Boonton City Zoning Code
ARTICLE XVIII
General Provisions
§ 300-69 Applicability of regulations.
No land or premises shall be used and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein, for the zone district in which it is located, and all construction shall be in conformity with the regulations provided for the zone district in which such building or premises is located.
§ 300-70 Provisions applicable to all zones.
Each of the sections and provisions of this article shall apply to all zone districts unless otherwise stated.
§ 300-71 Construction permits and construction plans.
A.
No building or structure or part thereof shall be constructed, reconstructed, structurally altered or moved until the appropriate construction permit has been procured from the Construction Code Official.
B.
No construction permit shall be issued for the erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter.
C.
A record of all applications, plot plans, permits and fees shall be kept by the Construction Code Official.
D.
Prior to the issuance of a permit for the erection of any new structure or addition to an existing structure, a lot grading plan, drawn in accordance with the details required by § 300-43D(14), shall be submitted to and approved by the Construction Code Official.
§ 300-72 Certificates of occupancy.
A.
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Construction Code Official, the Zoning Officer or the Health Inspector (as appropriate):
B.
Application for a certificate of occupancy, on a form furnished by the Construction Code Official, for a new building or for an existing building which has been altered, shall be made after erection of the building or part thereof has been completed in conformity with the provisions of this chapter and the Uniform Construction Code[1] and, in the case of a new building, shall be accompanied by an accurate survey prepared by a land surveyor licensed by the State of New Jersey showing the location of all buildings as built. The certificate shall be issued within 10 days after receipt of the application, but only provided that all requirements of this chapter and of all other applicable codes and ordinances in effect are complied with.
C.
If the proposed use is in conformity with the provisions of this chapter and of all other applicable laws and ordinances, a certificate for the use of vacant land or for a change of use of a nonconforming use shall be issued by the Construction Code Official within 10 days after receipt of a written application therefor. If a certificate of occupancy is denied, the Construction Code Official shall state the reasons in writing.
D.
Application for a certificate of occupancy for a change of ownership or occupancy in existing buildings shall be made to the Construction Code Official, the Zoning Officer or the Health Inspector. A certificate of occupancy shall be issued if the premises and the proposed new occupancy are in compliance with applicable statutes, regulations and ordinances, including the following:
F.
The certificate shall specify each condition or use not conforming to this chapter.
G.
The appropriate official shall issue such a certificate if inspection establishes that no provision of this chapter has been violated.
H.
A record of all certificates of occupancy shall be kept in the office of the Construction Code Official and copies shall be furnished on request to any agency of the Town or to any persons having a proprietary or tenancy interest in the building or land affected.
§ 300-73 Existing platted lots.
A.
Any lot or plot as recorded at the time of passage of this chapter that fails to comply with the minimum requirements of this chapter may be used for any use not otherwise prohibited in such district in which it lies, provided that all of the following requirements are complied with:
§ 300-74 Required area or space.
No lot, yard, parking area or other space shall be so reduced in area or dimension as to make the area or dimension less than the minimum required under this chapter. If already less than the minimum required under this chapter the area or dimension shall not be further reduced.
§ 300-75 Corner lots.
[Amended 7-18-2005 by Ord. No. 20-2005]
On a corner lot, the existing or proposed front of a building facing the street shall be considered the front yard in terms of required setback. All other streets shall be considered side streets for the purpose of determining minimum setback requirements. (See Schedule of Zoning Requirements included as an attachment to this chapter.) The yard lying opposite the front yard shall be deemed the rear yard.
§ 300-75.1 Orientation of buildings.
[Added 7-18-2005 by Ord. No. 20-2005]
A.
Within the B-1, B-2, B-3, B-4, C-1 and C-2 Districts, every building hereafter constructed, erected or placed for a use as permitted by this chapter shall face or front said building upon an approved public street.
B.
Within the B-5 District, every building hereafter constructed, erected or placed for a use as permitted by this chapter shall face the interior portions of the particular development, provided that each such building with the rear wall facing a public right-of-way or residential district shall be suitably screened.
C.
Within the I-1 and I-2 Districts, every building hereafter constructed, erected or placed for a use permitted by this chapter shall face or front upon an approved public or private street, or common access driveway. Any building with the rear wall facing a public-right-of-way or residential district shall be suitably screened.
D.
