82; Ord. No. 14-92]
In the RC-1, RC-2 and RC-3 Zones, the following
uses shall be permitted:
C.
Conditional uses.
(4)
In the RC-3 Zones only, townhouses, subject to conditions and criteria stated in § 245-16F(1)(d), maximum number of lots; § 245-16F(2), Procedures for cluster development; § 245-16F(3), Location and use of open space; § 245-16F(4), Disposition of open space; and § 245-16H, Townhouse option of the RC-3 Zone; and other applicable criteria in the land use ordinances.
[Added by Ord. No. 4-97; amended 4-25-2005 by Ord. No. 01-05]
The purpose of the R-AH Zone is to provide a
realistic opportunity for the construction of affordable housing as
part of a comprehensively planned housing development, in conformance
with the Borough's approved Housing Element and Fair Share Plan and
the regulations of this chapter governing affordable housing. In the
R-AH Zone, the following uses shall be permitted:
A.
Permitted principal uses. Single-family attached or multifamily dwellings in accordance with the provisions below and the development standards enumerated in Subsection C:
(1)
A maximum of 47 dwelling units shall be permitted, of which at least
eight units shall be set aside as affordable housing.
[Amended 12-17-2012 by Ord. No. 20-12]
(2)
Units may be age-restricted in accordance with the
Fair Housing Act, 42 USC 3601 et seq.; provided, however, that no
more than four of the units affordable to low- and moderate-income
households may be age-restricted.
B.
Permitted accessory uses. Same as in § 245-7B, except that all accessory structures shall be designed to serve or be developed in relation to the entire development and shall be subject to site plan approval.
C.
Development standards.
[Amended 12-17-2012 by Ord. No. 20-12]
|
Type
|
Requirement
| ||
|---|---|---|---|
|
Minimum tract size
|
8 acres
| ||
|
Minimum tract frontage and depth
|
100 feet
| ||
|
Minimum setbacks (principal buildings)
| |||
|
From public right-of-way
|
40 feet2
| ||
|
From side or rear perimeter property lines
|
25 feet
| ||
|
Minimum setbacks (accessory buildings)
| |||
|
From public right-of-way
|
40 feet
| ||
|
From side or rear perimeter property lines
|
25 feet
| ||
|
Maximum height
|
2 1/2 stories/35 feet3
| ||
|
Parking requirements
|
See N.J.A.C. 5:21-1.1 et seq. (Statewide Residential
Site Improvement Standards) for total number of spaces to be provided.
A minimum of one space per unit shall be provided in an enclosed garage.
As to the low- or moderate-income units, there shall be no garage
requirements.
| ||
|
On-site rights-of-way (ROW) and pavement widths
|
See N.J.A.C. 5:21-1.1 et seq.
| ||
|
Maximum floor area ratio (FAR)
|
30.5%1
| ||
|
Maximum improved coverage
|
34%
| ||
|
NOTES:
| ||
|
1
|
The maximum FAR shall be calculated based upon
the gross area of the site located within the R-AH Zone prior to any
right-of-way dedication for road widening purposes along Moms Avenue
and/or Fanny Road.
| |
|
2
|
An elevated deck attached to a townhouse shall be permitted
to extend up to eight feet into the required minimum setback from
the Fanny Road public right-of-way provided the floor area of the
deck is less than 125 square feet and the deck is unroofed and unenclosed
except for safety railings, and provided that the intervening yard
area is effectively buffered by landscaping.
| |
|
3
|
A maximum building height of three stories and 39 feet shall
be permitted for market rate townhouses in buildings in which any
portion of the building is within 150 feet of Morris Avenue or within
50 feet of Fanny Road. This extended height limit shall apply to a
maximum of five buildings containing a maximum of 22 townhouse units.
| |
D.
Setbacks between buildings; setbacks to interior roads
and parking areas. In reviewing a site plan for any development in
the R-AH Zone, the Planning Board shall have authority to review and
approve all setbacks between buildings and between buildings and interior
roads, parking areas and other structures in order to ensure the preservation
of adequate light, air and open space.
E.
In site plan review process, the Planning Board shall
also review consistency with the Master Plan requirements relating
to the protection of environmental areas, particularly the Conservation
Zone, and facilitation of pedestrian access to community resources.
F.
Homeowners' association. If a homeowners' association is formed, it shall be approved in the manner stipulated in § 245-16H(7).
G.
Affordable Housing Zone shall be exempt from measuring to existing (original) grades as defined in Chapter 40, § 40-3 under definitions for "Building height (residential zones)," "grade plane," and "story above grade." All measurements are to be from proposed grades.
[Added 6-12-2006 by Ord. No. 08-06]
H.
Affordable Housing Zone shall be exempt from the "three-foot maximum change in average grade as measured along any wall of a building" requirement, as defined in Chapter 245 under Footnote 17 of Schedule I.
[Added 6-12-2006 by Ord. No. 08-06]
I.
Each townhouse unit within the Affordable Housing
Zone shall be considered a building for the purpose of measuring building
height at street (residential zones), grade plane, and story above
grade. Two or more units at similar floor elevations may be used to
calculate the non-street frontage of building height.
[Added 6-12-2006 by Ord. No. 08-06]
[Added 11-23-2015 by Ord.
No. 12-15]
The purpose of the R-AH2 Zone is to provide a realistic opportunity
for the construction of affordable housing as part of a comprehensively
planned housing development, in conformance with the regulations of
this chapter governing affordable housing. In the R-AH2 Zone, the
following uses shall be permitted:
A.
Permitted principal uses. Townhouses and multifamily dwellings in accordance with the provisions below and the development standards enumerated in Subsection C:
(1)
All of the market rate dwellings shall be townhouse units.
(2)
Affordable dwellings may be either townhouse or multifamily
units.
(3)
Fifteen percent of all dwelling units shall be set aside as
affordable housing.
(4)
Dwellings constructed for low- and moderate-income households shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Article VI of this chapter.
(5)
The development, unit distribution and marketing of all housing constructed for low- and moderate-income households shall be undertaken consistent with the rules and regulations of the New Jersey Council on Affordable Housing and the provisions of Article VI of this chapter, except that the construction of affordable housing shall be required to be undertaken upon completion and issuance of certificates of occupancy for 50% of the market rate units within the development.
B.
Permitted accessory uses shall be the same as in § 245-7B, except that all accessory structures shall be designed to serve or be developed in relation to the entire development and shall be subject to site plan approval.
C.
Development standards.
|
Type
|
Requirement
| ||
|---|---|---|---|
|
Minimum tract size
|
7 acres
| ||
|
Minimum frontage on a public or private street or other right-of-way
providing access to the tract
|
50 feet
| ||
|
Minimum setbacks (principal buildings)*
| |||
|
From RC-3 zone boundary
|
50 feet
| ||
|
From any other tract boundary
|
25 feet
| ||
|
From internal access road
|
25 feet with sidewalks
| ||
|
22 feet without sidewalks
| |||
|
Minimum setbacks (accessory buildings)
|
Same as for principal buildings
| ||
|
Maximum height
|
3 stories/35 feet
| ||
|
Maximum density
|
5.5 dwelling units per gross acre; however, in no event shall
the total number of dwellings exceed 40
| ||
|
Parking requirements
|
See N.J.A.C. 5:21-1.1 et seq. (Statewide Residential Site Improvement
Standards) for total number of spaces to be provided. A minimum of
one space per unit shall be provided in an enclosed garage for market
rate units.
| ||
|
On-site rights-of-way (ROW) and pavement widths
|
See N.J.A.C. 5:21-1.1 et seq.
| ||
|
Maximum improved coverage
|
45%
| ||
|
NOTES:
| ||
|---|---|---|
|
*
|
Dwelling unit patios, decks, elevated decks, appurtenances such
as railings or stairs, privacy fencing, HVAC units and pedestrian
entrance structures such as stairs, pads, roof overhangs, walkways,
and railings shall be permitted to extend no more than 10 feet into
any required minimum setback. No such area shall be enclosed except
for overhead decks, pedestrian entrance roof overhangs and safety
railings. Extensions into required minimum setbacks shall be effectively
buffered by landscaping.
| |
D.
Permitted slope disturbance. For the purpose of ensuring that there
is sufficient area to reasonably accommodate the construction of townhouses/multifamily
units while at the same time limiting the amount of disturbance within
areas with slopes in excess of 15%, a slope disturbance analysis shall
be included as part of the required submission. The slope analysis
shall include the following information:
[Amended 9-12-2016 by Ord. No. 07-2016]
(1)
A building area shall be depicted on the plans which shall be
inclusive of all proposed buildings as well as the area extending
20 feet from the front of said building and 10 feet from the side
and rear of said buildings. The building area shall be the sum total
of the footprints in square feet of all proposed buildings and the
associated areas extending therefrom as herein described.
(3)
A tabulation of the land areas in the above listed slope categories
within the building area that are proposed to be disturbed.
(4)
Calculations showing the land areas of disturbance of each slope
category within the building area as compared to the land area of
slopes in each category on the entire tract. The maximum allowable
slope disturbances within the building area as a percentage of land
area in each slope category on the entire tract shall be as set forth
in the following table:
|
Slope Category
|
Maximum Slope Disturbance
| |
|---|---|---|
|
0 to 14.99%
|
100%
| |
|
25% to 34.99%
|
10%
| |
|
35% or greater
|
5%
|
E.
Homeowners' association. If a homeowners' association is formed, it shall be approved in the manner stipulated in § 245-16H(7).
F.
The Affordable Housing 2 Zone shall be exempt from measuring to existing (original) grades as defined in Chapter 40, § 40-3, under definitions for "building height (residential zones)," "grade plane," and "story above grade". Measurements shall be from the first floor elevation at the front door entrance of each market rate or affordable townhouse unit to the midpoint of a sloped roof. If the affordable dwellings are multifamily units and not townhouses, then the measurement shall be from the average first floor elevation at the front of the building to the midpoint of a sloped roof.
G.
The Affordable Housing 2 Zone shall be exempt from the "three-foot maximum change in average grade as measured along any wall of a building" requirement, as defined in Chapter 245 under Footnote 17 of Schedule I.
H.
Multiple principal buildings are permitted, except that no more than
six units shall be permitted within any building. Buildings shall
be separated from other buildings by a minimum of 50 feet, except
that side-to-side orientations of buildings shall be separated a minimum
of 25 feet and side-to-rear orientations of buildings shall be separated
by a minimum of 40 feet.
I.
Section 245-15N shall not apply to development in the R-AH2 Zone. Variation shall be incorporated in building plans for and in the construction of groups of three townhouse units or more ("townhouse unit groups") to present variations in the elevation, design and appearance of the townhouse unit groups. Variation shall be achieved by differentiation in at least three of the design characteristics between townhouse unit groups on a group-by-group basis:
[Amended 3-4-2016 by Ord.
No. 01-16]
J.
Fences, only to the degree necessary for the health, safety, or welfare,
shall be permitted, including within setbacks. Examples of such necessary
fencing include fencing of decks, patios with dropoffs, steeply sloped
areas, and detention basins.
[Amended 3-4-2016 by Ord.
No. 01-16]
[Added 10-8-2018 by Ord.
No. 6-18]
A.
Permitted principal and accessory uses. It is the intent within the
R-AH3 Overlay Zone to permit uses consistent with those permitted
in the OL-2 Zoning District and to permit, as an alternative to the
OL-2 uses, the development of an assisted living residence as conditional
use. Permitted principal, accessory and conditional uses shall be
as follows:
(1)
All principal and accessory uses permitted in the OL-2 Zone;
or
(2)
Assisted living residences, as defined within Article I, § 40-3, Definitions, of Chapter 40 of the Revised General Ordinances are permitted as a conditional use within the R-AH3 Overlay Zone. Assisted living residences shall only be permitted upon satisfaction of the standards contained in Article IV, § 245-16, Conditional use requirements, of Chapter 245 of the Revised General Ordinances.
[Amended by Ord. No. 10-92; Ord. No. 14-92;
Ord. No. 22-96; Ord. No. 28-97]
In the A Zone, the following uses shall be permitted:
A.
Permitted principal uses.
(1)
Business or professional office or office building,
including banks and other financial institutions.
(2)
Restaurant and club, excluding drive-in restaurant.
