Haledon City Zoning Code
ARTICLE III
District Regulations
§ 405-6 A Residence Zone.
A.
Permitted uses. Within the A Residence Zone, no lot, building or structure or any part thereof shall be used, and no building or structure or any part thereof shall be built, altered, enlarged, modified, arranged, intended or designed to be used, for any purpose other than the following:
(1)
A single detached dwelling used as a residence for not more than one family, on a lot not less than 50 feet in width and having an area of not less than 5,000 square feet. Such residence may contain the professional office of its resident owner only where the owner of such dwelling is a member of a recognized profession, provided that the office work therein involves principally the personal services of said owner; and provided further that such office shall be located only on the first floor of said dwelling and that the area thereof shall be limited to not more than 50% of the first-floor area of said dwelling; and provided further that in connection with said office, no overnight hospital facilities shall be provided for persons or animals.
(2)
Church or other place of worship, including parish house and Sunday school building; public school; municipal parks; public recreational facilities; public hospitals; public library; public museum; public art gallery, reading room or any lot or building thereon owned and used exclusively by the federal, state, county or Borough government for public purposes.
(3)
Accessory uses customarily incidental to the above uses, provided that no garage shall be designed and built for or used for any purpose other than as a garage for not more than three passenger cars and as an accessory to the principal building on said lot, and provided that provisions for the open spaces on any such lot as required by this chapter are maintained. Within any residential zone, the use of garage space by anyone other than the owner or occupant of the main building is prohibited.
B.
Within any A Residence Zone, no person may use in connection with any commercial enterprise, except as in this chapter specifically permitted, any lot or premises for storing any combustible material, coal or fuel, contractors' equipment, commercial vehicles, building materials or for the storage of any trailer or trailers built or designed for living purposes, provided that no such trailer or trailers shall be used or permitted to be used for any of the purposes hereinabove set forth.
§ 405-7 A-A Residence Zone.
A.
Permitted uses. Within the A-A Residence Zone, no lot, building or structure or any part thereof shall be used, and no building or structure or any part thereof shall be built, altered, enlarged, modified, arranged, intended or designed to be used, for any purpose other than the following:
(1)
A single detached dwelling used as a residence for not more than one family, on a lot not less than 75 feet in width and having an area of not less than 7,500 square feet. Such residence may contain the professional office of its resident owner only where the owner of such dwelling is a member of a recognized profession, provided that the office work therein involves principally the personal services of said owner; and provided further that such office shall be located only on the first floor of said dwelling and that the area thereof shall be limited to not more than 50% of the first-floor area of said dwelling; and provided further that in connection with said office, no overnight hospital facilities shall be provided for persons or animals.
(2)
All other uses permitted in an A Residence Zone.
§ 405-8 A-A-A Residence Zone.
A.
Permitted uses. Within the A-A-A Residence Zone, no lot, building or structure or any part thereof shall be used, and no building or structure or any part thereof shall be built, altered, enlarged, modified, arranged, intended or designed to be used, for any purpose other than the following:
(1)
A single detached dwelling used as a residence for not more than one family, on a lot not less than 125 feet in width and having an area of not less than 20,000 square feet. Such residence may contain the professional office of its resident owner only when the owner of such dwelling is a member of a recognized profession, provided that the office work therein involves principally the personal services of said owner; and provided further that such office shall be located only on the first floor of said dwelling and that the area thereof shall be limited to not more than 50% of the first-floor area of said dwelling; and provided further that in connection with said office, no overnight hospital facilities shall be provided for persons or animals.
(2)
All other uses permitted in an A Residence Zone.
§ 405-9 A A-1 Residence Zone.
§ 405-10 B Residence Zone.
A.
Permitted uses. Within any B Residence Zone, no lot, premises, building or structure or any part thereof shall be used, and no building or structure or any part thereof shall be built, altered, enlarged, modified, arranged, intended or designed, for any purpose other than the following:
(2)
A single detached building to be used as a dwelling for not more than two families, on a lot not less than 50 feet in width and having an area of not less than 5,000 square feet.
(3)
Duplex dwelling houses to be used as a dwelling for not more than four families, on a lot not less than 100 feet in width and having an area of not less than 10,000 square feet; provided, however, that such houses shall meet with all other requirements of this chapter.
(4)
Accessory uses customary to the use set forth in Subsection A(3); provided, however, that no garage shall be designed and built for any purpose other than as a garage for not more than four passenger cars and as an accessory to the principal building on said lot, and provided that the provisions for open spaces on any such lot as required by this chapter are maintained. The use of garage space by anyone other than the owner or occupants of the main building is prohibited.
(5)
Customary home occupations, such as dressmaking, hat trimming, artwork, laundering, home cooking and embroidery, provided that such occupation shall involve principally the personal service of the resident owner or lessee of the principal building, and that not more than the equivalent of 1/2 the area of one floor shall be used for such purpose and that no display of such products shall be visible from the street.
B.
Within any B Residence Zone, no person may use in connection with any commercial enterprise, except as in this chapter specifically permitted, any lot or premises for storing any combustible material, coal or fuel, contractors' equipment, commercial vehicles or building materials or for the storage of any trailer or trailers built or designed for living purposes, provided that no such trailer or trailers shall be used or permitted to be used for any of the purposes hereinabove set forth.[1]
§ 405-11 TH Townhouse Zone.
[Added 12-9-1981 by Ord. No. 11-11-81A]
A.
Purpose. The purpose of the TH Zone is to provide for the development of townhouses and/or single-family dwellings.
B. ACTIVE RECREATION AREA BASEMENT BEDROOM BUILDING HEIGHT CELLAR COMMON OPEN SPACE COVERAGE DRIVEWAY GROSS DEVELOPMENT SITE AREA MINIMUM HABITABLE FLOOR AREA PARKING STALL PLANNED RESIDENTIAL DEVELOPMENT (PRD) ROADWAY SETBACK STORY TOWNHOUSES
The following words and terms shall have the definitions hereinafter provided. All other words and terms in this section shall have the definitions as provided elsewhere in this chapter or otherwise as the context so dictates.