Within all single- and two-family residential districts, every building containing a dwelling unit hereafter constructed, erected or placed for a use permitted by this chapter shall face or front upon an approved public street.
E.
Within all multifamily residential districts, each building containing a dwelling unit hereafter constructed, erected or placed for a use permitted by this chapter shall face or front upon an approved public or private street.
§ 300-76 Principal building.
No lot shall contain more than one principal building except as follows:
A.
Apartments, townhouses, low and moderate income housing and housing for the elderly as hereinafter permitted in this chapter.
B.
Designed shopping centers as permitted in the B-3 District.
C.
Principal buildings in the C-1, C-2, I-1 and I-2 Districts, provided that:
(1)
The buildings serve the same principal use, except that in the I-1 District more than one principal building, each serving a different use, is permitted, provided that each building and off-street parking facilities accessory to it are so located that a separate lot containing them and meeting all other requirements of this chapter can be created.
(2)
The buildings conform to the requirements for principal buildings.
(3)
The minimum distance between the buildings is twice the minimum side yard requirement for the zone district.
D.
Where not provided above or elsewhere in this chapter, the distance between principal buildings shall not be less than the height of the shorter building, but in no event less than 10 feet.
§ 300-77 Accessory buildings or structures.
Unless otherwise regulated in this chapter:
A.
Accessory structures in nonresidential zones shall not exceed a height of 1/2 the permitted height of a principal building. In the R-1 Zone, accessory structures shall not exceed 800 square feet in total area or fifteen feet in overall height; and in R-2 and R-3 Zones, accessory structures shall not exceed 600 square feet in overall area or fifteen feet in overall height.
[Amended 11-18-2002 by Ord. No. 19-2002]
B.
Accessory structures shall meet the front yard setback required for principal buildings.
C.
Accessory structures on corner lots shall meet the setback from the side street required for principal buildings.
D.
Accessory structures erected within the side yards shall meet the side yard setback required for principal buildings.
E.
Accessory structures shall not be closer than five feet to a rear lot line, except that in the B-3, C-1, C-2, I-1 and I-2 Zones, accessory structures shall not be located closer to a rear lot line than the minimum required side yard distance.
F.
Accessory structures in rear yards shall not be closer than five feet to a side lot line, except that on lots less than 60 feet in width accessory structures need not set back more than three feet from a side lot line, and further excepting that in the B-3, C-1, C-2, I-1 and I-2 Zones, accessory structures shall not be located closer to a side lot line than the minimum required side yard.
G.
Unless attached to and, therefore, part of a principal building, an accessory structure shall not be closer to a principal building than one foot for each five feet in height, but in no event less than six feet.
H.
Unless attached to and therefore part of another accessory structure, an accessory structure shall not be closer to another accessory structure than one foot for each five feet in height, but in no event less than six feet.
§ 300-78 Subdivision of lot.
[Amended 7-18-2005 by Ord. No. 20-2005]
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. Subdivisions shall be effected in accordance with Part 3 of this chapter. Flag lot configurations shall be prohibited.
§ 300-79 Site plan approval.
Prior to the issuance of a building permit for any development other than a one-family or two-family dwelling on an individual lot and prior to the issuance of a certificate of occupancy for a change in use category, site plan approval shall be obtained in accordance with Part 3 of this chapter.
§ 300-80 Garages in residence districts.
No building permit shall hereafter be granted for the erection of a one- or two-family dwelling unless adequate space has been provided for the construction of a garage, carport or approved shelter for motor vehicles connected by an adequately surfaced driveway to the adjacent street, road or land.
§ 300-81 Parking of commercial vehicles in residential districts or zones.
[Added 4-20-2009 by Ord. No. 7-2009]
It shall be unlawful to park any of the following on a lot in a residential district or zone:
A.
More than two commercial vehicles out of doors. No commercial vehicle shall be parked in the required front yard of the nondriveway area of the respective residential district or zone.
B.
No more than two commercial vehicles owned or used by a resident of any premises may be parked on each lot in a residential district or zone. Over two commercial vehicles shall be kept in a garage.
C.
It shall be unlawful to park any vehicle, at any time, on a lot in a residential district or zone, which contains hazardous or dangerous materials requiring DOT warning placards to be displayed on said vehicle.
D.
None of the foregoing provisions shall be construed to limit the number of vehicles used on a farm or require the garage of such farm vehicles.