(3)
Retail business or service, excluding any business
with outside storage or selling of gasoline, diesel fuel, propane,
methane, natural gas or other potential aquifer pollutants (excluding
items which are sold in their original sealed container); automotive
service stations, repair shops or body shops; new car dealerships,
used car storage or sales, motor vehicle and trailer rentals; dry-cleaning
establishments; motels, hotels, tourist homes, boardinghouses, rooming
houses or other similar or analogous uses, including trailer camps
and camps.
(4)
Child-care centers.
C.
Conditional uses.
(1)
Sexually oriented establishments in accordance with
the following standards:
(a)
The establishment shall be located at least
500 feet from the boundary of any residential zone within the Borough
of Mountain Lakes and from any existing and/or approved but not yet
existing house of worship, day-care center and school.
(b)
In order to avoid a concentration of sexually
oriented establishments, such establishment shall be located at least
1,000 feet from any other existing and/or approved but not yet existing
sexually oriented establishment.
(c)
The foregoing distance limitations shall be
measured by a straight line drawn from the nearest point of the lot
boundary on which the proposed use is to be located to the nearest
point of the lot or district boundary, as the case may be, of the
other use or district, and those uses, district boundary lines and
dimensions shall be indicated on the submitted site plan.
(d)
The building housing the sexually oriented establishment
shall have a minimum front setback of 75 feet and a minimum side or
rear setback of 25 feet. The building and associated parking area
shall be surrounded by a perimeter landscape buffer of at least 20
feet in width, consisting of landscape plantings designed and installed
to the satisfaction of the Planning Board.
(e)
Every sexually oriented establishment shall
be located in a single-occupant, freestanding building.
(f)
No sexually oriented establishment shall be
permitted in a building having a capacity to accommodate 50 or more
occupants.
(g)
Off-street parking requirements for a sexually
oriented establishment are one space for every 200 square feet of
gross floor area or portion thereof, plus one space for each employee,
provided that a minimum of 10 parking spaces shall be provided.
(h)
All other requirements of the Land Use Ordinance,
including but not limited to the business zone requirements, shall
be met.
[Amended by Ord. No. 10-92; Ord. No. 22-96; 3-24-2014 by Ord. No.
01-14; 9-30-2020 by Ord. No. 3-20]
A.
Permitted principal uses are the same as in § 245-10A ("Business Zone A") except that automobile service stations, dry cleaning establishments, motels, hotels and businesses using hazardous substances shall be excluded. In addition, the following principal uses shall be permitted:
B.
Permitted accessory uses. Same as § 245-10B. In addition, electric car charging stations shall be permitted as an accessory use.
C.
Conditional uses.
(1)
Sexually oriented establishments in accordance with the following
standards:
(a)
The establishment shall be located at least 500 feet from the
boundary of any residential zone within the Borough of Mountain Lakes
and from any existing and/or approved but not yet existing house of
worship, day-care center and school.
(b)
In order to avoid a concentration of sexually oriented establishments,
such establishment shall be located at least 1,000 feet from any other
existing and/or approved but not yet existing sexually oriented establishment.
(c)
The foregoing distance limitations shall be measured by a straight
line drawn from the nearest point of the lot boundary on which the
proposed use is to be located to the nearest point of the lot or district
boundary, as the case may be, of the other use or district, and those
uses, district boundary lines and dimensions shall be indicated on
the submitted site plan.
(d)
The building housing the sexually oriented establishment shall
have a minimum front setback of 75 feet and a minimum side or rear
setback of 25 feet. The building and associated parking area shall
be surrounded by a perimeter landscape buffer of at least 20 feet
in width, consisting of landscape plantings designed and installed
to the satisfaction of the Planning Board.
(e)
Every sexually oriented establishment shall be located in a
single-occupant, freestanding building.
(f)
No sexually oriented establishment shall be permitted in a building
having a capacity to accommodate 50 or more occupants.
(g)
Off-street parking requirements for a sexually oriented establishment
are one space for every 200 square feet of gross floor area or portion
thereof, plus one space for each employee, provided that a minimum
of 10 parking spaces shall be provided.
(h)
All other requirements of the Land Use Ordinance, including
but not limited to the business zone requirements, shall be met.
(2)
Hotels in accordance with the following standards:
(a)
The minimum lot size shall be 2.5 acres.
(b)
The maximum building height shall be three stories/40 feet for
a flat-roof building and three stories/45 feet for pitched roof building.
(c)
The minimum lot frontage along Route 46 shall be 200 feet.
(d)
Ancillary facilities/amenities, including a restaurant/lounge,
meeting facilities and ballroom space(s), shall be permitted.
(e)
The architectural design shall incorporate the following: vertical
and horizontal articulation of the building facades; changes in facade
plane, size and rhythm of window spacing and surface material and
pattern; and a contrasting roofline.
(3)
Automobile service stations in accordance with the following standards:
(a)
No painting repair work on cars shall be permitted or other
work of the type usually conducted by and at automobile body shops
in repairing damaged motor vehicles.
(b)
A gasoline service station may also include a retail business
in which case the minimum lot size shall be 1.5 acres.
(c)
A minimum of one off-street parking space shall be provided
for every 125 square feet of building floor area.
(d)
All pumps, islands and canopies serving to protect customers
while fueling shall be located a minimum of 40 feet from any street
line and a minimum of 30 feet from any other lot line. Canopies, pumps
and islands shall be considered accessory structures and not a second
principal structure.
(e)
All lifts, greasing racks and other similar equipment shall
be within the building. The underground storage of petroleum products
shall meet federal and state codes, as applicable, to protect the
Borough's groundwater.
(f)
The minimum lot frontage requirement shall be 200 feet.
(g)
Motor vehicles may be parked upon the lot but only insofar as
reasonably incident and accessory to the operation of an automotive
service station and only in such a manner and location which neither
interferes with ingress and egress to the premises nor creates any
hazardous condition. No storage of motor vehicles, and no unsightly
accumulation of vehicles or parts thereof, shall be permitted.
(4)
Drive-in restaurants or restaurants with drive-through facilities
where food or drink is served to customers in vehicles at a drive-through
window in accordance with the following standards:
(a)
The pick-up window shall be located on the side or rear of the
building to limit visibility from the primary road frontage.
(b)
No driveway shall open upon a public street within 150 feet
of an intersecting public street, measured from the intersection of
the tangents of the adjacent curblines.
(c)
One off-street parking space shall be provided for every two-seats.
(5)
Self-storage facilities in accordance with the following standards:
(a)
Self-storage facilities shall be at least two stories in height
and no more than three stories in height and shall be designed architecturally
to incorporate features typical of new multifamily residential or
office building construction, including but not limited to facade
articulation and materials treatment. The maximum height of a self-storage
facility shall be 35 feet for a flat-roof building and 40 feet for
a pitched roof building.
(b)
The minimum frontage requirement shall be 200 feet.
(c)
The only activities permitted in individual storage units shall
be the rental of the unit and the pickup and deposit of goods and/or
property in dead storage. Storage units shall not be used for the
following activities:
[1]
Residences, offices, workshops, studios, or hobby or rehearsal
areas.
[2]
Manufacturing, fabrication, or processing of goods; service
or repair of vehicles, engines, appliances or other electrical equipment;
or any other similar activities.
[3]
Conducting retail sales of any kind, including garage or estate
sales or auctions, or any other commercial activity; provided that
the operator of the self-storage unit may conduct a sale or otherwise
liquidate the contents of any storage unit to satisfy and settle an
account of unpaid rent or other charges, through public or private
sales, in a manner provided by law.
[4]
Storage of flammable, perishable or hazardous materials or the
keeping of animals.
(d)
The rental of trucks, trailers or moving equipment, as well
as the installation of trailer hitches, shall be prohibited.
(e)
Sale of boxes or packing materials shall be permitted, but only
if accessory to the self-storage facility.
(f)
Self-storage facilities shall not operate or allow tenant access
between the hours of 12:00 midnight and 6:00 a.m.
(g)
All goods and property in a self-storage facility shall be stored
in an enclosed building. No outdoor storage of any kind, including
but not limited to storage of boats, RVs, vehicles, trailers or similar
vehicles, or storage in outdoor storage pods or shipping containers,
shall be permitted.
(h)
All storage units above grade and all storage units visible
from residential areas shall gain access from the interior of the
building(s) only; no unit doors, loading bays, or docks may face or
be visible from any adjacent residential areas.
(i)
Electrical service to storage units shall be for lighting and
climate control only. No electrical outlets are permitted inside individual
storage units. Lighting fixtures and switches shall be of a secure
design that will not allow tapping such fixtures for other purposes.
[Amended by Ord. No. 10-92; Ord. No. 14-92]
In the OL-1 and OL-2 Zones, the following uses
shall be permitted:
A.
Permitted principal uses.
(1)
Business, professional or service offices and establishments,
banks and other financial institutions. Retail and wholesale activities
and businesses using hazardous substances shall be excluded.
(2)
Light manufacturing; processing of data and materials;
storing, assembly or fabrication of goods and materials; printing
and publishing; research. Businesses using hazardous substances as
defined shall be excluded. Any use shall meet applicable performance
standards.
(3)
Child-care centers.
[Added by Ord. No. 5-97; amended by Ord.
No. 15-98]
A.
Permitted principal and accessory uses. It is the
intent within the OL-2/R-1 Zone to permit uses consistent with those
permitted in the OL-2 Zoning District and to permit, as an alternative
to OL-2 uses, the development of single-family detached homes on individual
lots comprised of at least 10,000 square feet each. Permitted principal
and accessory uses shall be as follows:
B.
Bulk and design requirements and standards.
(1)
For office and light industrial uses, the bulk regulations, restrictions and requirements shall be the same as for the OL-2 Zone, as enumerated in Article V, Bulk Requirements, and all applicable schedules incorporated therein.
(2)
For single-family detached dwellings, the bulk regulations, restrictions and requirements shall be the same as for the R-1 Zone, as enumerated in Article V, Bulk Requirements, and all applicable schedules incorporated therein, and the design development regulations, standards, restrictions and requirements, as enumerated in Chapter 102, Environmental Factors; Soil, Water and Trees, and Chapter 208, Subdivision of Land and Site Plan Review, of Code of the Borough of Mountain Lakes, except that with respect to Block 116, Lots 2 and 3.03, 13 lots shall be developed, subject to the following provisions which shall apply:
(a)
Rights-of-way not less than 40 feet wide where
the applicant for Block 116, Lots 2 and 3.03, owns or controls only
one side of the property abutting the right-of-way.
(b)
Radius of cul-de-sac no less than 43 feet.
(c)
Maximum floor area ratio (FAR): 25%, excluding
garages and basements.
(d)
Up to four lots may have lot depths less than
100 feet. In no event shall any lot have a lot depth of less than
70 feet.
(e)
Article III, Affordable Housing Overlay, of
this chapter shall be satisfied through the developer's contribution
of $52,000 toward funding the cost of the Borough's compliance plan,
payable in three $17,333.34 installments within two days of the developer's
receipt of each of the first three certificates of occupancy for lots
in the proposed subdivision of the affected property.
(f)
Chapter 102, Article V, Surface Water Management, of this Code shall be waived and detention shall not be required on the applicant's property where there exists expert testimony from a licensed professional engineer of the State of New Jersey that there is negligible downstream impact from the proposed development and, if pertinent, where the New Jersey State Department of Transportation has issued permits or approvals for the proposed development in accordance with the applicant's proposed management and disposal of such surface water and where other planning benefits, such as buffer, are retained or obtained as a result of the waiver.
(g)
No additional or amended environmental impact
study (EIS) shall be required where the number of lots sought to be
approved as part of the subdivision of the applicant's property does
not exceed the number of lots that has been the subject of any EIS
previously submitted by the applicant in connection with an otherwise
substantially similar subdivision application on the property within
the past 24 months and where no substantial and material changes in
the physical circumstances of the property have occurred in the interim
that would reasonably require an updated EIS.
(h)
Notwithstanding the provisions of § 208-9A(1)(b), no sidewalks shall be required for the development of the subdivision of the applicant's property.
(j)
Subdivision plan sheets, sized 30 inches by
42 inches, may be submitted instead of sheets sized 24 inches by 36
inches in order to depict the entire subdivision plan of the applicant's
property on one sheet.
[Added by Ord. No. 16-88; amended by Ord.
No. 5-97; 6-10-2002 by Ord. No. 06-02; 7-22-2002 by Ord. No. 17-02]
A.
