Fair Lawn, NJ Zoning Ordinance

Except for lots which have been legally created since adoption of this chapter, whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law and one or more of said individual lots does not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of said owner shall be considered a single lot.

Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the municipality in order to meet the minimum street width requirement of the Official Map or Master Plan of the Borough, the construction official shall issue building and occupancy permits for the lot whose depth and/or areas are rendered substandard because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

In any nonresidential zone, an existing detached single-family residence, together with any permitted accessory uses, may be altered on a nonconforming lot of record without a variance, provided that the following provisions are met:

The lot and use was a preexisting nonconforming lot and use as of the date of the adoption of this chapter and the owner does not own any adjoining contiguous land.

The lot meets the requirements set forth in § 125-12.

The applicant shall present an affidavit stating that the owners of the adjoining lots are unwilling to sell the land needed to eliminate the nonconforming features of the lot or that the price demanded for such land is unreasonable.

Structures and uses.

Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied and any structure may be restored or repaired in the event of partial destruction, provided that the restored structure is of no greater size than the original one and occupies no greater area than occupied by the original one.

Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure containing a nonconforming use. However, no nonconforming structure or structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without appeal for variance relief.

Enlargement of valid nonconforming residential building or structure. Any existing one-family residential building or structure which does not conform to the Schedule of Area, Yard and Building Requirements[1] may be enlarged without the necessity of variance relief, provided that all of the following criteria are met:

[Added 8-19-2008 by Ord. No. 2119-2008]

The property in question is a one-family dwelling in a zone permitting one-family dwellings.

The existing use of the premise remains unchanged as a one-family dwelling.

Only one principal structure exists on the property in question.

The existing nonconforming side or front yard setbacks are not less than 50% of the required side or front yard setbacks, but in no case closer than 12 feet to the existing dwelling on the adjoining property.

The existing nonconforming height is not more than five feet higher than the maximum permitted height.

The portion of the proposed nonconforming building footprint or coverage consisting of new construction shall not reduce the required front or side yard setback areas by more than 20 square feet. Reduction of the required rear yard setback is not permitted.

The nonconformity of the property in question with regard to undersized yards or excess height must have existed prior to the first date of adoption of this subsection, April 15, 1987.

For horizontal enlargement:

The addition does not increase the degree of any existing nonconforming front, side or rear yard setback dimension.

The additional does not exceed the maximum height requirement listed on the schedule.

For vertical enlargement:

The addition does not increase any existing nonconformity as to height.

The addition does not involve the increase of a third-story floor area.

The addition does not intrude into the required front and side yards.

Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.

Abandonment. Whenever a nonconforming use has been intentionally abandoned by an overt act of or failure to act by the owner of the premises containing such use, such use shall not thereafter be re-established and any future use shall be in conformity with the provisions of this chapter.

Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.

District changes. Whenever the boundaries of a zone district shall be changed so as to transfer an area from one district to another district, the provisions of this chapter shall also apply to any uses made nonconforming by such change.

§ 125-33 Accessory buildings, structures and uses.

General requirements.

Accessory buildings, structures and uses shall be permitted only on the same lot as the principal building to which they are accessory.

All accessory buildings, structures or uses shall be governed by the bulk and area regulations of the zone in which they are located.

Parking setbacks shall be as required in § 125-48.

Garages. In residential zones, the number of vehicles for which garage space may be provided as accessory to an authorized use shall not exceed the following:

In an R-1-1, R-1-2, R-1-3 or R-2 Zone, two vehicles; and for each 6,500 square feet by which the lot area exceeds 6,500 square feet, garage space for one additional vehicle may be provided.

In an R-3 District, two vehicles for a one-family or a two-family dwelling. For multiple-family residence, garage space shall be provided for one vehicle for each apartment unit.

[Amended 1-26-2016 by Ord. No. 2371-2016]

In an R-5 Zone for townhouses, one garage space for one vehicle shall be provided for each unit.

Space in an garage accessory to a multiple-family residence shall be available only to the occupants of the premises.

Space in a private garage, access in a one-family or two-family house may be rented for not more than one noncommercial vehicle of other than the occupants of the building to which such garage is accessory. (See also § 125-40, Outdoor storage.)

Satellite dish antennas. All satellite dish antennas shall meet the following requirements. These requirements will enhance the public health, safety, morals and general welfare objectives of this chapter without unnecessarily burdening the federal interests in ensuring access to satellite services and in promoting fair and effective competition among competing communication service providers.

Only satellite receiving antennas shall be permitted.

They shall not be located in any required front yard.

They may be located on the roof providing they are not visible from the street or project above any ridge line or parapet wall.

The minimum distance to any lot line shall be three feet.

Only one such antenna shall be permitted for each dwelling unit.

Waiver.

Residential dwellings. In the event the applicant can demonstrate that the antenna will not function properly or provide adequate reception in accordance with the above requirements, the Zoning Board shall grant a design waiver upon the showing of adequate proofs by qualified experts.

All other uses. In the event the applicant can demonstrate that the antenna will not function properly or provide adequate reception in accordance with the above requirements, the Planning Board shall grant a design waiver upon the showing of adequate proofs by qualified experts.

§ 125-34 Exceptions and supplemental requirements to bulk and area regulations.

Yards.

Corner lot. On a corner lot, there shall be deemed two front yards on abutting streets, one rear yard and one side yard.

Through lots. On a through lot, front yards are required along all street lines.

Setbacks. In all residential districts, the front yard setback of any dwelling shall not be less than the average setback of all residential properties on the same side of the street on which the lot is located but in any event not less than the minimum front yard setbacks listed in this schedule. The average setback of all residential properties as referenced herein shall include those properties on the same side of the street as the lot running from the lot in question along the municipal right-of-way of the street upon which the front yard abuts to the next intersecting street or 200 feet whichever is less.

Terraces. A paved terrace shall not be considered in the determination of yard sizes or lot coverage, provided that such terrace is unroofed and without walls, parapets or other form of enclosure and the floor which shall not exceed three feet in height above the adjoining ground at any point. Such terrace, however, may have an open guard railing not over three feet six inches high. Such terrace shall not project into any yard to a point closer than four feet to any lot line. For the purpose of this section, "terrace" shall include patio, deck or porch without roof or walls.

Porches. Any porch with a roof over it or a carport shall be considered a part of the building in the determination of the size of yard or lot coverage, except that in front yards entrance enclosures or vestibules may project not more than five feet into such yard, provided that such a structure does not occupy more than 50 square feet of the yard area.

Projecting architectural features. The space in any required yard shall be open and obstructed except for the ordinary projections of window sills, belt courses, cornices, eaves and other architectural features, provided that such features shall not project more than two feet into any required yard.

Bay windows. Bay windows, including their cornices and eaves, may project into any required yard not more than two feet, provided that the sum of each projection in any wall does not exceed 1/3 the length of the wall.

Fire escapes. Open fire escapes may extend into a required yard not more than four feet.

Exterior stairways. Exterior stairways extended higher than the first floor level shall be considered part of the building to which they are attached in the determination of yard dimensions and building coverage.

§ 125-35 Height.

Exceptions. The height limitations of this chapter shall not apply to: parapets under three feet in height, steeples, belfries, cupolas, domes and residential chimneys provided same are not used for human occupancy or storage and further provided that such appurtenances shall not exceed 30% of the building height.

Roof appurtenances. All roof top equipment such as, but not limited to: air conditioning equipment, renewable energy equipment, ducts, fans, elevator penthouses or other mechanical equipment, shall not be included in the building height computations. Such equipment shall comply with the following requirements:

No such appurtenances shall exceed 10 feet in height, measured from the roofline as herein defined.

Such equipment shall not cover more than 25% of the roof area.

The distance of such equipment from the edge of the roof shall be equal to or greater than the height of the equipment.

All such equipment shall be screened from view. If the development is subject to site plan approval, the screening shall be approved by the approving agency.

The height of all municipally operated facilities as more particularly set forth in § 125-16C(1) or structures erected on municipally owned property shall not exceed 40 feet in height.

[Added 10-26-2004 by Ord. No. 1997-2004]

§ 125-36 Maximum number of principal structures.

In one- and two-family zones, except as may be allowed in planned developments, there shall be not more than one principal structure on each lot.

§ 125-37 Swimming pools, tennis courts and similar private recreational facilities.

[Amended 10-22-2002 by Ord. No. 1927-2002; 5-15-2018 by Ord. No. 2464-2018]

The following regulations shall apply to swimming pools, tennis courts and similar recreational facilities that are accessory to a residential use:

Said use shall be located on the same lot as the principal structure and only in the side or rear yard.

Said use shall comply with the minimum side yard requirements for principal structures.

Said use shall be screened to minimize any adverse impact on adjoining properties.

All swimming pools, hot tubs/spas shall be enclosed by a permanent fence or barrier as set forth in § 125-38 and the New Jersey adopted Building Code.

In all residential districts, the rear yard setback for aboveground pools shall be five feet. Aboveground swimming pools shall not be placed in a front yard or within side yard setbacks.

[Amended 5-15-2018 by Ord. No. 2464-2018; 6-9-2020 by Ord. No. 2548-2020]

Chain link fences are permitted around a tennis court, provided that such fences do not exceed 12 feet in height and the dimensions of the fenced area are no more than are 60 feet by 120 feet.

§ 125-38 Fences and walls.

In all residential areas, no fence, wall or hedge shall exceed six feet in height, except that within the required front yard setback area and corner lot transition area, no fence, wall or hedge shall exceed three feet in height. New fences must be erected within the property lines with the finished side facing the street or adjoining property and no fence shall be erected so as to encroach upon a public right-of way. All posts used in relationship with the fence shall be on the side of the fence most interior to applicant's property.

[Amended 7-24-2001 by Ord. No. 1868-2001]

Notwithstanding any other provision in the Borough Code to the contrary, the replacement or supplementing of an existing fence or fences on privately owned property shall not require municipal board approval provided the following conditions are met:

No other changes whatsoever, of any kind, are being made to the property on which the fence is located.

The size and height of the new fence shall not exceed the size and height of the existing fence.

The location of the new fence shall be within four inches of the existing fence, including stakes, posts and slats.

All fences must be erected within the property lines with the finished side facing the street or adjoining property and no fence shall be erected so as to encroach upon a public right-of-way. All posts used in relationship with the fence shall be on the side of the fence most interior to applicant's property.

The existing fence has been approved by a municipal Board, as part of a previous development application or conforms with the existing provisions of the Borough's Code.

The applicant provides a brief description and/or depiction of the replacement fence.

The applicant's payment of the appropriate fee for the building permit related to this application shall be the fee for the handling and processing of the application.

The applicant seeking to replace an existing fence certifies to the foregoing conditions in writing to the Borough Construction Official.

The new fence shall conform with all federal, state and municipal ordinances, rules and regulations with the exception that if the location of the existing fence is the result of the grant of a variance, the new fence shall be permitted to be placed in the same location or pursuant to Subsection B(3) above.

The procedures set forth in this chapter shall only apply if the new fence is substantially constructed of wood.

Exceptions:

Any premise whose rear property line abuts State Highway 208 shall be exempt from the requirements of this chapter and shall have the option of erecting a new fence along the rear property line of the premises with either the finished side facing the highway or the interior of the premises and by having the posts on the side of the fence most exterior or interior to the owner's property.

The exception for properties abutting State Highway 208 as set forth above in Subsection C(1) shall apply to all existing fences that are either to be repaired or replaced in Subsection B above.

The exception as set forth herein with respect to properties whose rear property line abuts State Highway 208 shall not be deemed a waiver of any rights with respect to the erection, maintenance or repair of fences.

All applications for the erection, repair or replacement of fences which request encroachment upon a public right-of-way shall be made to the Borough Manager who shall review them for compliance with all applicable Borough ordinances. If the Borough Manager certifies that the application is in compliance, the matter shall be placed on the next scheduled regular Council meeting or as soon thereafter as the matter may be considered for the adoption of a resolution authorizing the Mayor and Municipal Clerk to execute an appropriate License Agreement in a form to be approved by the Borough Attorney. In the event the Borough Manager determines that the application is not compliance with appropriate Borough ordinances or should be denied for other reasons, the matter shall be placed on the next scheduled regular work session of the Council or as soon thereafter as the matter can be reached.

§ 125-39 Visibility at intersections.

Visibility at intersections shall be in conformance with § 125-49C(3).

§ 125-40 Outdoor storage; temporary storage units.

All outdoor storage shall conform to the following requirements:

Residential districts. Outdoor storage of any kind or nature, except storage of those items customarily used in conjunction with and incidental to a residential occupancy or agricultural use, is prohibited in all residential zones, with the following exceptions:

Except in garage, no motor vehicle shall be stored, lacking a valid motor vehicle registration for the current year or repaired, (including, but not limited to, removal of wheels) so as to cause such vehicle at any time, to be in any disassembled or disabled condition. This should not be construed as prohibiting an owner from working on one personal, registered vehicle for a reasonable time not in excess of 30 days.

Commercial vehicles. Not more than two commercial vehicles may be parked, stored or garaged overnight subject to the following conditions:

The parking of commercial vehicles in excess of a three-quarter-ton truck, manufacturers designed capacity is prohibited in all residential zones.

Only one commercial vehicle may be parked or stored outdoors on a lot and shall be at least three feet from the side and property lines and 10 feet from rear property line.

