Allendale City Zoning Code
ARTICLE IV
General Provisions
§ 270-9 Compliance required.
Zoning affects all structures, buildings and land and the use thereof. No building or premises or land is to be erected, raised, moved, extended, enlarged, altered or used for a purpose other than a purpose permitted by this chapter. All construction and use shall be in conformity with the regulations provided for the zone district in which such construction or use is intended to be made.
§ 270-10 Building permits.
All applications for building permits shall be accompanied by a drawing of the proposed building and a plan, in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building erected, the location of the building upon the lot, the dimensions of all open spaces, the established building lines within the block and such other information as may be necessary to provide for the enforcement of this chapter. In connection with the issuance of a building permit, where application is made therefor, the Building Inspector may, in his discretion, issue a permit for the construction of a temporary contractor's shanty to be used for the storage of tools or building materials incidental to the construction of a building; provided, however, that such building or shanty shall be removed at the completion of the construction of the building. Applications for all other temporary structures shall be referred to the Board of Adjustment in accordance with § 270-23 of this article.
§ 270-11 Subdivision of lot.
When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this chapter, and in accordance with all applicable provisions of N.J.S.A. 40:55D-1 et seq. and all applicable ordinances of the Borough of Allendale.
§ 270-12 Public utilities.
Public utilities may be located in any zone district; provided, however, that before a construction permit or certificate of occupancy or use shall be issued, application shall first be made in writing to the appropriate Board in accordance with the applicable provisions of N.J.S.A. 40:55D-1 et seq. and the Land Use Procedures Ordinance of the Borough of Allendale.[1]
§ 270-13 Yards.
A.
Every lot shall provide front, rear and side yards required in its zone district; and all front yards shall face on a dedicated public street or right-of-way which is at least 35 feet wide and is sufficiently improved in the opinion of the Building Inspector so as to give safe access by fire and other emergency vehicles at all times and which can be plowed free of snow without risk of damage to equipment. No lot shall contain more than one principal building unless otherwise provided herein. On streets or rights-of-way of less than 50 feet in width, the required front yard setback shall be increased by 1/2 the difference between the dedicated width and 50 feet.
B.
Minimum lot depth. Any lot, or part of a lot, which separates a street from an adjacent lot shall be of a minimum depth between the street and the adjacent lot of not less than 3/4 of the minimum front yard required for lots in the zone district in which the lot is located, plus such additional depth as may be required for streets of a width less than that required by the Land Subdivision and Site Plan Ordinances[1] of the Borough or any applicable residential site improvement standards of the New Jersey Department of Community Affairs.
[Added 9-7-2000]
§ 270-14 Accessory buildings.
[Amended 5-22-2025]
A.
Unless otherwise provided herein, no accessory building shall be built on any lot on which there is no principal building or structure. No accessory building shall exceed 21 feet in height, except in the industrial zone district, accessory buildings shall be at least 10 feet from any principal building situated on the same lot unless an integral part thereof; at least six feet from any other accessory building; and be at least a distance equal to the height to all other lot lines. The requirements of Article XV and Article XVI of this chapter shall apply to accessory buildings in the industrial zone district. Farms shall be exempt from these requirements.
B.
Unless otherwise provided herein, in residence zone districts:
(1)
In the case of an interior lot fronting upon only one street, no accessory building shall be erected or altered so as to encroach upon that half of the lot depth nearest the street.
(2)
In the case of an interior lot fronting upon two or more streets, no accessory building shall be erected or altered so as to encroach upon that fourth of the lot depth nearest each and every street.
(3)
In the case of a corner lot fronting upon two streets, no accessory building shall be erected or altered so as to encroach upon that area of the lot between each street and a line drawn parallel to such street in a manner to divide the lot into two equal parts.
(4)
In the case of a corner lot fronting upon three or more streets, no accessory building shall be erected or altered so as to encroach upon that fourth of the lot depth nearest each and every street.
(5)
No accessory building shall be located within 10 feet of its rear lot line when such line forms part of the front half of the side line of an adjacent interior lot, or the front quarter of an adjacent through lot.
(6)
Notwithstanding any requirements in this section, the foregoing rules shall not prohibit any accessory building 70 feet or more from any street bounding the block.
§ 270-15 Dwelling in rear of lots.
No dwelling shall be constructed or altered in the rear of a building on the same lot, nor shall any building be constructed in front of or moved to the front of a dwelling on the same lot.
§ 270-16 Existing platted lots.
A.
Where any lot or plot which was established on an official or filed map prior to the effective date thereof fails to comply with the minimum requirements of this chapter and the record title of said lot was then in one owner, or husband and wife, and the said owner was not vested with the record title to any abutting lot whereby the aforesaid minimum requirements could be complied with, said single lot may be used for any use not otherwise prohibited in the zone district in which it lies; provided, however, that all other provisions respecting side yards and rear yards are complied with and the front yard thereof conforms with the established setbacks from the street of the block within which said lot is situated, and upon compliance with the foregoing, the Building Inspector is herewith authorized to issue an appropriate building permit.
B.
Where three or more adjacent lots so owned as above exist, such lots shall be used in conformity with the minimum requirements of this chapter.
C.
The use of two adjacent lots in ownership as above provided, where the same do not comply with the minimum requirements of this chapter and where there is no practical possibility of obtaining additional land, shall be determined, upon application to the Board of Adjustment, on the basis of hardship and of neighborhood character.
D.
Where a plot plan presented in the application for a permit includes more than one recorded lot, the Building Inspector or his deputy shall execute an affidavit in which the facts with reference to the use of said platted lots or parts of platted lots shall be stated and shall cause the same to be recorded in the office of the Registrar of Deeds of Bergen County, New Jersey, the cost of recording to be borne by the applicant.
§ 270-17 Required area or space.
A.
Once established, no lot, yard, parking area or other space shall be so reduced in area or dimensions so as to make said area or dimension less than the minimum required under this chapter. If already less than the minimum required under this chapter, said area or dimension shall not be further reduced.
B.
Minimum buildable area. Within any lot developed, or intended to be developed, with a single-family or two-family residence, there shall be provided a building envelope, rectangular in shape, having the following minimum dimensions. For purposes of administering this requirement, the rectangle width shall be construed to be that dimension that is generally parallel with the lot width, and the rectangle depth shall be construed to be that dimension that is generally parallel with the lot depth.
[Added 9-7-2000]
Zone District | Minimum Width of Rectangle (feet) | Minimum Depth of Rectangle (feet) |
|---|---|---|
AAA | 60 | 50 |
AA | 50 | 50 |
A | 50 | 50 |
B one-family two-family | 50 60 | 45 45 |
§ 270-18 Garages, driveways and parking in residential districts.
[Amended 3-22-1984; 10-22-1998]
A.