A parcel of land dedicated and designed for the use and enjoyment of the owners and residents of the development, provided that the said area may be improved with buildings, structures and facilities incidental to the recreation use.
A story partly above grade level, having more than 1/2 of its floor-to-ceiling height above the average level of the adjoining ground. For the purposes of this chapter, a basement used for residential purposes must have more than 50% of its volume of space above the grade elevation to qualify as a story.
A room for sleeping with a minimum area of 120 square feet.
The vertical distance measured from the main level of the ground surrounding the building to the highest point of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections.
A story below or partly above grade level, having 1/2 or more of its floor-to-ceiling height below the average level of the adjoining ground.
An area of unimproved land within the site designated for development; provided, however, that recreational facilities with attendant buildings, structures and facilities may be situated therein, as well as common building areas.
The percentage of area that is occupied by buildings or structures, including all roofed areas, plus all uncovered required parking spaces.
The limited vehicular access road serving a cluster of buildings in the PRD.
The total gross acreage of a development within existing streets and/or property lines prior to development or subdivision, including streets, easements and common open space portions of the development.
The finished and heated area of a dwelling unit that is fully enclosed by the inside surfaces of walls and windows, excluding cellars, basements, attics, porches, garages, terraces, carports, heating rooms and any unheated area. The ceiling height of 75% of the area must be at least seven feet six inches.
The individual parking area servicing each unit in a cluster in the PRD.
Dwelling units in detached, semidetached, attached, groups of attached or clustered or multistoried structures, or any combination thereof, and any supporting facilities, to the extent such supporting facilities are designed and intended to serve the residents of the planned residential development, and such other uses as exist or may reasonably be expected to exist in the future.
The common arterial vehicular access road within the development.
Measured from external lot line.
That portion of a building included between the surface of any floor and the surface of the floor above it.
A building containing two or more dwelling units, each dwelling unit separated by plane vertical party walls (horizontal townhouse) or one-over-one dwelling units (vertical townhouses), separate and apart, each having direct access to the outside and the street without use of a common hall or passageway.
C.
Permitted principal uses. No building or structure shall be erected and no existing building or structure shall be reconstructed, moved, altered, added to or enlarged, nor shall any land, building or structure be designed, used or intended to be used, for any purpose other than as follows:
D.
Accessory uses. Any use which is subordinate, but related and customarily incidental, to the principal permitted use.
F.
Size of planned residential development. No tract, parcel or lot shall be developed as a planned residential development unless it shall contain a minimum of 9.0 acres of adjoining and contiguous land.
G.
Residential units in PRD shall be designed in accordance with the following standards:
K.
Land use density of PRD. The overall residential density shall be no more than 4.0 units per acre of the gross site area.
L.
M.
Area, bulk and yard regulations for all uses except a PRD.
(1)
Permitted uses. Any use permitted in the A A-1 Residence Zone is permitted in the TH Zone, excepting, however, the same must conform to the area, bulk, frontage, depth and yard requirements for an A A-1 Residence Zone.
O.
Circulation requirements for PRD.
(1)
Any development or cluster within a development shall have two separate access points to the roadway servicing the development.
(a)
If the main access to any PRD development from the public road is limited to one roadway, said roadway must be a divided roadway containing one exit and one entrance lane, each 20 feet in width and separated from each other by a divider with an average width of not less than 10 feet and having a length not less than 100 feet.
(3)
No roadway, public or private, and no driveway and/or parking stall shall have a grade in excess of 10%.
(4)
Construction of pavement of all public roadways shall conform to the Borough standards for public roads.
P.
Utility improvements for PRD.
(1)
Water facilities.
(a)
The site shall be connected to a municipal water system.
(b)
All facilities shall be designed and installed in accordance with the standards of the applicable governmental bodies having jurisdiction thereof.
(c)
All water mains shall be a minimum of eight inches in diameter and shall be designed with fire hydrants to provide adequate fire protection in accordance with the recommendations of the National Fire Underwriters Board. The location of fire hydrants shall be determined by the Municipal Fire Department.
(d)
The water storage system shall conform to the recommendations of the National Fire Underwriters Board. A separate storage reservoir shall be provided if tests indicate municipal facilities are inadequate due to low pressure or undersized mains or inadequate supply.
(2)
Sanitary sewerage system.
(a)
The development shall be serviced by a central sanitary sewage collection system discharging into the municipal or regional wastewater facilities. The collection facilities shall be designed in accordance with the standards of the New Jersey Department of Environmental Protection and/or other appropriate local, county, state and federal officials and agencies.
(b)
The developer shall provide an organization for the ownership and maintenance of any and all sewerage facilities, including but not necessarily limited to all collectors, appurtenances, pumping facilities and outfall sewers, not located within municipal streets or rights-of-way. Said organization shall be fully responsible for compliance with all federal, state and local laws and regulations; for securing all pertinent permits; for the operation, function and maintenance of any on-site facilities. Said organization shall not be dissolved. Said organization shall be constituted in a manner as per the recommendations of the Borough Attorney.
(3)
The development shall be serviced by a stormwater management system as provided by the Stormwater Control Ordinance adopted or to be adopted and said system shall conform to all relevant federal and state statutes, rules and regulations concerning stormwater management or flood control.
(a)
Any PRD development will be required to provide a comprehensive drainage system for the entire property, including a mandate that there will not be any increase in the rate of runoff from the property than exists in its present state (0% increase in peak runoff). Moreover, the applicant will be required to ensure that there will be no significant impact from this development on adjoining properties.