Commercial and other nonpassenger vehicles shall be fully screened from adjacent properties along side or rear property lines.

All commercial vehicles permitted by these provisions to be parked, stored or garaged on any property located in any residential zone shall be owned by and registered to the owner or occupant of the premises or the owner/occupant's employer.

The outdoor parking area for commercial or other nonpassenger vehicle shall be improved with pavement, gravel, crushed stone or grass pavers.

Parking of construction equipment vehicles is allowed on a temporary basis when construction is taking place on the lot or making delivery.

Commercial vehicles that are parked or garaged shall not have their vehicle or accessory engines or compressors running for more than 10 minutes.

Boats or trailers. One boat, boat trailer, recreation vehicle, snowmobile, 18 feet or less in length may be parked or stored outside the confines of a building in accordance with the following requirements:

All boats or trailers shall display a current state license and/or registration.

Such storage will be permitted in a garage or in a rear yard only and shall be located at least five feet from any property line.

All boats or trailers shall be screened from adjoining properties.

Business districts. Outdoor storage is prohibited except for new and used car sales and horticultural uses and only in accordance with an approved site plan.

Industrial districts. Outdoor storage is prohibited except for new and used car sales and horticultural uses and only in accordance with an approved site plan.

Pods.

[Added 9-11-2007 by Ord. No. 2086-2007; amended 11-7-2007 by Ord. No. 2097-2007; 10-13-2009 by Ord. No. 2165-2009]

Definitions. As used in this Subsection B, the following terms shall have the meanings indicated:

POD

A unit greater in dimension than three feet in length by three feet in width by three feet in height rented or owned or for use by the property owner for storage of personal, business, or commercial items or used for the packing or storage of items for permanently moving to or from the residence or for temporarily storing items during a renovation to the main residences. PODS include, but are not limited to, sea boxes, bulk storage containers, portable on-demand storage containers, store-to-door mobile transportation storage containers, roll-off containers or other such similar containers.

Application request/approval.

No pod shall be placed on or at a residential property without obtaining a Zoning Department permit. The Zoning Department shall provide a copy of this Subsection B and application forms in all applications for any construction permits issued under Chapter 85. To obtain a permit, the property owner(s) or property manager, in the case of rental units, shall obtain approval from the Zoning Officer. Applications shall include, but not limited to, the following:

The names, addresses, and telephone numbers of the owner or manager of the property on or at which the pod is to be placed;

The names, addresses, and telephone numbers of the individual or company which owns the pod;

A copy of a survey must accompany the application; and

Any other information the Zoning Officer may require to determine the full compliance with other applicable ordinances of the Borough.

In the case of a tenant or property owner using the same pod for the purposes of moving between properties within the Borough, only one permit will be required; however, a survey shall be submitted for both locations.

Size of pod. A pod shall be no greater than eight feet in height, 24 feet in length and eight feet in width.

Number of pods. One pod shall be permitted per residential property.

Location of pods. The placement of pods shall meet all of the following provisions:

The pod shall be placed either on the lawn, in the driveway or in an approved paved parking area at the furthest accessible point from the street and at least 10 feet from the curb.

The pod shall not be placed within any public right-of-way or roadway including sidewalks.

In a multifamily residential complex, the pod shall be placed as close to the dwelling using the unit as possible.

At the discretion of the Zoning Officer, the pod may be placed in an alternative location provided that the alternative location does not create an unsafe location.

Duration.

Where a pod is used for the parking or storage of items for permanently moving to or from a residence, during any twelve-month period commencing from the date of issuance of a permit, one pod may be placed on or at a residential property for a period not exceeding fourteen (14) total days to load and 14 total days to unload. At the conclusion of any applicable fourteen-day period, the applicant may request one extension for good cause from the Zoning Officer not to exceed 14 days.

Where a pod is used during construction or renovation to the main residence, commencing from the date of issuance of a permit, one pod may be placed on or at a residential property for an initial period not exceeding three months with an additional renewal of three additional months thereafter in the event the construction or renovation project has not been completed. After an initial six months, the applicant may request one-month extension for good cause from the Zoning Officer, but in no event shall the period of storage under this subsection extend beyond 12 total months.

Where residential fire, hurricane, natural or man-made disaster has occurred causing substantial damage to a residential property, the Zoning Officer of the Borough shall determine the time period for the pod.

Fees.

Where a pod is used for packing or storage of items for permanently moving to and from a residence, the fee for a pod permit shall be $50.

Where a pod is used during construction or renovation to the main residence, the fee for the pod shall be $100 for the first three months and three-month renewal thereafter. After an initial six month period, the fee for a pod permit shall be $25 for each additional one-month renewal.

The Borough of Fair Lawn shall not prorate the pod fee if the unit is removed prior to the end of the fee period.

Guidelines.

No pod shall be used to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, or goods for property other than at the residential property where the storage unit is located.

Storage of hazardous material within the pod is prohibited.

Pods shall be locked and secured by the property owner, tenant or property manager at all times when loading or unloading is not taking place.

The property owner, tenant or property manager or user of a pod must secure it in a manner that does not endanger the safety of person or property in the vicinity of the temporary structure. In the event of severe weather conditions in which the unit may become a physical danger to persons or property, the Borough of Fair Lawn may require the removal of the pod.

Occupancy of container prohibited. No human or animal shall occupy any pod except for the express purpose of loading or unloading the container. No heat source of any kind shall be placed in any pod.

Separate violations. Each and every day that a pod remains on the property beyond the applicable permitted time shall be considered as a new and separate violation. Each and every pod more than the quantity of one located on the property shall be considered a new and separate violation.

(11)

Violations and penalties. Any person who shall violate any provision of this Subsection B shall, upon conviction, be punished by fine not exceeding $200 for each violation or by imprisonment for not more than 90 days, or by an order to perform community service, or a combination thereof, in the discretion of the Municipal Judge.

§ 125-40.1 Donation clothing bins.

[Added 10-23-2007 by Ord. No. 2087-2007; amended 1-27-2009 by Ord. No. 2136-2009]

Definitions. As used in this section, the following terms shall have the meanings indicated:

SOLICITATION or SOLICIT

The request, directly or indirectly, for money, credit, property, financial assistance or other thing of any kind or value. Solicitation shall include, but not be limited to, the use or employment of canisters, cards, receptacles or similar devices for the collection of money or other thing of value. A solicitation shall take place whether or not the person making the solicitation receives any contribution.

Requirements for placement and use of clothing bins for solicitation purposes. Notwithstanding any other provision of law to the contrary, no person shall place, use or empty a donation clothing bin for solicitation purposes, unless all of the following requirements are met:

The person has obtained a permit, valid for a twelve-month period of time, from the Borough’s Zoning Officer, in accordance with the following. In applying for such a permit, the person shall include:

The location where the bin would be situated, as precisely as possible;

The manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold or dispersed and the method by which the proceeds of collected donations would be allocated or spent;

The name and telephone number of the bona fide office required pursuant to Subsection B(7) of this section of any entity which may share or profit from any clothing or other donations collected via the bin; and

Written consent from the property owner to place the bin on his property.

The person has secured minor site plan approval for the bin from the Planning Board in accordance with § 125-66 and for the specific purpose of insuring that the placement of such bin will not constitute a safety hazard.

The Zoning Officer shall not grant an application for a permit to place, use or employ a donation clothing bin if it determines that the placement of the bin could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a donation clothing bin within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases.

The Zoning Officer shall impose a fee for such application, not to exceed $25, to offset the costs involved in enforcing this section.

An expiring permit for a donation clothing bin may be renewed upon application for renewal and payment of any fee imposed by the Zoning Officer for such renewal, not to exceed $25 annually, to offset the costs involved in enforcing this section. Such application shall include:

The location where the bin is situated, as precisely as possible, and, if the person intends to move it, the new location where the bin would be situated after the renewal is granted and written consent from the property owner to place the bin on his property;

The manner in which the person has used, sold or dispersed any clothing or other donations collected via the bin, the method by which the proceeds of collected donations have been allocated or spent and any changes the person anticipates he/she may make in these processes during the period covered by the renewal; and

The name and telephone number of the bona fide office required pursuant to Subsection B(7) of this section of any entity which shared or profited from any clothing or other donations collected via the bin and of any entities which may do so during the period covered by the renewal; and

The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin, in addition to the information required pursuant to Subsection B(8) of this section.

The person, and any other entity which may share or profit from any clothing or other donations collected via the bin, maintains a bona fide office where a representative of the person or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the person or other entity. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office.

The following information is clearly and conspicuously displayed on the exterior of the donation clothing bin:

The name and address of the registered person who owns the bin and of any other entity which may share or profit from any clothing or other donations collected via the bin;

The telephone number of the person’s bona fide office and, if applicable, the telephone number of the bona fide office of any other entity which may share or profit from any clothing or other donations collected via the bin;

In cases when any entity other than the person who owns the bin may share or profit from any clothing or other donations collected via the bin, a notice, written in a clear and easily understandable manner, indicating that clothing or other donations collected via the bin, their proceeds, or both, may be shared, or given entirely to, an entity other than the person who owns the bin and identifying all such entities which may share or profit from such donations; and

A statement, consistent with the information provided to the appropriate municipal agency in the most recent permit or renewal application, indicating the manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold or dispersed and the method by which the proceeds of collected donations would be allocated or spent.

Receipt and investigation of complaints relative to donation clothing bin.

The Zoning Officer shall receive and investigate, within 30 days, any complaints from the public about the bin. Whenever it appears to the Zoning Officer that a person has engaged in, or is engaging in, any act or practice in violation of Subsection B hereof, the person who placed the bin shall be issued a warning, stating that if the violation is not rectified or a hearing with the Zoning Officer is not requested within 45 days, the bin will be seized or removed at the expense of the person who placed the bin, and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. In addition to any other means used to notify the person who placed the bin, such warning shall be affixed to the exterior of the bin itself.

In the event that the person who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, the Zoning Officer may seize the bin, remove it or have it removed, at the expense of the person who placed the bin, and sell at public auction or otherwise dispose of any clothing or other donations collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the chief financial officer of the municipality.

Additional penalties and remedies. In addition to any other penalties or remedies authorized by the laws of this state, any person who violates any provision of this section which results in seizure of the donation clothing bin shall be:

Subject to a penalty of up to $20,000 for each violation. The Zoning Officer may bring this action in the municipal court or the Superior Court as a summary proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A:58-10 et seq.), and any penalty monies collected shall be paid to the chief financial officer of the municipality; and

Deemed ineligible to place, use or employ a donation clothing bin for solicitation purposes pursuant to Subsection B hereof. A person disqualified from placing, using or employing a donation clothing bin by violating the provisions of this section may apply to the Zoning Officer to have that person’s eligibility restored. The Zoning Officer may restore the eligibility of a person who:

Acts within the public interest; and

Demonstrates that he or she made a good faith effort to comply with the provisions of this section and all other applicable laws and regulations, or had no fraudulent intentions.

Exemption of donation clothing bins sponsored by departments of the Borough. The owner of any donation clothing bin which is sponsored by any department of the Borough shall be required to comply with the requirements of Subsections B through D hereof, but shall specifically be exempt from the minor site plan approval requirement of Subsection B(2) and fee requirement of Subsection B(4) and B(5) hereof.

§ 125-41 Signs.

[Amended 9-19-2000 by Ord. No. 1823-2000; 12-18-2001 by Ord. No. 1879-2001; 10-25-2005 by Ord. No. 2033-2005; 9-23-2008 by Ord. No. 2125-2008; 12-11-2012 by Ord. No. 2256-2012; 9-23-2024 by Ord. No. 2704-2024]

Signs permitted in residential zones. Within residential zones, the following signs shall be permitted:

One permanent sign per premises for any permitted use or activity.

A nonilluminated nameplate sign, situated within the property lines and bearing only the name of the principal occupant and/or street number of the private dwelling and not exceed 72 square inches of total area.

Real estate signs as permitted in § 125-41G(6) 114F.

Official signs of any governmental agency.

Signs advertising a permitted use in a residential district such as a club house, public or quasi-public building or building used solely for nonprofit, church, school, hospital or other like purposes, but not including any activity of a retail nature, provided said sign is located on the same premises as the use it advertises and does not exceed 20 square feet in total area, being no more than five feet in any one dimension.

Temporary signs as permitted in § 125-41G(6).

Nonilluminated temporary signs, necessary in connection with the erection of buildings or other construction work, limited to one sign for each construction project. Such sign may be freestanding or attached to the premises but shall not exceed nine square feet in area and shall be removed at the completion of construction.

Signs advertising major subdivision that have received approval by the Planning Board shall not exceed a total of two in number, shall not exceed 50 square feet in area and shall be removed within 90 days after the completion of the construction work or within 10 days after issuance of the last certificate of occupancy, whichever is sooner.

Signs identifying a permitted professional office or home occupation. Such signs shall bear only the name of the person residing on the premises and the profession or home occupation being conducted on the premises may be illuminated only by a nonflashing light, shall be situated within the property lines of the premises it identifies and shall not exceed 160 square inches in area and shall not exceed 20 inches in any dimension.

Signs permitted in business, office and business service zones. Within any business, office and business service zones, only the following signs shall be permitted:

Any signs permitted in residential zones.

Signs, including any licenses or permits, required by law to be exhibited by the occupant of the premises. Required signs shall not count in the calculation of total sign coverage area.