Garages in residential districts. In all residential zone districts, there shall be at least one enclosed garage for each dwelling unit erected; provided, however, that affordable housing units erected pursuant to the Borough’s housing element shall be exempt from this requirement. No such garage shall thereafter be eliminated without the erection of an equivalent enclosed garage. No more than one garage for each dwelling unit shall be permitted. Unenclosed garages, all-weather shelters and temporary or instant garages shall be prohibited. Drive-through carports, attached to the dwelling, shall be permitted on residential lots containing an enclosed garage. Garages shall be subject to the following requirements:
[Amended 6-14-2001; 3-25-2002; 12-29-2003]
B.
Driveways for single- or two-family dwellings. All driveways accessory to single- or two-family dwellings shall comply with the following requirements:
[Amended 3-25-2002]
(1)
Driveways shall be permanent in nature and constructed of crushed stone, asphalt, concrete or other similar material.
(2)
The width of driveways shall be at least 8 feet and shall not exceed 35 feet, including any adjacent parking areas or turning areas. Notwithstanding the foregoing, the width of circular or curved driveways shall not exceed 12 feet. The driveway shall be measured perpendicular to the normal direction of travel.
(3)
The width of curb cuts for driveways shall not exceed 20 feet.
(4)
No more than two driveways shall be permitted on any property developed, or intended to be developed, as a single- or two-family dwelling. A circular or curved driveway, as provided for in Subsection B(6)(b), is permitted if connected to the one permitted driveway.
(5)
If a driveway or driveways require(s) more than one curb cut, the distance between such curb cuts shall be at least 50 feet.
(6)
No driveway may be located between a dwelling unit and any street upon which the subject property has frontage, except in the following situations:
(7)
No driveway shall be expanded or replaced without first securing the required permit from the Borough's Construction Code Official. The permit fee shall be $100.
[Added 9-14-2017]
C.
Parking in residential districts.
(1) DRIVEWAY GARAGE GROSS VEHICLE WEIGHT RATING or GVWR MOTOR VEHICLE VEHICLE
Definitions. As used in this section, the following terms shall have the meanings indicated:
A private roadway, paved in accordance with this chapter, providing access to and from a street.
[Amended 3-25-2002]
A place in which motor vehicles are stored and cared for.
The value specified by a manufacturer as the loaded weight of a single or combination (articulated) vehicle, or the registered gross weight, whichever is greater. The GVWR of a combination (articulated) vehicle, commonly referred to as the “gross combination weight rating” or “GCWR,” is the GVWR of the power unit plus the GVWR of the towed unit or units. In the absence of a value specified for the towed unit or units by the manufacturer, the GVWR of a combination (articulated) vehicle is the GVWR of the power unit plus the total weight of the towed unit, including the loads on them.
[Added 12-22-2005]
Includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles.
Every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or motorized bicycles.
(2)
Motor vehicles.
[Amended 10-28-1999; 6-14-2001]
(a)
No motor vehicle with a registered gross vehicle weight of 8,000 pounds or more shall be parked outside of a garage on property in any residential zone between the hours of 8:00 p.m. to 6:00 a.m. No more than one such vehicle shall be parked outside of a garage in any residential zone between the hours of 6:00 a.m. to 8:00 p.m. unless such additional vehicle(s) are engaged in an active construction project on the premises for which a valid building permit or zoning approval is in effect.
(b)
No more than one motor vehicle registered as a commercial vehicle, with a registered gross vehicle weight of less than 8,000 pounds, shall be parked outside of a garage on property in any residential zone between the hours of 8:00 p.m. to 6:00 a.m. No more than one such vehicle shall be parked on property in any residential zone between the hours of 6:00 a.m. to 8:00 p.m. unless such additional vehicle(s) are engaged in an active construction project on the premises for which a valid building permit or zoning approval is in effect.
(3)
Recreational vehicles, campers, mobile homes, trailers of any kind and boats may be parked on residential lots; provided, however, that no such parking shall be permitted within the front, side or rear setback areas.
(4)
With the exception of vehicles set forth in Subsection C(3), all other motor vehicles shall be parked within the confines of a designated driveway, as herein defined; such vehicles not to encroach on the applicable front or side property line or sidewalk parallel to the streets.
[Added 4-22-1999]
(5)
No motorized landscape equipment shall be parked or stored on any residential premises except as follows:
[Added 6-14-2001]
(a)
Residential landscape motor vehicle(s) and equipment used exclusively on the premises where it is parked or stored;
(b)
Landscape motor vehicle(s) and equipment of landscape contractors performing landscape services on the premises but only so long as it is necessary to perform such work and while such work is being actively performed.
(6)
No motorized construction equipment shall be parked or stored on a residential premises except as needed to perform work on that premises and only so long as it is necessary to perform such work and while such work is being actively performed.
[Added 6-14-2001]
(7)
Nothing contained in this section shall be construed as prohibiting parking of passenger vehicles used by the occupant of residential premises for day-to-day activities, provided that such vehicles have side windows and are parked on the driveway.
[Added 6-14-2001]
(8)
Equipment and materials may be stored in or on a motor vehicle regulated by this section, subject to the following:
[Added 6-14-2001]
(a)
The equipment or materials shall not be visible from outside the motor vehicle. In the case of equipment or materials stored in the open bed of a commercial vehicle and similar cases, this provision shall be deemed to be complied with if the equipment and materials are completely covered by a solid opaque tarp. Exposed ladders shall not be permitted to remain on a vehicle overnight, but shall be required to be removed and stored out of view.
(b)
The storage of materials which give off offensive odors such as but not limited to decaying vegetation, manure, etc., is prohibited.
(c)
The storage of pesticides, herbicides, fertilizer and similar materials shall comply with applicable regulations of the New Jersey Department of Environmental Protection.
§ 270-19 Dangerous conditions.
No permit shall be granted for a building or use if the design or construction of such structure or use involves exceptional risks of traffic congestion or to public safety or if the design or construction of said building is so markedly incongruous with the character of the neighborhood as to be seriously detrimental to the value of adjacent or nearby property. If the Building Inspector finds either of the above to be the case, he shall refuse a permit.
§ 270-20 Signs.
[Amended 5-27-1982]
B.
Permits.
(1)
No sign, (unless otherwise specifically provided herein), window signs and signs erected on residential premises in compliance with the requirements herein, shall be erected without first having obtained a permit from the Construction Code Official. Applications for said permit shall be made in writing to the Construction Code Official and shall set forth in the following information:
[Amended 8-27-1987]
(a)
Name, address and telephone number of the applicant and owner.
(b)
Location of the building, structure or lot to which or upon which the sign is to be located or erected.
(c)
Position of the sign in relation to nearby buildings or structures and property lines.