(4)
Electric, gas, telephone and cable television service, if available, shall be provided by the developer in concert with the appropriate public utility providing such service and shall be installed underground, except high-voltage electric primaries over 30,000 volts.
(5)
Street improvements, monuments, street names and other traffic control devices, shade trees, streetlights, sidewalks, curbs, fire hydrants and all aspects of street construction, as well as other improvements, shall be subject to local and state regulations and Borough Engineer approval.
Q.
Common open space requirements.
(1)
A minimum of 25% of the gross site area shall be designated and designed for common open space. Such land shall be optimally related to the overall plan and design of the development and shall provide that a portion thereof will be accessible and available to each unit owner in the development.
(2)
A minimum of 7% of the gross site area, whichever is greater, shall be designed and dedicated for recreational purposes.
(3)
The area for detention basins and other drainage control devices shall not qualify as active recreation space as required by this section. Land having slopes in excess of 20% and chronically wet marshland shall not qualify as active recreation space as required by this section.
(4)
Active recreation space may be improved with facilities, buildings and structures for indoor and outdoor recreational activities consistent with the residential character of the development.
(5)
All improvements of the common open space area as shown on the approved site plan, including recreational facilities, buildings and structures, shall be completed before a certificate of occupancy shall be granted to more than 75% of the proposed dwelling units.
(6)
All owners and residents of the planned residential development shall have the right to use the common open space and active recreational facilities, subject to reasonable rules and regulations. In the event the proposed development shall consist of a number of stages, the developer shall provide active recreational areas proportionate in size to the stage being considered for final approval.
(7)
All open space shall be connected to residential areas by walkways or other reasonable means of access.
R.
General design standards of PRD.
(1)
Buffer.
(a)
The developer shall provide and maintain a buffer area of not less than 50 feet from all external lot lines of the development. The said buffer area shall be kept in its natural state where wooded, and where natural vegetation is sparse or nonexistent, the area shall be planted to provide a year-round natural screen.
(c)
The required buffer area shall be included for the purpose of computing compliance with the common open space requirements and yard setback requirements of this section.
(d)
The Planning Board may reduce or eliminate the requirements for a buffer area upon finding that the planned residential development abuts another planned residential development or a natural or man-made barrier and that by reason thereof the buffer area may be modified or eliminated without detriment to existing or proposed uses.
(2)
Each building and structure and each complex of the same shall have a compatible architectural theme with appropriate variations in design to provide attractiveness to the development. Such variations shall result from the use of landscaping and the location and orientation of buildings and structures to the natural features of the site.
(3)
Landscaping.
(a)
Landscaping shall be provided throughout the development site to provide a natural setting for buildings, structures and recreational facilities. Shade trees shall be planted at the discretion of the Planning Board adjacent to public or private roadways. The trees shall be hard maple or ash or similar trees as approved by the Planning Board. No tree shall be planted nearer than 25 feet to an intersection.
(b)
All island or unpaved areas within a street shall be landscaped.
(c)
Within any area of clearing not occupied by a building, structure, street, parking area or recreational facility, there shall be provided a minimum of 12 trees per acre calculated on gross acreage. The trees shall have a minimum diameter of four inches as measured three feet above the ground; existing trees meeting the aforesaid criteria shall be included in determining compliance herewith.
(4)
Concrete walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet.
(5)
No natural vegetation shall be disturbed except as approved by the Planning Board. The site plan shall indicate the maximum area of clearing.
(6)
No building or structure shall be located within 35 feet of the high-water mark of any stream or watercourse.
(7)
Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to provide for the safe and convenient use of the same. Fixtures shall be situated and designed in keeping with the character of the development and shall be adequately shaded to screen windows of dwelling units both off and on the development site from direct and indirect light. No flashing, intermittent or moving light shall be permitted.
(8)
Air-conditioning units in excess of 2,500 BTUs shall be screened and insulated for aesthetic and acoustical purposes.
(9)
Every dwelling unit shall have two means of ingress and egress to the exterior without sharing a hallway, stairway or elevator with another unit.
(10)
Adequate sound protection between dwelling units shall be provided and designed in accordance with sound engineering principles.
S.
Ownership and maintenance.
(1)
The developer shall have the right to offer the common open space for dedication to the municipality.
(2)
In the event the municipality shall not accept the dedication or the developer shall not offer the same, the following regulations shall apply:
(a)
The developer shall establish an organization for the ownership and maintenance of any common open space and off-street parking space for the benefit of residents of the development. Such open space and other property shall be held in perpetuity by the organization, subject to an open space easement, and the owner shall reserve the right to construct necessary and appropriate structures and facilities for active recreational or agricultural purposes for the benefit of the owners of the lots in such tract. 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 obtaining the consent of the members of the organization as provided by law and also without offering to dedicate the same to the municipality. The developer shall be responsible for the maintenance of any such open space until such time as the organization established for its ownership and maintenance shall be formed and functioning, and shall be required to furnish a performance guaranty in an amount to be fixed by the municipality's Engineer for such maintenance for a period of two years after the date of acceptance of all streets in the development.
(b)
In the event that the organization shall fail to maintain the open space in reasonable order and condition, the governing body may serve written notice upon such organization or upon the residents and owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition and demanding that such deficiencies be remedied within 35 days of the date of service. The notice shall also state the date and place of a hearing thereon, which shall be held within 15 days after the date of the notice. At such hearing, the governing body may modify the terms of the original notice as to deficiencies and may give an 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 governing body, 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 governing body 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 residents and owners of the development, to be held by the governing body, at which hearing such organization and the residents and owners of the development shall show cause why such maintenance by the municipality shall not, at the discretion of the governing body, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain such open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the governing body shall determine that 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 governing body in any such case shall constitute a final administrative decision, subject to judicial review.
(c)
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 tax lien on said properties and be added to and be part of the taxes to be levied and assessed thereon, and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.
