All additions to existing structures, not including as part thereof the expansion or extension of any foundation wall.

Any addition to an existing single-family home where the new foundation wall or the extension of any existing foundation wall does not result in the extension of such foundation wall beyond the limit of any existing foundation wall in terms of front yard, side yard or rear yard setback; provided, however, that the footprint of the existing home does not increase by more than 25%.

Any addition to an existing single-family home where the new foundation wall or extension of any existing foundation wall will result in an increased square footage at ground level of not more than 200 square feet greater than the existing square footage of the building.

Notwithstanding the foregoing, the building official may, in his or her discretion, require the submission of a foundation survey where the building official determines that the same is appropriate under the circumstances. The determination of the building official in this regard is final and shall not be subject to review.

Adjacent lots in all commercial, industrial, or office zones may, in conjunction with securing site plan approval, enter into shared parking arrangements. Such shared parking shall be considered a permitted, accessory use in all commercial, industrial, or office zones. The integration, traffic flow plan for such shared parking shall be reviewed and approved by the relevant land use board and shall be memorialized in a permanent easement, which instrument shall be recorded with the relevant state or county recording agency.

The relevant land use board shall apply the standards set forth herein for site plans and shall ensure that the shared parking arrangement makes adequate provision for ingress, egress, emergency access and circulation of traffic, as well as for adequate and safe pedestrian access and use. All uses on each site shall be considered when assessing the adequacy of such proposed parking arrangements. Any change in any such use shall require either site plan approval, or a waiver thereof.

When two such adjacent lots employ such a shared parking arrangement, the yard, buffer and setback provisions of the zoning and land development provisions of this chapter otherwise applicable to such parking arrangements shall not apply to the common boundary.

The Board shall determine the number of spaces available for use on the proposed off-tract parking site;

The Board shall review the application, consistent with the standards imposed by the land development and zoning provisions of this chapter unless same are waived by the Board in accordance with the law;

The Board shall impose reasonable conditions upon the use of such spaces, including but not limited to the imposition of valet parking arrangements;

The Board shall review the easement agreement entered into between the property owners, which agreement shall contain such conditions as the Board may deem appropriate, including limitations on the use of the servient lot during such periods when the shared parking agreement will be in effect, which agreement shall be perpetual, and which agreement shall, as a condition of approval, be recorded with the appropriate state or county recording agency;

Any violation of the terms and conditions of site plan approval, or of the easement agreement entered into in conjunction therewith, shall be punished/enforced through such methods as the Borough shall deem appropriate, and shall be considered a violation of a municipal ordinance susceptible to prosecution in the Municipal Court.

No accessory structure shall exceed a height of 15 feet.

An accessory structure shall be located at least 10 feet from a principal building situated on the same lot and shall be at least six feet from any other accessory structure.

No accessory structure shall be located in a front yard, except that attached open porches and steps may be located in the front yard, subject to the following:

Accessory structures on corner lots and through lots may not be erected nearer to any street than the required front yard setback for the zone district in which said lot is located.

Accessory structures located in a side or rear yard shall be set back a minimum distance of four feet from side and rear lot lines.

No accessory structure or combination of accessory structures shall cover more than 25% of the required rear yard area.

Accessory structures which are attached to the principal building, including decks, porches, elevated patios, gazebos and like constructions, shall be subject to the minimum yard requirements for the principal building.

Decks, porches, elevated patios and like structures which are attached to the principal building shall be excluded from the calculation of building coverage, provided that such structures are neither roofed nor enclosed.

Fifty percent of the gross area of decks, porches, elevated patios, gazebos and like constructions which are attached to the principal building shall be excluded from the calculation of impervious coverage, provided that such structures are neither roofed nor enclosed, and further provided that such exclusions shall not be applied where there is a concrete or other impervious base underlying said structures.

Twenty percent of the gross area of concrete pavers or stone pavers used for driveways, walkways or at-grade patios which serve single-family residential dwellings shall be excluded from the calculation of impervious coverage, provided that such exclusions shall not be applied where there is a concrete or other impervious base underlying said pavers.

Accessory structures shall not exceed 20 feet in height.

An accessory structure shall not be located closer than 25 feet to another structure.

Accessory structures shall meet the minimum yard requirements for principal buildings.

Accessory uses and structures shall only be permitted to be located on a lot that contains a principal building.

If buildings have been erected within 75 feet and on both sides of a lot with front yards different from that required by this chapter, the minimum front yard for a new building or addition on said lot shall be the average of the front yards on the adjoining lots and the minimum front yard required by this chapter; provided, however, that no front yard shall be decreased by more than 20% of the front yard requirement, and no front yard need be increased by more than 20% of the front yard requirement of the zone in which the lot is located.

If a building has been erected within 75 feet and on only one side of a lot with a front yard different from that required by this chapter, the minimum front yard for a new building on said lot shall be the average of the front yard on the adjoining lot and the minimum front yard required by this chapter; provided, however, that no front yard shall be decreased by more than 20% of the front yard requirement, and no front yard need be increased by more than 20% of the front yard requirement of the zone in which the lot is located.

Once determined, the front yard shall be so designated clearly on all filed maps, deed filing to record minor subdivisions, construction permit drawings and applications, and the Assessor's property records.

Said designation shall not be changed in any future development application.

The yard opposite and most distant from the front yard so designated shall be deemed to be the rear yard in any future application for development.

Any yard(s) other than front or rear yards shall be deemed to be a side yard.

Eaves up to two feet, rainwater leaders, window wells and other such fixtures, bay windows up to two feet deep and 10 feet wide and open steps with a maximum dimension of four feet shall be permitted on the side wall of the house that faces the side street. Stoops, steps, terraces, chimneys and/or balconies, located on the side wall of the house, extending not more than 36 inches into the required front yard along the side street, shall not be construed as part of the building unless said projections are roofed.

The minimum front yard setback requirements shall apply to both streets on which a through lot fronts. The determination of a building's orientation to the street shall take into consideration the surrounding development pattern and the orientation that would best complement the existing neighborhood character and fabric. Where neither street has a uniform development pattern, the determination of the building's orientation shall be at the discretion of the developer.

The placement of accessory structures shall be limited to the rear of the building, as established under Subsection C(1) above.

In the case of residential through lots, the area to the rear of the dwelling, as established under Subsection C(1) above, shall be buffered from the abutting street by a landscaped buffer not less than 20 feet in width. For lots backing up on arterial streets or highways, the landscaped buffer shall not be less than 20 feet in width. Said buffer area shall be used for no purpose other than landscaping, underground utilities or for any required sidewalk.

Roof overhangs.

Bay or bow windows.

Chimneys.

Noise. All activities shall comply with Chapter 333 of the Borough's Code regulating noise.

Fire and explosion hazards. All activities shall be carried on only in structures which conform to the standards of the New Jersey Uniform Fire Code. All operations shall be carried on and combustible raw materials, fuels, liquids and finished products shall be stored in accordance with the standards of said National Fire Protection Association or Factory Insurance Association.

Odors. There shall be no emission of odorous gases or other odorous matter in such quantity as to be readily detectable without instruments.

Smoke, dust, gases and other forms of air pollution. There shall be no emission of smoke, dust, gases or other forms of air pollution which would in any way violate the New Jersey Air Pollution Control Laws or the New Jersey Air Pollution Control Code (see N.J.S.A. 26:2C-1 et seq. and N.J.A.C. 7:27-1.1 et seq.).

Liquid and solid wastes. There shall be no discharge at any point of treated or untreated sewage or industrial waste into any stream, lake, reservoir or into the ground of any material which may contaminate the water supply or endanger human health and welfare. No industrial waste shall be discharged into any system, nor shall any wastes be discharged into the public sewer system, which are dangerous to the public health and safety. All methods of sewage and industrial waste treatment and disposal shall be approved, as applicable, by the New Jersey Department of Environmental Protection, the Borough Board of Health and the Water and Sewer Department. All methods of treatment and disposal shall comply with the requirements of these agencies.

Radioactivity. No activities shall be permitted which cause radioactivity in violation of 10 CFR 1.20, entitled, "Standards for Protection Against Radiation," dated June 16, 1957, or any subsequent revision or amendment thereto.

Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate side on which such use is conducted.

Glare and heat. No operation will be conducted which will produce heat or direct or sky-reflected glare beyond the property line of the lot on which the use is located. Industrial and exterior lighting shall be used in such a manner that it produces no glare on public highways and neighboring property.