(d)
Name of the person, firm, corporation or association erecting the sign.
(e)
A sketch of the sign, showing all dimensions and colors So that the Construction Code Official may determine compliance with all the requirements of this chapter and any other applicable ordinances of the Borough.
(f)
Such other information as the Construction Code Official may require to show full compliance with this chapter and all other laws and ordinances of the Borough.
(2)
Every application, except that made by a municipal, county or state authority or institution, shall be accompanied by a fee as prescribed in Chapter 100, Building Construction.
[Amended 9-25-1986]
(3)
Repainting, cleaning or other normal maintenance and repair of a sign or a sign structure, unless a structural change is made, shall not require a permit.
C.
Prohibitions.
(1)
Within any zone, no sign shall:
(a)
Have any mechanically operated moving parts.
(b)
Have or consist of any pennants, banners, ribbons, baubles, spinners or similar movable or moving components.
(c)
Have more than four colors, including black and white as colors.
(d)
State or otherwise indicate that the property is sold or rented.
(e)
Be mounted on or supported otherwise than by a building structure or by the ground.
(f)
Be mounted on a roof, other than the front facade of mansard roofs, nor project above the roof of any building.
(g)
Be made of the paste-up type, installed externally.
(2)
Searchlights are not permitted.
(3)
All signs shall refer only to the premises on which they are displayed and shall be displayed only within the lot lines of the property to which they refer.
(4)
If any sign configuration or type for the zones mentioned herein or for any zone created after the enactment of this chapter is not covered by this chapter, such signs are prohibited.
D.
Signs in residential zones.
(1)
Two signs containing the street number and name of a residence or the name of the family residing therein shall be permitted for each residence, provided that it is less than two square feet in area. One additional sign containing advertisements of farm produce for sale or announcement of occupations permitted in the zone is permitted, not over two square feet in area. If any sign is freestanding, the area specified is of one side.
(2)
Wall signs bearing only the name of an institution and such other information pertaining to such premises as is required for the convenience of the general public and not exceeding 16 square feet in area are permitted.
(3)
In the AU and BU zones only, one wall sign per development providing the name and address of such development is permitted, provided that such sign shall not exceed 16 square feet in area. Permits are required for such a sign.
E.
Business Zones (C, D, E and OR Zones).
(1)
Signs advertising the business conducted on the premises may be displayed, provided that:
(a)
There shall be no more than one main external sign for each occupant tenant and the total area of all main external signs shall not exceed two square feet per foot of building frontage, except that for buildings fronting on more than one street, two main signs (one directed toward each frontage) shall be permitted. One supplemental external sign, not to exceed eight square feet, shall be permitted for each tenant occupant in cases where an additional frontage and access exists on a paved parking area, such sign to front on the parking area.
(b)
A sign attached to a building shall be firmly fastened to it and shall extend out from the building not more than one foot. When such sign extends more than three inches from the face of said building, the bottom of said sign shall not be closer than 10 feet from the ground level below said sign.
(c)
All signs identified with a business on the premises shall be removed when the business operation ceases or moves from a specific location. The removal of the sign shall be the responsibility of the owner of the building.
(2)
Internal window signs are permitted in conformance with the requirements of this chapter.
F.
Gasoline service stations. Gasoline service stations may display the following special signs, which are deemed customary and necessary to the business of a gasoline service station:
(1)
Lettering or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of the gasoline sold, lead-warning sign and any other sign required by state or federal law and not exceeding a total of three square feet on each pump; and if illuminated, such signs shall be nonflashing and shall not in any manner constitute a traffic hazard with respect to adjacent streets or intersections.
(2)
A credit card sign not exceeding two square feet in area, placed on or near the gasoline pumps.
(3)
One sign bearing the name of the gasoline sold at the service station, of a design specified by the manufacturer of the gasoline and not more than 30 feet in area.
G.
Temporary signs.
[Amended 8-27-1987; 9-27-1990]
(1)
Temporary signs are subject to the following regulations:
(a)
Real estate "for sale" signs. One sign per lot is permitted to advertise the sale or rental of the premises upon which it is located by the owner or by a real estate agent or broker. This sign is not to exceed an area of six square feet and shall be removed seven days after the execution of a contract or the expiration of the listing agreement. In the event that the contract is voided or canceled within 60 days, the sign may be placed back on the property without an additional fee. All "for sale" signs shall be set back at least 15 feet from the curbline and shall not, under any circumstances, block the vision of the driver of an automobile.
(b)
Real estate open-house signs. The owner of a residential home which is being offered for sale may erect, in addition to a for-sale sign, an open-house sign. Only one open-house sign will be permitted on the property and shall be placed no sooner than one hour before the beginning of the scheduled open house and removed immediately upon its conclusion. Open-house directional signs may be placed at no more than two intersections on the day of an open house. Such directional signs are subject to the same time limitations as the property's open-house sign. Directional signs shall be placed so as not to impede traffic or driver visibility. Signs not in compliance with these regulations may be removed by the Zoning Official or his designee.
[Amended 11-12-2002]
(c)
In residential zone districts where an area has been subdivided and five or more newly constructed residences are offered for sale, a temporary sign may be erected on one lot of the subdivision to advertise it. The sign shall not be larger than 36 square feet. Permits for signs permitted by this subsection are required and shall be issued for periods of one year and may be renewed as provided in Subsection B for a total not to exceed three years.
(d)
During the construction, alteration or renovation of a building or driveway or during property landscaping in any zone, temporary signs advertising the names of contractors, subcontractors or professionals employed in such construction, alteration, renovation or landscaping shall not be permitted.
[Amended 9-28-2000]
(e)
Upon written application by a nonprofit organization, the Mayor and Council may instruct the Construction Code Official to issue a permit without fee for the erection of a temporary sign or of a display banner for a period not to exceed two weeks in connection with an event sponsored by said nonprofit organization. Such permit shall not be issued more often than twice in any twelve-month period to any one organization.
(f)
Signs for garage sales, lawn sales, attic sales, rummage sales, flea market sales or tag sales (collectively "garage sales") No such signs shall be posted on structures such as telephone poles, street signs, trees or fences. Notwithstanding anything else contained in this chapter, the Police Department shall enforce these regulations relating to garage sale signs.
[Added 3-28-1996]
(g)
The following temporary signs are permitted, not to exceed a period of 10 days; provided, however, that an additional ten-day extension may be granted and any further extensions shall be at the reasonable discretion of the Code Official: sandwich board signs, posters, grand opening signs, weekly advertisements and display banners.