Principal signs for the purpose of identifying and advertising the use of the premises. There shall be no more than one principal sign for each retail establishment or permitted use therein except where the following conditions are met and provided that no exterior wall sign shall have more than three lines of copy:

Any permitted use within a building having an exterior wall facing an off-street parking area may have a second principal sign on said wall. In addition, in any B-2 Zone along Broadway, a secondary sign referencing a permitted principal use on the street level of a building may be placed on an exterior wall facing an accessory driveway, provided that the total number of wall signs referencing a street-level principal use does not exceed two signs and that the secondary sign have an area limited to a maximum of 66% of the maximum principal sign area permitted on the front facade. Alternatively, a single secondary sign with area limited to 66% of the maximum principal sign area permitted on the front facade may be placed on such a wall along with a directory sign which may contain only the names of tenants/occupants and which may not exceed 35 square feet.

Any permitted use within a building on a corner lot may have a second principal sign. One sign shall be located on one street and a second shall be located on the second or side street, provided that no second sign shall be permitted on a street facing a residential zone.

For a corner lot, signs on a facade adjacent to a property utilized for residential use shall not be illuminated.

Placement and dimensions.

All signs, unless a freestanding sign, as hereinafter regulated, shall be installed parallel to the face of the wall to which it is attached and shall not extend more than 10 inches from the structural face of the building wall and shall not be less than seven feet from the elevation of the ground under the sign and shall be rigidly and securely attached hereto. Notwithstanding the provisions of this subsection, nothing contained herein shall be construed to prohibit signs on an awning or canopy as regulated in § 125-41B(9) and (10). In the B-2 Zone along Broadway, no wall sign shall be less than eight feet above the elevation of the ground under the sign.

The maximum distance from the top edge to the bottom edge of any attached sign shall not exceed 24 inches; provided, however, that the maximum distance from the top edge of the lettering on said sign to the bottom edge of the lettering shall not exceed 16 inches. A sign consisting of letters only shall not contain any letter that exceeds 16 inches from the top edge of the letter to the bottom edge of the letter. Notwithstanding the above, in the B-2 Zone along Broadway, the maximum distance from the top edge to the bottom edge of any attached sign shall not exceed 36 inches, and any sign consisting of individual letters shall not contain a letter than exceeds 36 inches from the top edge of the letter to the bottom edge of the letter, provided that there is a fascia or wall behind the letters which extends at least six inches above, below and to the sides of the lettering. Individual letters shall be positioned no closer than six inches from window edges or rooflines, and in no case shall such lettering cover a window area.

The maximum width of any attached sign shall not exceed 75% of the storefront or wall of that portion of the building occupied, except that where such facade width is less than 15 feet, the maximum width of any attached sign shall not exceed 90% of said storefront or wall. Notwithstanding the above, in the B-2 Zone along Broadway, the following standards shall apply, provided that no such sign shall exceed a width of 25 feet and an area of 75 square feet:

Width of Storefront or Wall in the B-2 Zone (feet)	Maximum Sign Width as a Percentage of Wall Width
10 or less	90%
More than 10 and less than or equal to 20	80%
Greater than 20	70%

Where there is more than one occupant of the building and where each occupant has a separate ground floor entrance, the total area of all signs permitted as hereinafter regulated, taken in the aggregate, shall not exceed the maximum requirements set forth above for each wall upon which any sign is permitted to be erected. In the B-2 Zone along Broadway, no sign shall be located on the wall or the storefront associated with another occupant, except as allowed in Subsection B(3)(a).

The only signs permitted above the first floor shall be a single sign for each business establishment, and said sign shall be painted or affixed on a single window in a single color, and every sign shall be limited to two lines and each line shall be limited to six inches in height. There shall be a maximum distance of separation between the two lines permitted by this subsection of four inches.

Window signs. Signs painted on, placed or hung within 24 inches from the inside window glass of any building shall be limited to the following percent of the area of said glass:

If the front of the building is not more than 50 feet from the curbline: 25%; if the front of the building is more than 50 feet from the curbline: 30%. Notwithstanding the above, in the B-2 Zone along Broadway, no more than 20% of the total area of all windows shall be covered by window signs, provided that the street address of the premises shall not be included, and provided that the calculation of sign area shall be determined by the rectangle which includes the name, message or symbols intended to be viewed by the public as a unit.

Door signs affixed to the window of a door, shall not exceed 7 1/2% of the glass area of the door, which shall not be included in calculating the permissible coverage for window signs. Notwithstanding the above, in the B-2 Zone along Broadway, door signs affixed to the window of a door shall not exceed 10% of the glass area of the door, provided that the street address of the premises shall not be included, and provided that the calculation of sign area shall be determined by the rectangle which includes the name, message or symbols intended to be viewed by the public as a unit.

Political signs, signs depicting fund raising event and signs depicting public events such as parades, fireworks, meetings, musicales and the like shall not be included in calculating the permissible window coverage set forth herein.

Arcade signs shall be no larger than one foot by a maximum of four feet in a direction perpendicular to the building facade. The sign area of an arcade sign shall be included in the total sign area permitted for a particular use as regulated in Subsection B(4)(d) above.

Freestanding signs.

In the case of premises on which the structure is set back at least 40 feet from the front curbline, a freestanding sign of an area not to exceed 12 square feet per side shall be permitted, provided, however, that the top of said sign shall not be more than 10 feet above the level of the ground and shall not be located closer than five feet from the property line.

In the case of premises on which the structure is set back not less than 20 feet nor more than 40 feet from the front curbline, a freestanding sign shall be set back at least 12 feet from the front curbline, five feet from any side property line and shall not exceed eight square feet per side.

The provisions in this section shall not be construed to prohibit freestanding signs accessory to filling and service stations as provided in § 125-41F(4).[1] Any freestanding ground sign such as that which may be constructed within or as part of a planter box or landscaped area shall be limited to four feet in height above the ground and shall be placed on the premises so as not to result in a traffic safety problem due to inadequate sight angle. Ground signs located in corner lots shall not exceed 36 inches in height within the sight triangle.

Editor's Note: For signs customary to filling and service stations, see Subsection G(4) in this section.

Notwithstanding the above, a property in the B-2 Zone along Broadway with a minimum frontage of 200 feet shall be permitted to have one pylon or freestanding sign having a maximum width of 10 feet, a maximum sign panel height of eight feet, a maximum area of 72 square feet, a maximum height to the top of the sign of 15 feet, and a minimum front setback of 10 feet. Such pylon or freestanding sign shall be located in a parking lot island, lawn area or landscaped area.

Directory signs. Signs for permitted uses in business districts other than retail sales and service stores and shops which share a common entrance shall be limited to tenant identification or directory signs. Said signs may be lighted, shall be limited to one sign per tenant, shall be uniform in appearance and shall be made of the same materials with the same background and contain the same letter type, style and materials for all other similar signs used by tenants in the building. Said signs shall not exceed an area of two square feet per sign, nor a vertical height of eight inches, and where there is more than one tenant in the building, all of said signs shall be vertically abutting one another and not indiscriminately placed on the exterior walls of the building. Notwithstanding the above, a property in the B-2 Zone along Broadway may have one driveway entrance sign at each driveway, such sign to be located a minimum of five feet from any side property line and from any right-of-way line. Such driveway entrance sign shall not exceed two feet in height and four feet in width, shall be at least two feet above ground level but not more than four feet above ground level, shall have copy limited to the names of the occupants, the development name and the street address, and enter and exit designations and shall not exceed six square feet in area for up to two tenants and shall not exceed eight square feet in area for more than two tenants.

Awning signs. Signs running in a horizontal direction are permitted on the flap or vertical plane of any permitted awning, provided that said sign does not exceed a height of eight inches and said awning shall not extend more than eight feet from the wall of the building to which it is attached and shall not extend more than four feet over the sidewalk. Nothing herein shall permit any sign to be erected in contravention of a more stringent requirement of the Building or Construction Code in effect in the Borough. All awnings shall be made of fabric material such as canvas, exclusive of the structural members, and shall be retractable with a mechanism fully capable of being operative on a daily basis if needed, and the bottom part of said awning shall be no closer than seven feet from the grade below the awning. No horizontal sign shall be permitted which exceeds 1/3 of the length of the flap which runs parallel to the street. No other signs are permitted on the awning. Notwithstanding the above, in the B-2 Zone along Broadway, such awning signs shall be considered secondary signs and shall not exceed a lettering, symbol or logo height of 30 inches and shall not exceed an area of 20 square feet excluding the address of the property and such awning sign and may extend the length of the awning. The limitation of total sign area in Subsection B(4)(c) shall include the area of awning signs.

Canopy signs. Canopies, which may be constructed of rigid building material, shall not extend more than eight feet from the wall of a building and shall not extend over any sidewalk area within the street right-of-way. Signs running in a horizontal direction are permitted on the vertical plane of any permitted canopy, provided that said sign does not exceed a height of eight inches, does not exceed 1/3 the length of the vertical plane. Nothing herein shall be construed to permit canopies to be constructed closer than 12 inches to the curbline of the street nor to be constructed contrary to the provisions of the Building or Construction Code in effect in the Borough. The sign area of a canopy sign or signs shall be included in the total sign area permitted for a particular use as regulated in Subsection B(4)(d) above. Notwithstanding the above, in the B-2 Zone along Broadway, such canopy signs shall not exceed a lettering, symbol or logo height of 30 inches and shall not exceed an area of 20 square feet excluding the address of the property. The limitation of total sign area in Subsection B(4)(c) shall include the area of canopy signs.

(11)

Marquee signs. Movie or other theaters shall be permitted to maintain a permanent marquee constructed as an integral part of said theater building which may contain a sign on three sides of the marquee advertising the current event or coming attractions within the movie theater. Letters painted on or applied to a marquee shall not exceed eight inches in height and shall not project above or below any face of the marquee. Also permitted within the window area of said theater are temporary poster signs advertising the current event or coming attraction within the movie theater.

(12)

Changeable signs customarily used to display the price of motor fuels at filling stations shall be permitted. The area of such signs shall not exceed 20 square feet per sign. One two-sided sign shall be permitted at each street frontage. Such signs may be either wall mounted or freestanding signs. Said freestanding signs shall be permitted only within the property line. Such signs shall include only the type of fuel for sale, the price of such fuel and the company name or logo. Any other advertising is specifically prohibited except as otherwise permitted by this chapter. The above-described price sign and customary identifying signs on motor fuel pumps displaying fuel and prices shall not be considered principal signs.

(Reserved)

(Reserved)

(Reserved)

Office and Business Service Districts - exterior sign. In the case of any permitted exterior sign within the Office and Business Service (OBS) Zones, the same shall be located on the facade of the principal structure facing the front yard. The top of any such sign shall not exceed the roof level. No roof sign shall be permitted in the OBS Zones.

(17)

Sandwich boards permitted in business zones.

Number of signs. Each business in a business district shall be allowed to display one sandwich board sidewalk sign in compliance with the standards set forth in this section, except that a business that fronts two streets may display one sandwich board on the sidewalk adjacent to each street.

Sign size and types of signs. Signs may not exceed a width of two feet and a height of three feet. The two faces or sides of an A-frame style sign shall be separated by no more than two feet and no less than six inches at the base of the sign.

Sign placement. Sandwich board sidewalk signs shall be placed only within the boundaries of the applicable business' street frontage. The sign shall be placed on that portion of the sidewalk that is furthest from the street and closest to the business. The sandwich board sign shall be positioned so that it will not:

Reduce the sidewalk clearance below a width of 36 inches or obstruct the required width for ADA access, whichever is greater;

Impede any line of sight for motorists at vehicular public right-of-way intersections; or

Interfere with persons entering or exiting parked cars.

Sandwich board signs may not be displayed from vehicles parked in front of or adjacent to the businesses, whether on public or private property.

Stabilization. The sign shall be stabilized so as to withstand wind gusts or shall be removed during windy conditions.

Sign elements. Signs made of pressboard or paper products shall not be permitted; signs shall be made of durable materials and have a finished appearance. No balloons, banners, streamers or other items or sharp protrusions shall be affixed to the sandwich board.

Display time and removal. Sandwich board signs may be displayed from the time that the business opens until the time that the business closes. The sandwich board sign shall be removed at the close of each business day.

Illumination. The sandwich board sign shall not be illuminated; however, if the sandwich board is displayed after sundown, there must be sufficient ambient light to ensure that the sign is visible to persons traversing the sidewalk upon which it is placed so that the sandwich board does not present a tripping hazard.

Signs permitted in industrial zones. Within any industrial district as established by the Zoning Ordinance of the Borough of Fair Lawn, only the following signs shall be permitted:

Any sign permitted in a business district, except that signs identifying the business are to be placed only on street facades.

No new billboards shall be permitted. Any billboard existing prior to the adoption of this chapter shall comply with § 125-41E.

Ground signs for an industrial park or groups of industries or offices on one property, set back at least 40 feet back from the street line, with a forty-square-foot maximum area, 16 feet maximum height and minimum setback of five feet in an I-1 Zone and 15 feet in an I-2 Zone.

One permanent identifying freestanding sign shall be permitted within the required front yard set back a minimum of 10 feet from the property line. The lowest part of such sign shall not be higher than two feet above the average ground elevation of the front year and shall not exceed a height of four feet nor a developed length of seven feet nor a thickness of three feet. Such signs shall only bear the business name and/or logo of the premises. The front face need not be straight but the permitted developed length shall not be exceeded. The identifying signage may be affixed to any two faces of the freestanding sign structure.