Utilities. All telephone and electric service on the property shall be by underground conduit.

If there is any reasonable doubt as to the likelihood of the intended use conforming to the performance standards, the Zoning Officer or Approving Authority (Planning Board or Board of Adjustment), in the event of an application for development application, shall request a deposit of $1,000 to be submitted with the application, which will be used to defray the cost of the special reports required to process it. The Zoning Officer or Approving Authority shall refer the application for investigation and report to one or more expert consultants selected by them as qualified to advise on conformance with the required performance standards. Such consultant or consultants shall make their report within 45 days after his or their receipt of such application. A copy of such report shall be promptly furnished to the applicant. At the next regular meeting of the Approving Authority or within 30 days of receipt of the consultant's report by the Zoning Officer, whichever comes sooner, the Zoning Officer or Approving Authority shall render a decision in the form of a written report regarding said application. Any permit authorized and issued shall be conditioned on, among other things, the applicant's completed buildings and installations in operation conforming to the applicable performance standards and the applicant's paying fees in excess of $1,000, if needed, to cover expert's above-mentioned reports. All moneys not used to pay for the services of the expert consultant or consultants deemed reasonable and necessary by the Zoning Officer or Approving Board for advice shall be returned to the applicant at the time the Zoning Officer or Board renders the written decision.

The Zoning Officer shall investigate any alleged violation of the performance standards, and, if there are reasonable grounds to believe that a violation exists, he/she shall notify the governing body. The governing body shall investigate the alleged violation and for such investigation may employ qualified experts.

The residential occupancy of an otherwise lawfully occupied dwelling unit for a period of 30 days or less by any person who is a member of the housekeeping unit of the owner, without consideration, such as house guests, is permitted.

The residential occupancy of an otherwise lawfully occupied dwelling unit for a period of 30 days or less where the dwelling unit has received zoning approval as a hotel, motel or boarding house, and the dwelling unit is otherwise licensed and/or permitted as required by applicable laws and regulations.

Notwithstanding any other contrary provisions as contained in this chapter, the renting or leasing of a dwelling unit for residential occupancy for a period of 30 days or less is prohibited in all zones within the Borough.

Notwithstanding any other contrary provisions as contained in this chapter, the renting or leasing of any amenity, feature, accessory, or appurtenance associated with the dwelling unit, including, but not limited to, swimming pools, is prohibited.

Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.

Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.

An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

EVSE and make-ready parking spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection C(1) above.

All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

The Zoning Officer shall enforce all signage and installation requirements described in this chapter. Failure to meet the requirements in this chapter shall be subject to the same enforcement and penalty provisions as other violations of Borough of Hawthorne's land use regulations.

An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:

An application pursuant to Subsection C(5) above shall be deemed complete if:

EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.

Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.

Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.

Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.

Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.

Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.

Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces.

A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and make-ready parking spaces above what is required in Subsection E above may be encouraged, but shall not be required in development projects.

Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

Installation.

Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.

Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the Hawthorne Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection K below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.

Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection K below.

Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with § 540-82, Lighting.

Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any standalone EVSE bollards should be three to four-feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection J(5) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Borough shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.

Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.

All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.

Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection K(2) above.

In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:

Residential districts.

Nonresidential districts.

The maximum height of any retaining wall, regardless of zoning district or yard location, shall be six feet.

For purposes of applying height limits, multiple, staggered or tiered walls shall be considered single walls unless there is a minimum horizontal distance of 10 feet between the top of any section or tier and the base of any one section or tier; the horizontal distance between the top of any section or tier shall be equal to or greater than the height of the taller section or tier. These provisions shall apply to multiple staggered or tiered walls, which span property lines.

Retaining walls shall be constructed with the following materials only:

Prior to final approval of any retaining walls exceeding four feet in height, a certification shall be provided by a New Jersey licensed professional engineer attesting that the retaining wall was constructed in conformance with the structural design.

Stone, brick, concrete or cinder block faced with stone, brick or similar masonry material.

Concrete shadow and open block, concrete and cinder block coated with concrete or stucco material and painted concrete block.

Fences shall be constructed of the following materials only: picket, split rail, stockade, basket weave, louver, similar wood fence, and chain-link, provided it consists of vinyl-coated dark green or dark brown or black material and which will only be permitted in side and rear yards and specifically prohibited along any street frontage.

All fences shall be properly supported by securely anchored posts.

The parking of delivery and service vehicles as provided in this chapter.

The parking of trucks and trailers in connection with permitted trucking terminals and moving and storage operations, which parking shall be subject to the location requirements applicable to off-street loading.

The parking of trucks and trailers at loading docks during the course of loading and unloading and temporarily preceding and following the loading or unloading operations. There shall be no outdoor storage or parking of construction equipment, except during the course of construction on the premises.

No trailer, semi-trailer, truck, van or other commercial vehicle bearing signs or advertisements or boat, boat trailer, camper or recreational vehicle or disabled, dismantled or unregistered vehicle or any vehicle not capable of automotive propulsion under its own power or any container, box, object or thing of a size in excess of 50 cubic feet shall be parked, stored or located in the front yard of any lot for a period in excess of 24 hours.

In residential zones, temporary storage containers shall be permitted subject to § 540-143.

Car ports in residential zones may be permitted, subject to a zoning permit approved by the Zoning Official, provided the car port does not violate the applicable setback for the zone, and provided further that no car port shall be constructed within a required front yard.

Providing instruction to not more than two individuals at a time.

Family child-care homes, as defined in Article VII.

Home offices for accountants, architects, attorneys, brokers, dentists, engineers, insurance agents, medical doctors, professional planners, realtors, and members of similar professions.

Home offices for ministers, priests, rabbis, and other members of the clergy.

Home offices for sales and manufacturer's representatives when no retail or wholesale sales are made or transacted on the premises.

Home studios of an artist, photographer, craftsman, writer, composer, or similar person, except that home-based hair and nail salons are not to be considered studios as expressed herein and further, are expressly prohibited as a home occupation.

The following shall be deemed to be prima facie evidence of a greater volume of traffic than would normally be expected for a solely residential use:

For purposes of administering this provision, a "trip" shall be a vehicle departure or vehicle arrival; therefore, an arrival and departure by the same vehicle shall be considered two trips.

Commercial and other nonpassenger vehicles shall not exceed a gross vehicle weight rating of 10,000 pounds.

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 premises' occupant.

The outdoor parking area for commercial or other nonpassenger vehicle shall be improved with asphalt (alternatively known as "bituminous concrete"), paving stone, brick paver, concrete or similar surface.

On-premises repair or servicing of commercial vehicles is prohibited.

The permission of the property owner in writing for the temporary storage of the modular home(s) shall be obtained and submitted to the Zoning Officer prior to the issuance of a permit.

The Police Department shall be notified by the individual and/or entity responsible for delivering the modular home(s) into the Borough as to the date when the modular home(s) is to be delivered to the storage site and the date when the modular home(s) is to be moved to the building lot. The requirement of notification to the Police Department shall apply to each individual modular home that is temporarily stored at a site within the Borough.

The modular home(s) shall be situated in such a way so as not to interfere with the general flow of traffic in the parking lot or other area where the modular home(s) is temporarily stored.

The temporary storage of a modular home(s) shall be permitted for a period not exceeding 48 hours from the time the Police Department is informed that the modular home(s) is placed in temporary storage. The Zoning Officer shall have the authority to permit the temporary storage of a modular home(s) for a period in excess of 48 hours, provided that the individual and/or entity responsible for delivering the modular home(s) into the Borough proves to the satisfaction of the Zoning Officer and the Police Department that a situation exists that requires that the modular home(s) be temporarily stored for a period in excess of 48 hours. No extension granted by the Zoning Officer shall exceed a period of seven calendar days.

Single-family detached.

Parks and playgrounds.

A use by the Borough of any property owned or leased by it, including any use of property owned or leased by the Borough by any lessee of the Borough; provided, however, that such use by a lessee shall be, in whole or in part, in furtherance of a municipal purpose.

Accessory uses customarily incident to the above principal uses, provided that they shall not include any activity commonly conducted for gain unless specifically permitted in this section.

Private garages as an accessory use. Structures used for garaging, as an accessory use, of not more than four motor vehicles, may be erected or used on a single lot.

Private swimming pools, as permitted and regulated by Chapter 456.

Signs, as regulated by this chapter.

Home occupations as regulated by § 540-143.

Houses of worship.

Public and private nonprofit schools.

Public utility buildings and power generating stations.