[Added 10-14-2004; amended 11-22-2010]
(2)
Fees and fines. There shall be a fee of $45 for temporary real estate for sale or subdivision signs. There shall be a fee of $20 for a temporary sign permit under Subsection G(1)(g) hereinabove. However, no such fee or permit shall be required for real estate open house signs or garage sale signs. There shall be a fine of up to $1,000 imposed upon the property owner or the owner’s agent or applicant for any violation of the regulations which apply to the temporary signs. A fine of up to $1,000 shall be imposed for each and every day the violation continues to exist. Permits issued for temporary signs shall be issued for a period not to exceed six months or when the reason for the issuance of the permit no longer exists or is otherwise described herein, whichever is shorter.
[Amended 10-14-2004; 11-22-2010]
H.
Freestanding signs.
(1)
Notwithstanding any other provisions of this chapter, one freestanding sign accessory to the business conducted on the premises shall be permitted per building in the C, D, E and OR Districts, provided that the following requirements shall be met:
(a)
The total area of such sign shall not exceed 12 square feet per side. Either a solid sign or a directory-type sign announcing the name, nature of use or uses and/or containing the names of the tenants or occupants of the premises is permitted.
(b)
The maximum height of either the sign or of the structure supporting the same shall not exceed 10 feet.
(c)
In the event that the sign is not flush with the ground, the bottom of the sign shall not be either less than two feet or more than four feet above the ground level.
(d)
No portion of the sign or supporting structure shall be located nearer than three feet from any public right-of-way, including sidewalks and streets.
(2)
Notwithstanding any other provisions of this chapter, one freestanding sign for an institution shall be permitted, provided that the following requirements are met:
(a)
The sign is located on the same lot as the institution.
(b)
The total area of the sign does not exceed 24 square feet per side for schools and churches and 12 square feet per side for all other institutions.
(d)
No portion of the sign or structure supporting the sign is located closer than 15 feet to any front, rear or side lot line.
(3)
All freestanding signs are to be permanently mounted to the ground.
I.
Illumination.
(1)
In the C, D, E and OR Zones, all business signs and all spotlights and floodlighting used in connection with the operation of any business shall be extinguished by 11:00 p.m. or upon the close of business serviced by said signs or lighting, whichever occurs last. Such signs shall not be illuminated before 7:00 a.m. or the start of business, whichever is earlier.
(2)
Signs in residential zones may be illuminated between the hours of 7:30 a.m. and 9:00 p.m.
(3)
Notwithstanding the foregoing, the Chief of Police, subject to the approval of the Mayor and Council, can authorize lighting, at times other than approved by this chapter, specifically designed for the protection of properties.
(4)
No sign shall be illuminated by lighting of intermittent or varying intensity or color or by neon or similar illumination.
(5)
Illumination of all signs shall be arranged so that no direct glare is visible outside the boundaries of the lot on which the sign is erected and no traffic hazard is created.
(6)
No sign shall be backlighted or constructed of any material which permits the passage of light or allows light to be seen through the material so as to illuminate the exterior surface of the sign.
[Added 3-26-1992]
J.
Exemptions. The provisions and regulations of this chapter shall not apply to the following signs:
(1)
A memorial sign or tablet or a sign indicating the name of a building or the date of its erection when cut into any masonry surface or when constructed of bronze or other incombustible material.
(2)
Signs for public convenience and welfare erected by or on behalf of the United States of America, the State of New Jersey, the County of Bergen and the Borough of Allendale, traffic controls in private ways and parking lots, legal notices, railroad crossing signs or other signs as required by law.
K.
Window signs. No signs, temporary or otherwise, on the inside of a window or glass door shall be greater than two feet in height or cover in total more than 20% of the square footage of said window or door, and no such sign shall be permitted above the first floor of any building or on the exterior surface.
L.
Additional requirements. If the Construction Code Official finds that any sign has been erected in such a manner or has deteriorated to such a degree as to be unsightly or to constitute a hazard to the general public, the hazard shall be eliminated within 24 hours and the sign shall be removed or repaired to the satisfaction of the Construction Code Official within seven days after written notice of such condition has been served upon the owner, owner's agent, lessee or occupant. Failure to comply therewith shall be a violation of this Zoning Code and subject to its penalties.
§ 270-21 Satellite antennas.
[Added 11-14-1985]
B.
Size and location. All satellite antennas shall be in compliance with the following regulations:
(1)
The service area of a satellite antenna reflective dish shall not exceed 10 feet in diameter.
(2)
A satellite antenna reflective dish shall be constructed in conformance with manufacturer's specifications and shall be anchored in a solid concrete foundation so that the front face of the dish shall withstand a static wind load of not less than 75 miles per hour.
(3)
The overall height from the mean ground level to the highest point of the satellite antenna and any attachments thereto, when extended to their full height, shall not exceed 13 feet.
(4)
The satellite antenna shall be located in the rear yard and shall comply with the rear yard and side yard requirements for the principal structure on the lot.
(5)
The satellite antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties. The ability of the applicant to install the satellite antenna in an unobtrusive location and to minimize the noise impact on adjacent properties shall be a major factor in determining whether or not a site plan shall be approved.
(6)
A satellite antenna shall only be permitted on residential lots and shall be designed for use solely by such residents.
(7)
No lot shall contain more than one satellite antenna as heretofore regulated.
C.
Site plan approval. Site plan approval by the Planning Board will be required for the installation of a satellite antenna in all zone districts. Each application shall include an antenna plan showing the specific design, location, size and construction of the proposed antenna, which will comply in all respects with the standards enumerated herein.
§ 270-22 Corner lots.
For the purpose of this chapter, where a lot is bounded by more than one street, the yard depth or setback from each street shall be determined by the front yard requirements for that street so that the front yard requirements of the zone are met for all streets upon which the property abuts. The owner of the lot shall determine which shall be considered the front of the lot, subject to the approval of the Building Inspector.
§ 270-23 Temporary permits.
Temporary permits may be authorized by the Board of Adjustment for a period not to exceed one year for nonconforming uses incidental to construction projects on the same premises, including such uses as storage of building supplies and machinery essential to the construction, assembly of building materials and a real estate office located on the tract offered for sale, provided that the issuance of such permits shall be conditional upon agreement by the owner to remove any structure or structures erected thereunder upon expiration of the permit. Such permits may be renewed annually over a period not exceeding three years.
§ 270-24 Parapet walls.
A parapet wall or cornice may be erected extending above the building height limit not more than three feet.
§ 270-25 Nature and extent of uses of land.
The control and regulation of the use of buildings and structures as herein provided shall equally apply to the nature and extent of the use of the land.
§ 270-26 Prohibited uses within the Borough.
The following uses shall be prohibited within the Borough:
A.
Cemeteries.
B.
Diners.
C.
Amusement parks, including miniature railroads, carousels, Ferris wheels, miniature automobiles and swimming pools, all for commercial or public use.
D.
Trailer parks or use of any mobile structure for dwelling purposes.