Conservation zones encompass certain Borough-owned
parks and open space areas. It is intended that these areas be preserved
as open space and be used for recreation and conservation of the following
natural resources:
(1)
Major existing or potential groundwater resources.
(2)
Erosion-prone soils, especially in steep areas of
15% or more grade and where surface water sedimentation may occur.
(3)
Ecologically important wetlands, which also serve
as natural stormwater detention facilities.
(4)
Woodlands which provide environmental and aesthetic
benefits.
B.
Conservation Zone C-1 includes all areas formerly
designated as C Zone, except those portions now designated as Zone
C-2 on the Zoning Map dated June 10, 2002.
(1)
Permitted principal uses.
(a)
Recreational uses that involve limited disturbance
to the natural environment, including, but not limited to, walking,
jogging, biking on designated biking trails, bird-watching, fishing,
cross-country skiing, and sledding.
(b)
Unpaved trails and puncheon-type boardwalks,
approved by the Borough Council, and in accordance with the New Jersey
Freshwater Wetlands Protection Act.
C.
Conservation Zone C-2 consists of areas as designated
on the Zoning Map dated June 10, 2002.
(1)
Permitted principal uses.
(a)
All uses permitted in the C-1 Zone and recreational
uses utilizing paved trails, playgrounds, tennis courts, athletic
fields and other recreational facilities approved by the Borough Council.
(2)
Permitted accessory uses.
(a)
Accessory uses normal and incidental to permitted principal uses, including parking, signs, fences for safety, trash receptacles, benches and temporary or permanent structures, but excluding lighting except as allowed by Subsection C(2)(b) hereof, and sound systems except as allowed by Subsection C(2)(c) hereof as approved by the Borough Council.
(b)
Lighting systems at Birchwood Lake and the Powerville
tennis courts, lighting on walkways, parking areas and points of access,
if necessary for safety.
(c)
Amplified sound systems at the swimming area
at Birchwood Lake and, if required for a specific event, wherever
and whenever deemed appropriate by the Borough Council.
(3)
Supplementary requirements for Conservation Zone C-2.
(a)
To maintain Mountain Lakes' distinctive character
and its blending of natural and man-made features, a natural vegetative
buffer of 100 feet shall be provided between the edge of any land
disturbance and contiguous residential properties. This natural vegetative
buffer requirement shall not necessarily apply to uses and facilities
existing prior to May 2002, but existing buffers of 100 feet or less
must be preserved. Subsurface utilities may be located within buffer
areas.
[Added 5-29-2019 by Ord.
No. 4-19]
A.
Permitted principal, accessory and conditional uses.
(2)
Multifamily inclusionary development consisting of townhouses and/or multifamily dwelling units as permitted principal uses with a required set aside for low- and moderate-income households of 20% if such units are for sale and 15% if such units are for rent. Low- and moderate-income units shall comply with the provisions of Article VI of this chapter (i.e., Affordable Housing Ordinance) Permitted accessory uses shall include uses which are customarily incidental to the permitted principal use, including, but not limited to, indoor and outdoor recreational facilities and related amenities for the exclusive use of residents and guests.
B.
Bulk and development standards.
(1)
For permitted uses other than multifamily inclusionary development, as set forth in Article V of this chapter for the OL-1 Zone.
(2)
For multifamily inclusionary development, as set forth below.
(a)
Minimum lot size: three acres.
(b)
Minimum lot frontage: 250 feet.
(c)
Maximum density: 14 units per gross acre.
(d)
Maximum building height: three stories/40 feet.
(e)
Minimum front yard setback: 75 feet.
(f)
Minimum side yard setback: 50 feet.
(g)
Minimum rear yard setback: 75 feet.
(h)
Maximum building coverage: 25%.
(i)
Maximum improved coverage: 50%.
(j)
There shall be no more than eight townhouse units in any building.
(k)
There shall be no more than 16 units in any two-story multifamily
building and no more than 24 units in any three-story building.
(m)
Development shall maintain a minimum fifty-foot landscaped buffer
to any residential zone boundary line which shall consist of either
existing vegetation or new plantings, or where appropriate, a combination
of existing vegetation and new plantings.
(n)
No parking area shall be located within 50 feet of a front lot
line or within 25 feet of any other lot line.
(o)
Parking shall be provided in accordance with New Jersey Residential
Site Improvement Standards (RSIS).
A.
Permitted principal, accessory and conditional uses.
(2)
Multifamily inclusionary development consisting of townhouses and/or multifamily dwelling units as permitted principal uses with a required set aside for low- and moderate-income households of 20% if such units are for sale and 15% if such units are for rent. Low- and moderate-income units shall comply with the provisions of Article VI of this chapter (i.e., Affordable Housing Ordinance). Permitted accessory uses shall include uses which are customarily incidental to the permitted principal use, including, but not limited to, indoor and outdoor recreational facilities and related amenities for the exclusive use of residents and guests.
B.
Bulk and development standards.
(1)
For permitted uses other than multifamily inclusionary development, as set forth in Article V of this chapter for the OL-2 Zone.
(2)
For multifamily inclusionary development, as set forth below.
(a)
Minimum lot size: three acres.
(b)
Minimum lot frontage: 250 feet.
(c)
Maximum density: 14 units per gross acre.
(d)
Maximum building height: three stories/40 feet.
(e)
Minimum front yard setback: 75 feet.
(f)
Minimum side yard setback: 50 feet.
(g)
Minimum rear yard setback: 75 feet.
(h)
Maximum building coverage: 25%.
(i)
Maximum improved coverage: 50%.
(j)
There shall be no more than eight townhouse units in any building.
(k)
There shall be no more than 16 units in any two-story multifamily
building and no more than 24 units in any three-story building.
(m)
Development shall maintain a minimum fifty-foot landscaped buffer
to any residential zone boundary line which shall consist of either
existing vegetation or new plantings, or where appropriate, a combination
of existing vegetation and new plantings.
(n)
No parking area shall be located within 50 feet of a front lot
line or within 25 feet of any other lot line.
(o)
Parking shall be provided in accordance with New Jersey Residential
Site Improvement Standards (RSIS).
[Last amended by Ord. No. 3-97]
B.
Permit required. No building, structure or part thereof
shall be erected, raised, moved, extended, enlarged, altered or demolished
until a permit has been granted by the Construction Official. A construction
permit shall be conditional until a foundation survey is made at the
time the foundation is in place. At such time, the applicant shall
submit an accurate foundation survey to the Construction Official
for his review for compliance with the zoning regulations. This survey
shall be sealed by a licensed surveyor and shall show the external
dimensions of the foundation, the distances from its property lines
and the elevation of the top of the foundation. Following his approval
of the foundation survey, the Construction Official shall validate
the permit for the completion of the building. A waiver of the requirement
for a survey may be granted where the Construction Official is satisfied
that the completed foundation meets the setback requirement.
C.
Certificate of occupancy. No land or structure shall be occupied or used in whole or in part for any purpose until a certificate of occupancy shall have been issued by the Construction Official stating that the use and building therein specified, or either of them as the case may be, complies with all the provisions of these chapters. A new certificate of occupancy shall be required for a change of use of land or structure. A "change of use" shall mean a change from one specific use of land or structure as identified in this chapter to another such use. See also § 208-15, Approval.
D.
Open lot sale, storage or display. No yard or any other open area of any lot shall be used for the sale, storage or display of merchandise, wares or personal property except as provided in Subsection E or F of this section or as noted under Subsection D(1), Exceptions, below. The use of tents for any sales event shall not be allowed. Storage shall include the use of tractor-trailers and closed rolloff or shipping containers but shall not include storage sheds, provided that all applicable zoning regulations are met.
E.
Automobile service stations. Automobile service stations
shall be subject to the following regulations:
(1)
No hammering, welding or painting repair work on cars
shall be done, or other work of the type usually conducted by and
at automobile body shops in repairing damaged motor vehicles.
(2)
Any merchandise sold or kept for sale on the premises
must be reasonably incident and accessory to the operation of an automobile
service station.
(3)
No outdoor or open display of merchandise or wares
shall be permitted except as follows:
(a)
Oil for use in servicing motor vehicles, provided
that it is kept in cans neatly racked or stacked and provided that
no such container shall exceed a capacity of five quarts.
(b)
New tires for sale, provided that they are displayed
in a single, floor-level rack containing not more than six new tires
and located immediately adjacent to the main building.
(c)
New storage batteries for sale, provided that
they are displayed in a customary rack holding no more than six batteries
and located immediately adjacent to the main building.
(4)
All pumps and island shall be located a minimum of
35 feet from any lot or street line.
(5)
All lifts, greasing racks and other similar equipment
shall be within the building. The underground storage of petroleum
products shall meet the most stringent federal and state codes, as
applicable, to protect the Borough's groundwater resources. Gas, fuel
and other oil tanks which have been in disuse for more than one year
shall be reinspected and certified prior to reuse.
[Amended 9-14-2015 by Ord. No. 08-15]
(6)
The minimum frontage requirement shall be 300 feet.
(7)
Motor vehicles may be parked upon the lot but only
insofar as reasonably incident and accessory to the operation of an
automobile service station and only in such manner and location which
neither interferes with ingress and egress to the premises nor creates
any hazardous condition. No storage of motor vehicles, and no unsightly
accumulation of vehicles or parts thereof, shall be permitted.
F.
Parking of commercial vehicles. The daytime or overnight
outdoor parking of any commercially licensed vehicle with a gross
vehicle weight in excess of 6,000 pounds shall be prohibited in any
residential zone except in the course of normal business with residents
of the area.
G.
Hazardous use of buildings or land.
(1)
No building or land shall be used and no building
or structure shall be erected, constructed, reconstructed, altered
or repaired which is arranged, intended or designed for any trade,
business or use that is hazardous or potentially hazardous to health
or safety or which uses hazardous substances or potentially hazardous
substances, or that is noxious or offensive by reason of the emission
of odor, vapor, gas, dust, smoke, toxic or corrosive fumes, noise,
vibration, heat, glare or flashes of light, radiation or objectionable
waste, effluent or pollutants.
(2)
No open area on any premises may be used for dumping,
accumulating, piling or burying trash, junk or solid or liquid waste
of any kind, or for storing, dismantling, demolishing or abandoning
vehicles, machinery or parts thereof. Temporary storage of material
for recycling shall be permitted in residential zones.
(3)
The Planning Board may exempt certain minor uses of
hazardous substances upon a finding that the operation of a business
using the hazardous substances within the Prime Aquifer Area does
not pose a risk to public health and safety and does not pose a risk
to the groundwater supply.
H.
Completion and restoration of existing buildings.
(1)
Nothing herein contained shall require any change
in the plans, construction or designated use of a building for which
a construction permit has been issued, or for which plans and a construction
permit application are on file and pending at the time of the passage
of this chapter, provided such plans and intended use conform with
the ordinance in effect at the time the application was made, and
provided the construction of the building is diligently prosecuted
after the permit is granted and completed within one year thereafter.
(2)
Nothing herein contained shall prevent the restoration of a building destroyed for any reason, including, but not limited to, fire, explosion, act of God, act of war, voluntary demolition or negligence, to the extent of no more than 50% of its current reproduction value, or prevent a change of its existing use under the limitations provided in § 245-18, but any building destroyed in the manner aforesaid to an extent exceeding 50% of its reproduction value at the time of such destruction may be reconstructed and thereafter used only in such a manner as to conform to all the provisions of these land use ordinances.
(3)
No structure in process of completion or demolition
and no ruins from fire or other casualty shall be abandoned in a disorderly,
unsightly or hazardous state. Such structure shall be considered to
have been abandoned when work to remedy the improper condition has
not been initiated within 60 days after the occasion of the casualty,
or, if initiated, work has been discontinued with the owner's consent
for 30 or more consecutive days or for more than 30 days out of 60
days. Each day's abandonment shall be considered as a separate violation
of this provision of these land use chapters.
I.
Office and Light Industrial Zones.
(1)
A planted buffer, measured 100 feet deep from the property boundary, shall be provided within any OL-1 or OL-2 Zone along any lot line abutting a residential area or zone. The plant materials and the planting design shall be in accordance with criteria for such plantings in Chapter 208, Subdivision of Land and Site Plan Review.
(2)
All yards that are not used for necessary drives,
walks and permitted accessory uses shall be appropriately landscaped
with trees, shrubs, flowers and grass lawns or other suitable ground
cover as approved by the Planning Board.