E.
Any motor vehicle that requires a commercial driver's license to operate.
F.
Any motor vehicle in excess of 22 feet as measured bumper to bumper.
G. COMMERCIAL VEHICLE(1) (2) (3) RESIDENTIAL DISTRICT OR ZONE LOT IN RESIDENTIAL DISTRICT OR ZONE GARAGE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any motorized vehicle registered with commercial plates. Examples of vehicles registered with commercial plates include, but are not limited to: OL plates, taxi plates, livery plates, T&LC plates, school vehicle plates, and others. Vehicles displaying municipal (MG), county (CG) or state (SG) plates or (NF) no-fee plates are exempt from the requirements of this section.
Any vehicle required to display DOT warning placards.
A trailer or wheeled platform used in the pursuit of any enterprise to transport any material which is connected to and pulled by a motorized vehicle without which said trailer would be unable to transport itself or the materials contained within. Any trailer in excess of 22 feet as measured from tip of hitch to rear of frame. Any trailer containing hazardous or dangerous materials requiring DOT warning placards to be displayed on said trailer. Said vehicles shall be counted as one commercial vehicle.
As contained in the Town of Boonton Zoning and Land Use Code and detailed on the Zone Map of Town of Boonton.[1]
The actual property that a particular residence is built on in a residential district or zone.
A permanent structure that is part of an existing residence or a standalone permanent structure that complies with the Town of Boonton Zoning and Land Use Code for a particular residential zone or district.
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
§ 300-82 Yards.
Every lot must provide front, rear and side yards as required by its zone district. All front yards must face upon a dedicated public street or a private street. On streets less than 50 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet. If a width greater than 50 feet is shown on an adopted master plan or official map, the required front yard shall be increased by 1/2 the difference between the width of the street and the greater width. Notwithstanding the foregoing provisions, where existing buildings in the R-1 (A, B and C), R-2 (A and B), R-3 (A and B) and B-4 Districts and in the same block and within 200 feet from an established setback, new buildings shall conform to such established line, provided no front yard shall be reduced by more than 10 feet nor need be increased more than 10 feet.
§ 300-83 Permitted uses.
Where a use is not specifically permitted in a zone district, it is prohibited.
§ 300-84 Requirements to be met on lot and within zone district.
[Amended by Ord. No. 31-95; Ord. No. 3-98]
Unless otherwise provided herein, all yards, open spaces and off-street parking must be contained on the lot and within the zone district in which the use is located. Notwithstanding these limitations, off-street parking serving a use on one nonresidential zone may be located in or extend into an adjoining property located in another nonresidential zone provided the following conditions are met:
A.
The parking shall not extend beyond the property it serves into the adjoining zone by more than 100 feet.
B.
Ingress and egress to said parking shall be located within the zone in which the use is located, provided, however, that this requirement shall not apply where the lands involved are located in a different municipality.
§ 300-85 Affordable housing mandatory set-aside. [1]
[Added 8-20-2018 by Ord. No. 17-2018]
A.
Any multifamily and/or townhouse residential development (including the multifamily residential portion of a mixed-use project) that is approved to contain five or more new dwelling units as a result of a subdivision or site plan approval, rezoning, use variance, redevelopment plan or rehabilitation plan approved by the Town or the Planning Board shall be required to set aside a minimum percentage of units for affordable housing.
[Amended 3-16-2020 by Ord. No. 01-2020]
B.
For inclusionary projects in which the low and moderate units are to be offered for sale, the minimum set-aside percentage shall be 20%; for projects in which the low- and moderate-income units are to be offered for rent, the minimum set-aside percentage shall be 15%. Where the set-aside percentage results in a fractional unit, the total set-aside requirement shall be rounded upwards to the next whole number.
C.
Nothing in this section precludes the Town or the Planning Board from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to this section consistent with N.J.S.A. 52:27D-311, Subdivision h, and other applicable law.
D.
This requirement does not create any entitlement for a property owner or applicant for subdivision or site plan approval, a zoning amendment, use variance, or adoption of a redevelopment plan or rehabilitation plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.
E.
This requirement does not apply to any sites or specific zones for which higher set-aside standards have been or will be established, either by zoning, subdivision or site plan approval, or an adopted redevelopment plan or rehabilitation plan.
F.
Furthermore, this requirement shall not apply to developments containing four or fewer new dwelling units.