Single-family detached.

Parks and playgrounds.

A use by the Borough of any property owned or leased by it, including any use of property owned or leased by the Borough by any lessee of the Borough; provided, however, that such use by a lessee shall be, in whole or in part, in furtherance of a municipal purpose.

Accessory uses customarily incident to the above principal uses, provided that they shall not include any activity commonly conducted for gain unless specifically permitted in this section.

Private garages as an accessory use. Structures used for garaging, as an accessory use, of not more than four motor vehicles may be erected or used on a single lot.

Private swimming pools, as permitted and regulated by Chapter 456.

Signs, as regulated by this chapter.

Home occupations as regulated by § 540-141.

Houses of worship.

Public and private nonprofit schools.

Public utility buildings and power-generating stations.

Single-family detached.

Two-family detached.

Single-family semiattached.

Two-family semiattached.

Parks and playgrounds.

A use by the Borough of any property owned or leased by it, including any use of property owned or leased by the Borough by any lessee of the Borough; provided, however, that such use by a lessee shall be, in whole or in part, in furtherance of a municipal purpose.

Accessory uses customarily incident to the above principal uses, provided that they shall not include any activity commonly conducted for gain unless specifically permitted in this section.

Private garages as an accessory use. Structures used for garaging, as an accessory use, of not more than four motor vehicles may be erected or used on a single lot.

Private swimming pools, as permitted and regulated by Chapter 456.

Signs, as regulated by this chapter.

Home occupations as regulated by § 540-141.

Houses of worship.

Public and private nonprofit schools.

Public utility buildings and power-generating stations.

Uses permitted in R-1A, R-1 and R-2 Residential Zone Districts, provided that bulk, area, coverage, setback and all other restrictions and regulations applicable to uses in R-2 Zones shall govern.

Medium-density multifamily apartment uses, subject to all restrictions and limitations hereinafter set forth and contained in the Schedule of Bulk and Coverage Controls for the R-3 Zone.[1]

To provide each dwelling unit with an adequate receptacle for the storage of garbage and to further provide, in a suitable and adequately protected area, adequate space for the storage of excess garbage.

To provide in some portion of the structure, outside of the dwelling unit or garbage unit, at least 500 cubic feet of secure and adequate bulk storage area for the designated use of each dwelling unit.

To provide adequate lighting for all parking areas, interior walks and hallways, all in such manner that the direct source of light is not reflected into any residential area.

Uses permitted in R-1 and R-2 Residential Zone Districts, subject to the bulk, area, coverage, setback and all other restrictions and regulations applicable to uses in R-2 Zones shall govern.

Garden apartment uses, subject to all restrictions and limitations hereinafter set forth and as regulated in the Schedule of Bulk and Coverage Controls for such use within the R-4 Zone.[1]

No more than 20 dwelling units shall be contained in any one continuous structure except where garden apartments consist only of one-bedroom units, in which case, the total number of dwelling units in a continuous structure may be 22.

There shall be no more than 12 dwelling units in any unbroken building line. A setback of not less than four feet shall be deemed a satisfactory break in the building line. However, in no event shall any structure exceed 200 feet in length measured against the face of any broken or unbroken building line.

Minimum depth. No apartment building, its walls, covered porches or accessory structure shall be erected nearer than 50 feet to the street line of any through street or nearer than 25 feet to the street line of any interior street or interior driveway, except that garages may front directly on interior streets.

Maximum depth. No requirements.

Each garden apartment dwelling shall have a side yard on each side of each structure. The side yards of principal structures shall be 50 feet each in width, and the side yards for accessory structures shall be 10 feet each in width.

Each garden apartment dwelling shall have a rear yard on the rear of each structure, which said rear yard shall, in every instance, be a minimum of 50 feet in depth, exclusive of parking areas.

To provide each dwelling unit with an adequate receptacle for the storage of garbage and to further provide, in a suitable and adequately protected area, adequate space for the storage of excess garbage.

To provide in some portion of the structure, outside of the dwelling unit or garbage unit, at least 500 cubic feet of secure and adequate bulk storage area for the designated use of each dwelling unit.

To provide adequate lighting for all parking areas, interior walks and hallways, all in such manner that the direct source of light is not reflected into any residential areas.

To provide a resident superintendent.

Dwelling units in detached, semidetached, attached, groups of attached or clustered structures, or any combination thereof.

Recreation areas and facilities.

Single-family detached, semiattached, groups of semiattached or clustered dwelling units:

Townhouses.

The amount, location or locations, types, configurations, topography and maintenance of common open space in any proposed planned unit residential development shall be reviewed by the Planning Board. It shall make detailed findings concerning the adequacy or inadequacy of the aforementioned items in conformance with the provisions of the enabling legislation.

There shall be devoted within the planned unit residential development a minimum of 25% of the total area to open spaces, excluding roadways, rights-of-way and open easements, at least 10% of which shall be allocated to recreation areas. Recreation areas shall provide for playground areas, outdoor grills and benches or sitting areas or such other items subject to approval of the Planning Board.

In order to secure proper improvement and maintenance of all common open space in any proposed planned unit residential development, the developer shall provide for and establish an organization for the ownership and maintenance of any common open space, to which organization said open space shall be deeded absolutely. Such organization shall not be dissolved, nor shall it dispose of any common space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open spaces), without first offering to dedicate the same to the Borough or a governmental agency designated by the Borough. The Planning Board shall make findings concerning the operation of the organization for the ownership and maintenance of any common open space. It shall require the following assurances, in form and substance approved by the Planning Board:

In the event that the organization to own and maintain common open space or any successor organization shall, at any time after establishment of the planned unit residential development, fail to maintain the common open space, streets, walks, drainage and other site improvements in reasonable order and condition in accordance with the plan, the Borough may serve written notice upon such organization or upon the residents and owners of the planned unit residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing, the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall be cured within said 30 days or any extension thereof, the Borough, in order to preserve the taxable value of the properties within the planned unit residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the Borough shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing, upon notice to such organization or to the residents and owners of the planned unit residential development, to be held by the Borough, at which hearing such organization or the residents and owners of the planned unit residential development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Borough shall determine that such organization is ready and able to maintain such common open space in reasonable condition, the Borough shall cease to maintain said common open space at the end of said year. If the municipality shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Borough in any such case shall constitute a final administrative decision, subject to judicial review.

The average density shall not exceed in any event three dwelling units per acre throughout any planned unit residential development.

The ratio of approved single-family dwelling units versus multifamily units shall not exceed 15 multifamily units to one single unit.

The recreation areas shall be developed prior to the completion of 10% of the dwelling units, or a surety bond posted to cover the cost for completing same.

There shall be off-street parking facilities which shall provide parking areas for each use and which shall be in accord with parking requirements specified in other sections of this chapter or amendments thereto, unless otherwise amended herein.

Sidewalks and curbs shall be installed on all streets, except only curbs shall be required on access streets, driveways or parking areas in townhouse areas of the development. The Planning Board shall have the right to require certain streets in the development to be dedicated to the public where traffic conditions exist and proposed streets outside the development make necessary such dedication.

The distance between streets running in the same general direction shall be no less than 200 feet apart.

All projects shall provide and connect public water supplies and public sanitary collection systems to the nearest existing Borough facility.

A drainage assessment shall be made to defray the future off-site drainage cost which may be caused by the proposed project in the drainage basin in which the project lies as determined by the Borough Engineer.

Performance guaranties shall be required to ensure construction of curbing, streets, sidewalks, accessways, monuments, shade trees, screening, drainage, streetlighting, sanitary sewers, water and all other public improvements. To cover all costs in processing, supervising, reviewing and inspecting the planned unit, the applicant shall pay to the Borough, at the time of final approval, a fee equal to 5% of the estimated cost of construction of said improvements as determined by the Borough Engineer. In no case shall the fee be less than as set forth in Chapter 220, Fees. This fee is in addition to the application fee as set forth in Chapter 220, Fees.

If the site adjoins or includes existing, in part or in whole, or proposed dedicated streets which are not improved, the developer shall construct same to the extent of such joiner or inclusion in accordance with Borough requirements in effect at time of application. Where the developer does not have complete control over both sides of said right-of-way, he shall be assessed his proportionate share of said improvement costs in order to defray the Borough's cost of construction.

Application can be made by the same applicant to affix additional lands immediately adjacent to an approved site plan subject to the approval of the Planning Board, and said addition shall conform in all respects to the requirements of this article and achieve the maximum of coordination with uses, streets, patterns, topography and site development and appearance of the project and otherwise is made part of the original plan of the development.