(3)
There shall be no vehicular access to any use established
in any OL-1 or OL-2 Zone from any street that primarily serves residential
neighborhoods and is not an arterial street.
(4)
The maximum size of an undivided building or a building
section which is offset from other building sections at least 20 feet
shall not exceed 80,000 square feet of building coverage.
(5)
More than one principal building may be constructed
in the OL-1 and OL-2 Zones, subject to all applicable regulations,
and with a minimum distance between the adjacent buildings equal to
the height of the taller of the two facing walls measured at the point
where the buildings are closest, but not less than 20 feet.
J.
Performance standards. Before the issuance of any
construction permit or certificate of occupancy for any construction,
alteration or conversion or use of any building, structure or land,
all of the following regulations shall be complied with:
(1)
Fire and explosion hazards. All activities shall be
carried on only as permitted and regulated by the laws of the United
States of America and the State of New Jersey in structures which
conform to the standards of the National Board of Fire Underwriters'
Laboratories, Inc., or Borough of Mountain Lakes ordinances, whichever
are more restrictive. All operations shall be carried on, and explosive
raw materials, fuels, liquids and finished products stored, in accordance
with the standards of such Underwriters' Laboratories, Inc. Buildings,
if required by ordinance, shall be equipped with automatic sprinklers
which conform to the standards of the Underwriters' Laboratories,
Inc.
(2)
Radiation. Any industrial or other operations or processes
involving any form of radioactive materials, radioactivity or microwave
and other electric radiations shall be conducted in accordance with
the New Jersey Radiation Protection Act and Code, performance standards
in the National Health and Safety Act of 1968 and other applicable
state and federal regulations as administered by the Bureau of Radiation
Protection, New Jersey Department of Environmental Protection and
related health agencies.
(3)
Smoke, fumes, gases, dust and odors.
(a)
There shall be no emission of any smoke, fumes,
gas, dust or odors, except in accordance with the standards established
in and by the New Jersey Air Pollution Code. These and any other atmospheric
pollutants as regulated in the New Jersey Air Pollution Control Code
are prohibited.
(b)
Odorous matter released from any operation or
activity shall not exceed the odor threshold concentration beyond
the lot lines, measured either at ground level or habitable elevation
in accordance with the Standard Method for Measurement of Odor in
Atmosphere (dilution method), 1972 Annual Book of the American Society
Testing and Materials, Philadelphia, Pennsylvania.
(4)
Vibration. There shall be no vibration other than
noise which is discernible to the human sense of hearing beyond the
immediate site on which such use is conducted.
(5)
Noise.
(a)
There shall be no noise created on any property
which may result in sound in excess of the standards listed below
when measured at any point on the property line of the lot on which
the use or source of sound is located, unless a variance is granted
by the appropriate approving authority:
(b)
Measurement of sound level shall be in accordance
with the provisions of N.J.A.C. 7:29-1.1 et seq., which is hereby
adopted by reference.
(c)
Compliance with these requirements is subject
to review by a professional chosen by the Planning Board as needed.
(6)
Petroleum storage. Any storage of petroleum products
shall meet all applicable federal, state and local state codes.
[Amended 9-14-2015 by Ord. No. 08-15]
K.
Accessory uses.
(1)
All accessory uses shall be included in computing
maximum improved lot coverage.
(2)
No accessory structure or improvement shall be erected
or constructed unless and until:
(3)
No accessory structure or improvement shall be used
or occupied unless and until:
(4)
No accessory use, structure or improvement shall be
permitted unless it is located upon the same lot as the main use or
structure to which it is accessory; provided, however, that access
driveways and/or parking facilities to serve uses within the R-AH
Zone shall be permitted on any adjacent lot located in the R-A Zone,
subject to Planning Board review and approval.
(5)
No accessory structure or improvement shall be located within the area of the front, side or rear yard setback requirements, except for a retaining wall as defined, a fence in accordance with Subsection P, or parking as provided in Schedule II.[2]
[2]
Editor's Note: Schedule II is included at the end of this chapter.
(6)
When any accessory structure is attached to the principal
building, it shall be considered a part of such building and as such
shall comply with all regulations applicable to the principal building.
(7)
No fence or other accessory structure shall be located
closer to a street line than the principal building on the lot. Any
accessory structure located within 10 feet of the principal building
shall be considered part of such building.
(8)
No private garage or other structure accessory to
a dwelling in a residence zone shall be used or occupied for housing
of persons or animals and shall be used only for the storage of automobiles,
recreational vehicles, trailers, boats, and other household personal
property owned by residents of the dwelling unless otherwise prohibited
or regulated by ordinance or other applicable law.
[Amended 6-23-2003 by Ord. No. 09-03]
L.
Off-street parking.
(1)
Off-street parking shall be provided in accordance
with the accompanying Schedules II and III.[3] If any applicant can clearly demonstrate to the Planning
Board that, because of the nature of his operation or use, the parking
requirements of this section are unnecessary or excessive, the Planning
Board shall have the power to approve a site plan showing less paved
area for parking than is required by this section; provided that a
landscaped area of sufficient size to meet the deficiency shall be
set aside and reserved for the purpose of meeting future off-street
parking requirements in the event that a change of use of the premises
shall make such additional off-street parking spaces necessary.
[3]
Editor's Note: Schedules II and III are included
at the end of this chapter.
(2)
The requirements for uses not listed in Schedule III
shall be the same as for the most similar use which is listed. For
mixed uses, the requirement shall be the total of the requirements
for each use computed separately.
(3)
Off-street parking facilities shall be provided on
the same lot as the building to which they are accessory unless during
site plan review and approval the Planning Board approves a convenient
nearby location as an alternate.
(4)
The minimum dimensions of an off-street parking space
shall be a rectangle 18 feet in length and 10 feet in width, except
that the Planning Board may reduce the required width to not less
than 8 1/2 feet when the proposed use warrants. The aisle width
shall be as follows:
|
Parking Angle
(degrees)
|
Minimum Aisle Width
(feet)
| |
|---|---|---|
|
30º
|
12
| |
|
45º
|
13
| |
|
60º
|
18
| |
|
90º
|
24
|
(5)
Off-street parking spaces for residential lots may
include garage areas as well as separate outdoor parking areas and
driveways. Such spaces and driveways need not all have separate access
but shall be distinctly delineated and maintained for the purpose
and shall have a firm surface.
(6)
Off-street parking facilities for other than residential
use shall be paved, drained, lighted and maintained in accordance
with all pertinent Borough ordinances and regulations, and shall be
arranged for convenient access and safety of pedestrians and vehicles
subject to exceptions in cases of home occupations if approved by
the Planning Board. Such facilities shall not be used for storage
or other unrelated purposes.
(7)
Off-street parking facilities for other than residential
use which are visible from a public street shall be screened from
the street by planting or other means approved by the Planning Board.
(8)
In approving a site plan, the Planning Board may:
(a)
Increase the required minimum off-street parking
requirement, based upon reasonable expectations as to the number of
automobiles that a particular use may attract; and
(b)
Impose a maximum limitation on the number of
off-street parking spaces based on the nature and character of the
area in which the premises are located.
(9)
In no case shall there be kept in the open for more
than 30 days any vehicle which cannot be operated on a public highway
by reason of legal, mechanical or other restrictions.
M.
Recreational vehicles.
(1)
For the purpose of this subsection, the term "recreational
vehicle" shall mean a boat; a boat or any other vehicle mounted on
a trailer; an automobile trailer not affixed to a foundation; a non-self-propelled
or self-propelled house trailer, camper or motorized home so constructed
as to permit the occupancy thereof as a dwelling or sleeping place
for one or more persons and having no foundations other than wheels,
skids, jacks, or other similar device integral with or portable by
such recreational vehicle.
(2)
No recreational vehicle shall be stored or parked in any zone, or in and on any premises in any zone, except in accordance with, and as may be permitted by, Subsection M(3), (4) and (5) herein and provided that any such recreational vehicle shall not be used as living quarters while stored or parked.
(3)
Any recreational vehicle may be stored or parked as
follows:
(4)
In addition to the provisions of Subsection M(3) above, any recreational vehicle which is 20 feet or less in length, excluding the hitch in case of trailers, and five feet or less in height, excluding the mast in case of boats, may be stored or parked as follows:
(a)
Where the side yard of any premises is, or exceeds,
15 feet, then to the rear of the front setback line of the main building
on the premises.
(b)
Where the side yard of any premises is less
than 15 feet, then to the rear of the main building on the premises.
(c)
Temporarily in the driveway of a resident owner
of any premises by a guest of the resident provided that only one
such vehicle is so parked at one time and that all such parking at
any one premises shall not exceed 21 days in any one calendar year.
(5)
In addition to the provisions of Subsection M(3) above, any recreational vehicle which is 20 feet or less in length, excluding the hitch in case of trailers, and nine feet or less in height but more than five feet, excluding the mast, in the case of boats, may be stored or parked as follows:
(a)
In such a location on the premises, and to the
rear of the front setback line of the main building on the premises,
where the vehicle is or can be effectively screened, by natural vegetation
if possible consisting of trees, shrubs or other plant life, from
view from neighboring areas to the end that the vehicle as stored
and parked on the premises shall not be clearly visible either from
the street or from adjoining properties; provided that no vehicle
shall be so stored or parked unless and until the Planning Board has
approved both the proposed location and the actual or proposed screening
of the vehicle on the premises. Any person desiring to so store or
park a vehicle on premises shall submit a location and screening plan
to the Planning Board for its review, consideration and approval.
The Planning Board may modify such plan, require additional or substitute
screening, and generally take such action as may be necessary to implement
the foregoing. Without limitation, the Planning Board may also eliminate,
reduce or modify any possible requirement of additional screening
in the event that topographical or other natural features render unnecessary
the planting of additional natural vegetation to implement the foregoing.
(b)
Temporarily in the driveway of a resident owner
of any premises by a guest of the resident, provided that only one
such vehicle is so parked at one time and that all such parking at
any one premises shall not exceed 21 days in any one calendar year.
N.
Like buildings.
(1)
No construction permit shall be issued for the erection
of any building for occupancy as a dwelling if it is like or substantially
like any neighboring building then in existence, or for which a building
permit has been issued, in more than three of the following six respects:
(a)
Height of the main roof ridge, or, in the case
of a building with a flat roof, the highest point of the roof beams,
above the elevation of the first floor.
(b)
Height of the main roof ridge above the top
of the plate; all flat roofs shall be deemed identical in this dimension.
(c)
Length of the main roof ridge, or, in the case
of a building with a flat roof, length of the main roof.
(d)
Width between outside walls at the ends of the
building measured under the main roof at right angles to the length
thereof.
(e)
Relative location of windows in the front elevation
or in each of both side elevations with respect to each other and
with respect to any door, chimney, porch, or attached garage in the
same elevation.
(f)
In the front elevation both:
[1]
Relative location with respect to each other
of garage, if attached, porch, if any, and the remainder of the building;
and
[2]
Either the height of any portion of the building
located outside the limits of the main roof, measured from the elevation
of the first floor to the roof ridge, or, in the case of a flat roof,
the highest point of the roof beams; or the width of such portion
of the building, if it has a gable in the front elevation, otherwise
length of the roof ridge or the flat roof in the front elevation.
(2)
Buildings shall be deemed to be like each other in
any dimension with respect to which the difference between them is
not more than two feet. Buildings between which the only difference
in relative location of elements is end to end or side to side reversal
of elements shall be deemed to be like each other in relative location
of such elements. In relation to the premises with respect to which
the permit is sought, a building shall be deemed to be a neighboring
building if the lot upon which it or any part of it has been or will
be erected is any one of the following lots, as shown on the Tax Map
of the Borough:
(a)
Any lot on the street, upon which the building
to be erected on such premises would front, which is the first or
the second lot next along such street in either direction from the
premises, without regard to intervening street lines;
(b)
Any lot on any part of the street line frontage of which is across the street from such premises or from a lot referred to in Subsection N(2)(a) above;
(c)
Any lot on any part of the street line frontage
of which faces the end of, and is within the width of, such street,
if there are fewer than two lots between the premises and the end
of the street;
(d)
Any lot on another street which adjoins such
premises on such other street; or
(e)
Any lot on any part of the street line frontage of which is across such other street from the premises or from a lot referred to in Subsection N(2)(d) above, provided that, notwithstanding any of the foregoing provisions of this section, no building shall be deemed to be a neighboring building in relation to the premises if its rear elevation faces the street upon which the building to be erected on the premises would front.