Within the I-1 Zone only, for buildings set back 40 feet or more from the street one freestanding ground sign shall be permitted, with a maximum sign area of 30 square feet per side, maximum height of 16 feet, minimum distance from the ground to the bottom of the sign of five feet and a minimum setback from the street and all property lines of five feet.

Projecting signs. Projecting signs shall be prohibited in an industrial zone.

Billboards: existing.

All billboards existing upon the adoption of this chapter shall be permitted.

Billboards shall be subject to annual inspections by the construction or zoning official. If the construction or zoning official finds any billboards to be structurally unsound or a danger to public safety, said billboard shall be removed or repaired pursuant to Subsection E(3) below.

No repairs shall be made to any existing billboard which exceed 50% of its replacement cost. If such repairs are required, said billboard shall be removed.

No billboard may be increased in size.

General prohibitions.

No sign shall be located or displayed upon any sidewalk, public or private, or public right-of-way unless such sign is affixed to the wall of a building abutting that sidewalk or public right-of-way or such sign is a temporary real estate directional sign, commonly known as an "open house" sign.

No sky sign shall be permitted to be painted on the surface of any roof. No sign otherwise lawful under this chapter shall be prohibited because of this section.

No projecting signs shall be erected nor shall any signs extend over a public right-of-way or over abutting property lines except signs commonly known as "barber poles," ordinarily used in connection with barbershops. Any projection of the depth of a sign, where such projection is 10 inches or less, shall not be considered in violation of this provision. No sign is to extend above the top of a roof or parapet.

No signs shall be in whole or part moving, mobile or revolving or give the appearance of movement except signs commonly known as "barber poles" ordinarily and customarily used in connection with barbershops.

Except as otherwise specifically provided in this chapter, no freestanding or portable signs shall be permitted.

No strings or streamers or flags, banners, pennants, spinners or strung lights or similar devices strung across, upon, over or along any premises or building or placed upon or across any property line, whether as part of any sign or not, shall be allowed within any zone. Notwithstanding the provisions of this subsection, unlettered and undecorated pennants, flags, banners and the like shall only be permitted for grand openings of a new permitted use and shall not be displayed for a period of longer than 14 consecutive days from the first date of opening. Similar items may be permitted for a going-out-of-business sale for a period not to exceed 45 days. Any signs hung for such purpose shall be installed or placed so as not to extend upon or across any sidewalk or public street. Items in this subsection shall be registered with the Borough Zoning Officer, who may issue no-fee permits for such special events.

No signs shall be placed to interfere with traffic and traffic control signs or signals. No signs shall be placed within a street right-of-way or on utility poles.

Except as otherwise permitted by this chapter, no advertising sign or signs shall be permitted except where the advertisement relates to the use of the premises on which such sign or signs are located.

No sign mounted on the roof of a structure or any sign extending beyond the structure shall be permitted, except in industrial districts.

No signs shall have flashing or moving lights or any attraction device which is animated or fluctuates in light intensity. Animated signs with neon type illumination are expressly prohibited.

(11)

Marquee signs, except those affixed to theaters, shall be prohibited.

(12)

No signs shall be erected or painted or composed of fluorescent or phosphorescent or similar material.

(13)

No sign shall be placed or painted on any tree or rock.

(14)

The use of beacons or searchlights except by duly authorized services such as police, fire, emergency management or like agencies is prohibited.

(15)

Inflatable signs and the use of tethered balloons and umbrellas for advertising are prohibited. Notwithstanding the above, in the B-2 Zone along Broadway, inflatable signs and the use of tethered balloons and umbrellas for advertising are prohibited except for temporary events not exceeding three days in duration and for not more than four occasions per calendar year. Such items may be roof-mounted.

(16)

It shall be unlawful to use a vehicle or trailer as a sign. This chapter shall not apply to vehicles/equipment in operating condition, currently registered to operate on public streets when applicable and actively used in the daily function of a business to which the signs relate, nor to vehicles or equipment whose primary purpose is not the display of signs.

(17)

With the exception of those signs authorized by § 125-41A(2) above, no sign shall be affixed to or erected upon historic sites listed on the National or State Register of Historic Places or identified by the County of Bergen as a site possessing historical value.

prohibition shall apply to the following sites listed in the Master Plan of the Borough of Fair Lawn:

G.V.H. Berdan House, 12-19 River Road.

R.J. Berden House, 24-07 Fair Lawn Avenue.

Cadmus House, 14-01 Pollitt Drive.

Garretson Farm and Forge, 4-02 River Road.

Naugle-Vanderbeck House, 42-19 Dunkerhook Road.

Radburn-Fair Lawn Railroad Station, 13-99 Pollitt Drive.

J. Vanderbeck, Jr. House, 41-25 Dunkerhook road.

Washington School, 5-01 Bergen Avenue.

[9]

P. Demarest House, 13-19 Fair Lawn Avenue.

[10]

Warren Bronze and Aluminum Factory and house, 13-28 Second Street and d13-20 Third Street.

[11]

Smokehouse, 14-03 Fair Lawn Avenue.

[12]

Columbia Heights Community Church and Columbia Heights Hose Company, 83 and 97 Heights Avenue.

[13]

Acker Estate, Lamrings Dairy, 16-23 River Road.

[14]

Terhune Houses, 0-78 and 0-82 Saddle River Road.

This subsection shall not apply to properties located within the Radburn Historic District.

Signs which are exempt from all provisions of chapter except permit provisions. The provision and regulations of this chapter shall not apply to the following signs:

A professional nameplate affixed to the door or adjacent wall of premises so used, not to exceed eight inches by 20 inches per professional occupant.

A bulletin board not exceeding 20 square feet in area for public, charitable or religious institutions when located upon premises of said institutions, said bulletin board to be in addition to any sign or signs permitted under this chapter.

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 noncombustible material.

The following signs, customary and necessary to the operation of filling and service stations: Lettering on buildings displayed over individual entrance doors consisting of the words "washing," "lubrication," "repairing" or the words of similar import, provided that there shall not be more than one such sign over each entrance and that the letters not exceed six inches in height; lettering or other insignia, which are a structural part of a gasoline pump, consisting only of a brand name, legal warning sign and other signs as required by law; a credit card sign not exceeding two square feet in area, affixed to the building; a sign attached to each gas pump with the price of the product as required by law; one nonrevolving sign bearing the brand or trade name of the station, of a design specified by the manufacturer, permanently affixed to the building or its own metal substructure, such sign not to exceed 30 square feet in area on each side or 60 square feet in aggregate area if both sides shall have signs thereon and which sign, whether affixed to a building or on its own substructure, shall not exceed 18 feet in height overall.

Signs of every kind and nature erected by or on behalf of the United States of America, the State of New Jersey, the County of Bergen and the Borough of Fair Lawn, traffic controls in private ways and parking lots, signs for civic clubs and organizations, legal notices, ordinary and customary railroad station and crossing signs or other signs required by law; signs that are affixed or attached to streetlight poles which are leased by the Borough or owned, operated or controlled by the Broadway Improvement Corporation in the Fair Lawn Special Improvement District relating to Broadway, which signs are authorized or approved by the Broadway Improvement Corporation.

Real estate, construction and temporary signs.

Signs customary and necessary in the offering of real estate for sale or to let by the owner thereof in one-family, two-family and multifamily zones not to exceed four square feet in area per face limited to a two-face sign.

Signs customary and necessary in the offering of real estate for sale or to let in retail business and general business zones not exceeding a total of 16 square feet in area.

Signs customarily used to indicate that real estate offered for sale or to let has been sold or leased by the real estate agent or broker concerned in retail business and general business zones not to exceed 16 square feet in area and not to be maintained more than seven days after a contract of sale or lease of the premises has been executed by both parties to the transaction.

Temporary signs, customary and necessary in connection with the erection of buildings or other construction work shall be limited to one sign for each construction project to include only the identification of the project, the building and subcontractors. Such signs may be freestanding or attached to the premises but shall not exceed nine square feet in area and shall be removed at the completion of construction.

Temporary signs for public, charitable, holiday or patriotic purposes, provided the same do not violate the size, placement or construction provisions of this chapter. These signs shall not be erected for more than 45 consecutive days.

All signs referred to in § 125-41G may be freestanding or attached to the premises.

Political signs. A permit shall not be required for the erection or maintenance of a political sign as to its content, but the sign shall otherwise conform to the requirements of the chapter as to size, shape and other physical requirements thereof. Such signs shall be removed no later than 10 days after the date of the election to which they pertain.

Illuminated and neon signs.

Any sign permitted by the provisions of this chapter or allowed pursuant to a sign exemption granted under the provisions of this chapter may be nonilluminated or nonflashing illuminated, as provided under specific sections herein, except that real estate signs shall be nonilluminated. Illuminated signs shall have their source of illumination shielded in such a manner that the light is not visible from the street or neighboring property. Any sign permitted herein shall not exceed 5% of the square footage of the window to which it is displayed and shall not be displayed on any other part of the structure. Notwithstanding the above, in the B-2 Zone along Broadway, any sign permitted herein shall not exceed 20% of the area of the window within which it is displayed or six square feet, whichever is less. Light-emitting diode (LED) signs are permitted, provided that such signs do not result in a flashing or moving effect.

Exterior signs illuminated by neon or fluorescent tube lamps shall be designed to fully contain all glass elements in the event of breakage.

Illuminated signs facing residential zone(s) shall be extinguished by 11:00 p.m. or time of closing, whichever is later. Notwithstanding the foregoing, the construction or official, with the consent and advice of the Chief of Police, may authorize lighting specifically designed for the safety and protection of properties otherwise subject to this subsection, which lighting, when so authorized, shall be exempt from the provisions hereof.

Illuminated signs may be directly or indirectly lighted, provided that they comply with the following standards:

In the case of directly lighted signs, illumination of any sign shall be of the diffused lighting type. No sign shall be lighted by means of flashing or intermittent illumination.

In the case of indirectly lighted signs, any floodlights or spotlights used for illumination, whether or not such lights are attached to or separate from the building, shall not project light beyond the sign. Gooseneck reflectors and lights shall be permitted with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. An illuminated interior sign located within 24 inches of the window of the building shall, if visible from the street or adjacent properties, meet all the requirements of this section and the area thereof shall not, either by itself or cumulatively with any other exterior or interior illuminated sign or signs hereby permitted, exceed the total area permitted for exterior signs as regulated in § 125-41B.

In no instance shall the light intensity of any illuminated sign exceed 75 footcandles measured with a standard light meter measured at any point in front of the sign at a distance that is no greater than the smallest horizontal or vertical dimension of said sign. There shall be no electric conduit located on the exterior facade of a building used to provide electric power to any sign.

The Planning Board or Zoning Board of Adjustment, as appropriate, shall review all signs to be installed that are accessory to any application for development processed by it and the Board shall review and approve the intensity of light of all such signs.

Sign erection permits.

Permit required. Except as otherwise specifically permitted under the provisions of this chapter, it shall be unlawful for any person to erect or relocate any sign without first obtaining a sign erection permit from the construction or zoning official. The construction or zoning official shall issue permits only for such signs as are permitted for the particular premises and district pursuant to the provisions of this chapter which shall govern unless otherwise permitted by a sign variance.

Application. the form of application for a sign erection permit shall be provided by the construction or zoning official in triplicate and shall contain or have attached the following information:

Name, address and telephone number of the applicant.

Location of premises on which or to which the sign is proposed to be erected or attached.

Position of the sign, indicating its relation to its premises and adjoining premises.

Blueprints or ink drawings of the plans and specifications and method of erection and attachment to the premises or a photograph of the actual sign in lieu thereof and such information as the construction or zoning official may reasonably require to indicate the work to be performed and to show full compliance with this or all other relevant and applicable laws and ordinances of the Borough of Fair Lawn.

Name of the person performing the work.

Written consent of the owner or lessor of the premises, if the applicant is not the owner or lessor.

The application for the electrical permit, if any, required by ordinances of the Borough of Fair Lawn.

Fees. Fees for the permit shall be in accordance with Chapter 85, Uniform Construction Codes, and amendments thereto.

Permit issued if application is in order. If the application is in order, the construction or zoning official shall issue the permit. No permit will be issued unless the proposed structure is in compliance with all the requirements of this chapter and all other laws and ordinances of the Borough of Fair Lawn. If the sign authorized under the permit has not been erected within six months after date of issuance, the permit shall become null and void. Within 14 days of completing the installation of any sign approved under the provisions of this subsection, the applicant shall submit a photograph of said sign to the construction or official for the purpose of establishing a record of the final design and placement of said sign. The photograph shall indicate the date of installation and shall show the placement of the sign on the site and shall be signed by the applicant and stamped with the date it is received by the construction or official.

Site plan for any project for which a site plan is otherwise required, there shall be submitted with said site plan a complete sign application.

Exemptions from applications. Signs permitted under § 125-41A(2), (3), (4), (5), (6) and (8) and § 125-41B(5) and those signs limited to show membership in a retail or professional organization, credit card or credit association or plan and /or show manufacturers or legally required licenses attached to or painted on a store window or windows on the exterior or interior of any structure shall not require applications or the payment of any license fees or charges. The total area of such sign or signs shall not exceed 20% of the window space or 7 1/2% of any door. This subsection shall not be construed to enlarge the scope of permitted and exempted signs nor to diminish the power of the construction or official to enforce this chapter.