(d)
It shall be the responsibility of the owner of the common open space to maintain, in addition to the common open space, all off-street parking, loading and unloading areas, driveways, aisles, sidewalks and accessways in good condition, free of litter and refuse, potholes, cracked pavement, ice, snow or other seasonal hazards, etc. All lighting, bumpers, markings, signs, drainage and landscaping shall be similarly kept in workable, safe and good condition. If the owner fails to undertake repairs after proper notification by the Construction Official, the governing body may authorize repairs to be made at the owner's expense if, in the governing body's opinion, conditions constitute a hazard to the safety and welfare of the municipality residents and visitors.
(e)
All documents pertaining to any neighborhood association of common open space shall be subject to review by the Municipal Attorney, shall be countersigned by the Chairman of the Planning Board and the Mayor and recorded as a covenant running with the land when the final plat is recorded by the County Clerk.
T.
Administrative provisions.
(1)
(2)
The applicant for a planned residential development shall submit a comprehensive conceptual site plan for the entire area so zoned and under the applicant's control. Said plan shall be in accordance with the terms of this chapter, Site Plan Ordinance, Subdivision Ordinance and the laws, rules and regulations of any other governmental entity having jurisdiction over the subject matter. The comprehensive plan shall be submitted as part of the preliminary site plan application.
(3)
Staging. Each planned residential development may be developed in stages as outlined herein.
(4)
Applications for final site plan approval or final subdivision approval, or both, shall be limited to a minimum of 25% of the total number of housing units authorized by the Planning Board at the preliminary application stage. Once a final stage is approved by the Planning Board, the second stage shall not be permitted for consideration by the Planning Board for a period of less than three months. All subsequent stages shall likewise have a waiting period of no less than three months from the time of approval granted by the Planning Board of the preceding stage.
(5)
Sequence of stages. In the deliberation of the proposed sequence of stages, the Planning Board shall be guided by the following criteria and factors:
(a)
That each stage is substantially self-functioning and self-sustaining with regard to access, utility service, parking, open space and other similar physical features and shall be capable of occupancy, operation and maintenance upon completion of construction and development.
(b)
That each stage is properly related to every other segment of the planned development and to the community as a whole and to all necessary community services which are available or which may be needed to serve the planned development in the future.
(c)
That adequate protection will be provided to ensure the proper disposition of each stage through the use of maintenance and performance guaranties, covenants and other formal agreements.
(d)
That the landowner will provide a balanced distribution for development in each stage. Said disposition shall be judged on the basis of the level of improvement cost, physical planning and coordination required and other relationships which may be necessary to undertake each stage or segment.
U.
Environmental standards. No site plan for PRD shall receive approval until an environmental impact statement shall have been submitted to and approved by the Borough of Haledon Planning Board, the purpose of obtaining said approval being to determine that the impact of this proposed project will not unreasonably affect the environment of the proposed development and its surroundings. The environmental impact statement shall include the following:[2]
(1)
Plan and description of development. A project description, complete with maps and drawings, which shall specify what is to be done and how it is to be done during construction and operation. The description shall include but not be limited to contours, buildings, roads, paved areas, grading and regrading, adjacent natural streams and the project's relation to surrounding property and utility lines.
(2)
Inventory of existing environmental conditions. An inventory of existing environmental conditions at the project site and in the affected region, which shall describe air quality, water quality, water supply, hydrology, geology, soils and properties thereof, including capabilities and limitations, sewerage systems, topography, slope, vegetation, wildlife, habitat, aquatic organisms, noise characteristics and levels, demography, land use, aesthetics, history, archeology and socioeconomic aspects. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to the Passaic County Soil Survey and the criteria contained in the Passaic County Soil Conservation District Standards and Specifications.
(3)
Assessment of environmental impact or project. An assessment, supported by environmental data, of the environmental impact of the project upon the factors described in the contents of the statement, which shall include an evaluation of water use, liquid and solid wastes on the quality and quantity of surface and ground waters. The assessment shall also include an evaluation of the public costs of the project, including but not limited to the costs of additional schools, roads, police, etc., and indirect costs, such as the loss of open space.
(4)
Steps to minimize environmental damage. A description of steps to be taken to minimize and mitigate adverse environmental impacts during construction and operation both at the project site and in the affected region, such description to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
V.
The TH Zone shall include the following properties described by tax lot and block:
Block 1, Lots 1-15 | |
Block 2, Lots 1-40 | |
Block 3, Lots 1-51 | |
Block 4, Lots 1-5 | |
Block 4, Lots 11-16 | |
Block 5, Lots 1-8 | |
Block 7, Lots 1-3 |
§ 405-12 C Business Zone.
[Amended 4-9-1980 by Ord. No. 3-12-80]
A.
Permitted uses. Within any C Business Zone, no lot, premises, building, structure or any part thereof shall be used, and no building or structure or any part thereof shall be built, altered, enlarged, modified, arranged, intended or designed, for any purpose other than the following:
(2)
Store, office building, business or vocational school, bank, theater, assembly hall, commercial greenhouse, public parking lot, undertaking establishment, personal service establishment, such as a tailor shop for individual customers and not for the trade; shoe shop, hand laundry, barbershop or beauty parlor; restaurant, confectionery, butcher shop, quick-freeze and frozen food locker establishment, retail bakery; shop of a plumber, electrician, radio repairman or similar tradesman; automobile salesroom, including accessory repair shop in rear; public garage, filling or service station for motor vehicles, including repair shop; billiard room, gymnasium or athletic establishment, bowling alley; newspaper or job printing plant, provided that only electric motive power shall be used for operating any machinery used incidentally to a permitted use, and provided further that no supplies, materials or goods shall be stored outdoors, except that trailers may be stored or exhibited for sale, but under no circumstances shall any trailer be used as a residence in this zone.