E.
Retail sale establishments primarily intended for consumption of products in premises but not within a permanent, enclosed structure with adequate seating facilities for patrons served.
F.
Motels or hotels.
G.
Theaters or commercial exhibitions not entirely within the confines of a permanent, enclosed structure.
H.
Junkyards or open dumps.
I.
Commercial kennels for the sale, breeding or boarding of dogs.
J.
Any other use not specifically permitted by this chapter.
K.
Any business establishment that is situated on a lot which is either 1) located within 150 feet of any of the Borough's zoning districts in which residential use is permitted or 2) located within the Central Business Zone District (C-1) or within the Central Business Zone District-Shopping Center (C-2), shall not be permitted to conduct business between the hours of 2:00 a.m. and 5:00 a.m.
[Added 9-22-2016]
L.
Drive-through operations or facilities; provided, however, that same shall be permitted within the Central Business Zone District-Shopping Center (C-2). As used in this Subsection L, "drive-through operations or facilities" shall mean a business or establishment engaged in the sale of any goods, products or services which are sold, served, delivered or dispensed to persons in motor vehicles.
[Added 10-13-2016]
M.
Sale and distribution of marijuana.
[Added 9-27-2018 by Ord. No. 18-20]
(1)
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service, are hereby prohibited from operating anywhere in the Borough.
[Amended 5-27-2021 by Ord. No. 21-08]
(2)
Violations and penalties. The maximum penalty for violation of any provision of this subsection shall, upon conviction, be a fine not exceeding $2,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, at the discretion of the Municipal Court Judge.
§ 270-27 Outdoor storage.
[Amended 12-13-1979]
A.
The following outdoor storage is prohibited on any residential property and in all residential zones:
[Amended 6-14-2001]
(1)
Construction equipment, materials and supplies, paving and landscaping materials, except for those materials being used for a current, active construction or landscaping project on the premises and for which a valid building permit or zoning approval, as applicable, is in effect;
(2)
Tires, wheels, other motor vehicle parts or truck caps;
(3)
Appliances and machinery, such as but not limited to refrigerators, freezers, washing machines, dryers, dishwashers, water heaters, and plumbing fixtures;
(4)
Furniture, except furniture designed and intended to be used outdoors on the premises;
(5)
More than one extension ladder;
(6)
Snowplows; and
(7)
Garbage, waste material or debris of any kind, except for typical household trash or recyclables generated on the premises and stored in approved containers for pickup, and except for temporary storage, stockpiling or composting of leaves and grass clippings generated on the premises.
B.
Tanks for the storage of motor vehicle fuel, including gasoline and diesel automotive fuels and pumps and equipment related thereto, shall be permitted as an accessory use only in the C-1 and C-2 Central Business Zone Districts and the D and E Industrial Zone Districts. All such installations, where permitted, shall comply with all applicable provisions of state law and Borough ordinances. These provisions shall not apply to home heating fuel tanks in residential districts.
§ 270-28 Similarity of residences.
In single-family residence zone districts, no residence shall be constructed which is substantially identical to either of the residences on adjoining lots. When a number of houses are constructed in a subdivision, no two out of any three residences in a row shall be substantially identical. For the purposes of this chapter, single-family residences which are mirror images shall be considered identical, as shall those which are identical except for kind or color of exterior finish or which differ only in exterior dimensions and differ by less than five feet in dimension parallel to the street.
§ 270-29 Keeping of animals.
The raising for sale or keeping of animals is prohibited in all zone districts in the Borough of Allendale, except as provided in Article VIII. This shall not prohibit the keeping of household pets. The keeping of more than four dogs of licensable age shall be presumptive evidence of a commercial use.
§ 270-30 Tennis courts.
[Added 7-28-1983]
Tennis courts in residential districts shall meet the following requirements:
A.
Tennis courts shall be permitted only in connection with a dwelling unit or units erected on the same lot or lots. Tennis courts shall be further permitted on any lot adjoining a lot containing a dwelling, provided that both lots are in common ownership.
B.
Tennis courts, as authorized herein, shall not be used for commercial purposes.
C.
Tennis courts shall be located behind the front setback line of such dwelling to which it is accessory and not closer than 20 feet to either side line, inclusive of fencing, or 25 feet to the rear property line, inclusive of fencing.
D.
In all instances on corner lots, the tennis courts shall not be located any closer than 35 feet to either street.
E.
All fences installed in connection with such tennis courts shall be cyclone-type fencing or equal type of permanent fencing and shall not exceed 10 feet in height as measured from the surface of the tennis court.
F.
Lighting fixtures for tennis courts must comply with the following regulations:
(1)
Such fixtures shall be a minimum of 20 feet from the rear and side lot lines.
(2)
Lighting intensity at property lines shall be a maximum of 0.15 footcandle and shall be conducted in accordance with generally accepted engineering standards, and the measurement of such lighting shall include and be the sum of the combined illumination of the tennis court lighting, other lighting on the premises and lighting from any natural light sources.
(3)
Lighting of tennis courts is prohibited after 10:00 p.m., except on Friday and Saturday evenings, when such lighting shall be permitted until 11:00 p.m.
(4)
Lighting fixtures shall not exceed 15 feet in height and shall be mounted and shielded in such a manner as to prevent the light source being visible off the property.
G.
All applications for permits to install a tennis court shall be made to the Construction Code Official and shall include a detailed plot plan of the entire property showing existing buildings and the proposed tennis court, drawn to scale, with pertinent dimensions and grade elevations shown in figures at the court, building and property lines. The plot plan shall be signed by the owner or his agent or a duly licensed engineer, registered architect or land surveyor of New Jersey. Prior to the issuance of any building permit for installation of a tennis court, the Construction Code Official shall be satisfied that there has been full compliance with all of the requirements pertaining to building permits.
§ 270-30.1 Basketball courts.
[Added 2-28-2002]
A.
Basketball courts in residential districts shall meet the following requirements:
(1)
Basketball courts shall be permitted only in connection with a dwelling unit or units erected on the same lot or lots. Basketball courts shall be further permitted on any lot adjoining a lot containing a dwelling, provided that both lots are in common ownership.
(2)
Basketball courts, as authorized herein, shall not be used for commercial purposes.
(3)
Only one basketball court of the type specified herein shall be permitted per lot.
(4)
Basketball courts shall be located behind the front setback line of such dwelling to which it is accessory and not closer than 20 feet to either side line, and 25 feet to the rear lot line.
(5)
In all instances on corner lots, the basketball court shall not be located any closer than 35 feet to either street.
(6)
Basketball courts shall not exceed the following dimensions: 40 feet long by 35 feet wide.
(7)
Only one basketball goal shall be permitted.
(8)
Lighting for the purposes of playing night basketball is expressly prohibited.