G.
Where a developer demolishes existing dwelling units and builds new dwelling units on the same site, the provisions of this section shall apply only if the net number of dwelling units is five or more.
H.
All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this section.
I.
All affordable units to be produced pursuant to this section shall comply with the Town's Affordable Housing Ordinance at Chapter 70 of the Town Code and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), as may be amended from time to time.
J.
Affordable housing stacked townhouse unit, defined as a townhome in which one unit is "stacked" on top of the other, up to three units total, shall be permitted only for the provision of designated affordable housing units and only in zone districts where townhouses are permitted. Each of the units in a stacked townhome must have its own exterior entrance and adhere to the density, yard, and bulk standards of a regular townhouse unit as permitted in the applicable zone district, except as follows:
[Added 3-16-2020 by Ord. No. 01-2020]
(1)
Stacked affordable townhouse units shall be subject to the same maximum height in feet as regular townhouse units in the applicable zone district, but shall be permitted up to a maximum of three stories, unless a higher maximum height in stories is permitted for regular townhouse units in the applicable zone district.
(2)
Structures containing stacked affordable townhouse units shall not be limited to a maximum number of units per building.
(3)
Structures containing stacked affordable townhouse units shall not be limited in terms of the maximum number of units with the same setback.
[1]
Editor's Note: Former § 300-85, Transition zoning, was repealed 7-18-2005 by Ord. No. 20-2005.
§ 300-86 Nature and extent of uses of land.
The control and regulation of the uses of buildings and structures as herein provided shall equally apply to the nature and extent of the use of the land.
§ 300-87 Height exceptions.
The height provisions of this chapter shall not apply to the erection of church spires, belfries, towers designed exclusively for ornamental purposes, chimneys, flues, or similar appurtenances. The height provisions of this chapter shall, moreover, not apply to bulkheads, elevator enclosures, water tanks or similar accessory structures occupying an aggregate of 10% or less of the area of the roof on which they are located; and further provided that such structures do not exceed the height limit by more than 10 feet. Nothing in this chapter shall prevent the erection above the height limitation of a parapet wall or cornice extending above such height limit not more than three feet.
§ 300-88 Lot grading.
Prior to the erection of any new structure or addition to an existing structure, lot grading plans shall be submitted to the Construction Official in accordance with the requirements of § 300-43D(14).
§ 300-89 Dedication of right-of-way.
When additional right-of-way along an existing street is dedicated upon request of the Planning Board or the Board of Aldermen, the required minimum lot size of any lot fronting on the portion of the street where said additional right-of-way is being dedicated may be reduced by the area so dedicated. The lot shall be exempt from any lot size or dimension requirement of this chapter to the extent that such dedication created a violation of any such lot size or dimension requirement.
§ 300-90 Temporary permits.
A temporary permit for a storage shed or wheel based or transportable structure for use as an office, storage of building supplies, and assembly of building materials incidental to and in connection with a permitted construction project or building on the property. Such structure shall not be located so as to be detrimental to any adjoining property and shall be removed from the site prior to the issuance of a certificate of occupancy for the permitted construction project or building.
§ 300-91 Building lot to abut a street.
A.
No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such street shall have been duly placed on the official map or shall be:
(1)
An existing state, county or municipal street or highway.
(2)
A street shown upon a plat approved the Planning Board.
(3)
A street on a plat duly filed in the office of the County Recording Officer prior to the passage of an ordinance under this act or any prior law which required prior approval of plat by the governing body or other authorized body.
B.
Before any such permit shall be issued, such street shall have been certified to be suitably improved to the satisfaction of the governing body, or such suitable improvement shall have been assured by means of a performance guaranty, in accordance with standards and specifications for road improvements approved by the governing body, as adequate in respect to the public health, safety and general welfare of the special circumstances of the particular street.
§ 300-92 Extensions into yards.
[Amended by Ord. No. 5-94]
No part of any building shall extend more than one foot beyond the foundation into any required yard except the following which shall not extend more than two feet beyond the foundation into any required yard:
A.
Roof overhangs.
B.
Bay or bow windows.
C.
Steps, except that front steps shall not extend more than five feet into the required front yards, but nothing in this provision shall be read to restrict the right to provide ramps and other reasonable means of access for the handicapped consistent with the Federal Fair Housing Act, 42 U.S.C.A. § 3601 et seq.