In the event that right-of-way lines are not established, minimum building setbacks and distances shall be from the curb lines.

Architectural renderings showing color and materials shall be required for all structures to be erected on the site, and construction plans showing floor layout and wall cross sections shall also be submitted.

Each site or area for single-family residences, townhouses or attached housing shall be clearly delineated on the site plan or separate plan submitted for approval showing these limits and the individual area of each site for such use.

Off-street parking for two vehicles for each dwelling unit shall be required and shall be placed or screened from direct vision from existing or proposed streets.

Street patterns within and around proposed dwelling unit sites shall conform to the proposed plans of the Borough as to right-of-way locations and pavement widths, considering traffic demands.

The distance between curbs shall not be less than 30 feet on all through accessways or streets. The minimum radius of the outside curb line of any cul-de-sac shall be 50 feet.

Location of land for housing:

Physical characteristics of the site:

Visual considerations:

Siting of housing:

Grading and drainage:

Supplementary project facilities:

Site preparation:

Street and land use. Streets must be designed with regard to topography, natural features, function, clarity of movement and economy of street length. In the design of any street system, the following criteria must be followed:

Enforcement.

Modification.

The R-6 Zone is intended to fulfill the mandate of Mount Laurel II and comply with the rules and regulations of the New Jersey Council on Affordable Housing (COAH).

The R-6 Zone is intended solely to meet the terms of the settlement agreement between the Borough of Hawthorne and Lafayette Realty Company and Delford Gardens, Inc., the terms of the same being incorporated herein by reference.

Recreation areas for passive and active recreation solely for the residents of the development, including, but not limited to, a swimming pool and clubhouse.

A single project identification sign, with an aggregate area of not more than 30 square feet, is permitted. In addition to the permanent development identification sign referenced above, the developer is permitted temporary construction and sales signs as necessary to safely guide visitors and properly separate construction traffic from customer traffic having total area of not greater than 50 feet. No temporary sign shall be illuminated, and all such temporary signs shall be installed and located in accordance with good traffic engineering practices. All temporary signs shall be removed from the property prior to the issuance of certificates of occupancy for that particular section or phase of the development.

An office for a resident or nonresident project manager; provided, however, that not more than 750 square feet of floor area on the ground floor may be utilized for this purpose. Further, a temporary construction/sales trailer is permitted on site during construction.

Additional customary accessory structures and uses are permitted if they serve and are incidental to the primary permitted use and include off-street parking facilities, stormwater detention/retention facilities, one-story maintenance buildings, mail kiosks and fences and walls.

Minimum lot area, yard and setback requirements shall be subject to all restrictions and limitations hereinafter set forth and contained in the Schedule of Bulk and Coverage Controls.[1]

Minimum building setbacks: 30 feet from all other property lines except that a patio or deck, having a height of not more than three feet, extending not more than 12 feet from the building and having a total area of not more than 120 square feet, shall be permitted in the rear yard of any residential unit. In addition, a balcony, extending not more than four feet from the building and having a total area of not more than 40 square feet, shall be permitted in the rear yard of any residential unit.

Minimum distance between buildings:

Per New Jersey Residential Site Improvement Standards (RSIS) (N.J.A.C. 5:21-1.1 et seq.), every dwelling unit shall be provided with one garage space. Driveways in front of a garage may be included in the satisfaction of the parking requirements, provided that the driveway located in front of the garage is used by the garage occupant, and further provided that minimum driveway length of the space in front of the garage is 18 feet.

No parking area or access roadway, except for driveways and aprons providing garage access, shall be located closer than six feet to any principal building.

No parking areas shall be located closer to the property line of any residential lot outside the boundaries of the R-6 Zone than the required setback for principal buildings. No parking areas shall be located closer than five feet to an adjacent industrial zone.

Each parking space shall be at least nine feet in width and 18 feet in length.

Maximum height: 45 feet.

There shall be no more than eight dwelling units in a continuous building line and not more than 16 dwelling units in any building.

Maximum length: 200 feet.

Each dwelling unit shall have at least two exterior walls.

Screening shall be provided along the entire perimeter of the site. A minimum thirty-foot planted perimeter buffer width shall be provided around the site perimeter. Notwithstanding the same, in areas where screening is inappropriate due to road access, site distance requirements or the location of utilities, this standard shall be relaxed or eliminated. In addition, the perimeter buffer along the southwest border of the property, where the same adjoins houses having frontage on Braen Avenue shall be a minimum of 50 feet wide. On the northwest perimeter of the site, where the same adjoins property fronting on Lafayette Avenue, the minimum planted perimeter buffer shall be 15 feet wide. In areas where a fifteen-foot-wide planted buffer is proposed, the developer shall be required to install, where feasible and to the extent permitted by the adjoining landowner, a planted buffer of up to 15 feet wide on the lands of the adjoining property owner. This perimeter buffer shall be as depicted upon the preliminary plan for development submitted in connection with the settlement agreement cross-referenced herein.

The screening shall consist of suitable plant materials and, if determined appropriate, a decorative solid fence. The screening shall be designated so as to form a year-round visual barrier between the site and adjacent properties. Existing trees and shrubs shall be retained in portions of the site not affected by construction. The Planning Board shall consider the adequacy of screening to ensure compliance with this subsection.

In order to secure the proper improvement and maintenance of all common open space in the condominium, the developer shall provide for and establish an organization for the ownership and maintenance of any common open space, to which organization said open space shall be deeded absolutely. Such organization shall not be dissolved nor shall it dispose of any common space, by sale or otherwise, except to an organization conceived and established to own and maintain common open space, without first offering to dedicate the same to the Borough or governmental agency designated by the Borough. The Planning Board shall make findings concerning the operation of the organization to be established for the ownership and maintenance of any common open space. It shall require the following assurances, in form and substance approved by the Planning Board:

Failure to maintain; Borough to perform maintenance; costs.

Continuing care and assisted-living units are permitted as principal permitted uses in the R-7 Zone.

Accessory uses customarily incidental to the above-permitted uses.

Signs, as permitted and regulated by this chapter.

Minimum lot area, yard and setback requirements shall be subject to all restrictions and limitations hereinafter set forth and contained in the Schedule of Bulk and Coverage Controls.[1]

Minimum setback to internal roadway: 20 feet.

Landscaping: All landscape plans shall provide for a minimum of 12 deciduous trees per acre and 24 evergreen trees per acre.

Minimum landscape element: 55% of the site.

Minimum treed buffer width to R Zone: 20 feet.

A minimum of 55 parking space per unit shall be provided.

All projects shall provide and connect public water and sanitary collection systems to the nearest existing Borough facility of adequate capacity.

Where adequate surface drainage is not possible by grading alone, a supplementary system approved by the Borough Engineer will be required.

Seeding, sodding and other planting shall be applied to stabilize topsoil and enhance the appearance of open areas. Vegetation shall be reestablished on all disturbed areas.

Definitions. As used in this section, the following terms shall have the following meanings. Unless provided for specifically in this § 540-154, the definitions contained in Article VII, § 540-50 shall apply.

Low-income units required. At least 50% of the designated affordable units in each bedroom type in the assisted-living residence shall be affordable to low-income households.

Unit of credit for affordable units. The unit of credit for affordable units in an assisted-living residence shall be the apartment, except for an apartment with two distinct bedrooms that house two unrelated low- or moderate-income adults.

Unit type distribution. The distribution of affordable units in the assisted-living residence by unit type (efficiency or studio units, one-bedroom units, and shared two-bedroom units) shall, as best as practicable in the judgment of the entity administering the affordability controls, be at a minimum equal the distribution of market-rate units of the same unit type in the assisted-living residence, excluding those units reserved for persons with Alzheimer's.

Household size for calculating rent. Efficiency or studio units shall be affordable to one-person households and a one-bedroom unit shall be affordable to 1.5-person household, or such other standard as COAH may prescribe by rule; the current standards are codified at N.J.A.C. 5:80-26.4.

Income verification and certification. The income of low- and moderate-income households shall be verified and certified in accordance with the standards and procedures established by COAH; the current standards and procedures are codified at N.J.A.C. 5:80-26.16.

Monthly fee. The monthly fee for a unit in an assisted-living residence includes charges for rent, meals, and basic services and shall be calculated in accordance with the underwriting guidelines of the New Jersey Housing and Mortgage Finance Agency (NJHMFA).