(9)
The construction of proposed basketball courts shall not interfere with existing drainage patterns.
(10)
Basketball courts will be considered as an impervious surface and are subject to bulk regulations pertaining to such.
(11)
All applications for permits to install a basketball court shall be made to the Construction Official and shall include a detailed plot plan of the entire property showing existing buildings and the proposed basketball court drawn to scale with pertinent dimensions and grade elevations shown in figures at the court, building and property lines. The plot plan shall be signed by the owner or his agent or a duly licensed engineer, registered architect or land surveyor of New Jersey. Prior to the issuance of any building permit for installation of a basketball court, the Construction Code Official shall be satisfied that there has been full compliance with all the requirements pertaining to building permits.
B.
This section is intended to apply to freestanding or standalone basketball courts and not driveways on which a basketball goal may be installed.
§ 270-31 Fences.
[Amended 9-25-1986]
A.
Fences within 15 feet of lot lines may be erected to a height of not more than five feet. Beyond 15 feet from a lot line, fences can be erected to a height of not exceeding six feet. Exceptions to these limits may be granted by the appropriate board upon notice and finding of hardship.
[Amended 5-11-2017]
B.
C.
No person shall erect or maintain any type of barbed wire or electrified fence in the Borough. The height of fences on corner lots shall be regulated by the provisions of Chapter 256, Visual Obstructions.
D.
Fences in residential zones shall be installed so that the finished side of the fence faces the street or the neighboring property.
[Added 6-14-2001]
§ 270-32 Swimming pools.
[Added 9-25-1986]
A.
A swimming pool shall be considered a customary accessory use in residential districts and shall be suitably designed and located so as not to become a nuisance or hazard to adjacent property owners or the public.
B.
A swimming pool shall be constructed behind the front setback line and not closer than 20 feet to either side line or 10 feet to the rear property line or 10 feet to any building or accessory structure. It must also be at least 20 feet from any portion of any sanitary sewage disposal system. Notwithstanding the above, for properties located in either the A or B Zones, the side line restriction shall be reduced from 20 feet to 15 feet.
[Amended 5-22-2008; 10-23-2008]
C.
Surface area of the water must not exceed 50% of the rear yard area. The highest surface-water level shall not be higher than 12 inches above the average rear yard grade, except for aboveground pools.
D.
The pool area shall be completely enclosed with a chain-link fence or secure enclosure, or equal, of durable construction with self-closing gates, of the minimum height required by the Uniform Construction Code. Every gate of such fence shall be kept securely locked at all times when the pool is not in use.
E.
The use of the pool shall be for a single, private family and the owner's social guests.
F.
The pool must be of permanent-type construction. Uncovered sand or earth bottoms shall not be permitted. This section does not govern nor regulate a portable wading pool; provided, however, that all the parts for such pool are portable and no part of it is permanently installed and that the pool can hold no more than 1,500 gallons of water.
G.
The immediate area surrounding the pool shall be designed to slope away from the pool so that all surface water will drain away from the pool.
H.
Filters shall be located below ground or in an enclosure not to exceed eight feet zero inches in height, suitably screened from adjacent property, and not closer than four feet to a property line.
I.
Provisions shall be made for drainage of the pool and for backwash water disposal. Effluent may be used upon or in lawns, fields, woods or dry wells, provided that the same does not overflow onto property belonging to others. Water emptied into brooks must have a minimum chlorine residual of 0.1 part per million. Permission for the use of storm sewers or sanitary sewers may be obtained from the Borough upon written application and approval, provided that the applicant agrees to regulations and recurring charges established by the Public Works Department.
J.
Water tests. Pool water shall be tested daily for residual chlorine by the orthotolidine test for chlorine and use of color comparator, which has a set of standards for various chlorine residuals. The residual chlorine content shall range from a minimum of 0.2 to 0.6 part per million at any time the pool is in use. The pH of the pool water shall range from neutral 7.0 to slightly alkaline 7.6.
K.
A cross-connection between the pool and public water system shall not be permitted. A fill pipe, if used, must be a minimum of two pipe diameters above the rim of the pool. A fill line is not required, and the pool may be filled with a hose. Any permanent pipe connection must be inspected by the Plumbing Subcode Official and be in compliance with the Uniform Construction Code.
M.
A bathhouse is not required. Any such construction, including screened enclosure, must conform to accessory building construction defined and governed by this chapter and Chapter 100, Building Construction.
N.
Inspection. Inspection and enforcement as provided for by the terms of this chapter shall be vested in the Subcode Official and the Health Officer of the Board of Health.
O.
Light. No floodlights or lights shall be maintained in such a manner that the source of light is visible from a public street or neighboring property.
§ 270-32.1 Lighting of school athletic fields.
[Added 3-2-2017]
A. ATHLETIC FIELD AREA CERTIFICATE OF FIELD LIGHTING APPROVAL FIELD ANGLE FOOTCANDLE GLARE LIGHT STRUCTURE LIGHT TRESPASS OWNER
Definitions. As used in this section, the following terms shall have the meanings indicated:
For the purposes of this section, an athletic field area is a demarcated field or track area located on school property where school associated or school authorized activities are conducted. An athletic field area shall be lit to a maximum maintained illuminance target of 500 lux horizontal and 150 lux vertical with recommended uniformity ratios as stipulated in Section 35 of "The Lighting Handbook," 10th Edition, by the Illuminating Engineering Society.
A certificate issued by the Borough Zoning Officer for each approval year, in consultation with the Borough Construction Code Official, after submission of a lighting plan prepared by a certified lighting consultant (CLC) meeting the performance standards regulated by this section, which approves and permits the installation, construction and/or use of light structures as permitted in this section. Approval year shall mean the period commencing on July 1 and ending on June 30.
The angle between two planes of light where the intensity is 10%, or less, of the maximum intensity at the center beam.
A measurement of illuminance equal to one lumen per square foot.
The sensation produced by luminance within the visual field that are sufficiently greater than the luminance to which the eyes are adapted, which causes annoyance, discomfort, or loss in visual performance and visibility.
A complete lighting unit consisting of supporting structure(s), lamp(s), ballast(s), and/or power sources, together with the parts designed to distribute the light generated by the lamp(s), to position and protect the lamp(s) and to connect the lamp(s) to a power source, which light structure may be permanent or portable.
The shining of light produced by a light structure beyond the boundaries of the property on which it is located, in excess of the limitations specified by this section.
The party seeking authorization for the school field lighting, as applied to this § 270-32.1 only.
B.
Lighting of athletic field areas by permanent and/or portable light structures shall be subject to the following requirements:
(1)
The minimum distance from any light structure to any front, side or rear property line shall be 45 feet, excluding surface or subsurface electrical conduit. Light structures are accessory structures, not accessory buildings. The requirements of § 270-14 (Accessory buildings) do not apply to light structures.