D.
Chimneys.
E.
Decks and platforms, when attached to a principal building, shall be subject to all setback requirements for the principal building. Freestanding decks and platforms, as well as those attached to an accessory building, shall be subject to all setback requirements for accessory buildings and structures.
[Amended 9-16-2024 by Ord. No. 19-24]
§ 300-93 Fences and walls.
[Amended by Ord. No. 15-94; 7-18-2005 by Ord. No. 20-2005; 9-16-2024 by Ord. No. 19-24]
Any fence hereafter erected shall be subject to the following conditions:
A.
Permit; fee. No person shall erect a fence without first obtaining a permit from the Town Official Zoning Officer. All applications for a fence permit shall be submitted on forms issued by the Town and shall include a current survey showing the location of existing buildings and existing and proposed fences. All applications shall be accompanied by the appropriate fee provided therefor by Chapter 87, Building and Housing. The Zoning Officer shall issue the permit if the proposed fence meets all of the requirements of this subsection. All fences shall be constructed in accordance with the approved plans. Within seven days after completion of construction, the applicant shall notify the Zoning Officer, who shall inspect the completed fence to ensure compliance with this subsection.
B.
Bulk requirements.
(1)
No fence shall be erected within 25 feet of the intersection of any two street right-of-way lines.
(2)
Except as provided hereinbelow in Subsection B(3), no fence, excepting a retaining wall, exceeding three feet in height above curb level, shall be erected within 25 feet of a street right-of-way line.
(3)
A fence or wall may be erected in a side yard or in a rear yard. In the case of a lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot, a fence exceeding three feet in height may be located within the twenty-five-foot buffer required in Subsection B(2) above, other than the buffer along the street upon which the building faces, provided all of the following requirements are met: The fence will not obstruct traffic line-of-sight or interfere with sight distance.
C.
Maximum height.
(1)
In the R and B Zones, no fence or wall shall exceed a height of six feet above ground level.
(2)
In the C and I Zones, no fence or wall shall exceed a height of eight feet above ground level.
(3)
The limitations in Subsection B(1) above shall not prevent the erection of an open wire fence, not exceeding eight feet above ground level, on any public property.
(4)
Where a fence, guard rail or wall is erected above a wall, the combined height of the fence, guard rail or wall and wall measured on either side shall not exceed the foregoing height limits, except that the height limits may be exceeded by one foot for each foot of separation between the fence and wall.
D.
Miscellaneous provisions.
(1)
No fence shall be erected so as to create a safety hazard or sight problem for vehicle or pedestrian traffic.
(2)
Any fence facing on a street or property line shall have the front surface exposed to the street or property line.
(3)
Retaining walls. The location, height, construction and drainage provisions of retaining walls in excess of three feet in height shall be subject to approval by the Town Engineer.
(4)
Terraced retaining walls involving more than one section of wall above or below each other shall be construed as one wall unless the base of the upper wall is separated from the face of the lower wall by at least the height of the lower wall, measured horizontally.
(5)
If a retaining wall is permitted by variance to exceed the maximum permitted height, the Board granting the variance may require an appropriate guard rail, fence or wall in order to protect persons from falling over the edge of the retaining wall.
(6)
New fences may not be placed directly next to existing fence that will be left in place. In this case, old fencing must be removed, except that when two independent property owners install fencing under a separate permit, fences may be permitted to be back to back.
§ 300-94 Sexually oriented businesses.
Notwithstanding any less restrictive provision of this chapter, the following provisions shall apply to sexually oriented businesses in the Town; provided, however, that in case of conflict between the provisions of this subsection and any other provision of this chapter, the more restrictive provision shall apply:
A.
No person shall operate a sexually oriented business within 1,000 feet of any existing sexually oriented business or any church, synagogue, temple or other place of public worship or any elementary or secondary school or any school bus stops or any municipal or county playground or place of public resort and recreation or within 1,000 feet of any area zoned for residential use.
B.
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence or other physical divider along the outside of the perimeter.
C.
No sexually oriented business shall display more than two exterior signs consisting of one identification sign and one sign giving notice that the premises are off limits to minors. The identification sign shall be no more than 40 square feet in size.
§ 300-94.1 Steep slope regulations.