(a)
No restaurant shall offer for sale food or beverage of any kind for consumption on the premises except within the interior of the restaurant. Consumption of food in cars in parking lots on the premises is expressly prohibited, as well as any consumption of food on the premises other than within the restaurant building.
(b)
The word "store" as used herein is not intended and shall not be construed to include or permit establishments handling or storing coal, lumber, oil, sand, stone, gravel, brick, tile, masonry material or other bulk structural building materials within the business zone.
(c)
Any business use shall only be conducted within the confines of a building. The outside storage or display of goods, merchandise, wares, waste or junk is expressly prohibited.
(e)
Redevelopment areas.
[Added 12-17-2009 by Ord. No. 10-15-2009]
[1]
Any public garage, filling or service station for motor vehicles shall not be permitted and shall be a prohibited use in the TC-1 Zone.
[2]
Any public garage, filling or service station for motor vehicles shall not be permitted and shall be a prohibited use in the TC-2 Zone.
[Added 4-21-2011 by Ord. No. 2-17-2011]
(f)
Cannabis suppliers and/or retailers licensed by the State of New Jersey and the Borough of Haledon.
[Added 7-22-2021 by Ord. No. 5-27-2021]
B.
Lot requirements.
(1)
Lot area. There shall be a minimum lot area of 5,000 square feet.
(2)
Minimum lot width. The minimum lot width shall be 50 feet measured at the street line.
(3)
Minimum lot depth. There shall be a minimum lot depth of 100 feet measured from the street line to the rear of the lot along the side line.
C.
The aforementioned permitted uses permitted in this section shall not be construed so as to include or permit the use of a trailer camp, lunch wagon, diner, roadstand or eating place of a similar type within the business zone.[1]
(1)
Redevelopment areas.
[Added 12-17-2009 by Ord. No. 10-15-2009]
(a)
Access to any site/property located in the TC-1 Zone by commercial vehicles for any purpose whatsoever or any other type of vehicle used for loading and/or unloading of goods and merchandise shall not be permitted from Morrisse Avenue. This provision shall not be applicable to emergency vehicles.
(b)
Access to any site/property located in the TC-2 Zone by commercial vehicles for any purpose whatsoever or any other type of vehicle used for loading and/or unloading of goods and merchandise shall be made pursuant to an on-site traffic circulation plan approved by the Haledon Land Use Board.
[Added 4-21-2011 by Ord. No. 2-17-2011]
D.
The Haledon Land Use Board shall exercise best land use practices when reviewing and granting approval to any application for site plan approval located in the TC-1 Zone, so as to protect the residential neighborhood located along Morrisse Avenue.
[Added 12-17-2009 by Ord. No. 10-15-2009]
§ 405-13 NC Neighborhood Business Zone.
[Added 7-12-1989 by Ord. No. 6-14-89C]
A.
Permitted uses. Within any NC Neighborhood Business Zone, no lot, premises, building, structure or any part thereof shall be used, and no building or structure or any part thereof shall be built, altered, enlarged, modified, arranged, intended or designed, for any purpose other than the following:
(1)
Any residential use permitted in the A and B Residence Zones and subject to such bulk limitations as are provided for residential uses in the A and B Residence Zones. All nonresidential uses in the A and B Residence Zones are prohibited in the NC Neighborhood Business Zone.
[1]
Editor's Note: Sections 1 and 3 of this ordinance provided as follows:
"1. The NC Neighborhood District is located in sections of the two fully developed principal traffic arteries in Haledon, i.e., Haledon Avenue and Belmont Avenue, and consists essentially of existing residential and business structures and combinations thereof. It is the public policy of the Borough of Haledon to continue that established character of the NC Neighborhood District and discourage uses which are inappropriate to that objective. Its purpose is to support and encourage appropriate development and redevelopment and revitalization of commercial uses in that zone district while continuing to permit one- and two-family uses in the NC."
"3. It is hereby determined that the within ordinance amendment, the effect of which will limit permitted uses in the NC Neighborhood Business Zone to A and B residential and retail store, personal service establishment, restaurants, retail bakery and professional and business offices are the appropriate use classifications for the NC Business Zones and that the admixture of those uses is consistent with the existing developed character of the district."
(2)
Retail store, personal service establishment, restaurant, retail bakery, professional and business offices.
(a)
No restaurant shall offer for sale food or beverage of any kind for consumption on the premises except within the interior of the restaurant. Consumption of food in cars in parking lots on the premises is expressly prohibited, as well as any consumption of food on the premises other than within the restaurant building.
(b)
Any business use shall only be conducted within the confines of a building. The outside storage or display of goods, merchandise, wares, waste of junk is expressly prohibited.
(d)
Cannabis suppliers and/or retailers licensed by the State of New Jersey and the Borough of Haledon.
[Added 7-22-2021 by Ord. No. 5-27-2021]
B.
Lot, bulk and site development requirements:
(1)
For any use permitted in the A and B Residence Zones, the requirements shall be as specified in those zones.
(2)
For new commercial uses, the maximum lot width shall be 50 feet, with a minimum lot size of 5,000 square feet, except that existing isolated lots may be utilized, down to a minimum width of 40 feet and a minimum lot size of 4,000 square feet, or with no restriction where such lot is adjoined by continuous business building frontage.
(3)
Maximum building height shall be three stories or 36 feet.
(4)
For new commercial buildings, the following setback requirements shall apply:
(a)
Minimum front yard setbacks shall be 20 feet, except that where an existing building is being replaced, the new setback is not required to be larger, and where the lot is adjoined by a building or buildings with a lesser setback, such lesser existing setback shall apply.
(b)
A minimum side yard of eight feet is required where adjoining a residential zone. No side yard is required otherwise, except that where provided, such side yard shall have a minimum width of six feet.
(c)
The minimum rear yard setback shall be 20 feet.
§ 405-14 D Industrial Zone.
[Amended 7-12-1989 by Ord. No. 6-14-89C]
C.