Maintenance and removal of signs. All signs shall be maintained in good condition and repair. No person shall permit the following conditions to exist with respect to any sign owned or controlled by such person or with respect to any sign located on premises owned or maintained by such person or occupant.

Chipped or peeling paint.

Torn paper or broken or damaged lettering or material of any kind.

Illegible material, whether by reason of fading, obliteration or any other condition.

Within 60 days following the termination of any occupancy or use of any premises, any nonconforming sign located on the premises which identified or advertised such occupancy or use shall be removed unless the new occupancy causes no change in the existing sign other than text.

Revocation of permit and/or removal of signs.

When any sign becomes insecure, in danger of falling or otherwise unsafe or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this chapter, the owner thereof or the person or firm maintaining same shall, upon written notice of the construction or zoning official, remove the sign forthwith in case of immediate danger or within 24 hours in the case of banner and temporary signs and in any case shall within not more than 10 days, make such sign conform to the provisions of this chapter or shall remove it. The removal of a nonconforming sign shall terminate the right to re-erect said sign. The preceding notice of 24 hours by the construction or zoning official shall not be applicable for any sign that is in violation of § 125-41F(1) and the construction or zoning official or their designee may cause the immediate removal of said temporary sign. In addition to any penalty as set forth in this chapter, the construction or zoning official, their designee or any law enforcement officer shall have the authority to confiscate any temporary sign in violation of § 125-41F(1) and subsequent to confiscation, said sign shall only be returned to its lawful owner upon a payment of a fee to the Borough in the sum as set from time to time by resolution of the Borough Council, which fee shall be in addition to any fine or penalty imposed under this chapter.

Written notice, as set forth above, shall be mailed by the construction or zoning official to the owner or lessee of the premises by certified mail, return receipt requested, ordinary mail or served personally. If within 10 days following receipt of such letter or notice or within such shorter time as may be specified in the letter or notice the owner or lessee fails to comply with the order, the construction or zoning official may revoke the permit or repair the sign at the expense of the owner or lessee or issue a summons for the violation. The written notice issued shall remain in effect for a period of one year from the date of receipt by the owner or lessee. Said notice shall bear the following statement in bold type and underlined:

NOTICE SHALL REMAIN IN EFFECT FOR A TIME PERIOD OF ONE YEAR FROM THE DATE OF RECEIPT. ANY FURTHER VIOLATION OF THIS CHAPTER SHALL BE CAUSE FOR THE CONSTRUCTION OR ZONING OFFICIALS TO REVOKE THE PERMIT OR REMOVE OR REPAIR THE SIGN OR ISSUE A SUMMONS FOR ANY VIOLATION PREVIOUSLY CITED WITHOUT FURTHER NOTICE.

In case the construction or zoning official shall be required to remove any sign as herein provided, he/she shall keep a record of the cost of such removal and the owner of such sign shall be liable thereof.

No act of the construction or zoning official in connection with the inspection and maintenance of such signs shall relieve the owner of the premises or the sign owner from his/her responsibility for maintaining the sign in a safe condition or make the Borough of Fair Lawn liable in case of damage or injury relating to it.

Enforcement; removal; costs; false advertising.

If any person is convicted of a violation of this chapter under this section, and the sign or signs shall continue as violations despite said conviction, then, upon the expiration of the time for appeal as provided by law, if no appeal has been taken, or upon conviction by the Superior Court, if an appeal has been taken, the construction or zoning official may serve an additional 10 days' or shorter period notice upon the person so convicted to require him to remove the sign or signs in violation, and if said sign or signs shall not have been so removed upon the expiration of the 10 days or shorter period, the construction or zoning official shall have the power to remove the sign or signs or cause the same to be removed without further notice but at the sole expense of the owner of the premises. In such event, the owner shall save the construction or zoning official harmless and free from liability for damage to said sign.

When the Borough has effected the removal of a sign in accordance with Subsection M(1) or Subsection K above, or has paid for its removal, the actual cost thereof, plus accrued interest, at the rate of 12% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Borough, and said charge shall be due and payable by said owner at the time of payment of such bill.

Where the full amount due the Borough is not paid by such owner within 20 days of the rendering of a bill therefor for the removal of the sign, the construction or zoning official shall cause to be recorded in the Tax Collector's and Clerk's office of the Borough a sworn statement of the expense incurred for the work, the date of the work and the location of the property on which said work was done. The recordation of said statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus any costs of court, for collection until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes. Sworn statements recorded in accordance with these provisions shall be prima facie evidence that all legal formalities have been complied with and that the work was properly performed and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designed or described in the statement and that the same is due and collectable as provided for by law.

False advertising. It shall be unlawful for any person to intentionally erect, locate, relocate or maintain any sign which falsely identifies the premises or occupancy of any premises or in any building, or which falsely advertises for sale on any premises or in any building any product no longer available therein, and a violation of this subsection shall subject the violator to the penalty provision of this chapter after due notice as required therein. In addition, if any person is convicted of a violation of this chapter under this section because of violation of this subsection, and the sign or signs shall continue as violations despite said convictions, then, upon the expiration of the time for appeal, as provided by law, if no appeal has been taken, or upon conviction of the Superior Court, if an appeal has been taken, such sign no longer advertising a bona fide business conducted, or a product sold on the premises shall be taken down and removed by the owner, agent or person, having the beneficial use of the premises upon which such sign may be erected within 10 days after further written notification from the construction or zoning official, and upon failure to comply with such notice within the time specified by such order, the construction or zoning official shall have the power to remove the sign or cause the same to be removed without further notice, but at the expense of the owner of the premises.

Nonconforming signs. Any sign existing at the time of the passage of this chapter which violates any provision hereof shall be deemed a nonconforming use and may be continued, maintained and repaired upon the present premises, provided, however, such sign was lawful under any prior ordinance. Any legal nonconforming sign on any premises involving a change in physical appearance of the sign shall revoke the nonconforming rights as soon as the physical appearance of the sign is changed in any manner whatsoever. Nothing contained herein shall be construed to prohibit the normal maintenance of a legal nonconforming sign such as bulb replacement, painting or the replacement of existing letters. Any sign unlawful under any prior ordinance shall remain unlawful unless it complies with the provision of this chapter and there is issued by the construction or zoning official, a sign erection permit therefor. Where a nonconforming sign or signs relative to the use of the premises to which it is affixed exists and the user of the premises vacates the premises or changes the use, the nonconforming sign or signs shall be removed any other sign or signs relating to a new use of the premises shall conform.

§ 125-42 Transition requirements.

Lots in two districts. Where a district boundary line divides a lot in a single or joint ownership of record at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than 20 feet into the more restricted portion, provided the lot has frontage on a street in the less restricted district.

Business entrances on residential streets. Where a residential district is bounded by a portion of a business or industrial district, any side street extending through such residential district shall not be used for any business purposes except as herein set forth. The business or industrial structure erected in such business or industrial district shall not face or open upon such side street except that show windows in the business structure may be built and exposed upon the side street within the business or industrial district. Entrances to such business or industrial structure shall not face on the side street, except that entrances to the upper stories of a business structure may face upon such side street and except also that entrances may be located adjacent to off-street parking areas provided for such business or industrial structure.

Yard transition.

Side yard and rear yard transition. Where a lot in a business or industrial district abuts a lot in a residential district there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district or equal to the yard requirements in the Schedule of Area, Yard and Building Requirements,[1] whichever is greater.

Editor's Note: Said schedule is included at the end of this chapter.

Front yard transition. Where the frontage on one side of a street between two intersecting streets is zoned partly as residential and partly as business or industrial, the front yard depth in the business or industrial district shall be at least equal to the required front yard depth of the residential district.

Corner lot transition. On every corner lot in a residential district, there shall be provided on the side street a side yard equal in depth to the required front yard depth on such side street.

Buffer zone transition. Where a building will be constructed, altered or use changed on a lot in a OBS, business, industrial or multiple-family district or use and such lot abuts a lot in a residential district, there shall be provided between such districts or use within the business, OBS, industrial lot the following buffer strips or multifamily:

A minimum of 10 feet immediately contiguous to or abutting the residential district whether in the side yard or rear yard or both, shall be fully landscaped as described below. This requirement shall apply to the following uses allowed in a business district: restaurant or other eating or drinking place, theater, bowling alley or similar recreational use, car wash, automobile sales agency, small animal hospital, bus terminal, automobile parking lot for gain and super market (a store having an area of 7,500 square feet or more).

In all areas used for purposes other than specific uses set forth in Subsection A above, there shall be a minimum buffer strip of five feet, whether in the side or rear yard or both, fully landscaped as described below.

All buffer strips as described in Subsections A and B above, shall have a minimum width of five feet of dense, evergreen, i.e., verdant throughout the entire year, plantings along the outside edge of said strip five feet in height at the time of planting, which shall be spaced four feet on center. The remainder, if any, of the buffer strip shall be landscaped in a manner approved by the reviewing agency. Such buffer strips shall in no way be used for storage of any kind or for the overhang of cars parked adjacent to the buffer strip.

The issuance of a certificate of occupancy with respect to a buffer strip in a transition zone is conditioned upon compliance with the requirements of § 125-42E and the approval of the construction official. No cash or bond shall be required. However, if the Code Enforcement Officer shall make a determination of noncompliance, he/she shall also then be authorized to revoke the certificate of occupancy. This amendment applies to all bonds or cash presently deposited or in effect and authorizes their return.

The construction official is authorized to enforce the provisions of this section whenever the buffer strip is not being maintained as described above.

§ 125-43 Outdoor cafes.

[Amended 11-27-2001 by Ord. No. 1876-2001; 5-13-2003 by Ord. No. 1952-2003; 6-20-2017 by Ord. No. 2437-2017; 12-17-2024 by Ord. No. 2721-2024]

Outdoor cafes shall be permitted only in accordance with the following regulations:

Zoning approval required.

Approval for an outdoor cafe shall be obtained by filing an application of approval with the Zoning Official of the Borough.

Approval for an outdoor cafe shall be granted by the Zoning Official or his designee if the application complies with Subsections B and C herein.

The application for approval shall include all of the information required by the Zoning Official, consistent with Subsections B and C hereof and shall also require a sketch (but not necessarily a survey) of the proposed location of the outdoor cafe. The sketch shall reasonably inform the Zoning Official of the placement of the tables, chairs or other equipment to be utilized by the outdoor cafe. The application shall also provide that the applicant shall locate trash containers outside the applicant's premises during the time of operation of the outdoor cafe.

An approval shall be granted for one year, and any subsequent applications for renewal of the approval shall be made to the Zoning Official and shall be approved, provided no substantial changes have been made to the previously approved application. In the event that any substantial changes have been made, the renewal application shall specifically recite them to the Zoning Official, who shall review the application as if the application were submitted in the first instance.

A fee shall be charged for each outdoor cafe application for approval in accordance with § 125-85, miscellaneous fees of the Borough of Fair Lawn.

Design standards.

The outdoor cafe shall be located directly in front of the eating establishment within the area defined by the exterior of each side line of the eating establishment.

A minimum of five feet of unobstructed paved surface shall be available for pedestrian traffic around or through the cafe.

Doors leading from the eating establishment shall not be obstructed.

Each approval-holder is responsible for keeping the area of outdoor cafe and the adjacent walks and streets free and clear of any debris or litter occasioned by the cafe. Areas must be cleaned as needed and at the time that business is closed and at the beginning of each business day, but not later than 9:00 a.m.

No vending machines of any kind are permitted on the exterior of any building operating an outdoor cafe.

Signs. No signs shall be permitted in the area of the outdoor cafe except signs complying with the sign regulations contained in this chapter. Outdoor umbrellas located in the outdoor cafe shall be exempt from the sign regulations.

Operation.

Outdoor cafes. Outdoor cafes shall be permitted generally to operate any day of the year, weather permitting, and so long as outdoor operation allows for comfortable and safe use of the facilities.

No tables, chairs or other equipment used in the outdoor cafe shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk or property of the Borough of Fair Lawn within or near the approved outdoor cafe area. Tables and chairs shall be taken inside at night and at times during the season when the outdoor cafe is not in operation. Any other appurtenances shall be either secured or taken inside at night and at times during the season when the outdoor cafe is not in operation.

The approval-holder shall not direct or permit to be directed to or from the area occupied by the outdoor cafe any bell, chime, siren, whistle, loudspeaker, public address system, radio, sound amplifier or similar device.

The outdoor cafe may remain open simultaneously with the hours of operation of the eating establishment to which it belongs. All persons occupying the outdoor cafe shall vacate the cafe within 15 minutes of the close of business of the eating establishment.

In recognition of parking requirements associated with restaurant and outdoor cafe uses, no more than 20 seats or 70 percent of the indoor seats of the establishment of which the outdoor cafe belongs, whichever is smaller, shall be permitted in the outdoor cafe. No additional parking spaces shall be required for outdoor seating.

§ 125-44 Off-street parking.

Off-street parking requirements shall be in conformance with § 125-48.

§ 125-45 Tree removal and replacement.

[Amended 11-27-2007 by Ord. No. 2096-2007; 10-28-2008 by Ord. No. 2126-2008; 1-29-2013 by Ord. No. 2261-2013; 4-30-2024 by Ord. No. 2693-2024]

Purpose.