(2)
The height of any light structure shall not be lower than 35 feet, nor exceed 90 feet, each as measured from grade at the base of said light structure to its highest point.
(3)
The hours of operation for use of any light structure shall be limited as follows:
(a)
Monday through Thursday, 3:00 p.m. until 9:15 p.m.;
(b)
Friday, 3:00 p.m. until 10:00 p.m.;
(c)
Saturday, 12:00 noon until 9:00 p.m., limited to not more than 10 Saturdays per year;
(d)
Use of any light structure shall not be permitted on Sunday with the exception of state and county interscholastic tournaments, in which case the light structures may be used from 12:00 noon until 8:00 p.m.;
(e)
Use of light structures shall not be permitted between December 1 and March 1, and between June 1 and August 15.
(f)
In the event of unforeseen circumstances, including but not limited to overtime, inclement weather or injury, the use of the light structures may be extended for an additional 30 minutes.
(g)
More than one, but no more than two athletic field areas may be illuminated at any one time.
(4)
Light structures shall use cutoff or directional shielding and all lamps shall be aimed toward the athletic field area so as to minimize glare and light trespass onto adjacent properties. The upper limit of the field angle shall be no more than 80° above nadir.
(5)
Light trespass created by the light structure, shall not exceed 0.25 vertical footcandles at any adjacent residential property line calculated vertically at five feet above grade. Calculated light levels shall reflect buffering associated with existing or proposed vegetation, structures and fences. All buffering, vegetation, light structures and fences shall be maintained by the owner.
(6)
A minimum aggregate lot area of 10 acres.
(7)
To the extent required to comply with this section, the owner shall provide a buffering plan to be utilized to meet the performance requirements set forth herein.
(8)
Opaque fencing to a height of not more than eight feet shall be permitted up to an exterior lot line to meet the light trespass requirements of this section.
(9)
In the event that the owner relocates a portable light structure from the location specified in its application for a certificate of field lighting approval, it shall be required to submit an amended lighting plan certifying that the relocated light structure complies with all requirements of this section.
C.
Review process.
(1)
A certificate of field lighting approval shall be required prior to the installation, construction and/or use of any light structure regulated herein. Additionally, an annual certificate of field lighting approval shall be required prior to the use of any light structure each approval year. Site plan approval and land use board review is not required for the installation, construction and/or use of light structures as permitted in this § 270-32.1, unless a variance is required from the provisions of this § 270-32.1 in connection with the use of a light structure. The Borough Zoning Officer shall render a determination on any application within 21 days of receipt of a completed application.
(2)
The owner shall provide a lighting design and custom lighting aiming plan prepared by a certified lighting expert specific to the athletic field area where the light structures are to be used. All proposed light levels shall properly incorporate impacts associated with existing and proposed buffering.
(3)
A certificate of field lighting approval shall be required for each light structure regardless of whether or not it is temporary or permanent in nature. Once a certificate of field lighting approval is issued, the light structure may be utilized on the property as provided in this § 270-32.1 for the approval year for which the certificate was issued. Should a change in equipment be desired following the issuance of a certificate, it may be amended by an updated certificate application submitted to the Borough Zoning Officer for approval.
(4)
The following shall be submitted to and approved by the Borough Zoning Officer prior to the issuance of a certificate of field lighting approval:
(a)
A certificate of compliance submitted by a certified lighting consultant on behalf of the owner certifying that the light structures comply with all provisions of this § 270-32.1.
(b)
A certification from a licensed structural engineer or a qualified engineer certifying as to the safety of the light structures.
(c)
A description of outdoor light fixtures including component specifications such as lamp type and wattage, reflector, optics, angle of cutoff, supports, poles and including manufacturer's catalog information.
(d)
A plan at a defined scale of the school tract with the tract boundary and fields to be illuminated showing the boundary limits of where the light structures will be utilized.
(e)
An application fee of $100 for each lighting plan submitted pursuant to this chapter.
D.
Ongoing compliance. Usage of light structures during each year of issuance of a certificate of field lighting approval is contingent upon ongoing compliance with all provisions of this section.
E.
Penalties. Failure to comply with the provisions of this § 270-32.1 may result in such fines as are set forth in § 1-18 of the Borough Code and/or revocation of the certificate of field lighting approval. In the event of a revocation of the certificate of field lighting approval, the use of any light structure shall not be permitted until such time as a new certificate of field lighting approval is issued by the Borough Zoning Officer, in consultation with the Borough Construction Code Official.
§ 270-33 Awnings, canopies and marquees.
[Added 4-11-1991; amended 7-25-2019; 10-26-2023 by Ord. No. 23-16]
A. AWNING CANOPY or MARQUEE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any structure of any material with an extendable or retractable frame attached to a building or structure and projecting over a public or quasipublic right-of-way or sidewalk which is so constructed as to rest against the building when not in use.
Any structure of any material of a permanent or fixed construction which is attached to a building or structure and which permanently extends over a public or quasipublic right-of-way or sidewalk.
B.
Site plan application.
(1)
Awnings, canopies and marquees are deemed to be structural components of any building, and no site plan approval for any building or structure shall be granted until the applicant has set forth the information required by Subsection E, Permit procedure, and presented to the Land Use Board plans setting forth how the same shall be located upon the building or structure to which it is to be attached so that the Land Use Board may determine and ensure compliance with the requirements of this chapter.
(2)
No modification, repair (other than normal maintenance), reconstruction, relocation or alteration of a structure or structural component of an existing awning, canopy or marquee shall be permitted unless an application has been filed and presented to the Construction Code Official for approval, setting forth the information required by Subsection E, Permit procedure, and how the same shall be located upon the building or structure to which it is to be attached so that the Construction Code Official may determine and ensure compliance with the requirements of this chapter.
C.
Prohibitions.
(1)
No structural support may extend from the building above the top surface of the awning, canopy or marquee.
(2)
No awning, canopy or marquee shall be of more than three colors, inclusive of any color used for the permitted lettering or logo. White and black shall be deemed to be colors.
(3)
No lettering, signs, symbols or logos are permitted on any part of the awning, canopy or marquee, except that lettering constituting the name of the business conducted on the premises and/or a logo symbol shall be permitted and such name and/or logo symbol shall be deemed to be a sign. Address number(s) shall be required.
(4)
No lettering, logo or symbol identifying the business shall exceed 12 inches in height. The address numbers shall not exceed six inches and be located within the bottom 1/3 of the awning, canopy or marquee. Any business identifying lettering, logo or symbol existing as of July 1, 2019, on any existing awning, canopy or marquee shall be exempt from any height restrictions set forth in this Subsection C(4); provided, however, that any modification, repair, reconstruction, relocation or alteration of such preexisting lettering, logo or symbol after July 1, 2019, shall be subject to the foregoing limitations of this subsection.