Required conditions. Any buildings or uses permitted in the D Industrial Zone shall comply with the following conditions:
(1)
Height. No building shall exceed three stories or 40 feet in height, whichever is the lesser.
(2)
Front yard, rear yard, side yards.
(a)
Each building shall have a minimum front yard of 50 feet.
(b)
Every building shall have two side yards, one being a minimum of 50 feet and the other a minimum of 25 feet.
(c)
Every building shall have a minimum rear yard of 25 feet.
(d)
In no case shall any building be located within 65 feet of a residential building boundary line.
(3)
Minimum lot area. There shall be a minimum lot area of 40,000 square feet, the minimum frontage of which shall be 200 feet.
(4)
Minimum floor area. There shall be a minimum floor area of 5,000 square feet.
(5)
Maximum building coverage. The total floor area of the ground floor of all buildings shall not exceed 50% of the lot area.
(6)
Appearance. On any building in which exterior walls face a public street, the said exterior wall or walls shall be constructed of face brick, stone or similar material, subject to the approval of the Planning Board. The surface of other exterior walls shall be covered with an adequate coating or quality masonry paint. No building shall be constructed with exterior walls of corrugated steel, iron or other corrugated metals or asbestos; nor shall any building be constructed of wood frame.
(7)
Landscaping. All those portions of the property not covered by buildings, walks, roads or parking areas shall be attractively landscaped with grass lawn, trees and shrubs. A twenty-five-foot planted buffer strip shall be provided along any property line which adjoins a residential district unless a difference in elevation between the D Industrial Zone property and the residential district is such as to make a buffer strip ineffective. The buffer strip shall be planted with evergreen and deciduous trees. In addition, a chain link fence shall be installed along the property line adjacent to the residential district if required by the Planning Board at the time of the submission of the site plan to the Planning Board for approval in accordance with the conditions hereinafter stated.
(8)
Outdoor storage. No articles or materials shall be kept or stored or displayed outside the confines of a building, and all of the uses set forth in Subsection A above shall be conducted within the confines of the building. No commercial vehicle shall be parked except in the loading area, which shall be established only in the immediate rear of the building. Under no circumstances shall a loading area face upon a residential zone.
(9)
Off-street parking. For all uses within the D Industrial Zone except offices and warehouses, one accessible parking space shall be provided for each three employees. For offices permitted within the D Industrial Zone, one accessible parking space shall be provided for each 200 square feet of interior floor space. In computing the square footage of interior floor space, areas utilized for hallways and rest rooms shall not be computed. For warehouses permitted within the D Industrial Zone, one accessible parking space shall be provided for each 1,000 square feet of interior floor space.
(10)
Paving. All driveways and parking areas shall be constructed with a hard-surface pavement and shall include adequate drainage facilities to dispose of all stormwater. All driveways and parking areas required under this chapter shall at all times be accessible and free of obstructions. In the case of accumulation of four or more inches of snow, all snow shall be removed from the driveways and parking areas within 24 hours after the termination of the said snowfall.
(11)
Circulation. All driveways and parking areas shall be so arranged as to provide for sale and convenient traffic circulation. Parking spaces shall be at least nine feet by 20 feet and there shall be adequate provision for access to the parking spaces. Aisles shall be a minimum width of 20 feet, excepting, however, the aisles shall be a minimum width of 25 feet where they abut parking spaces.
(12)
Lighting. All lighting shall be arranged so that the direct source of light is directed away from adjacent streets and residential districts.
(13)
Signs. No signs shall be permitted which are not related to the use on the premises, and then only if all the following requirements are complied with:
(a)
Signs attached to a building may be permitted as follows:
[1]
An establishment shall be permitted a total of not more than two signs. The total sign area of the sign or signs permitted on the face of any wall shall not exceed 10% of the area of the face of the wall upon which such sign or signs are attached; provided, however, where said building wall sets back for a total of 75 feet or greater from the nearest parallel street line, said sign shall not exceed 20% of the exposed area of the building wall upon which such sign is attached. No signs shall be permitted on any wall which faces directly upon a residential district.
[2]
All signs permitted by this subsection shall be erected parallel to the face of the building and shall not extend further than 15 inches from the face of the building; provided, however, that where a building has a permanent canopy or marquee constructed as an integral part of the building, a sign as permitted in this subsection may be placed on the top of the marquee, provided that no part of the said sign extends beyond the front edge of the canopy or marquee. For the purpose of administering this subsection, the area of the said sign on the marquee or canopy shall be determined by the area of wall from which the said canopy or marquee extends. The maximum height of any single sign shall not exceed five feet and the maximum width shall not exceed 75% of the width of the wall to which the sign is attached.
(b)
One freestanding sign is permitted, provided that no sign structure, including the support members, shall exceed six feet in height or 15 feet in length, and said sign shall not be placed in the required side yard or the front 1/2 of the required front yard. The area of the said sign shall not exceed one square foot for each linear foot of front yard setback of the principal building.
(c)
A plan showing the design and details of all proposed signs shall be submitted to the Building Inspector by the applicant, together with the site plan.
(d)
Sign area measurement. The area of the sign shall be measured as the total square foot contents of the background upon which the lettering, illustration or display is presented, and if there is no background, then the sign area shall be measured as the product of the largest horizontal width and the largest vertical height of the lettering, illustration or display. For signs with two display faces, the maximum area requirement shall be permitted on each sign. Signs with more than two display faces are prohibited.
(e)
Sign height measurement. The sign height measurement shall be the largest vertical height of the background upon which the lettering, illustration or display is presented. If the letters, illustration or display are attached directly to the face of a building, the height of the sign shall be the height of the largest letter, illustration or display, whichever is the greatest.
(f)
No sign shall be placed as to interfere with or be mistaken for a traffic light or similar safety device.