To enhance the quality of life and overall health of Fair Lawn residents, and foster a better environment, by preserving, protecting, planting and maintaining safe, healthy, and sustainable trees as follows:

Removing pollutants and replenishing oxygen;

Providing shade and moderating the effects of temperature extremes;

Reducing stormwater runoff;

Replenishing and improving groundwater supplies;

Stabilizing soil by preventing erosion and sedimentation;

Providing visual screen and sound attenuation;

Storing and sequestering carbon;

Providing food and shelter for birds and beneficial wildlife; and

Conserving energy.

To support the goals and objectives of the Community Forestry Management Plan.

Definitions.

ACCEPTED STANDARDS

Means standards as defined in the Approved American National Standard ANSI A300, Tree, Shrub, and Other Woody Plant Management - Standard Practices (ANSI A300 parts 1 - 10).

APPLICANT

Means any person, as defined below, who applies for approval to remove trees regulated under this section.

BOROUGH ARBORIST

Means the Arborist appointed by the Borough Council or, if the position is vacant, the Borough Engineer.

BOUNDARY LINE TREE

Means a tree in which the property line between or among properties passes through the tree's trunk.

CALIPER

Means, when referring to nursery stock, the diameter of a tree measured in accordance with the American Standard For Nursery Stock, ANSI Z60.1, American Nursery and Landscape Association, Washington, D.C.

Shade and flowering trees: Caliper measurement of the trunk shall be taken six inches above the ground up to and including four-inch caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper should be measured at 12 inches above the ground.

COMMUNITY FORESTRY MANAGEMENT PLAN (CFMP)

Clump form and multi-stem trees: Caliper shall be equal to one-half of the total calipers of up to the three largest trunks.

Means the Borough of Fair Lawn's Community Forestry Management Plan accredited by the New Jersey Urban and Community Forestry, New Jersey Department of Environmental Protection.

CRITICAL ROOT ZONE (CRZ)

Means the minimum volume of roots necessary for tree health and safety as defined in ANSI A300. CRZ (radius from the trunk center in feet) is calculated by multiplying the tree's diameter at breast height (DBH) by 5/12.

DIAMETER AT BREAST HEIGHT (DBH)

Means the diameter of the trunk of a tree measured at a point 4.5 feet above ground level from the uphill side of the tree.

HAZARD TREE

Means a tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees. A licensed tree expert shall make all hazard tree determinations. A hazard tree:

Has an infectious disease or insect infestation;

Is dead or dying;

Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;

Is causing obvious damage to structures (building foundations, sidewalks, etc.); or

LICENSED TREE CARE OPERATOR (LTCO)

Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or licensed tree expert (LTE).

HEIGHT

Means the measurement of a tree from the ground level for field-grown stock or from the soil line for container-grown stock, which should be at or near the top of the root flare.

LANDMARK TREE

Means any tree designated and identified as such by the Borough Council pursuant to the standards set forth in § 226-4 of the Borough Code.

Means an expert as defined in the Tree Experts and Tree Care Operators Licensing Act, N.J.S.A. 45:15C-11 et seq.; an LTCO can perform all of the following: tree pruning, tree removal, stump grinding, stump removal, brush cutting, and brush removal.

LICENSED TREE EXPERT (LTE)

Means an expert as defined in the Tree Experts and Tree Care Operators Licensing Act, N.J.S.A. 45:15C-11 et seq., is distinct from an LTCO, and can perform all of the duties of an LTCO plus fertilization, tree establishment, consulting, diagnosis, treatment of diseases, cabling and bracing, tree management during site development and tree assessment. An LTE shall have tree risk assessment qualifications and shall use applicable protocols for tree risk assessment.

PERSON

Means any individual, corporation, company, partnership, firm, association, political subdivision of the state and any state, interstate or federal agency.

PLANTING STRIP

Means the part of a street right-of-way between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.

PUBLIC LANDS

Means lands owned or controlled by the Borough or by any other governmental body, including highways, parks, public rights-of-way and easements.

PUBLIC TREE

Means any tree located on public lands.

REGULATED TREE

Means any tree on private property having a trunk with DBH of six inches or more or any public tree with DBH of 1.5 inches or more.

TOP or TOPPING

Means, with reference to trees, the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree.

TREE

Means a woody perennial plant, typically having a single stem, multiple stems or trunks growing to a considerable height and bearing lateral branches at some distance from the ground.

TREE PROTECTION ZONE (TPZ)

Means, as defined in ANSI A300, the area surrounding a tree defined by a specified distance in which excavation and other construction-related activities should be avoided. The TPZ is variable depending on species, factors, age and health of the plant, soil conditions, and proposed construction. The TPZ may be accomplished by physical barriers or soil protection layers and treatment. TPZ shall be calculated for each individual tree by an LTE using current industry standards and best practices.

TREE REMOVAL

Means the act of killing or causing irreparable damage that leads to the decline and/or death of a regulated tree, and includes, but is not limited to, cutting down, excessive pruning, application of substances that are toxic, and improper grading and/or soil compaction within the TPZ of the regulated tree.

Regulated activities.

Any person planning to remove a regulated tree shall submit a tree removal application to the Borough of Fair Lawn Superintendent of the Department of Public Works (DPW). A tree removal application for the removal of three or more trees shall be reviewed by the Borough Arborist. No regulated tree shall be removed until the application has been reviewed by the Borough and a permit has been issued. No regulated tree shall be removed or substantially altered other than by an LTE or LTCO who is registered with the Borough per Chapter 227.

Tree removal permit application. All applications shall be submitted in accordance with the following:

The application shall contain the name of the applicant, name and address of owner of the property (with consent of the owner if different from the applicant), street address and tax lot and block of the property in question, telephone number, email address, LTE and/or LTCO name, address, telephone and license number, the total number of trees to be removed, and the reasons for the removal.

A tree removal plan shall be submitted consisting of a survey or approved site plan showing the location, size and species of all regulated trees on the property indicating with an "X" those regulated trees proposed to be removed.

All regulated trees proposed to be removed shall be marked with a ribbon. Trees shall not be marked with paint.

Proof of written consent from the adjacent property owner for any boundary line tree proposed to be removed.

Tree replacement plan showing the location, species, planting size and caliper of trees proposed to be planted.

Application fee in the amount of $25.

Tree replacement requirements. Replacements shall be properly maintained for a period of two years to ensure their survival and shall be replaced as needed. Trees planted in temporary containers or pots do not count towards tree replacement requirements. Replacement shall be made in accordance with the following table:

Table 2-1: Tree Replacement Requirements and Removal Permit Fees
Category	Tree Removed (DBH)	Required Action	Permit Fee
1	2.5" to 5.99" (public trees)	Replant 1 tree with a minimum caliper of 2" to 2.5" for each tree removed	$50 per tree to be removed
2	6" to 12.99"	Replant 1 tree with a minimum caliper of 2" to 2.5" for each tree removed	$50 per tree to be removed
3	13" to 22.99"	Replant 2 trees with a minimum caliper of 2" to 2.5" for each tree removed	$50 per tree to be removed
4	23" to 32.99"	Replant 3 trees with a minimum caliper of 2" to 2.5" for each tree removed	$50 per tree to be removed
5	33" or greater	Replant 4 trees with a minimum caliper of 2" to 2.5" for each tree removed	$50 per tree to be removed

Replacement alternatives. If the Borough determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall do one of the following:

Plant replacement trees on other lands owned by the applicant within the Borough of Fair Lawn.

In lieu of off-site replacement, the applicant shall pay a fee in the amount of $250 per tree required to be replaced. This fee shall be placed into the Fair Lawn Tree Trust.

Time of completion. Any tree required to be planted shall be planted within 12 months after the completion of the project or removal of the tree for which the permit was issued, preferably during the spring or fall planting seasons.

Protection of existing trees.

In connection with any construction, subsequent to tree clearing but prior to the issuance of a building permit or start of construction, snow fencing or other protective barrier acceptable to the Borough Construction Official shall be placed around trees that are not to be removed. Snow fencing or other protective barrier shall be installed at the limit of the TPZ for each tree as determined by the LTE. No equipment, including construction vehicles, chemicals, soil deposits or construction materials, shall be placed within the TPZ of any tree.

No person shall:

Cut down or remove any tree except as permitted by this § 125-45 or allow or cause such cutting or removal.

Cause or allow any willful damage, injury or disfigurement of any tree growing within the subject property. For purposes of this subsection, the actions of any person shall be deemed willful if the damage, injury or disfigurement of any tree is caused as the result but not limited to the following: cutting, gashing or slitting on any tree; the pouring of any liquid or other material on any tree or on the nearby ground; the construction or placement of any nonporous material on the ground around any tree so as to cut off air, light or water from the roots; or placement or removal of any soil within the TPZ of any tree.

Store or pile building materials or debris or place construction equipment within the TPZ of any tree.

In the event that any tree to be saved in connection with construction, as set forth above, or any tree planted in mitigation shall die within two years after planting, it shall be replaced by the property owners within six months.

Standards for application review.

Upon receipt of an application for tree removal, the Borough Arborist or the Superintendent of the Department of Public Works (DPW) shall inspect the site on which the regulated trees proposed for removal are located and shall evaluate the drainage and other physical conditions existing on the subject property and adjoining properties. The Borough Arborist shall consider the following factors in deciding whether to approve such permit:

Whether the proposed cutting or removal would impair the growth and redevelopment of the remaining trees on the applicant's property or adjacent property.

Whether the proposed removal would change existing drainage patterns.

Whether the proposed removal would allow soil erosion or would increase dust.

Whether the proposed removal would constitute a significant change in the screening between existing or proposed buildings on contiguous lots or the wooded aspect of the lot as viewed from the adjacent public road.

Whether the proposed removal would constitute a horticulturally advantageous thinning of an existing overgrown area or the removal of dead or diseased trees.

The overall effect of removal of such tree(s) on the physical and aesthetic value of the property and the neighborhood.

Whether the area where such tree(s) are located will be occupied by a building or structure, a driveway, a roadway or a sewer line.

Whether the proposed changes in the topography of the area where such tree(s) are located will have depressed land configuration or fill of land that shall be deemed injurious to the tree or other trees located nearby so as to require welling, construction of an aerification system, or tree removal or replacement.

Whether the proposed removal would remediate a safety hazard to persons or structures.

Conflict with other laws. Notwithstanding anything in this § 125-45 to the contrary, no tree removal shall be permitted where prohibited by any other municipal, state or federal statute, ordinance or regulation.

Issuance of permits.

Permit. Upon approval of the application by the Superintendent of the Department of Public Works (DPW), the marking of trees to be removed, and the installation of tree protection for remaining trees, a tree removal permit will be issued by the Borough. The permit shall be displayed on the subject property in a conspicuous place so that it shall be visible from the closest public roadway. The permit shall be displayed while tree work is being done and for the next 10 days thereafter.

No permit shall be issued retroactively except in cases where a tree has been removed under emergency circumstances in which case documentation (photographs of the tree) shall be submitted to the Borough Superintendent of DPW.

Exemption for hazard trees. All persons shall comply with the permitting requirements and tree replacement requirements in Table 2-1 hereof, except that no permit fee is required to remove hazard trees, and the tree replacement requirements at Table 2-1 shall not apply thereto. Proper justification for the exemption shall be provided to the Borough in the form of a written determination from an LTE.

Enforcement; violations and penalties.

This section shall be enforced by the Borough's Property Maintenance Official and Fair Lawn Police Department who may issue notifications of violations and take any other actions necessary to enforce this section.

Any person found to be in violation shall be subject to a penalty of one or more of the following: imprisonment in the county jail for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days. Each tree damaged, removed or destroyed in violation of this § 125-45 shall be considered a separate offense, and a separate fine shall be levied for each tree.

§ 125-45.1 Bus parking lots.

[Added 9-19-2000 by Ord. No. 1821-2000]

Conditional use. A bus parking lot, as hereinafter defined, shall be a conditional use in the following districts as set forth below:

I-1 Restricted Industrial District.

ENVIRONMENTAL ASSESSMENT REPORT

I-2 General Industrial District.

Definitions. The following terms shall have the following meanings unless the context clearly indicates otherwise.

AUTOMOBILE

Includes all motor vehicles except motorcycles.

BUS

Any motor vehicle or motorbus or omnibus operated as a motorbus charter service or a motorbus regular route service for either commercial purposes or for the transportation of children as defined in school bus herein.

BUS PARKING LOT

The facility approved by the Borough of Fair Lawn on which buses subject to this section remain stationary during the period between discharge and loading of passengers.

BUS SAFETY INSPECTION

An inspection for safety in accordance with the New Jersey Department of Transportation regulations.

COMMUTER VAN

A motor vehicle having a seating capacity of not less than seven and no more than 15 adult passengers in which seven or more persons commute on a daily basis to and from work and which vehicle may also be operated by the driver or other designated persons for their personal use.

That report required by § 125-65D(2) and which shall further include such facts and analysis necessary to evaluate the benefits and adverse effects of the proposed facility relating to:

Inventory: existing land use, social, economic and environmental conditions of the site and surroundings.

Project description: a detailed operational plan of what the applicant proposes to do with the lot, where and how, marketing assessment identification, type of services(s) to be provided and timetable.