O.
Number of principal buildings. Except as provided
in OL Zones, only one principal building may be erected on any one
lot.
P.
Fences.
(2)
In residential zones:
[Amended 11-9-2009 by Ord. No. 15-09]
(a)
No fence is permitted in a front yard.
[1]
Exception to no fences in front yard.
[a]
Freestanding stone walls, using natural fieldstone and mortar,
are permitted to a maximum height of 30 inches from finished grade.
Stone piers not exceeding 24 inches by 24 inches by four feet zero
inches high are permissible to act as anchors at the end of freestanding
stone walls or can stand alone with no wall.
[b]
The natural fieldstone walls and piers are to be consistent
with the general appearance of stone walls in the Borough of Mountain
Lakes, installed on footings to meet minimum depth requirements for
a structurally sound, freestanding wall.
(b)
In rear or side yards, the only fences permitted
are:
[1]
A fence of durable material and of workmanlike construction, not
more than six feet in height and conforming to setback requirements.
Materials subject to sagging, warping or other distortion under normal
usage shall not be considered as durable for the purposes of this
subsection.
[2]
A swimming pool fence of a minimum height of four feet conforming
to all state requirements and to all setback requirements.
(3)
Fences around areas to be used solely to compost vegetation.
These may be of wire construction suitable for the purpose and do
not need to conform to setback requirements, but shall not exceed
four feet in height, eight feet in length on any side or 64 square
feet in area, nor encompass more than two areas.
(4)
Fences to protect gardening areas during growing and harvesting seasons. These may be of wire construction suitable for the purpose, but shall meet the other requirements of Subsection P(2)(b)[1] above.
(5)
Fences on lakefront property to protect against intrusion
by geese and other unwanted waterfowl. Fences shall not exceed 24
inches in height, shall be of green wire, shall be temporary in nature
except if part of a hedgerow, shall not be permanently anchored and
shall be readily removable.
Q.
Dish antennas.
(1)
In residential zones, a dish antenna shall be permitted
under the following conditions:
(a)
It shall be only on a lot that contains a principal
structure.
(b)
It shall be designed for use by the residents
of the principal structure only, except where the townhouse option
has been elected.
(c)
In the Residential RC-3 Zone where the townhouse
option has been elected, only one dish antenna for common use is permitted
per block of common wall houses. All other residential zone regulations
apply.
(d)
No lot may contain more than one dish antenna.
(e)
Only a receiving dish antenna is permitted.
(f)
A construction permit is required for any antenna
installation. The fee shall be as specified in § 111-3B
of this Code.
(g)
A ground-mounted dish antenna is permitted as
an accessory use, subject to the following regulations:
[1]
A dish antenna may be located only in a rear
yard and shall meet all setback requirements.
[2]
Any such antenna shall be a freestanding structure
mounted on and attached to the ground by a concrete pad.
[3]
No dish antenna shall have a diameter exceeding
six feet nor extend above the ground more than eight feet.
[4]
An antenna shall be made only of black or gray
mesh.
[5]
Every dish antenna shall be screened by evergreen
plantings in order to minimize to the greatest extent possible noise
and visibility from any adjacent property or street. Screening shall
not be required to the southwest. Plantings may be waived if natural
terrain and landscaping provide adequate screening. The five-year
growth potential of any evergreen plantings to be used shall be considered
when determining acceptable spacing and heights of such plantings.
[6]
Power control and signal cables to or from the
antenna shall be underground cable complying with applicable code
requirements.
(2)
In Business Zones A and B and in OL-1 and OL-2 Zones,
a dish antenna, for receiving purposes only, shall be permitted as
a conditional use, subject to Planning Board regulation, to ensure
aesthetics and safety provisions compatible with the standards of
the community.
R.
Conservation zone regulations. No permanent building
or structure shall be erected in a conservation zone except those
structures deemed necessary by the Borough Council for recreational
or environmental purposes or for the maintenance of the area.
S.
Child-care centers. Child-care centers shall be licensed
under the New Jersey Child Care Center Licensing Law, N.J.S.A. 30:5B-1
et seq., and/or any other statutes and regulations as may from time
to time apply.
T.
Storage of solid waste and recyclable items. Solid
waste and recyclable items from all uses other than single-family
homes, if stored outdoors, shall be placed in metal or plastic receptacles
within a screened refuse area subject to the following minimum standards:
(1)
The screened refuse area shall not be located within
any front yard.
(2)
The area shall be surrounded by a fence or wall suitably
landscaped to provide screening of the view of refuse from adjoining
properties or public streets. Any such fence shall be exempt from
the provisions of any Mountain Lakes ordinance regulating fences,
except that no such fence shall exceed 10 feet in height.
(3)
Design for screening of the refuse area shall be subject
to the approval of the Construction Official.
(4)
In any site plan, if outdoor storage is not proposed,
the methods proposed for accommodating solid waste and recyclables
within the structure shall be detailed on the plan. The Planning Board
may require that a suitable outdoor area be set aside, but not improved,
for a future refuse storage area.
U.
Wireless telecommunications facilities. Wireless telecommunications facilities are permitted in all zones as a conditional use as regulated by § 245-16 and as provided herein:
[Added 7-23-2001 by Ord. No. 09-01]
(1)
Anything herein notwithstanding, a wireless telecommunications facility may exceed the area, height and yard requirements of the district in which it is located, provided that it shall satisfy the requirements of a conditional use as set forth in § 245-16 and the requirements and conditions as follows:
(a)
Height.
[1]
Where permitted, wireless telecommunications
towers and antennas may exceed the maximum building height limitations,
provided that the height has minimal visual impact and is no greater
than required to achieve service area requirements and potential collocation
within the Borough of Mountain Lakes.
[2]
Wireless telecommunications equipment facilities
shall be subject to the minimum height restrictions of the zoning
district in which they are located.
V.
Emergency generators. Generators for use during power outages on
an emergency basis are permitted in all zones subject to the following
conditions:
[Added 11-28-2011 by Ord. No. 08-11]
(1)
Units must be installed in conformity with the property setbacks
for the appropriate zone for the principle structure.
(2)
The sound output for the unit cannot exceed 70 db at 23 feet from
the unit.
(3)
An improved lot coverage calculation is required for units installed
on a pad over 12 square feet.
(4)
Units installed in the front yard shall be surrounded by landscape
screening.
W.
Cannabis establishments and uses prohibited. The operation of all
classes of cannabis establishments as defined by P.L. 2021, c. 16,[4] including, but not limited to, cannabis retailers, cultivators,
manufacturers, distributors, wholesalers, testing facilities, delivery
services, medical cannabis dispensaries, alternative cannabis treatment
centers, including such operators holding a medical cannabis dispensary
permit pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-7), are expressly
prohibited uses within the jurisdictional boundaries of the Borough
of Mountain Lakes.
[Added 6-28-2021 by Ord. No. 11-21]
[4]
Editor's Note: See N.J.S.A. 24:6I–31 et seq.
[Amended by Ord. No. 9-82; Ord. No. 10-85;
Ord. No. 6A-86; Ord. No. 14-92]
A.
General provisions.
(1)
A conditional use in a particular zone may be permitted
by the Planning Board only after it has determined that the development
proposal complies with the conditions and standards set forth in this
chapter for the location and operation of such use and is found to
be in harmony with the general purposes and intents of this chapter.
(2)
A permit for a conditional use may be recommended
or granted subject to such additional conditions and safeguards as
may be deemed to be advisable and appropriate by the Planning Board.
B.
Home occupations.
(1)
The provisions of this section apply to a home occupation as a conditional use, as defined in § 245-7C.
(2)
A sketch plan shall be submitted for Planning Board
review. It shall be done to scale, with sufficient accuracy to permit
discussion, and shall include lot frontage and depth, the location
of all buildings, delineation of parking spaces, and name and location
of all contiguous property owners. A general outline of the location
of the work area shall be indicated either on the plan or in writing.
In the event of any proposed alteration to any structure upon the
premises which would change its residential character, or any proposed
violation of any requirement of this section or of Schedule III,[1] a site plan shall be required.
[1]
Editor's Note: Schedule III is included at the end of this chapter.
(3)
Conditional home occupations shall be subject to the
following regulations:
(a)
The principal use of the property must be as
a residence, with the amount of the property used for the home occupation
limited to a maximum of 500 square feet or 1/3 of the square
footage of all buildings on the property, whichever is smaller.
(b)
The principal professional of any accessory
home occupation shall reside on the premises.
(c)
No home occupation employing more than two nonresident
individuals shall use the premises as a place of business.
(d)
No home occupation shall use the premises as
a place of business if its operation will require parking for more
than three cars. See also Schedule III for parking provisions for
home occupations.
(e)
No sign or other external evidence of the home occupation shall be permitted, except for an identification sign in accordance with § 245-17.
(f)
It is the intent of this section that the residential
character of buildings in residential zones be retained. No use or
external modification to buildings and/or grounds that would violate
this intent shall be permitted.
C.
Clubs. Clubs shall be subject to the following regulations:
D.
Philanthropic or eleemosynary uses or institutions.
Philanthropic or eleemosynary uses or institutions shall be subject
to the following regulations:
(1)
Minimum size of lot: four acres.
(2)
Minimum width of lot: 400 feet.
(3)
Two side yards, minimum width each: 100 feet.
(4)
Minimum depth, front yard: 100 feet.
(5)
Minimum depth, rear yard: 100 feet.
(6)
Maximum building height: two stories but not more
than 35 feet.
(7)
The lot shall be landscaped so as to be in harmony
with the character of the neighborhood. All service areas, off-street
parking areas, accessory buildings, open terraces and walks shall
be suitably screened.
E.
F.
Cluster development.
(1)
Criteria for cluster development.
(a)
Cluster development shall be permitted as a
conditional use in the Residential Zones RC-1, RC-2 and RC-3 only.
(b)
The minimum tract size shall be eight acres.
[Amended 8-21-2006 by Ord. No. 19-06]
(c)
The housing type shall be the same as permitted
in the zone.
(d)
The maximum number of lots to be permitted shall
be arrived at by the applicant's submitting a sketch plat showing
a conventional subdivision with the minimum lot sizes as indicated
for each zone in Schedule I[2] and with proper consideration given to the requirements in Chapters 102 and 208 as well as the steep slope requirements and other applicable requirements in this chapter.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
(e)
The minimum lot sizes in a cluster development
shall be 15,000 square feet for the RC-1 Zone, 10,000 square feet
for the RC-2 Zone and a size that meets the requirement of a maximum
of four dwelling units per acre in the areas to be developed in the
RC-3 Zone.
(f)
The minimum setbacks shall be as shown in Schedule
I for the respective zones, except as permitted under the zero lot
line option.
(g)
The amount of open space shall be at least 20%
of the total tract size but no less than two acres.
(2)
Procedures for cluster development.
(a)
An application for a cluster development shall be accompanied by sketch plats showing a conventional subdivision and the proposed cluster development option indicating in general the plan and the area to be retained in open space or used for other common or municipal purposes. (See also § 208-7A).
(b)
If, in the opinion of the Planning Board, the clustering option will assist in the achieving of the objectives in the Master Plan and the land use chapters, then the Planning Board shall request a tentative approval from the Borough Council that the open space resulting from the cluster development be accepted by the Borough. If, however, the Borough Council finds that it would not be in the best interest of the Borough to accept the open space as public open space, then the Planning Board may permit the applicant to submit a clustering plan with common open space in accordance with Subsection F(4)(b) below.
(c)
The procedures for preliminary and final plats
for clustering developments shall be the same as required for major
subdivisions in these land use chapters.
(3)
Location and use of open space. The Planning Board
shall have full authority to approve or disapprove the locations and
proposed uses of open space. Lands required to be dedicated shall
be so located as to meet the needs of open spaces, parks, playgrounds,
rights-of-way and preservation areas protecting major streams and
open drainageways, buffer areas and other environmental features,
or to provide additional neighborhood area for recreational or school
purposes.
(4)
Disposition of open space.
(a)
Dedicated open space shall be deeded free and
clear of all mortgages and encumbrances to the Borough, if the Borough
Council accepts the land as public open space.