(g)
All illuminated signs shall be either indirectly lighted or of the diffused lighting type. No sign shall be lighted by means of flashing or intermittent illumination. No sign which is illuminated shall be mobile. All lights used for the illumination of any use or building or the area surrounding such use or building shall be completely shielded from the face of vehicular traffic on the road or roads abutting the premises and shall be completely shielded from the face of residential districts. Floodlights used for the illumination of the premises or any sign thereon, whether or not the floodlights are attached to or separate from the building, shall not project above the highest elevation of the front wall of the building or more than 18 feet above the street level of the building, whichever is less.
(h)
No sign shall extend or project above the highest elevation of the wall to which it is attached.
D.
Performance standards. No use shall be permitted in the D Industrial Zone except in compliance with the following performance standards:
(1)
Fire and explosion hazards. All structures within the D Industrial Zone shall conform to the standards of the Building Code and the Fire Prevention Code of the Borough of Haledon[1] and shall further conform to the standards of the National Board of Fire Underwriters. Each building shall be equipped with automatic sprinklers which conform to the standards of the National Board of Fire Underwriters.
(2)
Radioactivity. Any activity which emits dangerous radioactivity at any point is prohibited.
(3)
Smoke, fumes, gas, dust, odors. There shall be no emission of any smoke, fumes, gas, dust or odors. These and any other atmospheric pollutant which is detectable to the human senses at the boundaries of the lot occupied by such use are prohibited.
(4)
Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.
(5)
Noise.
(a)
There shall be no operational industrial noise measured from any point on the property line of the lot on which the industrial operation is located which shall exceed the values given in the following table in any octave band of frequency. The sound-pressure level shall be measured with a sound-level analyzer that conforms to specifications published by the American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc., New York, N.Y., and American Standard Specifications of an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, N.Y., shall be used.
Frequency Band (cycles per second) | Sound-Pressure Level Decibels (re 0.002 dyne/cm2) | |
|---|---|---|
0 to 75 | 65 | |
75 to 150 | 50 | |
150 to 300 | 44 | |
300 to 600 | 38 | |
600 to 1,200 | 35 | |
1,200 to 2,400 | 32 | |
2,400 to 4,800 | 29 | |
Above 4,800 | 26 |
(b)
For objectionable noises due to intermittence, beat frequency or hammering, or if the noise is not smooth and continuous, corrections shall be made to the above table by subtracting five decibels from each of the decibel levels given.
(6)
Liquid or solid wastes. No industrial operation shall discharge industrial wastes of any kind into any reservoir, pond or lake. The discharge of untreated industrial wastes into a stream is prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough of Haledon and, if required by the Borough, by the New Jersey Department of Environmental Protection. Effluent from a treatment plant shall at all times comply with the following standards:
(a)
Maximum five-day biochemical oxygen demand: 5 parts per million.
(b)
Maximum quantity of effluent: 10% of minimum daily stream flow.
(c)
Maximum five-day biochemical oxygen demand after dilution (BOD of effluent multiplied by quantity of effluent divided by quantity of stream flow): 0.25 part per million.
(d)
Maximum total solids: 5,000 parts per million.
(e)
Maximum phenol: 0.01 part per million. No effluent shall contain any other acids, oils, dust, toxic metals, corrosive or other toxic substance in solution or suspension which would create odors, discolor, poison or otherwise pollute the stream in any way. In addition, no industrial use shall discharge into any public sanitary sewer system quantities of water beyond the capacity of said sewer system. The amount of effluent permitted shall be determined by the Borough Engineer.
(7)
Glare. There shall be no direct or sky-reflected glare exceeding 0.5 footcandle beyond the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrance or exit of service drives.
(8)
The Building Inspector or Construction Code Official or any other official so designated by the Mayor and Council shall investigate any violation of any of the performance standards hereinabove set forth, and if there are reasonable grounds to believe that a violation exists, he shall notify the Borough Engineer. The Borough Engineer shall investigate the matter, and in the event that a violation of the performance standards does exist, the Borough Engineer shall so certify in writing to the Building Official. Upon receipt of such written certification from the Borough Engineer, the Building Inspector or Construction Official shall cause a formal written notification to be sent to the owner and occupant of the building in which the violation exists. The said notice shall be sent by certified mail, return receipt requested, and shall give notice of the section of the chapter violated and the nature of the violation. The owner and occupant shall be given 30 days to correct the violation. In the event that the violation has not been corrected within the 30 days from the receipt of the notice, the Building Inspector or Construction Official, in addition to the powers conferred by ordinance, and within his discretion, shall be vested with authority to revoke or suspend the certificate of occupancy until such time as the condition has been corrected.
§ 405-15 Research and Development Industrial Zone. [1]
[Added 4-9-1980 by Ord. No. 3-12-80; amended 7-12-1989 by Ord. No. 6-14-89C]
A.
Permitted uses. Within E Research and Development Industrial Zone, no land or building shall be used for any purpose except the following:
(1)
Scientific or research laboratories, which shall comply with the requirements of this chapter.
(2)
Administrative offices, including offices for executive and administrative purposes, which shall comply with the requirements of this chapter.
(3)
Accessory uses customarily incident to the above uses which comply with the requirements of this chapter.
B.
Required conditions. Any building or uses permitted in the E Research and Development Industrial Zone shall comply with the following conditions:
(1)
Height. No building shall exceed three stories or 40 feet in height, whichever is the lesser.
(2)
Front yard, rear yard, side yards.
(a)
Each building shall have a minimum front yard of 150 feet.
(b)
Every building shall have two side yards, each being a minimum of 150 feet.
(c)
Every building shall have a minimum rear yard of 150 feet.
(d)
In no case shall any building, parking area or accessory use be located within 200 feet of a residential building boundary line. It is the intent of this provision to provide a buffer area of 200 feet between any residential zone and any of the uses permitted in the E Zone District.