Environmental assessment: an assessment of the probable beneficial and adverse impacts of the facility. On-site as well as off-site impact of the facility shall be assessed. Impact shall be quantified wherever possible and shall address geology, soils, hydrology, traffic conditions, public safety, noise, air quality, neighborhood and community impact.

Impact on existing and authorized facilities: an assessment of the probable beneficial and adverse impact of the facility on existing and authorized facilities, including divergence of traffic from existing facilities and economic impact.

Need: a statement indicating the precise inherent benefits to public or private transportation, including increased traffic management efficiency, proximity to other approved bus parking lot facilities, expected impact on existing approved bus parking lot facilities, if any, and other factors deemed necessary to improve air quality and mitigate traffic.

MANIFEST

A record of daily activity by a bus, omnibus, school bus or commuter van which includes, at a minimum, the owners' name, vehicle numbers, arrival and departure times, origins, destinations and number of passengers.

MOTOR VEHICLE

Includes all vehicles propelled otherwise than by muscular power excepting such vehicles as run only upon rails or tracks and motorized bicycles.

OMNIBUS

Includes all motor vehicles used for the transportation of passengers for hire including commuter vans and vehicles used in ride-sharing arrangements and school buses.

OPERATOR

A person who is in actual physical control of a vehicle.

OWNER

The person who holds the legal title of a vehicle or, if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee or mortgagor shall be deemed the owner for the purpose of this section. With respect to property which is subject to an application for development, owner, as defined in § 125-8, shall apply.

PARKING

The standing or waiting in a bus parking lot of a vehicle not actually engaged in receiving or discharging passengers and excludes maintenance and repair functions of any kind, including changing lubricants and fluids, painting signage, using diagnostic equipment and washing vehicles.

PERSON

Includes natural persons, firms, copartnerships, associations and corporations of any kind.

SCHOOL BUS

Every motor vehicle operated by or under contract with a public or governmental agency or religious or other charitable organization or corporation or privately operated for compensation for the transportation of children to or from school for secular or religious education or activities which complies with the regulations of the New Jersey Department of Education affecting school buses, including School Vehicle Type I and School Vehicle Type II as defined hereinafter.

SCHOOL VEHICLE TYPE I

Any vehicle with a seating capacity of 17 or more, used to transport enrolled children, and adults only when serving as chaperones, to or from a school, school connected activity, day camp, summer day camp, nursery school, child-care center, preschool center or other similar places of education. Such vehicles shall comply with the regulations of the New Jersey Division of Motor Vehicles and either the New Jersey Department of Education or the New Jersey Department of Human Services, whichever is the appropriate supervising agency.

SCHOOL VEHICLE TYPE II

Any vehicle with a seating capacity of 16 or less, used to transport enrolled children, and adults only when serving as chaperones, to or from a school, school connected activity, day camp, summer day camp, nursery school, child-care center, preschool center or other similar places of education. Such vehicle shall comply with the regulations of the New Jersey Division of Motor Vehicles and either the New Jersey Department of Education or the New Jersey Department of Human Services, whichever is the appropriate supervising agency.

Owner responsibility.

The owner of any bus, omnibus, school bus or commuter van who parks same at an approved bus parking lot retains ultimate responsibility for compliance with this section even if the owner does not occupy or operate the facility or lot.

A lease, sublease or other legal mechanism shall not be used to alter the use of an approved bus parking lot. Such changes in use shall only be implemented by application for a change in use pursuant to the land use regulations of the Borough of Fair Lawn.

The owner of any approved bus parking lot shall notify the Borough Manager of the Borough of Fair Lawn or his or her designee in writing, return receipt requested, of any change in approved bus parking lot ownership or occupancy.

Approval required.

No bus parking lot shall initiate any operation governed by this section unless the approval required by this section for such operation has been granted by the Borough of Fair Lawn or any of its regulatory subdivisions, departments or agencies.

Conditional approvals which permit operation of a bus parking lot pending actual approval shall not be issued by the Borough or any of its regulatory subdivisions, departments or agencies.

Approvals required by this section shall not be granted by the Borough or its subdivisions, departments or agencies unless the applicant facility is fully operational and in conformance with this chapter.

Site bus capacity. A bus parking lot shall not exceed the site bus capacity approved by the Borough or its regulatory subdivisions, departments or agencies.

Bus parking lots.

All buses, omnibuses, school buses or commuter vans subject to the provisions of this section shall only park in lots for which approval by the Borough has been granted.

The Borough shall consider applications for bus parking lot approval in order of receipt.

Bus parking lot application requirements; approvals.

The bus parking lot approval required by this section shall be in addition to any and all other required county, state or federal approvals. Approval shall be granted only if the applicant bus parking lot satisfies each of the criteria as follows:

Has filed an environmental assessment report as defined herein acceptable to the Planning or Zoning Board, as applicable.

Has a minimum width between buses of not less than three feet; buses may only be permitted to be stacked to a maximum of two buses end to end.

Permits only bus parking at the site along with adequate parking for motor vehicles utilized by employees of the bus parking lot owner either for administrative work or the actual driving of the buses, omnibuses, school buses or commuter vans.

Has lighting and is attended during all hours of operation.

Contains signs conforming to the standards of the Borough.

Possesses two-way radio or telephone equipment sufficient to participate in bus intercept and dispatch activity.

Does not materially impair the intent and purpose of this section.

Possesses sufficient specific area which is made available when needed to the New Jersey Department of Transportation (NJDOT) for bus safety inspections.

Provides on-site driver services, including food services, rest rooms, security, lounge areas, recreational areas and communication services.

(j)

The owner of any approved bus parking lot must provide for the installation of a minimum of one fire hydrant, including all piping, located in the public right-of-way immediately adjacent to the site. Additional hydrants shall be spaced a maximum distance of 250 feet apart along said right-of-way adjacent to the property.

(k)

Is in conformance with the New Jersey Noise Control Act (N.J.S.A. 13:1G) and the rules of the New Jersey Department of Environmental Protection promulgated pursuant thereto and the standards contained in the Fair Lawn Land Use Development Ordinance.

(l)

Bulk requirements.

Minimum front yard: 25 feet.

Minimum rear yard: 30 feet. If abutting property is zoned or used for residence, the rear yard dimension shall be 30 feet or equal or exceed 1 1/2 times the height of building erected, whichever is greater.

Minimum side yard: 20 feet. If abutting property is zoned or used for residence, the interior side yard dimension shall be 20 feet or equal or exceed the maximum height of building erected, whichever is greater.

Maximum building height: 2 1/2 stories, 30 feet.

Maximum building coverage: 25%.

Maximum impervious coverage: 90% or the maximum impervious coverage permitted in the zone, whichever is less.

Front yard buffer: 10 feet.

Side yard buffer: 20 feet.

[9]

Rear yard buffer: 25 feet.

[10]

If parking is proposed in the front yard, the parking shall be screened from view from the street by a landscaped berm no lower than three feet in height. Said berm shall be constructed so as not to interfere with sight distance at driveways.

[11]

All buffer strips shall have a minimum width of five feet of dense evergreen, i.e., verdant throughout the entire year, plantings along the outside edge of said strip five feet in height at the time of planting, which shall be spaced four feet on center. The remainder of the buffer strip shall be landscaped in a manner approved by the reviewing agency. Such buffer strips shall in no way be used for storage of any kind or for the overhang of vehicles parked adjacent to the buffer strip.

[12]

Accessory structures:

[a]

Accessory structures or buildings are prohibited in the front yard.

[b]

Minimum side yard: 20 feet.

[c]

Minimum rear yard: 25 feet.

[d]

Maximum height: 20 feet.

[13]

The ratio of car parking and bus parking shall be one car space for 1.1 buses.

(m)

A minimum circulation aisle width between each row of buses of 15 feet for one-way flow and 25 feet for two-way flow, with signs and striping as required by the Manual on Uniform Traffic Control Devices (MUTCD) standards;

(n)

A minimum lot depth of 100 feet.

(o)

Perimeter fencing providing for screening and security in accordance with standards for off-street parking areas and as may be required by the Planning Board. Said fence shall provide screening or buffering from adjacent properties and shall be a minimum of six feet in height.

(p)

Is in conformance with municipal land use ordinances to the extent that such conformance is not inconsistent with this section and with all other applicable state, county and federal laws, rules and regulations.

Applicants for approval of any bus parking lot shall complete and submit an original and 20 copies of an application form provided by the Borough, including any maps, plans or drawings required by the Borough, containing and without limitation the following:

Location, dimensions and legal description of proposed lot.

Hours of operation.

Security measures to be provided.

Provision for on-site lavatory dumping facilities.

Evidence of on-site radio/telecommunications equipment and valid licenses, if required, for the same.

Environmental assessment report as set forth herein.

Number of on-site bus capacity parking spaces.

Provide a proposed drainage plan.

Provide a proposed striping and signage plan and the minimum parking space dimensions; provide an interior traffic flow design, including but not limited to access by police, fire, rescue and emergency management vehicles and personnel.

(j)

Identify how many parking spaces will be made available for bus employee parking and the minimum parking space dimensions.

(k)

Fuel tanks and pumps.

(l)

Staffing plan.

(m)

Bus driver amenities.

(n)

Site signage.

(o)

Evidence of compliance with applicable federal, state and county laws and regulations.

(p)

Site plan and layout.

One additional copy of the application shall be served upon the Borough of Fair Lawn Police Department and one additional copy of the application shall be served upon the Fair Lawn Volunteer Fire Department, and proof of such service by way of affidavit of certified mail return receipt must be filed with the Borough Planning or Zoning Board, as applicable.

Prohibited activities. The following activities are prohibited at or on a bus parking lot:

Maintenance or repairs of automobiles, buses, commuter vans, motor vehicles, omnibuses, and school buses, both Vehicle Type I and Vehicle Type II. Said prohibited maintenance and repair activities includes changing of lubricants and fluids, painting signage, using diagnostic equipment and washing vehicles.

No bus on site shall idle or remain with its motor running for more than three consecutive minutes for gasoline engines and 10 consecutive minutes for diesel engines.

Fee schedule for bus parking lot.

A fee of $300 shall be paid for a bus parking lot preapplication conference with the applicable Planning or Zoning Board.

An application fee of $600, plus all costs, fees and expenses incurred by the Planning or Zoning Board, as applicable, for review by its staff and/or professionals, shall be paid for the review of a new or amended application for a bus parking lot.

§ 125-45.2 Driveways, fences and storage sheds.

[Added 9-26-2000 by Ord. No. 1825-2000]

Definitions.

Driveways shall be defined as set forth in § 125-8 of the Land Development Regulations of the Code of the Borough of Fair Lawn.

Fences shall be defined as set forth in § 125-8 of the Land Development Regulations of the Code of the Borough of Fair Lawn.

Storage sheds shall be defined as set forth in § 125-8 of the Land Development Regulations of the Borough of Fair Lawn.

Patios shall be defined as set forth in § 125-8 of the Land Development Regulations of the Code of the Borough of Fair Lawn.

[Added 8-17-2010 by Ord. No. 2192-2010]

No person shall erect, construct or replace a driveway, fence, storage shed or patio without first obtaining a zoning permit from the Zoning Officer.

[Amended 8-17-2010 by Ord. No. 2192-2010]

An application for the zoning permit shall be on forms provided by the Zoning Officer, and the fee for the zoning permit shall be as provided in § 94-12I.

[Amended 1-29-2013 by Ord. No. 2261-2013]

§ 125-45.3 Twenty-four-hour retail establishments.

[Added 10-14-2008 by Ord. No. 2128-2008]

Conditional use. Retail establishments which are located in the B-1 Restricted Business, B-2 General Business, B-3 Business, B-4 River Road Business and B-5 River Road Business Zones and which seek to operate 24 hours per day shall be permitted as a conditional use subject to the following conditions:

No such twenty-four-hour retail use shall immediately abut any residential use.

Parking areas shall be configured so as to prevent vehicular headlights from shining into adjacent residential property. Landscaping buffers shall be maintained in accordance with the requirements of this chapter, and a solid visual screen shall be provided along all property lines that impact adjacent residential property.

Delivery and trash/recycling removal trucks shall only be permitted between the hours of 7:00 a.m. and 6:00 p.m.

All exterior site and building lighting shall be downcast and utilize house-side shields. Light poles shall be no taller than 16 feet, or no taller than the building, whichever is less.

To the extent feasible, outdoor lighting shall be reduced to security level only between 12:00 midnight and 6:00 a.m. and shall be photocell and motion activated, if possible.

No light spillage shall occur onto any adjacent residential property. A point-by-point lighting diagram shall be submitted to the Zoning Official to determine compliance of both building-mounted and pole-mounted light fixtures.

Illuminated signage shall not be visible from adjacent residential property.

Ingress and egress drives, primary circulation lanes and drive-throughs, if permitted, shall be located away from residential areas, where practical, to minimize vehicular traffic and noise which may be a nuisance to adjacent residential areas.

All building entrances and exits intended to be utilized by patrons shall be located on the side or sides of the building which do not abut any residential property, whenever possible, to minimize the potential for patrons to congregate and create noise which may become a nuisance to adjacent residential properties.

The conditions set forth in this chapter shall not apply to the following retail uses:

Pharmacy that employs an in-house pharmacist; and

Those businesses (such as establishments licensed to serve alcoholic beverages) which have their hours regulated by government law, regulation or ordinance.