Maximum rent. The rent portion of the monthly fee for designated affordable units in an assisted-living residence shall be established such that the rent of the designated low-income units is affordable at 50% of median income and the rent of the designated moderate-income units is affordable at 80% of median income.

Maximum monthly fee. Monthly fees for designated affordable units may not exceed 80% of the applicable low or moderate gross household income.

Eligible residents. An assisted-living residence may have two categories of low- and moderate-income residents: private pay residents and Medicaid waiver residents.

Increases of monthly fee. If annual increases of the monthly fee are permitted by NJHMFA, the increases shall be based on the entire fee package for rent, food and services.

Affirmative marketing. The developer-operator of an assisted-living residence shall prepare, submit to the Borough for approval, and, once approved, implement, and, when necessary, update and implement, a regional affirmative marketing plan in accordance with COAH rules, currently codified at N.J.A.C. 5:93-16.

Affordability controls. Long-term affordability controls, in the form of a deed restriction in a form as prescribed by COAH and/or NJHMFA (currently codified at N.J.A.C. 5:80-26.1 et seq., Appendix B), and in a form approved by the Borough Attorney, shall ensure that the designated affordable units in an assisted-living residence remain affordable to low- and moderate-income households for a minimum of 30 years. The deed restriction may allow the designation of a specific number of units in the assisted-living residence that shall remain affordable for the term of the affordability controls, rather than specifically designating units as affordable units.

Administration of affordability controls. The developer-operator of an assisted-living residence shall contract with NJHMFA, or some other experienced entity subject to the prior approval of the Borough, to administer the affordability controls by establishing initial monthly fees and allowable increases in monthly fees for the affordable units, certifying the income eligibility of prospective residents of the assisted-living residence, monitoring the income eligibility of residents of the affordable units, and maintaining the distribution of unit types in accordance with this section.

The R-8 Zone is intended to fulfill the mandate of Mount Laurel II and comply with the rules and regulations of the New Jersey Council on Affordable Housing (COAH).

The R-8 Zone is intended solely to meet the terms of the settlement agreement between the Borough of Hawthorne and Lafayette Realty Company and Delford Gardens, Inc., and in furtherance of Hawthorne's obligation to permit the development of low- and moderate-income housing.

Permitted principal use. Alternative living arrangement home.

Permitted accessory uses.

Permitted principal use: Multifamily attached housing.

Permitted accessory uses:

Any affordable unit constructed in the Borough of Hawthorne shall comply with the regulations set forth by the Council on Affordable Housing (COAH) and the Uniform Housing Affordability Controls concerning bedroom distribution, low-moderate income split, affordability controls, income-qualification and affirmative marketing, and all other applicable provisions. All deed-restricted affordable housing units shall be affirmatively marketed in accordance with current applicable COAH rules and regulations and at all times be occupied by a certified low- or moderate-income household.

Developments in this zone shall provide an affordable housing set aside of no less than 20% of the total number of units comprising the development. As permitted by COAH regulations, the developer may elect to provide a cash payment in lieu of on-site construction and occupancy to the municipality for 50% of the affordable housing obligation. In no case, however, shall less than 50% of the affordable housing obligation be satisfied on site. Half of all affordable units shall be available to low-income households while the remaining half may be available to moderate-income households as defined by COAH.

All portions of the property not occupied by buildings, driveways, parking lots, walkways and dumpster or recycling bins shall be landscaped. The landscape plan shall be prepared by a licensed professional landscape architect or other appropriate licensed professional recognized by the State of New Jersey and shall include, at a minimum, the following design elements:

A landscaped buffer area shall be provided along any lot line that abuts residentially zoned property. The buffer shall be a minimum of five feet in width, and shall provide a visual screen consisting of evergreens or evergreen-type hedges, shrubs or bushes or other suitable natural planting of trees and shall be so spaced as to provide adequate screening of view, noise and other activity in the R-9 Zone District.

Shade trees shall be planted 40 feet on center in the street right-of-way. Said spacing of trees, if necessary to insure adequate sight distance for motorists entering onto the public roadway, can be adjusted, provided that the required number of trees is not diminished.

Street trees and other plant material shall be provided at the ends of parking bays. Landscaped islands shall be at least four feet in width.

Foundation plantings, including ornamental trees and shrubs, shall be planted along the perimeter of the building.

Underground irrigation systems shall be installed as part of the necessary site infrastructure.

Exterior lighting shall be designed to provide uniform light coverage and minimize glare and light trespass outside the boundaries of the subject property. Maximum height of pole-mounted light fixtures shall not exceed 16 feet measured to the surrounding grade.

Notwithstanding building height limitations described earlier in this article, that portion of a building exclusively containing a stair tower and/or elevator shaft shall be permitted to exceed the building height limitation by no more than 12 feet. Building system infrastructure, including HVAC, shall not exceed 15 feet in height and cover no more than 15% of the roof surface.

Refuse and recyclable storage area.

Fences shall be designed to comply with the requirements of § 540-140.

Retaining walls are permitted in all yards. Said walls shall be designed by a New Jersey licensed professional engineer. Notwithstanding any provision of this chapter to the contrary, retaining walls shall be no taller than required to permit the site to function effectively, but in no event shall be permitted to be greater than eight feet in height. Walls over four feet in height shall have a protective fence or other suitable barrier at the top to insure public safety. Walls must be set back a minimum of five feet from property lines.

Identification signage shall be a maximum height of five feet and an aggregate area of no more than 20 square feet. Signage may be wall-mounted or monument-type, with a minimum setback of 15 feet from the curbline. Signs shall be nonilluminated.

Permitted principal use: all principal permitted uses that are allowed in the R-1 Zone.

Permitted accessory uses: all accessory uses that are permitted in the R-1 Zone.

Multiple uses and buildings on one lot is permitted.

Only those uses listed below shall be permitted.

Any use which is ordinarily subordinate and customarily incidental to the principal permitted uses allowed in the MUA Zone.

Surface parking limited to the rear of the buildings.

Signs as permitted by ordinance.

Fences and walls as permitted by ordinance.

Development within the zone shall substantially conform to the concept plan prepared by Langan Engineering entitled, "Hawthorne at the Station Concept Site Plan," dated August 16, 2019, as incorporated into the settlement agreement between the Borough of Hawthorne and 204 Wagaraw Road, LLC and the Fair Share Housing Center in connection with the Borough of Hawthorne's declaratory judgment action captioned "In the Matter of the Application of the Borough of Hawthorne" bearing docket number PAS-L-2412-15 pursuant to/RE: the adoption of N.J.A.C. 5:96 and 5:97 by the Council on Affordable Housing, 221 N.J. 1 (2015).

Development of the zone shall satisfy the following minimum requirements:

Lot area, external yard and bulk requirements.

Minimum lot area (acres): 8.5 acres.

Minimum distance between buildings (feet): 25.

Minimum setbacks from external lot lines (feet):

Maximum building lot coverage: 25%.

Maximum impervious lot coverage: 55%.

Maximum building length: 220 feet.

Parking requirements for the MUA Zone shall be based upon the unique characteristics of the MUA Zone, which includes the close proximity of the zone to the Hawthorne Rail Station and the shared parking arrangement that typically results from mixed-use development as permitted within the zone.

Residential parking standard shall be 1.45 spaces per unit.

Retail, office and commercial service parking standard shall be one space per 250 square feet of floor area.

Total parking may be reduced by a finding by the Board that the combined total number of parking spaces satisfies on-site parking demand based upon the mix of land uses proposed for development, proximity of the MUA Zone to the Hawthorne Rail Station and the shared nature of parking as such except that the total number of parking spaces in no case shall be less than 244 parking stalls.

Self storage facilities shall meet the following requirements:

Required parking. Parking shall be provided for one space per 5,000 square feet of floor area.

Architectural design standards.

Materials. Exterior building materials shall be classified as either primary, secondary or accent materials. The facade shall be designed in accordance with the following:

Rooflines. Rooflines are not to be flat but pitched. Roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

All ground-level retail and service uses that face a public street shall have clear glass on at least 60% of their facades between two feet and eight feet above grade.

Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.

All buildings should relate harmoniously to the site's natural features and existing buildings, as well as other structures in the vicinity that have a visual relationship and orientation to the proposed buildings. Such features should be incorporated into the design of building form and mass, and assist in the determination of building orientation in order to preserve visual access to natural and man-made community focal points.