(b)
Open space areas may, if the Planning Board
and the Borough Council agree, be deeded free and clear of any encumbrances
to a permanent property owner's association or cooperative for its
use, control and management for common open space or common recreational
use and providing appropriate restrictions to assure the effectuation
of the purpose of this section. Such organization shall meet the following
standards, to be written into the articles of incorporation or bylaws:
[1]
It shall not be dissolved and shall not dispose
of any open space, by sale or otherwise, without first offering to
dedicate the same to the Borough. If the Borough refuses the offer,
the open space may then be disposed of only to another organization
conceived and established to own and maintain the open space for the
benefit of such development.
[2]
Failure to maintain.
[a]
In the event that such organization
fails to maintain the open space in reasonable order and condition,
the Borough may serve written notice upon such organization or upon
the owners of the development, setting forth the manner in which the
organization has failed to maintain the open space in reasonable condition.
Such notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof and shall state the date and place
of a hearing thereon, which shall be held within 15 days of the notice.
At such hearing the Borough may modify the terms of the original notice
as to deficiencies and may give a reasonable extension of time, not
to exceed 65 days, within which they shall be cured. If the deficiencies
set forth in the original notice or in the modification thereof are
not cured within the specified 35 days, or any permitted extension
thereof, the Borough, in order to preserve the open space and maintain
the same for a period of one year, may enter upon and maintain such
land.
[b]
Before the expiration of the year,
the Planning Board shall, upon its initiative or upon the request
of the organization theretofore responsible for the maintenance of
the open space, call a public hearing upon 15 days' written notice
to such organization and to the owners of the development, to be held
by the Planning Board, at which hearing such organization and the
owners of the development shall show cause why such maintenance by
the Borough shall not, at the election of the Borough, continue for
a succeeding year. If the Borough determines that such organization
is ready and able to maintain such open space in reasonable condition,
the Borough shall cease to maintain the open space at the end of the
year.
[c]
If the Borough determines such
organization is not ready and able to maintain such open space in
a reasonable condition, the Borough may, in its discretion, continue
to maintain such open space during the next succeeding year, subject
to a similar hearing and determination in each year thereafter. The
decision of the Borough shall constitute a final administrative decision,
subject to judicial review.
[3]
The cost of such maintenance by the Borough
shall be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space, in accordance with
assessed value at the time of imposition of the lien, and shall become
a lien and tax on the properties and be added to and be a part of
the taxes to be levied and assessed thereon and shall be enforced
and collected with interest by the same officer and in the same manner
as other taxes.
G.
Zero lot lines options. Zero lot line (ZLL) design
is a permitted use and design option in RC-1, RC-2 and RC-3 Zones
subject to the conditions below:
(1)
A zero lot line development is here defined as a subdivision
where the principal buildings are placed at a setback distance of
one inch from parallel side lot lines.
(2)
A zero lot line development shall meet the following
conditions:
(a)
The lot adjacent to the zero setback side yard
shall be under the same ownership as the ZLL lot at the time of initial
construction and shall have the same size side yard toward the ZLL
lot as the larger side yard in the ZLL lot.
(b)
The side yard setback shall be either one inch
or 20 feet in a clustered RC-2 or RC-3 Zone and 40 feet in an RC-1
Zone or in a conventional RC-2 or RC-3 Zone.
(c)
The wall on the zero setback side shall be without
windows or other openings and shall be constructed of maintenance-free
masonry without projections over the property line.
(d)
The opposite side yard setback of not less than
10 feet shall be kept perpetually free of permanent obstructions.
(e)
A four-foot maintenance easement shall be created
along the zero setback wall.
(3)
The minimum lot width in a zero lot line development
may be reduced to 80 feet in an RC-3 Zone.
H.
Townhouse option in the RC-3 Zone. Townhouses in a
cluster development design shall be permitted as a conditional use
in the RC-3 Zone, subject to all applicable regulations in the land
use ordinances, a review by the Planning Board and the following conditions:
(1)
The minimum tract size shall be 10 acres.
(2)
The maximum number of dwelling units shall be determined
by the Planning Board, based on applicable criteria in the land use
ordinances, the site characteristics, environmental features and the
objective that the number of people and the traffic volumes as estimated
shall not exceed the corresponding numbers for a conventional development
as permitted on the same tract. The maximum number of dwelling units
shall not exceed 1.75 times the number of units allowed in a conventional
development.
(3)
The minimum amount of open space, as defined, excluding
dry surface water detention facilities, shall be at least 30% of the
total tract size, but no less than three acres.
(4)
The bulk requirements shall be determined by the Planning
Board, with consideration given to the environmental character of
the site and the neighborhood, the type of proposed housing, the overall
design of the development, the general health, safety and welfare
of the residents and the following guiding requirements:
(a)
The minimum lot size for any townhouse unit
shall be 2,250 square feet and the minimum average lot size shall
be 3,125 square feet.
(b)
The minimum width for any townhouse unit shall
be 18 feet and the minimum average unit width shall be 23 feet.
(c)
The minimum lot depth for any townhouse unit
shall be 125 feet.
(d)
The minimum front setback shall be 30 feet.
(e)
The minimum rear setback shall be 30 feet.
(f)
The minimum side setback of an end unit shall
be 20 feet, except that where an end unit abuts a street, the side
setback shall be 30 feet.
(g)
The maximum height shall be 2 1/2 stories,
but no greater than 35 feet.
(h)
The maximum number of dwelling units in any building shall be six, except that not more than two buildings may be permitted to contain eight dwelling units, provided that the total number of dwelling units does not exceed the maximum allowed in Subsection H(2).
(i)
Each pair of townhouse units shall be offset
from the adjacent pairs by at least five feet. Variation shall be
used in building plans for and in the construction of contiguous townhouse
dwelling units in terms of design so as to present reasonable and
aesthetically desirable variations in the elevation, location, design
and appearance of the units.
(k)
There shall be a forty-five-foot buffer along the boundaries of the tract to shield activities from the neighboring properties. This buffer shall include natural vegetation and landscaping, including evergreens, as determined by the Planning Board, and shall be designated open space as in Subsection F(2).
(l)
Parking shall be provided with at least 2.4
parking spaces per townhouse unit. Two parking spaces shall be provided
on each townhouse lot, one of which shall be in a garage and the remainder
in other off-street locations such as the driveway. The Planning Board
shall have the power to approve a site plan showing less paved area
for parking than is required by this section, provided that a landscaped
area of sufficient size to meet the deficiency shall be set aside
and reserved to meet future needs.
(m)
The right-of-way and pavement widths for streets
shall be determined by the Planning Board so as not to create excessive
pavement or unnecessary removal of vegetation.
(n)
No addition or extension may be constructed
on the outside of the original building, except for a patio or deck
in the rear yard, no greater in depth than 15 feet, measured from
the wall of the building. Such patio or deck may encroach five feet
into the rear setback. A property divider accompanying a patio or
deck for the purposes of privacy may not encroach upon the setback.
(5)
Each tract in an RC-3 Zone shall have access to the
surrounding road system at two locations. One of these two locations
shall be for emergency access only.
(6)
Walkways and bikeways shall be provided to create
interior connections to other neighborhoods and shall be constructed
as required by the Planning Board based upon recommendations from
other concerned public bodies.
(7)
A homeowners' association, with bylaws approved by
the Planning Board and the Council, shall be formed to handle matters
of common interest to the homeowners, such as the appearance and maintenance
of grounds and buildings. The Borough and the homeowners' association
shall have all the powers and duties prescribed in N.J.S.A. 40:55D-43.
I.
Wireless telecommunications facilities.
[Added 7-23-2001 by Ord. No. 09-01]
(1)
Location priority. Upon showing that a wireless telecommunications
facility is needed for the provision of adequate service in the Borough
of Mountain Lakes, said facility shall be permitted as a conditional
use at the following prioritized locations:
(a)
The first priority location shall be collocation
on existing wireless telecommunications facilities;
(b)
The second priority location shall be on existing
structures owned by the Borough of Mountain Lakes, with the consent
of the Borough, and if a structure is not suitable or available, lands
owned by the Borough of Mountain Lakes, with the consent of the Borough;
(c)
The third priority location shall be on lands
located in the B Business Zone as identified in the Borough of Mountain
Lakes Zone Map but no closer to any residential zone or residential
use than 300 feet;
(d)
The fourth priority location shall be on lands
located in the OL-2 Office, Light Industrial Zone as identified in
the Borough of Mountain Lakes Zone Map, but no closer to any residential
zone or residential use than 300 feet; and
(e)
The fifth priority location shall be on lands
located in the OL-1, Office, Light Industrial Zone as identified in
the Borough of Mountain Lakes Zone Map, but no closer to any residential
zone or residential use than 300 feet.
(2)
If a wireless telecommunications provider seeks to
place a wireless telecommunications facility on a lot that is located
in a priority level other than the first priority location, the provider
must establish that the priority locations prioritized ahead of the
location in which the lot is located are either not available or not
suitable for the provision of adequate wireless telecommunications
services within the Borough of Mountain Lakes as provided in the Telecommunications
Act of 1966 (47 U.S.C. § 332).
(3)
Conditional use standards. All wireless telecommunications
facilities shall be located to minimize visual impacts on the surrounding
area in accordance with the following standards. In applying these
standards, locations in a higher priority category under Subsection
U(1) shall be deemed more acceptable than lower priority sites.
(a)
Sites for wireless telecommunications facilities
must demonstrate that they provide the least visual impact on residential
areas and public ways. All potential visual impacts must be analyzed
to illustrate that the selected site provides the best opportunity
to minimize the visual impact of the proposed facility.
[1]
Wireless telecommunications equipment facilities
should be located to avoid being visually solitary or prominent when
viewed from residential areas and the public way. The facility should
be obscured by vegetation, tree cover, topographic features and/or
other structures to the maximum extent feasible.
[2]
Wireless telecommunications facilities shall
be placed to ensure that historically significant structures, viewscapes,
streetscapes and landscapes are protected. The views from architecturally
and/or historically significant structures should not be impaired
or diminished by the placement of telecommunications facilities.
(4)
Site design standards.
(a)
Collocation. Any ordinance limitation on the
number of structures on a lot shall apply except for wireless telecommunications
facilities located on a lot with buildings or structures already located
on it.
(b)
Security fencing. Wireless telecommunications
facilities shall be enclosed by security fencing not less than six
feet in height and shall be equipped with appropriate anti-climbing
devices. Additional safety devices shall be permitted or required
as needed by the Planning Board.
(c)
Landscaping. Landscaping shall be provided along
the perimeter of the security fence to provide a visual screen or
buffer for adjoining private properties and public right-of-way. Required
front yard setback areas shall be landscaped. All wireless telecommunications
equipment facilities shall be screened by an evergreen hedge eight
to 10 feet in height at planting time.
(d)
Signs. Signs shall not be permitted except for
a single sign displaying owner contact information, warnings, equipment
information and safety instructions. Such signs shall not exceed two
square feet in area. No commercial advertising shall be permitted.
Only the minimum number of signs shall be permitted.
(e)
Color. Wireless telecommunications facilities
shall be of a color appropriate to the tower's locational context
and to make it as unobtrusive as possible, unless otherwise required
by the Federal Aviation Administration.
(f)
Dish antennas. Dish antennas shall be colored,
camouflaged or screened to make them as unobtrusive as possible, and
in no case shall the diameter of a dish antenna be in excess of that
which is reasonably needed for the intended purpose but in no event
in excess of six feet.
(g)
Lighting. No lighting is permitted except as
follows:
[1]
Wireless telecommunications equipment facilities
enclosing electronic equipment may have security and safety lighting
at the entrance, provided that the light is attached to the facility,
is focused downward and is on timing devices and/or sensors so that
the light is turned off when not needed for safety or security purposes;
and
[2]
No lighting is permitted on a wireless telecommunications
tower except lighting that specifically is required by the Federal
Aviation Administration, and any such required lighting shall be focused
and shielded to the greatest extent possible so as not to project
towards adjacent and nearby properties.
(h)
Monopole. Any proposed new telecommunications
tower shall be a "monopole" unless the applicant can demonstrate that
a different type pole is necessary for the collocation of additional
antennas on the tower. Such towers must employ camouflage technology
to the greatest extent feasible and as agreed to by the Borough.
(i)
Noise. No equipment shall be operated so as
to produce noise in excess of the limits set by the local noise ordinance,
except for in emergency situations requiring the use of a backup generator.