(5)
No awning, canopy or marquee shall be permitted which will be in such a form or presented in such a manner as may confuse or dangerously distract motorists within view thereof.
(6)
No awning, canopy or marquee shall be constructed in such a manner so as to permit the framework or structure to be viewed from either end, and, where necessary, the ends shall be enclosed with the same material used to construct the canopy or awning.
(7)
No awning, canopy or marquee shall be backlighted or be constructed of any material which permits the passage of light or allows light to be seen through the material so as to illuminate the exterior of the awning, canopy or marquee.
(8)
No awning, canopy or marquee shall be permitted to extend above the height of the first floor in a two- or more story building, or 15 feet in a one-story building, except that individual awnings, canopies or marquees may be erected over windows located on floors above the first floor.
(9)
No awning, canopy or marquee shall be supported from the ground where such support rests upon or interferes with public property or a public right-of-way.
(10)
No awning, canopy or marquee shall be affixed to any commercial building or structure in any zone district so as to have a minimum height of less than seven feet from the ground at any point; nor shall any awning extend more than five feet from the building or structure to which it is attached or four feet in the case of a canopy or marquee.
D.
Maintenance.
(1)
All awnings, canopies or marquees shall be maintained in a clean and neat-appearing condition, and such maintenance, where applicable, shall include (i) regular cleaning, which cleaning should include power-washing to remove mildew, dirt, bird droppings, mold stains and other such substances; and (ii) removal and repainting of any chipped or blistered paint or replacement of fabric or material which is cracked, torn, ripped or otherwise disintegrating.
(2)
Any awning, canopy or marquee which no longer identifies a bona fide business shall be taken down and removed or modified by the owner of the premises within 30 days after such business has ceased, and any permits or approvals therefor shall be deemed to have expired at such time.
(3)
If the Construction Code Official finds that any awning, canopy or marquee has been erected in such a manner or has deteriorated to such a degree as to be unsightly or to constitute a hazard to the general public, the hazard shall be eliminated within 24 hours and the awning, canopy or marquee shall be removed or repaired to the satisfaction of the Construction Code Official within seven days after written notice of such condition has been served upon the owner, owner's agent, lessee or occupant. Failure to comply therewith shall be a violation of this Zoning Code and subject the offender to its penalties.
E.
Permit procedure.
(1)
No awning, canopy or marquee (unless otherwise specifically provided herein) shall be erected without first having obtained a permit from the Construction Code Official and, whenever necessary, an approval as required herein by the Land Use Board. Applications for said permit shall be made in writing and shall set forth the following information:
(a)
The name, address and telephone number of both the applicant and the owner of the premises.
(b)
The location of the building upon which the awning, canopy or marquee is to be erected.
(c)
The proposed location and position of the awning, canopy or marquee, including its relationship to adjoining buildings or structures, height from grade and distance from property line located on a survey.
(d)
A sketch or drawing showing all dimensions, coloration and lettering.
(e)
Materials and details of construction.
(2)
Application for a permit for the erection of an awning, canopy or marquee shall be to the Construction Code Official. Where the awning, canopy or marquee is a new part of the structure of the building and the subject of a site plan application or where the structure or canopy has been altered, relocated or otherwise reconstructed and is the subject of an amended site plan, prior approval from the Land Use Board is required. Nothing herein shall prevent the Land Use Board from reviewing such information as it deems necessary with regard to any application before it to ensure compliance with the provisions of this chapter and any other applicable ordinance.
(3)
The normal maintenance, cleaning and repair of an awning, canopy or marquee shall not require a permit.
(4)
Any approvals granted by the Land Use Board under the provisions of this section may, at the option of said Board, be specifically conditioned upon the approval of the Construction Code Official.
§ 270-33.1 Business insurance registration.
[Added 10-3-2024 by Ord. No. 24-16]
A.
Business insurance registration required. It is unlawful for any owner of a business, owner of a rental unit or units, or the owner of a multifamily home of four or fewer units, one of which is owner-occupied, to operate within the Borough without first registering its certificate of insurance demonstrating compliance with Section 1 of P.L. 2022, c. 92.[1]
[1]
Editor's Note: See N.J.S.A. 40A:10A-1 et seq.
B.
Entities covered by this chapter. The following entities are required to register their certificate of insurance under this chapter:
(1)
Businesses, which shall mean any person intending to sell or dispose of or to offer to sell or dispose of any goods, wares, merchandise or render any services for fees within the Borough. This shall include businesses operating on a temporary basis within the Borough, such as peddlers, solicitors, and transient vendors licensed pursuant to Borough Code Chapter 194 and temporary retail food establishments and mobile food units, including those licensed pursuant to Borough Code Chapter 210.
(2)
Owners of single rental dwelling units.
(3)
Owners of multiple dwelling rental units.
(4)
Owners of multifamily homes that include rental units, even where one unit is owner-occupied.
C.
Registration official. The Borough Clerk shall accept, approve, and file registration applications, and collect registration fees hereunder.
D.
Registration; fees; expiration; renewal. Owners of business or rental units subject to the minimum liability insurance requirements set forth in this chapter must annually register with the Borough of Allendale and provide a compliant certificate of insurance issued by the owner's insurance company. To complete the annual registration, the owner must file with the Municipal Clerk a completed registration, along with a copy of the required insurance certificate and an administrative fee of $25. The registration shall be in such form and shall include such information as is required by the Municipal Clerk. Annual registrations shall be due by January 31 of each calendar year, or within 30 days of registering the business or obtaining ownership of the rental units. The insurance registry is only valid for a term of one calendar year, and expires on December 31 of the year that the registration was submitted.
E.
Application and insurance requirements. An application for a business insurance registration shall be filed with the Borough Clerk upon forms provided by the Borough Clerk. It shall contain the following information:
(1)
Name and address of the applicant. If the applicant is a corporation, the name and address of its registered agent.
(2)
The address of the rental dwelling units or business as applicable. If the registration applies to a transient business or a mobile food unit, a general description of the time frame for operation and area where the business will be operated.
(3)
A certificate of insurance reflecting the following amounts of insurance in compliance with P.L. 2022, c. 92.[2]
(a)
Except as provided in Subsection E(3)(b) of this section, the owner of a business or the owner of a rental unit or units shall maintain liability insurance for negligent acts and omissions in an amount of no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.
(b)
The owner of a multifamily home, which is four or fewer units, one of which is owner-occupied, shall maintain liability insurance for negligent acts and omissions in an amount of no less than $300,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.
[2]
Editor's Note: See N.J.S.A. 40A:10A-1 et seq.