Buildings should be broken into segments having vertical orientation. A visual or physical break shall be required where buildings have a front wall that exceeds 125 feet in length, and in such case, a visual or physical break shall be provided minimally every 50 linear feet.

Buildings with expansive blank walls are prohibited. Appropriate facade treatments should be imposed to ensure that such buildings and facades are integrated with the rest of the development and the entirety of the building.

New buildings are encouraged to incorporate such building elements as entrances, corners, graphic panels, display windows, etc., as a means to provide a visually attractive environment.

Cornices, awnings, canopies, flagpoles, signage, and other ornamental features should be encouraged as a means to enhance the visual environment. Such features may be permitted to project over pedestrian sidewalks, with a minimum vertical clearance of 8.5 feet, to within two feet of a curb.

A "human scale" of development should be achieved at grade and along street frontages through the use of such elements as windows, doors, columns, awnings and canopies.

Multitenant buildings shall provide varied storefronts and such elements as noted above for all ground-floor tenants. Upper floors shall be coordinated with ground floors through common materials and colors.

Design emphasis should be placed on primary building entrances. They should be vertical in character, particularly when there is the need to provide contrast with a long linear building footprint, and such details as piers, columns, and framing should be utilized to reinforce verticality.

Sound attenuation features shall be incorporated into the residential building design.

Refuse and recycling shall be located interior to a building or alternatively, be placed to the rear of the buildings fronting on Wagaraw Road. If located outside, the refuse area shall be appropriately screened by fencing not to exceed six feet.

Rooftop utilities including HVAC units shall be shielded from public view with appropriate screening that complements the character of the building's architecture.

Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, define entranceways, screen parking areas, mitigate adverse visual impacts and provide windbreaks for winter winds and summer cooling for buildings, and enhance buffer areas. The impact of any proposed landscaping plan at various time intervals shall be considered. Plants and other landscaping materials shall be selected in terms of aesthetic and functional considerations. The landscape design shall create visual diversity and contrast through variation in size, shape, texture and color. The selection of plants in terms of susceptibility to disease and insect damage, wind and ice damage, habitat (wet-site, drought, sun and shade tolerance), soil conditions, growth rate, longevity; root pattern, maintenance requirements, etc., shall be considered. Consideration shall be given to accenting site entrances and unique areas with special landscaping treatment. Flowerbed displays are encouraged.

The Borough Shade Tree Commission shall approve all trees in the right-of-way to ensure proper maintenance can be achieved. Spacing between trees shall be a maximum of 35 feet unless another vertical element, such as a decorative light fixture or blade sign, is used between the trees, in which case, a maximum of 60 feet shall be permitted.

Trees along Wagaraw Road shall be in a formal arrangement, while informal planting may be provided along access roads. Street trees along Wagaraw Road shall meet the standards set forth in Subsection A(1) and (2) above.

Street trees and other plant material shall be provided at the ends of parking bays. Landscaped island should be at least six feet in width.

Parking rows longer than 20 parking spaces shall have a six-foot-wide landscape island to break the pavement after the 20th space. The landscaped area shall be six feet wide by 18 feet long to allow for sufficient landscaping.

There shall be a minimum ten-foot-wide planted strip along the site frontage on Wagaraw Road, exclusive of the area necessary for vehicular access and egress to and from the property.

Landscaped islands should be at least six feet in width to accommodate plantings.

Landscaping within sight triangles shall not exceed a mature height of 30 inches.

Shade trees shall be pruned up to an eight-foot branching height above grade.

All areas that are not improved with buildings, structures and other man-made improvements shall be landscaped with trees, shrubs, ground cover, street furniture, sculpture or other design amenities.

Shade trees shall be a 2.5- to three-inch caliper with a canopy height of at least the minimum American Nursery and Landscape Association Standards for this caliper.

Ornamental trees shall be installed at a minimum size of six feet in height.

Shrubs shall be planted at a minimum size of 18 inches to 24 inches.

All plant material shall meet the minimum latest American Nursery and Landscape Association Standards.

Buffer areas. Buffers shall comply with the following standards:

Landscape plantings. A minimum of 30% of the plantings proposed shall be indigenous to the region.

Landscape plan content. A landscape plan shall be submitted with each major site plan or major subdivision application. In addition to the major site plan or subdivision submission requirements, the landscape plan shall include and identify the following information:

All lighting fixtures and footcandle standards for parking areas and recreation facilities should be consistent with the standards outlined by the Illuminating Engineering Society of North America (IESNA) and regulations of the Borough of Hawthorne.

The intensity, shielding, direction and reflecting of lighting shall be subject to site plan approval by the approving authority.

All parking areas, walkways, building entrances, and driveways required for uses in this zone shall be adequately illuminated during the hours of operation that occur after sunset. Any adjacent residential zone or use shall be shielded from the glare of illumination from site lighting and automobile headlights.

The use of creative lighting schemes to highlight building facades and related areas of a site shall be encouraged. The use of traditional style lanterns and similar fixtures shall also be encouraged. Exterior neon lights and lighting generating glare and unnecessary night-glow impacts shall be prohibited.

Whenever possible, light poles should be integrated into landscaped islands.

Streetscape lighting.

All lighting shall conform with the Illuminating Engineering Society Handbook, most recent edition, and the American National Practice for Roadway Lighting (RP-8), approved by the American Standards Institute, most recent edition.

The use of street furniture (benches, tables, trash receptacles, etc.) shall be encouraged throughout the development, provided the materials used are consistent with the overall concept of the building design.

Sidewalks should have a width of at least five feet along main pedestrian streets where active pedestrian corridors are located and active pedestrian movements are encouraged, and located along building frontages so as to tie the various buildings together. Wider sidewalks may be designed for special places such as plazas or courts.

Sidewalks shall be stamped concrete with a running bond brick stamp. A stamped sample must be provided with the filed application.

Color shall be "quarry red" as provided by the CHROMiX admixture for color-conditioned concrete supplied by Eastern Concrete Materials, Inc., or approved equal. A color sample must be provided to confirm color.

The approving authority may modify the above requirements where there is sufficient evidence that the requirements herein are not applicable, unnecessary, or reasonable for their particular project.

Streetscape design: benches.

Signage shall be permitted pursuant to Article XIX of this chapter.

A monument sign identifying the address and development shall be permitted provided that one such sign shall be permitted, subject to the following requirements:

A sound barrier shall be constructed along the westerly property line between the MUA and Industrial Zones.

The sound barrier shall be designed to attenuate noise between the adjacent Industrial and MUA Zones.

The location, dimensioning and height of the wall shall be determined by the Planning Board based upon an acoustical evaluation by a qualified sound engineer professional. The height restrictions of the zone shall not apply to the sound wall as approved by the Planning Board, provided that the Planning Board is satisfied that the design and height of the sound barrier are the minimum required to attenuate noise impacts that may adversely affect the MUA Zone.

An applicant for development in the MUA Zone shall submit a site plan indicating the manner in which the site is to be developed. Said plan shall include all the data required by ordinance for site plan review unless otherwise waived by the Board.

The application shall contain, in addition to the site plan application checklist provisions, a report detailing the following:

Notwithstanding the provisions of Subsection P above, it is the intent of this chapter for the Planning Board to expedite its review of any application submitted for this zone within the time frames established under N.J.S.A. 40:55D-1 et seq. It is further the intent of this chapter to not require off-site or off-tract improvements for development, unless the need for such improvements arise from the development within the zone as for example, sewer and water improvements due to increased utility demand and roadway improvements that will be required at the intersection of Wagaraw Road and Lafayette Avenue, nor shall the approving authority require items deemed as "cost-settlement generating" as defined by N.J.A.C. 5:93-10.1 et seq. except as otherwise required under the agreement between the Borough of Hawthorne and 204 Wagaraw LLC.

Development within the MUA Zone shall be coordinated such that all phases of development shall proceed together or within a reasonable time frame as determined by a phasing schedule as approved by the Planning Board or by developer's agreement with the Borough.

Low- and moderate-income (Mount Laurel) housing requirements:

Procedures regarding affirmative marketing of low- and moderate-income units and other requirements of inclusionary development units are subject to and determined by COAH rules or rules determined appropriate by the court.

Permitted principal uses shall be limited to residential multifamily development as regulated by this section.

Permitted accessory uses.

The total number of residential units permitted in the R-12-R Zone shall not exceed 116 units plus one caretaker unit, and the total number of required affordable housing units shall not be less than 17.

Area and bulk requirements.