(3)
Minimum lot area. There shall be a minimum lot area of 90,000 square feet, the minimum frontage of which shall be 300 feet.
(4)
Minimum floor area. There shall be a minimum floor area of 5,000 square feet.
(5)
Maximum building coverage. The total floor area of the ground floor of all buildings shall not exceed 10% of the lot area.
C.
The required performance standards pertaining to a D Industrial Zone use (see § 405-14D) shall also apply to all permitted uses in the E Research and Development Industrial Zone.
D.
The permit and operation requirements pertaining to a D Industrial Zone use (see § 405-14) shall also apply to all permitted uses in the E Research and Development Industrial Zone.
E.
The appearance requirements pertaining to a D Industrial Zone use [see § 405-14C(6)] shall also apply to all permitted uses in the E Research and Development Industrial Zone.
F.
The landscaping requirements pertaining to a D Industrial Zone use [see § 405-14C(7)] shall also apply to all permitted uses in the E Research and Development Industrial Zone.
G.
The outdoor storage requirements pertaining to a D Industrial Zone use [see § 405-14C(8)] shall also apply to all permitted uses in the E Research and Development Industrial Zone.
H.
Off-street parking. Within the E Research and Development Industrial Zone, one accessible parking space shall be provided for each 200 square feet of interior floor space.
I.
The paving requirements pertaining to a D Industrial Zone use [see § 405-14C(10)] shall also apply to all permitted uses in the E Research and Development Industrial Zone.
J.
The circulation requirements pertaining to a D Industrial Zone use [§ 405-14C(11)] shall also apply to all permitted uses in the E Research and Development Industrial Zone.
K.
The lighting requirements pertaining to a D Industrial Zone use [see § 405-14C(12)] shall also apply to all permitted uses in the E Research and Development Industrial Zone.
L.
The sign requirements pertaining to a D Industrial Zone use [see § 405-14C(13)] shall also apply to all permitted uses in the E Research and Development Industrial Zone.
[1]
Editor's Note: Former § 220-14, E Restricted Light Industrial Zone, was repealed 7-12-1989 by Ord. No. 6-14-89C.
§ 405-16 IS Institutional Services Zone.
[Added 7-12-1989 by Ord. No. 6-14-89C]
A.
Permitted uses.
(2)
Multifamily residences for senior citizens limited to occupancy households, the single member of which, or either the husband or wife of which, or both, is/are 62 years of age or older, or as otherwise defined by the Social Security Act.
(3)
Congregate housing which provides elderly, disabled and handicapped persons as well as members of nonprofit religious or charitable institutions, private or semiprivate residential accommodations, central dining facilities, housekeeping and support.
(4)
Church, house of worship or related institutions.
(5)
Hospital, clinic, health-care facility or nursing home.
(6)
Nonprofit college, university or other educational institution.
B.
Lot, bulk and site development requirements:
(1)
For any use permitted in the A-A-A Residence Zone, the requirements shall be as specified in that zone.
(2)
Minimum lot area shall be 40,000 square feet.
(3)
Minimum lot width shall be 100 feet.
(4)
Minimum front yard setback shall be 50 feet.
(5)
Side yards shall be a minimum of 20 feet.
(6)
Minimum rear yard shall be 50 feet.
(7)
Maximum height shall be four stories or 40 feet.
(8)
Maximum lot coverage by buildings shall be 40%.
(9)
Landscaped open space shall be provided of at least 25% of the gross lot area.
§ 405-17 P Public Zone.
[Added 7-12-1989 by Ord. No. 6-14-89C]
A.
Permitted uses. Within the P Public Zone, no land or building shall be used for any purpose except for those lands and/or uses occupied by the Borough, county, state or agencies thereof on a permanent basis for public purposes. Permitted uses shall include public buildings and uses.
B.
Standards and requirements. No specific requirements are established for public uses, but Planning Board site plan review shall take into account the adequacy of setbacks from adjoining buildings and areas, of off-street parking and provisions for traffic circulation and of landscaping and screening from residential areas.
C.
Zoning in event of reversion to private use. If the public use of any areas in the P Public Zone is discontinued and the property reverts to private ownership or use, no new use shall be established until another zone district is applied to this property by the Borough, following the submission of a recommendation by the Planning Board.
§ 405-18 HD Hillside Development Overlay Zone.
[Added 7-12-1989 by Ord. No. 6-14-89C]
A.
Applicability and required review. Within the boundaries of the HD Hillside Development Overlay Zone is indicated on the Zoning Map,[1] the uses otherwise permitted in the zone district shown shall apply. However, a review is required by the Planning Board of all site development, including uses covered by Chapter 332, Site Plan Review, and also one- and two-family houses and soil disturbance of over 100 square feet in area, for compliance with Subsection B hereunder. This shall apply to all properties where over 10% of the site area has a slope of 10% or more. In cases of doubt, where an applicant wishes to be exempted on this basis, the applicant may be required to present an appropriate topographic survey to the Planning Board.
[1]
Editor's Note: The Zoning Map is on file in the Clerk's office.
B.
Standards and requirements.
(1)
The Planning Board shall approve only those applications where development plans and necessary improvements accomplish the following:
(a)
Control velocity and rate of water runoff so that such velocity and rate are no greater after construction and development than before, except that for one- and two-family houses on existing lots, a showing of the adequacy of storm drainage facilities off the site will be acceptable.
(b)
Driveways will not have a steeper grade than 10%.
(c)
Stabilize exposed soils both before and after construction and development.
(d)
Prevent soil slippage.
(e)
Minimize number and extent of cut and fill on the site.
(f)
Preserve maximum number of trees and other vegetation of the site.
(2)
The Planning Board or the Borough Engineer, as the case may be, may impose such conditions upon any approval as said Board or Engineer deems necessary to achieve the foregoing objectives.
(3)
No development or improvements shall be permitted on slopes of 30% or higher.