[Added 4-6-2009 by Ord. No. 6-2009; amended 5-18-2009 by Ord. No. 12-2009; 12-5-2011 by Ord. No. 21-2011; 7-17-2017 by Ord. No. 12-2017]
A.
Applicability. The provisions of this regulation shall apply to the following:
(1)
All subdivisions and site plans on steep slopes and all approvals thereof.
(2)
All new construction on steep slopes, including principal building additions or accessory structures, which exceeds 200 square feet of building area.
(3)
All new impervious surfaces on steep slopes which exceed 200 square feet in area, including patios, driveways, parking areas, etc.
(4)
All grading or removal of vegetation on steep slopes which exceeds 1,000 square feet in area.
B.
Disturbance of land containing slopes over 15% shall be limited as per the following table, based on two-foot contour intervals, as shown on a slope analysis map. The slope analysis map shall be prepared by a licensed land surveyor or licensed engineer based on a topographic survey, shall be drawn at a scale of one inch equals 20 feet and shall identify by shading and numerical calculations all areas of the lot in the various slope categories.
Maximum Slope Disturbance per Lot, Tract or Parcel Shall Not Exceed the Following: | ||
|---|---|---|
Slope Category | Percent of Category | Square Feet |
15% to 19.99% | 40% | 1,500 |
20% to 24.99% | 20% | 1,000 |
25% to 29.99% | None | 500 |
30% or greater | None | 250 |
C.
Landscaping and revegetation plan.
(1)
Where disturbance of pre-development slopes of 15% or more is proposed, a landscaping plan for the revegetation of the steep slopes disturbed on the lot shall be submitted to the Land Use Board, Town Planner, or Town Engineer, as the case may be. The landscaping plan shall accompany any application to the Land Use Board or application for a land disturbance permit. The landscaping plan shall include a complete existing conditions plan showing the locations of all existing vegetative types, including meadow, forest and scrub lands, and shall identify the locations, size, and species of each type of tree, shrub, or other type of vegetation to be removed and the locations, size, and species of each type of tree, shrub, or other type of vegetation to be preserved. Wherever feasible, natural vegetation shall be retained and protected
[Amended 9-16-2024 by Ord. No. 19-24]
(2)
The landscaping plan shall identify the proposed final plant cover(s) and such plant cover(s), including lawns, and ground covers, shall be installed prior to the issuance of a certificate of occupancy. In the event that the final plant cover cannot be installed because of weather conditions, the installation thereof shall be enforced by appropriate provisions in a bond or other surety and an improvement agreement. In such case, temporary protective measures shall be installed in accordance with the requirements of the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee and shall be maintained until such time as the permanent protective measures can be installed.
(3)
The Land Use Board, Town Planner or Town Engineer, as the case may be, may seek the advice of a consultant landscape architect in reviewing the landscaping plan.
D.
Conservation easements. Lands to be preserved as open space due to the presence of steep slopes may be offered for dedication to the municipality, a private land trust, a nonprofit agency in order to preserve and maintain the area in its natural state. Portions of any individual lot that are required to be left undisturbed by the terms of this section are encouraged to be permanently protected by a conservation easement in favor of the Town of Boonton.
§ 300-94.2 Usable lot area regulations for residential uses in R-1, R-2, R-3, B-4 and R-1E Districts and use.
[Added 4-20-2009 by Ord. No. 4-2009; amended 5-18-2009 by Ord. No. 12-2009; 12-5-2011 by Ord. No. 20-2011]
The building envelope of a lot, parcel or tract shall be free of the following critical environmental characteristics: wetlands, wetland transition, flood hazard area, pre-development slopes of 25% or more, C-1 Category stream buffer, riparian buffers and easements that restrict development.
A.
Existing residential lots, at the time of adoption of this section, that contain critical environmental characteristics within the building envelope shall be able to modify existing buildings or create new buildings, provided that:
B.
Proposed new residential lots shall have the required usable lot area. Proposed new residential lots that do not have the required usable lot area shall enlarge the building envelope area equal to the area (square footage) of the critical environmental characteristic.
C.
Example: Building envelope contains 5,000 square feet; within that area, 500 square feet is steep slopes. The building envelope shall be increased 500 square feet to 5,500 square feet.
§ 300-94.3 Signage.
[Added 9-16-2024 by Ord. No. 19-24]
Signage shall be regulated pursuant to provisions included in Chapter 233, Signs.