Residential Site Improvement Standards (RSIS) shall apply.

Fire access lanes. A secondary emergency access road serving any development within the R-12-R Zone shall be provided subject to the review and approval of the Planning Board.

A dedicated and unobstructed fifteen-foot-wide fire lane shall be provided for any building with direct frontage on Goffle Road.

Retaining walls may be located within a perimeter buffer or elsewhere on-site as needed subject to the following:

Retaining walls adjacent to existing residential properties AND greater than 200-foot setback from Goffle Road where the exposed face of wall faces away from such properties (i.e., the proposed improvements are below the adjacent residential property) shall not exceed 25 feet in height. Such walls serve to lessen visual height impact on adjacent single-family homes.

Walls set back less than 100 feet from Goffle Road shall not exceed 10 feet in height.

Retaining wall color shall be of earth-tone and complementary to proposed structure finishes.

Retaining walls shall have a protective, black vinyl coated chain link fence on top for safety when wall height is more than three feet.

Retaining walls are permitted within all required setbacks and buffers.

A planted landscaped perimeter buffer shall be provided subject to the following standards in addition to § 540-156G(2) as follows:

Buffer areas. Buffers shall comply with the following standards:

Existing vegetation within the required transition buffer shall be preserved to the extent feasible and as determined appropriate by the Planning Board. It shall be supplemented with shade-tolerant naturalistic massed plantings where necessary to provide screening of adjoining land uses.

Development within the R-12-R Zone shall be subject to the following design standards. Relief from any required site design standard under § 540-159I, shall be considered a design standard exception pursuant to N.J.S.A. 40:55D-51.b and not a variance.

Architectural design standards.

Landscaping.

Lighting.

Application requirements.

Application process. It is the intent of this chapter for the Planning Board to expedite its review of any application submitted for this zone within the time frames established under N.J.S.A. 40:55D-1 et seq. It is further the intent of this chapter to not require off-site or off-tract improvements for development, unless the need for such improvements arise from the development within the zone nor shall the approving authority require items deemed as "cost-generating" as defined by N.J.A.C 5:93-10.1 et seq.[1]

Market-rate and minimum low- and moderate-income housing set-aside: The total number of housing units shall not exceed 116 units plus one caretaker unit and the total number of affordable housing units shall not be less than 17.

All low- and moderate-income housing units shall be in conformance with the latest applicable rules for affordable housing as determined by the Council on Affordable Housing, the courts or other applicable authority, as determined appropriate, including such issues as phasing of building low- and moderate-income units in concert with market-rate units.

Bedroom distribution of low- and moderate-income housing units. Subject to the most current applicable COAH or other rules, the bedroom distribution of low- and moderate-income units for affordable units constructed in the R-12-R Zone shall be as follows:

Multifamily residential development.

Recreation areas for passive and active recreation solely for the residents of the development, including, but not limited to, a swimming pool and clubhouse.

A single project identification sign, with an aggregate area of not more than 30 square feet, is permitted. In addition to the permanent development identification sign referenced above, the developer is permitted temporary construction and sales signs as necessary to safely guide visitors and properly separate construction traffic from customer traffic having total area of not greater than 50 feet. No temporary sign shall be illuminated, and all such temporary signs shall be installed and located in accordance with good traffic engineering practices. All temporary signs shall be removed from the property prior to the issuance of certificates of occupancy for that particular section or phase of the development.

An office for a resident or nonresident project manager; provided, however, that not more than 750 square feet of floor area on the ground floor may be utilized for this purpose. Further, a temporary construction/sales trailer is permitted on site during construction.

Additional customary accessory structures and uses are permitted if they serve and are incidental to the primary permitted use and include off-street parking facilities, stormwater detention/retention facilities, one-story maintenance buildings, mail kiosks and fences and walls.

Minimum lot area, yard and setback requirements shall be subject to all restrictions and limitations hereinafter set forth and contained in the Schedule of Bulk and Coverage Controls for the R-3 Zone shall apply.[1]

Parking consistent with RSIS requirements consistent with N.J.A.C. 5:21-4.14, Table 4.4, shall be required except alternative parking standards to those shown in Table 4.4 shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available off-site parking resources.

Development shall be subject to the zone regulations of the R-3 Zone.

Barbershops and beauty parlors.

Groceries and foodstuffs.

Drugs and pharmaceuticals.

Confectionery, newspaper, stationery, and tobacco.

Hardware and paints.

Laundry and dry-cleaning collection, but not processing.

Radio, television and small appliance sales.

Bakeries.

Bank and financial institution branch offices.

Professional and business offices.

Restaurants including restaurants with outdoor dining subject to § 540-165.

R-2 residential uses, subject to restrictions applicable to such zone.

Minimum lot size: 6,500 square feet.

Minimum street frontage:

Setbacks:

Maximum building height: one story/ 20 feet exclusive of towers, cupolas or other architectural elements but in no event shall the total height including architectural elements exceed 30 feet.

Maximum canopy height: The height of a canopy shall be no greater than the height of the principal building on site. If no principal building exists on site, the height of the canopy shall not exceed 15 feet.

Maximum building coverage, excluding pump islands: 25%.

Maximum impervious coverage: 90%.

Notwithstanding the foregoing, existing building lines including front-yard, side-yard, rear-yard, height, canopy height, building coverage and impervious coverage, may be continued upon conversion without necessity of variance approval in the event of a conversion as anticipated by this subsection.

Minimum buffer adjoining residential zone or residential property. There shall be a minimum five-foot-wide landscaped buffer adjoining any residential zone or residential property secured by a minimum six foot fence that may extend into the front yard setback.

Streetscape requirements. Streetscape standards as required within the B3 and B3A zones shall apply.

Maximum number of fueling stations: There shall be a maximum of four dispensers with two fueling positions at each dispenser.

Permitted hours of operations will be limited to the hours of 6:00 am to 11:00 pm, Monday through Sunday, or as otherwise permitted in the B-1 Zone, however, the store may be open for cleaning, stocking of shelves etc., but may not be open for regular business during off hours.

Permitted signage. Permitted signage shall be limited to the following:

Prohibited activities and uses.

In districts zoned B-2 Central Business, no building shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for general retail, personal service, amusement and recreation or cultural facilities and establishments consistent with the B-1 Zone and not otherwise prohibited by any section of this chapter and wherein the principal activity shall be the sale on the premises to the ultimate consumer of goods, commodities, services or the furnishing of facilities.

Residential development above storefronts subject to the requirements of § 540-162E.

No use permitted in a B-1 Zone District shall be excluded from a B-2 Zone District, including R-2 uses in the same manner permitted within the B-1 Zone District.

Residential development above a commercial use is permitted, provided that the entire first floor of the building is devoted to such B-1 use and the entire upper stories are devoted to residential use, with a separate entranceway for access to such second floor.

The maximum permitted residential density shall not exceed 12 dwelling units per acre.

Residential development shall be subject to an affordable housing set-aside of 20% of all residential units developed and shall be further subject to all requirements as provided for under Article XXIV, Affordable Housing.

Development shall be subject to the zone regulations of the B-2 Zone.

Parking consistent with RSIS requirements consistent with N.J.A.C. 5:21-4.14, Table 4.4, shall be required except alternative parking standards to those shown in Table 4.4 shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available off-site parking resources.

Any business use permitted by this section shall only be conducted within the confines of a building, with the exception of nurseries, florists, outdoor dining subject to the standards of § 540-165.

No business shall carry merchandise other than that intended to be sold at retail in the premises or used in the rendering of a service permitted to be conducted on the premises.

More than one building may be permitted on one lot, provided that yard and area requirements are met for each building, except where a building is used exclusively for residential purposes; then such building, together with accessory buildings as permitted by this chapter, shall be the sole use permitted on said lot.

Notwithstanding anything to the contrary in this chapter, there shall be no requirement for any business operating in the B-2 Central Business Zoning District to provide for off-street parking for any permitted use hereunder. Any reviewing board may nevertheless review any plan submitted for off-street parking in terms of safety and circulation and impose restrictions or conditions in accordance with such review.

Bulk requirements. Minimum lot area, yard and setback requirements shall be subject to all restrictions and limitations hereinafter set forth and contained in the Schedule of Bulk and Coverage Controls.[1]

All properties on the west side of Goffle Road from Lafayette Avenue to the Wyckoff border and certain specifically identified properties on Braen Avenue from Goffle Road to Valley Street.