(j)
Radio frequency emissions. Applicants shall
provide current FCC information concerning wireless telecommunications
facilities and radio frequency emission standards. Wireless telecommunications
facilities shall be required to provide information on the projected
power density of the proposed facility and how this meets the FCC
standards.
(k)
Structural integrity. Wireless telecommunications
facilities must be constructed to the Electronic Industries Association/Telecommunications
Industries Association 222 Revision F Standard entitled "Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures"
(or equivalent), as it may be updated or amended.
(l)
Maintenance. Wireless telecommunications facilities
shall be maintained to assure their continued structural integrity
and site plan, which includes landscaping. The owner of the wireless
telecommunications facility shall also perform such other maintenance
of the structure and of the site as to assure that it does not create
a visual nuisance.
(m)
Interference. Interference studies must be conducted
to insure local emergency R/Frequency transmissions are not interfered
with.
(n)
Quarterly report. A quarterly maintenance report
is required to the Borough Building Inspector indicating maintenance
and ownership.
(5)
Collocation policy.
(a)
The Municipal Engineer and the Borough Clerk/Administrator
shall maintain an inventory of existing wireless telecommunications
facilities locations within and near the Borough of Mountain Lakes.
(b)
An applicant proposing a wireless telecommunications
facility at a new location shall demonstrate that it made a reasonable
attempt to find a collocation site acceptable to engineering standards
and that none was practical or economically feasible.
(c)
Each application shall include a site location
alternative analysis describing the location of other sites considered,
the availability of those sites, the extent to which other sites do
or do not meet the provider's service or engineering needs and the
reason why the subject site was chosen. The analysis shall address
the following issues:
[1]
How the proposed location of the wireless telecommunications
facilities relates to the objective of providing adequate wireless
communications services within and near the Borough of Mountain Lakes;
[2]
How the proposed location of the proposed wireless
telecommunications facility relates to the location of any existing
antennas within and near the Borough of Mountain Lakes;
[3]
How the proposed location of the proposed wireless
telecommunications facility relates to the objective of collocating
the antennas of many different providers of wireless communications
services on the same wireless telecommunications facility; and
[4]
How its plan specifically relates to and is
coordinated with the needs of all other providers of wireless communications
services within and near the Borough of Mountain Lakes.
(d)
The Planning Board or Board of Adjustment may
retain technical consultants as it deems necessary to provide assistance
in the review of the site location alternatives analysis; the service
provider shall bear the reasonable cost associated with such consultation,
which cost shall be deposited in escrow.
(6)
Removal of abandoned wireless telecommunications facilities.
Any wireless telecommunications facility that has not operated for
a continuous period of 12 months shall be considered abandoned. If
there are two or more users of a single wireless telecommunications
facility, then the abandonment shall not become effective until all
users cease using the wireless telecommunications facility for a continuous
period of 12 months. Unless the Council of the Borough of Mountain
Lakes shall authorize continuance of an antenna on terms acceptable
to the Council, the owner of the property shall remove same within
90 days of notice from the Zoning Officer that the wireless telecommunications
facility is abandoned. If such wireless telecommunications facility
is not removed within said 90 days, the Borough of Mountain Lakes
may remove such wireless telecommunications facility at the owner's
expense. If the facility is to be retained, the provider(s) shall
establish that the facility will be reused within one year of such
discontinuance. If a facility is not reused within one year, a demolition
permit shall be obtained and the facility removed. At the discretion
of the Zoning Officer, upon good cause shown, the one-year reuse period
may be extended for a period not to exceed one additional year.
J.
Assisted living facility (see also § 245-9.2).
[Added 10-8-2018 by Ord.
No. 6-18]
(1)
Shall not limit residence to persons of a certain age.
(2)
Ten percent of the total bed compliment shall be set aside as affordable
Medicaid beds, which meet the criteria of N.J.A.C 5:93-5.16.
(3)
Dwellings constructed for low- and moderate-income households shall be governed by thirty-year deed restrictions (see N.J.A.C 5:93-5.16) ensuring long-term affordability controls in accordance with Article VI of this chapter.
(4)
The development, unit distribution and marketing of all housing constructed for low- and moderate-income households shall be undertaken consistent with the rules and regulations of the New Jersey Uniform Housing Affordability Controls, the provisions of Article VI of this chapter, and N.J.A.C. 5:93-5.16, as may be applicable.
(5)
Site design conditions.
(a)
A buffer measuring 125 feet deep shall be provided within this
zone. It will be along the lot line that abuts the RC-3 Residential
Zone. Within the 125 feet, a one-hundred-foot planted buffer of trees
shall be provided along with a twenty-five-foot roadway.
(b)
Density shall be 15.5 dwelling units per gross acre with a maximum
of 90 units; however, in no event shall the total number of beds exceed
120.
(c)
A tree survey, tree preservation plan and an arborist on-site during the construction period. The tree preservation plan shall be developed in consultation with the Shade Tree Commission and designed to assure that all construction meets the intent of Chapter 102, Article VII, of the Mountain Lakes Preservation and Protection of Trees Code to the maximum extent practicable.
(d)
All new structures shall be set-back a minimum of 150 feet (inclusive
of minimum yard set-backs for R-AH3 District) from any adjacent parcels
located in a residential district.
(e)
Site and a building light shall conform to the following:
[1]
All lighting fixtures must be shielded and conform to the International
Dark-Sky Association;
[2]
Maximum mounting height of all lighting fixtures shall be 12
feet;
[3]
No flashing, laser, searchlight, strobe, tracing, pulsating,
or neon exterior lighting is permitted; and
[4]
The illumination generated by all site and building lighting
shall be minimized (recommended maximum of 0.5 footcandles or as determined
to be appropriate by the Planning Board as part of site plan review).
[Amended by Ord. No. 15-82; Ord. No. 4-88;
Ord. No. 10-91; Ord. No. 11-96]
A.
Purpose. The design, construction, location and maintenance
of all signs in the Borough shall be regulated and controlled as provided
for in this subsection.
B.
BULLETIN BOARD
BUSINESS SIGN
CONSTRUCTION SIGN
CONTRACTOR'S SIGN
FREESTANDING SIGN
GENERAL ADVERTISING SIGN
IDENTIFICATION SIGN
ILLUMINATED SIGN
PERMANENT SIGN
PROJECTING SIGN
REAL ESTATE SIGN
ROOF SIGN
SIGN AREA MEASUREMENT
TEMPORARY SIGN
WALL SIGN
WINDOW SIGN
WIND SIGN
Definitions. The following words in this subsection shall be defined as follows (see also § 40-3):
An outdoor structure containing a surface upon which may
be displayed the name of a park, church, school, library, community
center or similar institution or facility and the announcement of
the services or activities thereof or thereon.
A sign which advertises the business or businesses conducted,
the commodities manufactured, produced or sold or the services rendered
upon or from the premises upon which such sign is located.
A sign identifying the person, firm or business directly
connected with a construction or remodeling project in all zones but
residential.
A sign in a residential zone identifying a contractor working
on the premises.
A sign which is supported by one or more uprights, poles
or braces in or upon the ground and which is not attached to a building.
A sign which advertises a business, product or service conducted,
sold or offered elsewhere than upon the premises upon which such sign
is located.
A sign which designates the name of the owner or occupant
of the premises upon which it is located or which identifies the premises;
this shall include nameplates.
A sign which is illuminated by means of light shining on
the surface of the sign or which is illuminated internally.
A sign which is affixed or otherwise attached to the property
or to a structural frame upon the premises and is intended to remain
there for other than a temporary period.
A sign, other than a wall sign, which is attached to the
exterior wall of a building and which extends beyond such exterior
wall.
A sign indicating that the property, premises or any portion
thereof on which it is located is for sale, lease or rent.
A sign that is mounted on or applied to the roof of a building
or which is wholly dependent upon a building for support and which
projects above the roofline of a building with a flat roof, or above
the eave line of a building with a gambrel, gable, hip, mansard or
other non-flat roof.
The area of any sign shall be computed as the product of
the largest horizontal width and the largest vertical height of the
lettering, illustration, display, frame, background or combination
of these elements. This shall not be construed to include the supporting
members of any sign which are used solely for such purpose. For signs
with two display faces (back-to-back), the maximum area requirement
shall be permitted on each side.
A sign which is displayed for no more than 30 days.
A sign which is attached to and placed flat against any exterior
wall of a building or which is painted on any exterior wall of a building
and which does not extend above the lowest point of the roofline.
A sign which is attached to or painted on either the inside
or outside of an exterior window of a building or which is placed
or intended to have the advertising thereon viewed primarily outdoors
through an exterior window.
A sign which is not fully affixed to a building, structure
or other structural frame and which is intended to flap freely in
the open air.
C.
General regulations.
(1)
Permits.
(b)
Applications for a sign permit shall be made
to the Zoning Officer in writing. Applications shall contain the following:
proposed use, size, coloring, material, illumination, if any, wording,
a scale drawing showing the sign's design and relation to the building
and its location on the premises.
(c)
A fee shall be required with each application
except applications from the Board of Education or local government
bodies. The fee shall be as set forth in § 111-3B.
(d)
If the Zoning Officer, after checking and reviewing
the application and plans and specifications, determines that the
proposed sign or the proposed alteration or relocation thereof conforms
to all requirements of this subsection, he shall approve the application
and issue a permit.
(e)
The Zoning Officer may issue a permit for a
temporary wall, window or freestanding sign to be displayed for not
more than 30 days in any two-month period.
(2)
Limits. Signs shall be limited to indicate products,
services, uses or occupants of the premises on which they are located.
(3)
Construction and maintenance. All signs shall be neat,
constructed of durable materials and maintained at all times in safe
condition and good repair by the owner of the premises upon which
they are erected. The Zoning Officer may require necessary repair
and painting of any sign which has been neglected or require its removal.
(4)
Signs at intersections; interference with traffic
signs. No sign shall be located at or near any street, intersection
or driveway so as to create a traffic hazard by obstructing vision.
No sign shall be located, constructed or lighted so as to interfere
with or obstruct the view of any authorized traffic sign, signal or
device. No red, green or yellow sign shall be located where it might
be confused with a traffic signal.
(5)
Obstructions. No sign or sign structure shall be erected
in such a manner that any portion thereof will interfere with the
free use of any fire escape, exit or standpipe, or will obstruct or
block or cover any window except window signs.
(6)
Construction signs. No construction sign shall have
any moving parts or be constructed of any reflective material, and
no such sign shall be illuminated or exceed 20 square feet in area,
and no part of such sign shall be higher than six feet above finished
grade.
(7)
Bulletin boards. In any zone a single-faced bulletin
board not to exceed 18 square feet in area shall be permitted and
shall serve only to identify and announce the services and activities
of a park, public or parochial or independent school, library, church,
community center or other similar community facility or institution.
Such bulletin board shall be located on the site of the community
facility or institution, no closer than 10 feet to any street line
or any lot line, and no portion thereof shall be higher than six feet
above finished grade.
(8)
Wall and window signs. The total area of all wall
signs, including permanent window signs, shall not exceed 10% of the
wall area of the side of the building fronting on the street or 40
square feet, whichever is less. Temporary signs may be placed in windows
and may be in addition to the signs otherwise permitted on the premises.
(9)
Real estate signs. One unilluminated real estate sign
not more than 12 square feet in area in nonresidential zones and four
square feet in area in residential zones is permitted on the premises
to which it relates.
[Amended 3-24-2003 by Ord. No. 02-03]
(10)
Certain permitted signs. Political, religious
or other signs conveying statements which are within the protection,
of any provision of the Constitution of the United States shall be
permitted except that no such sign shall be greater than 12 square
feet, and shall otherwise conform to the provisions of this chapter.
(12)
Removal. After a use, advertised by a sign,
has been abandoned or terminated, the owner of the premises shall
be responsible for the immediate removal of such sign. If such sign
is not removed within 30 days after such abandonment or termination,
the Construction Official shall cause removal of such sign, and cost
of such removal shall be a lien on the premises.
D.
Permitted signs.
(1)
Residential zones.
(a)
Except as otherwise expressly provided in Subsection C, no sign other than those hereinafter provided in this section shall be permitted in any residential zone.
(b)
One single-faced personal identification sign
plate no larger than 50 square inches overall, which may be placed
on the wall of the building, shall be permitted.