§ 125-45.4 Supplemental standards for planned development.

[Added 2-16-2010 by Ord. No. 2178-2010]

"Planned development" shall be as defined in the Municipal Land Use Law at N.J.S.A. 40:55D-6.

Informal plan review recommended.

It is strongly recommended that an applicant for a planned development project appear before the Board for informal review of a concept plan for the project prior to the submission of any site plan application.

The concept plan should indicate the location of roadways, pedestrian paths, open space and recreation areas, buildings, driveways and other aboveground site improvements. The number of proposed units, unit types and orientation of buildings should also be provided, as well as architectural sketches of proposed buildings.

The planned development developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, if said open space is not dedicated to the municipality or other governmental agency. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the municipality or municipalities wherein the land is located.

In the event that such organization shall fail to maintain the open space in reasonable order and condition, the municipal body or officer designated by ordinance to administer this subsection may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated municipal body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the municipality, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the designated municipal body or officer, as the case may be, shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by such municipal body or officer, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the designated municipal body or officer, as the case may be, shall determine that such organization is ready and able to maintain said open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the municipal body or officer, as the case may be, shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the municipal body or officer in any such case shall constitute a final administrative decision subject to judicial review. If a municipal body or officer is not designated by ordinance to administer this subsection, the governing body shall have the same powers and be subject to the same restrictions as provided in this subsection.

The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.

Findings for planned developments. Per N.J.S.A. 40:55D-45, every ordinance that provides for planned developments shall require that prior to approval of such planned developments the Planning Board shall find the following facts and conclusions:

That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to subsection 52c of the Act;[1]

Editor's Note: See N.J.S.A. 40:55D-65.

That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate;

That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;

That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;

In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

§ 125-45.5 Senior Housing Overlay Zone.

[Added 4-27-2021 by Ord. No. 2569-2021]

The Senior Housing Overlay Zone shall be applicable to Block 4804, Lot(s) 1 and 3.

Permitted uses.

Any use in the underlying zoning district.

Senior housing, defined as:

Units in which the head of household is 55 years of age or greater; and

There shall be prohibited from permanent residency any person younger than 19 years of age; and

In the event of the death of a head of household meeting the above-stated age requirements, a remaining spouse of less than 55 years of age shall be permitted to continue to reside.

Medical doctor offices, urgent care facilities, dialysis centers, and physical therapy facilities.

There may be both uses permitted by the underlying zoning and senior housing on the same site.

Accessory uses.

For uses permitted by the underlying zoning district, permitted accessory uses shall be as per the underlying zoning district.

Permitted accessory uses and structures for senior housing shall be customarily incidental to and located on the same lot as the principal use, provided that any accessory use or structure is for the exclusive use of residents, their guests, and staff of the building or buildings. These permitted accessory uses are:

Lobby, sales, management, and leasing offices;

Loading spaces and docks, recycling and refuse storage areas;

Recreational facilities, including active or passive amenity courtyard space and/or terraces, pool, grilling station, fitness center and multipurpose rooms;

Personal services such as hair care, nails, massage, and spa;

Pet grooming and care;

Boutique grocery;

Pharmacy;

Fencing/walls up to five feet in height;

Surface or structured parking;

(j)

Maintenance building for property maintenance with a maximum floor area of 1,100 square feet, to be styled and in similar materials to the principal residential building;

(k)

Security structures such as gatehouses;

(l)

Mechanical equipment, including generators;

(m)

Offices for doctors and/or other medical professionals for nonemergency treatment, diagnosis, and consultation on a part-time or full-time basis;

(n)

Lobby/dropoff area;

(o)

Conference room/meeting room;

(p)

Storage lockers;

(q)

Cafeteria/dining space/coffee bar/cafe;

(r)

Dry cleaning/laundry facility (not retail);

(s)

Car charging stations.

(t)

This list is not intended to be comprehensive and shall include other uses, structures and amenities that are now trending or become customary and incidental to senior housing, such as raised planting beds, on-site chef, cooking classes, gas firepits, saunas, etc.

Affordable housing requirement are as per the Borough Affordable Housing Ordinance,[1] 15% for rental units, 20% for sale units, or as otherwise provided therein.

Editor's Note: See Ch. 49, Affordable Housing.

Bulk regulations.

The bulk regulations for uses permitted by the underlying zoning shall be the same as the underlying zoning.

Maximum density for senior housing is 50 dwelling units per acre. Any lot area not devoted to senior housing or shared parking for that housing shall be excluded from the density calculation.

Maximum building height for senior housing shall be 55 feet.

Building setbacks shall be a minimum 20 feet from all property lines. Unenclosed stairs, decks, stoops and balconies are permitted to encroach up to eight feet into the required setbacks.

Maximum building coverage: 50%.

Maximum impervious coverage: 75%.

Minimum building setback from internal roadways: Buildings shall be set back at least 15 feet from the face of the curb.

Parking requirements.

For uses permitted by the underlying zoning, the parking requirements shall be as required by the Borough Code for those uses.

For senior housing within the overlay zone, the parking requirements shall be one space per unit.

For medical office uses that are for the general public and not for services to the residents and guests only, the parking requirements shall be one space for every 500 square feet of medical office area.

Shared parking: A shared parking analysis which determines the actual required parking may be provided to reduce the parking ratios. A study shall be prepared by a qualified parking expert or licensed professional planner and be based on hours of operation and specific operational characteristics of the anticipated users in the proposed development.

Site design standards.

Facade treatment, materials, and building articulation.

The design of buildings and landscaping within shall be considerate of the site's prominent location as a large, highly visible property.

Street trees shall be provided along all street frontages and internal roadways as per § 125-45, Trees, and Chapter 226, Trees.

All building design and landscaping shall be designed to be attractive from each vantage point and be consistent in their quality and finish on all elevations.

Solid decorative fencing and a minimum of 10 feet of solid evergreen buffer shall be provided between overlay residential development and adjacent nonresidential uses.

Buildings shall be designed using a color palette that complements the architectural context of the surrounding area.

The visual impact of any parking facilities, or other accessory utility structures, shall be minimized and screened to the greatest extent feasible.

Blank or featureless walls shall be avoided.

High-quality, durable decorative materials shall be incorporated into the facade.

Driveways accessing parking areas shall be designed with depressed curbs and driveway aprons. Curb returns shall be prohibited.

Architectural design standards.

At least one main building entrance shall be adjacent to the street without interruption by parking, access aisles or porte-cochere area. A major entrance for pedestrians shall be provided along this frontage to encourage pedestrian access and connectivity. Vehicular dropoff shall be permitted on the street along this frontage.

Primary exterior building materials shall be wood, brick, stone, lath-applied stucco, metal, glass, fiber cement planks, or other similarly durable and attractive materials. Aluminum siding, vinyl siding, concrete block, permastone, and EIFS or similar cementations concrete panels shall be prohibited.

The buildings shall be designed so as to visually separate the proportions from the ground floor to the roof into vertical segments containing a significant architectural design feature and distinctive materials, such as a high amount of glazing, greater detailing and higher quality materials, at the publicly visible building corners and at the lobby.

No building shall have a wall with an uninterrupted length of more than 30 feet without including a change in the vertical plane of the facade. This may be achieved through any one or combination of the following:

Pilasters, bay windows, building stepbacks, and other facade recesses or projections.

The stepback or projection shall be a minimum of 18 inches from the primary building facade.

The changes in the building facade plane shall occur for the full height of the building, above the first floor.

All facade vents for air conditioning or heating units shall be incorporated into the window design such that vent grills and windows appear as a single unit. This is best achieved by lining up vent grills with the vertical or horizontal edge of the adjacent window and matching the window's length or width or using a spandrel panel to fill any voids. Vent grills shall be hidden behind decorative iron- or metalwork which complements the style of the building.

Where the foundation of a building is exposed, it shall be covered with decorative material. Foundation plantings may also be incorporated between the building and the sidewalk or decorative planters may be utilized to accent the sidewalk and building.

Fences.

No chain-link fences shall be permitted.

Barbed wire, razor wire, or other such materials are prohibited.

Fences higher than 3.5 feet are prohibited in the front yard.

Fences in a side or rear yard area shall have a maximum height of five feet.

Retaining walls shall be constructed of a material, or clad with a material, that complements the design of buildings and landscaping on the site.

Lighting standards.

Floodlights or lights attached to the building other than decorative sconces are prohibited.

All lighting shall be shielded downward and directed in towards the site.

All lighting shall be provided in accordance with the standards of the Borough Zoning Ordinance.

Mechanical equipment and utilities standards.

All mechanical equipment, including utility meters, shall be located internally within a building or to the side or rear of a principal building in which case it shall be totally screened from view.

Where feasible, utilities shall be located underground.

Where feasible, trash and recycling storage facilities shall be located within the principal building. Any outside storage shall be screened.

Any external air-conditioning condensers shall be located on the roof and hidden behind a parapet wall.

Balconies. Where balconies are incorporated as part of the design of buildings, they shall not be utilized for storage purposes. Personal property used on the balcony, including chairs, chaises and tables, may be left on the balconies; however, the storage and display of any and all other personal property is prohibited. The use or storage of gas grills or other cooking facilities on balconies is prohibited. The enclosure of balconies is prohibited.

Signage.

One sign on the front entry canopy, consisting of freestanding letters (internally lit) sitting atop the entry canopy, identifying the project name shall be permitted. The sign letters shall be no greater than 12 inches in height, and the sign shall be no longer than the length of the canopy. The canopy shall be supported by connection to the building and not the ground.

One externally illuminated freestanding monument sign shall be permitted at each access drive set back at least 10 feet from the property line. Each sign shall have a maximum height of 3.5 feet and a maximum surface size of 12 square feet on each side. Perennial and annual landscaping shall be installed around the sign base.

Bike storage. Bicycle storage shall be provided at a rate of one storage space for every five units. The storage shall not be exposed to the elements and easily accessible at ground level.

Sustainability.

Where feasible, solar panels may be provided.

Sustainability measures shall be required, such as but not limited to low VOC interior points and finishes; smoke-free building; ENERGY STAR^® appliances; ENERGY STAR^® lighting fixtures; auto-off movement sensor light fixtures in closets; windows with low-E coating; and low-flow water fixtures to be approved by the Planning Board.

§ 125-45.6 B-1A Overlay Zone.

[Added 11-22-2022 by Ord. No. 2640-2022]

The B-1A Overlay Zone shall be applicable to portions of Blocks 5834, 5836, 5901, 5903 and 6801 located in the B-1 Zone.

Permitted uses. Any use in the underlying zoning district.

Conditional uses.

Any conditional use in the underlying zoning district.

Restaurants, drive-through, as defined in § 125-8, Definitions ("drive-through restaurants"), provided that the lot, use and structures shall adhere to the minimum standards of the underlying zone and the following:

Conditional use standards.

No part of any entrance or exit of a drive-through restaurant shall be located within 100 feet of a residential zone.

Drive-through lanes shall be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas.

The length of the drive-through lane shall be such as to permit the stacking of vehicles in a queue without blocking or encroaching upon entry or exit driveways, or driveway aisles used for access into or out of parking stalls. A vehicle is considered as queued when it approaches within one car length of a stopped vehicle and is itself about to stop.

There shall be a bail-out lane for every such facility where cars can safely leave the queue.

Reserve parking spaces shall be provided between the drive-through area and the facility's exit. Such parking spaces are intended for use by any drive-through vehicles awaiting delivery of a delayed order.

Each entrance to a drive through lane and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right-of-way.

Pedestrian walkways shall not intersect drive-through lanes unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.

A drive-through window shall not be located along the front facade.

[9]

No loudspeakers shall be permitted within portions of the property that face a residential zone district or residential property line.

[10]

Order boards or other signs adjacent to the drive-through lanes shall have sound attenuation devices.

General standards for drive-through restaurants.

Drive-through restaurants shall operate in full compliance with the licensing provisions of Chapter 90 of the Code of the Borough of Fair Lawn 2000.

Drive-through restaurants shall operate only when the remainder facility is open to the public.

All signs shall conform to the requirements set forth in § 125-41, Signs.

Off-street parking requirements shall be in conformance with § 125-44, Off-street parking.

No drive-through restaurant will be allowed without approval of a site plan, upon public notice, submitted to the Fair Lawn Planning Board, who in its review and in the exercise of its discretion shall consider the site, its neighborhood, the health, safety and general welfare of the Borough of Fair Lawn and the properties adjacent to or affected by the proposed use. Such a site plan shall include no less than:

[a]

A parking and traffic plan;

[b]

A traffic impact statement;

[c]

A lighting plan;

[d]

Any other detail that the Planning Board requires to determine site plan approval.

Design standards for drive-through restaurants.

No sign or order board shall have a height of greater than eight feet, measured from the ground below such sign, and have an area of greater than 32 square feet.

Drive-through lanes shall have a minimum width of 10 feet.

Drive-through entrances and exits for restaurant patrons shall be at least 100 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the nearest curb cut on an adjacent property.

The minimum distance between driveways on the site shall be 65 feet, measured between the curb returns.

The length of the drive-through lane and the vehicles queue shall be designed to the satisfaction of the Board Engineer.

General design standards shall be in conformance with § 125-47.1, General design standards for commercial, mixed-use and multifamily residential development.

Parking and loading areas shall be in conformance with § 125-48, Parking and loading areas.