(c)
(d)
For conditional home occupations, one single-faced
identification sign, which may also specify the service or profession,
not over two square feet in area, shall be permitted. Only one sign
per dwelling unit shall be permitted.
(e)
One bulletin board not over 18 square feet in
area shall be permitted for a community facility or institution.
(f)
Each contractor, while working on the premises,
shall be permitted one sign of not over six square feet in area.
(g)
No sign except property identification signs
shall be located closer than 10 feet to any front lot line or to any
residence lot line.
(h)
No portion of any freestanding sign shall be
more than six feet above finished grade.
(2)
Business zones.
(a)
General regulations.
[1]
The following signs shall be permitted on premises
in business zones: business signs, one real estate sign (freestanding
or wall), one construction sign (freestanding or wall).
[2]
The number of identification and business signs
on premises is limited to any combination of two of the following:
one wall sign, one freestanding sign, one projecting sign.
[3]
No part of any freestanding sign shall be closer
than 10 feet to any front lot line. In specific situations for safety,
the Zoning Officer may require a greater setback.
[4]
No projecting sign shall exceed the lowest roofline
or 12 feet in height, whichever is less, nor shall it be so low as
to endanger the health and safety of pedestrian and vehicular traffic.
In no event shall the projecting sign be lower than eight feet. A
sign shall not project more than two feet from the wall.
[5]
Signs may be illuminated. Illumination of a
sign shall be only by white lighting such that the light intensity
or surface brightness does not exceed that of a translucent plastic
sheet or frosted glass lighted by 20 watts of power per square foot
from fluorescent sources. All bare bulbs tubes and other light sources
must be shielded from view from any point on a public right-of-way
and from adjacent residential lots. No outdoor sign shall remain illuminated
after 9:00 p.m. unless the establishment using the sign is open to
the public for business.
[6]
The Zoning Officer may authorize or require
in writing additional signs for directional and safety purposes.
[7]
In shopping or business centers containing more
than one establishment, directory signs which are a part of the aggregate
sign allowance for individual establishments are permitted and encouraged.
The directory, if freestanding, shall constitute the one freestanding
sign permitted for each individual establishment.
[8]
Stores in structures with more than one store
and with direct access from the side or rear may have an identification
sign of not more than two square feet next to, over, or on the side
or rear entrance.
(b)
In Business Zone A:
[1]
Two signs aggregating not more than 30 square
feet in area shall be permitted, but in no event shall the permitted
area of all signs on any premises exceed 10% of the overall surface
of the street wall.
[2]
No sign of any kind shall exceed three feet
above the lowest roof line or 12 feet in height, whichever is less.
(3)
Office and Light Industrial Zones OL-1 and OL-2. For OL-1 and OL-2 Zones, applications for signs shall conform to the requirements of Subsections A, B, C and D(2)(a)[3] through [7] and shall be reviewed and approved or denied by the Planning Board, in accordance with the site plan provisions of the land use ordinances.
E.
Nonconforming signs.
(1)
Definition. A "nonconforming sign" is a sign lawfully
constructed and maintained prior to the adoption of this chapter,
but does not conform to the provisions of this chapter.
(2)
Alterations and additions. No nonconforming sign shall
be altered, enlarged and/or reconstructed, except in such a manner
as to comply with the requirements of this chapter.
[Added by Ord. No. 22-97]
A.
Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof in accordance with § 245-15H.
B.
No nonconforming use shall be extended, except by
variance granted pursuant to N.J.S.A. 40:55D-70d. However, where a
building meets the use requirements of this chapter but is nonconforming
because of height, width, depth or yard requirements, said building
may be altered or enlarged, provided that the height, area, coverage,
FAR, yard or any other regulations in this chapter of the land use
ordinances are not violated; for example, if a front yard is nonconforming,
this does not preclude a conforming addition to the rear within the
rear setback line.
C.
Where a structure has been erected and used for an accessory use to a dwelling according to § 245-7B and such accessory use ceases, as by independent sale of either the dwelling or accessory structure or by the moving or demolition of the primary or accessory structure, the accessory structure shall lose its status as such and shall be governed by the regulations herein pertaining to a primary or main building.
D.
Any structure existing at the time of the passage of this chapter which is essentially designed or readily adaptable to accommodate a permitted use may be occupied as such without regard to the bulk requirements of Article V, provided that:
E.
The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the administrative officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Zoning Board of Adjustment. The administrative officer shall be entitled to demand and receive for such certificate issued by him a fee in the amount specified at § 111-3. The fees collected by the administrative officer shall be paid to the municipality. Denial by the administrative officer shall be appealed to the Zoning Board of Adjustment. The provisions of N.J.S.A. 40:55D-72 through 40:55D-75 shall apply to applications or appeals to the Zoning Board of Adjustment.
[Added 6-28-1999 by Ord. No. 8-99]
[Added 11-14-2016 by Ord.
No. 10-16]
A.
Applicability. The provisions in this section that apply to transmission
pipelines apply to all proposed pipelines. To the extent any regulations
within this section conflict with state or federal regulations or
laws regulating hazardous substance transmission pipelines, those
state or federal regulations and laws shall take precedence over these
regulations. The Borough hereby adopts by reference the definitions
set forth in the Hazardous Liquid Pipeline Safety Act of 1979, as
amended, and recodified in 49 U.S.C. § 601 and 49 CFR 190
to 199.
B.
Pipelines uses. Pipelines not distributing services to end users
within the Borough which are not otherwise regulated by the New Jersey
Board of Public Utilities are prohibited in all residential zones
and districts within the Borough and shall constitute conditional
uses in all other zones and districts within the Borough.
C.
Requirements and standards for development and construction of new
hazardous substance transmission pipelines. The following requirements
and standards shall apply for the development and construction of
new hazardous substance transmission pipelines:
(1)
Approvals required; application. A resolution of approval by
the Borough Planning Board shall be required prior to the commencement
of any work to install a transmission pipeline within the Borough.
An original application for a pipeline approval and permit shall be
submitted to the Borough Planning Board Secretary and a copy submitted
to the Borough Engineer. Each application shall be accompanied by
three sets of plans showing dimensions and locations of the pipelines,
related items or facilities within the subject right-of-way and roadway
improvements. Also required for submittal are:
(a)
Detailed cross-section drawings for all public street right-of-way
easements, wetland and waterway crossings;
(b)
A flow diagram showing daily design capacity of the proposed
transmission pipeline;
(c)
Changes in flow in the transmission pipeline; and
(d)
The proposed maximum operating pressure, expressed in pounds
per square inch gauge (psig) at all points of change in elevation
greater than 500 feet, or every 500 feet in length as a minimum.
(2)
Hazardous substance transmission pipeline corridor. Any easements
or rights-of-way obtained by the pipeline owner or operator shall
be recorded in the office of the County Clerk for all new hazardous
substance transmission pipelines.
(3)
Setbacks. In order to mitigate the aesthetic and environmental
impacts of hazardous substance transmission pipelines, while minimizing
potential damage or interruption to essential public facilities caused
by transmission pipelines, the following setbacks shall be observed:
(a)
Except as set forth in this section or unless approved by the Borough Engineer as part of the approval and permit process, where adequate mitigation measures have been demonstrated by the applicant to the satisfaction of the Borough Engineer, hazardous substance transmission pipeline corridors shall not be located within the vicinity of a wellhead protection area ("WPA"), as is defined in Chapter 102, § 102-32.1, and shall not be located closer than 2,500 feet in a Tier 1 WPA, 1,000 feet in a Tier 2 WPA, and 500 feet in a Tier 3 WPA. However, conditions such as slope and terrain may require additional mitigation as identified in the permit and approvals process.
(b)
Except as otherwise set forth in this section, hazardous substance
transmission pipelines shall not be located closer than 100 feet from:
[1]
Any wetland;
[2]
Any year-round naturally occurring creek, stream,
river, private or public well, or pond, unless approved by the Borough
Engineer as part of the permit and approvals process where adequate
mitigation measures have been demonstrated by the applicant; or
[3]
Any property in a business district or where a
business is located.
(c)
A hazardous substance transmission pipeline, facility or appurtenance
shall not be located closer than:
[1]
One thousand feet from any high-consequence land
use lot or essential public facility structure;
[2]
One hundred fifty feet from any residential property,
zone or district on level grade; or
[3]
Two hundred fifty feet from any residential property,
zone or district where the residential property, zone or district
is located downhill from the transmission pipeline, facility or appurtenance
at a grade equal to or greater than 5%, except that no transmission
pipeline shall be located on slopes of a grade equal to or greater
than 15%.
(4)
Submittal of information. Preliminary as-built information,
including, without limitation, as-built drawings or additional information
as may be requested by the Borough Engineer about the transmission
pipeline, including a copy of GIS shapefiles of the pipelines and
all appurtenances within the Borough, will be filed within 90 days
before the pipeline is commissioned with the Borough Engineer. Updated
as-built information, including, without limitation, as-built drawings
or additional information as may be requested by the Borough Engineer
about the transmission pipeline, including a copy of GIS shapefiles
of the pipelines and all appurtenances within the Borough, will be
filed within 60 days after the pipeline is commissioned with the Borough
Engineer.
(5)
Hazardous substance transmission pipeline construction. The
transmission pipeline owner, operator and/or contractor shall give
documented notice 48 hours prior to the commencement of pipeline construction
to the affected residents, businesses (including agricultural businesses)
and to the Borough Police Department. Private property owners and
business owners shall have access to their property at all times during
construction.
D.
(Reserved)
E.
Hazardous substance transmission pipeline failure and remediation.
In the event that a leak or failure has occurred with the transmission
pipeline, the transmission pipeline operator shall notify the Borough
Engineer, Borough Police Department, and all property owners within
1,000 feet of the affected pipeline area within four hours of discovery.
Transmission pipeline operators shall, after being notified of an
emergency, cooperate with Borough officials and make every effort
to respond as soon as possible to protect the public's health, safety,
and welfare. All leak or spill remediation plans shall be made in
consultation with the Borough, and no remediation may be deemed complete
without final approval thereof by the Borough. In the event that a
transmission pipeline is shut down due to a leak or failure, the transmission
pipeline operator shall not restart the transmission pipeline without
the written approval of the Borough Engineer.
F.
Hazardous substance transmission pipeline repair and maintenance.
Following any repair of a transmission pipeline, any areas disturbed
by such repair shall be revegetated in accordance with the applicable
provisions of the Borough Code.
G.
Hazardous substance transmission pipeline marking. Markers shall
be installed and maintained to identify the location of transmission
pipelines in accordance with all federal and state pipeline marking
requirements.
H.
Emergency preparedness plan. Prior to commissioning a transmission
pipeline, the pipeline operator shall meet with the Borough Police
Department and submit a copy of an emergency preparedness plan for
any and all emergencies that may result in an accidental leak or failure
incident regarding the pipeline or any supplemental equipment. The
essential requirements stated in 49 CFR 195.402 and 195.403 shall
be covered by the emergency preparedness plan. No transmission pipeline
shall be commissioned, nor shall any hazardous substance be introduced
into the pipeline prior to the pipeline operator receiving written
approval of its emergency preparedness plan by the Chief of Police
or his designee. Transmission pipeline operators shall designate a
responsible local emergency response official and a direct twenty-four-hour
emergency phone number.
I.
Insurance required. No transmission pipeline owner or operator shall
commission any transmission pipeline or introduce any hazardous substance
into a transmission pipeline without first securing insurance policies
covering general liability, environmental incidents and contamination,
and property damage in an aggregate amount to be determined by the
Borough and based upon reasonable estimates of potential liability
and property damage that would result from a leak, spill or other
failure of a transmission pipeline. Prior to commissioning any transmission
pipeline and every year in which the transmission pipeline is in operation
thereafter, the pipeline owner or operator shall submit proof of its
insurance coverage to the Borough, and the Borough shall be named
as an additional insured on all required policies.
J.
Indemnification and hold harmless. Prior to commissioning a transmission
pipeline, the pipeline operator shall agree in writing to indemnify
and hold harmless the Borough, as well as its officers, officials,
supervisors, employees, agents, contractors, and assigns, from any
and all liability relating to or arising from the transmission pipeline,
including, but not limited to, any failure, leak, spill, contamination,
cleanup, remediation, property damage, and personal injury. The indemnification
and hold-harmless agreement shall include a provision for the payment
of the Borough's reasonable attorney's fees and litigation costs.