In addition, the permitted uses and zoning restrictions, requirements and standards of the B-3 Zone shall apply as overlay zoning, in addition to and not instead of existing zoning, as depicted on the Zoning Map in the following generally described areas:

Retail, including such uses as antique shops, appliance store, apparel store, bakery shops, barber shops, beauty salon, book and stationery store, butcher, candy and confectionery store, computer and electronics store, delicatessen, drug store (pharmacy), dry cleaning and tailoring, florist shop, food and grocery, furniture store, hardware store, hobby and craft store, liquor store, painting and wallpaper store, as well as other uses similar to those listed above.

New car dealerships and related services as well as used car sales but only in conjunction with a new car dealership.

Health club.

Personal service.

Restaurant, with outdoor dining, subject to § 540-165, but excluding drive-through.

Office, including medical.

Banks and financial institutions.

Garden centers and nurseries.

Printing and reprographics.

Assembly with associated storage.

Automobile repair, service and parts.

Contractors supply including plumbing, electrical, carpentry and related trade supply.

Contractor offices including related accessory storage; provided, however, that all such storage is indoor storage.

Automotive fueling station with convenience store as defined herein under Article VII, Definitions, subject to the requirements of § 540-163I.

Minimum lot size: 43,560 square feet.

Minimum street frontage:

Setbacks:

Maximum building height: one story/20 feet exclusive of towers, cupolas or other architectural elements but in no event shall the total height including architectural elements exceed 30 feet.

Maximum canopy height. The height of a canopy shall be no greater than the height of the principal building on-site. If no principal building exists on-site, the height of the canopy shall not exceed 15 feet.

Maximum building coverage, excluding pump islands: 25%.

Maximum impervious coverage: 90%.

Minimum buffer adjoining residential zone or residential property. In the B3, B-3A and I zones wherein public garages and gas stations are permitted, there shall be a minimum ten-foot-wide landscaped buffer adjoining any residential zone or residential property secured by a minimum six-foot fence that may extend into the front yard setback.

Streetscape requirements. Streetscape standards as required within the B3 and B3A zones shall apply.

Maximum number of fueling stations. There shall be a maximum of eight dispensers with two fueling positions at each dispenser.

Permitted hours of operations will be limited to the hours of 5:00 a.m. to 12:00 midnight, Monday through Sunday; however, the store may be open for cleaning, stocking of shelves, etc., but may not be open for regular business during off hours.

Permitted signage. Permitted signage shall be limited to the following:

Prohibited activities and uses.

All properties on the east side of Goffle Road from Lafayette Avenue to the Ridgewood border, and also including property on both sides of Rock Road between Goffle Road and the NYS&W Railroad.

In addition, the permitted uses and zoning restrictions, requirements and standards of the B-3A Zone shall apply as overlay zoning, in addition to and not instead of existing zoning, as depicted on the Zoning Map in the following generally described areas:

No parking space shall be permitted where vehicles are required to back in or out directly to Goffle Road or Wagaraw Road. All on-site parking areas shall be accessed via internal circulation aisles.

All developments shall provide internal driveway linkages permitting vehicles to travel to and from adjoining parking lots, thereby enabling vehicles to travel from one lot to the next without having to go onto Goffle Road or Wagaraw Road, where practical. Parking lots shall accordingly be designed to accommodate this linkage and provide the appropriate safe and efficient design features consistent with this requirement.

Parking is allowed in the front yard, provided there is a minimum ten-foot-wide planted strip, with appropriate landscape elements, separating the parking area from Goffle Road and Wagaraw Road.

Building form and mass.

Facade treatment.

Material and texture.

Lighting.

Streetscape design: sidewalks.

Landscaping.

No person shall operate an outdoor dining area/sidewalk cafe as permitted by this section in the Borough of Hawthorne without first obtaining an outdoor dining/sidewalk cafe permit and satisfying all of the requirements of this chapter.

Permits shall allow outdoor dining areas and sidewalk cafes to operate between April 1 and November 30 and shall be renewed annually. Applications for outdoor dining shall be submitted by no later than March 1 for review and approval by the Borough Zoning Officer.

When not operational, all furniture and umbrellas shall be removed and stored within the confines of a building for the season.

The name, address and telephone number of the applicant and property owner, and written authorization of the owner of the property in question, and the street address and block and lot number of the property in question;

A sketch containing a scale drawing clearly illustrating the number, type of materials, location of the tables, chairs, umbrellas, planters, awnings, lighting, electrical outlets (if any) or other furnishings to be located in the outdoor dining area/sidewalk cafe.

The scale drawing shall also illustrate the following:

A statement of the seating capacity of the existing restaurant and the proposed seating capacity of the outdoor dining area;

A statement indicating the number of parking spaces serving the existing restaurant.

The Zoning Officer will review the application for completeness and compliance with the terms of this section. If the application is complete, the Zoning Officer will act upon the same within 10 business days of the submittal of the application or within 10 business days after the application is declared complete. If the application is not complete, the Zoning Officer will notify the applicant in writing, within 10 business days of the submittal of the specific deficiencies of the application. The Zoning Officer may refer the application to the construction official, Chiefs of the Bureaus of Police and Fire, the Health Officer, the municipal engineer and planner for their review and recommendation, whereupon the time for all of the aforementioned actions shall be increased to 15 business days.

If the application complies with this article, the Zoning Officer shall issue a permit, which shall be valid for one year from the date of issuance.

Acceptance of the permit by the applicant shall represent consent to allow the Departments of Health, Fire, Police, and Building of the Borough to inspect the outdoor dining area/sidewalk cafe for continued compliance with the terms, conditions and regulations of this article.

No permit shall be issued hereunder unless the applicant shall demonstrate adequate pedestrian movement at all times. A minimum four-foot-wide area of unobstructed paved surface will be available for pedestrian movement, including the unimpeded passage of handicapped individuals, around or through the outdoor dining area or sidewalk cafe.

No tables, chairs or other equipment shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk, or property of the Borough. All tables and chairs must be constructed of sufficient weight to not be affected by windy conditions.

Outdoor music is permitted subject to Chapter 333, Noise. No live band/or performance is permitted after 10:00 p.m. No recorded or DJ music is permitted after 11:00 p.m.

No outdoor dining shall be open for business prior to 7:00 a.m. nor remain open for business after business hours and closing of the restaurant, but in no case later than 11:00 p.m. or, extent of hours permitted under a valid liquor license, whichever is later.

The Borough shall not require additional parking for outdoor dining area/sidewalk cafe seating, provided that the number of seats in the outdoor dining area or sidewalk cafe does not exceed 50% of the total number of seats in the eating and drinking establishment. Outdoor seating in excess of 50% of the total number of seats in the eating and drinking establishment may be permitted; however, the excess outdoor seating shall be balanced by a 1:1 reduction in the number of indoor dining seats. Outdoor dining in excess of the 50% limit where there is no 1:1 reduction of indoor seating proposed shall be considered an expansion of the eating and drinking establishment requiring site plan approval from the Planning Board.

Each establishment is responsible for keeping the area of the outdoor dining/sidewalk cafe and adjacent walks and streets free and clear of any debris or litter occasioned by the facility. Areas must be cleaned as needed, as well as at the time the business is closed and at the beginning of each business day.

The perimeter of the area may be defined and delineated by an enclosure such as live potted plants, or temporary railings on the sidewalk, when space is adequate, to define the area and limit the ability of litter to blow off premises. The enclosure shall define the outdoor dining area/sidewalk cafe and separate it from the adjacent sidewalk. The portable barrier shall not exceed five feet in height.

Awnings and outdoor umbrellas may not be less than seven feet above the adjacent sidewalk and cannot extend more than one foot beyond the enclosure, as provided above.

Any open flame lighting fixture shall be permitted only upon the approval of the Fire Official.

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

Tables, chairs and umbrellas shall be uniform and complementary in color, materials and style. No picnic-style tables are permitted.

Laboratories for scientific research.

Office facilities utilized by the same person, firm or user of the use described in Subsection A(1) above, when located in the same building or complex of buildings on the same lot, tract or parcel.

No use or structure shall be permitted under this section which results in noise, dust, smoke, fumes, gas, offensive or noxious odors or other atmospheric effluent being disseminated outside the building.

Manufactured or commercial explosives shall be kept, maintained or stored on said premises, except in small quantities for laboratory research, and then only in compliance with all applicable federal, state and local safety statutes.

No animal shall be kept or maintained for laboratory research unless a written permit is first obtained from the Municipal Council upon the recommendation of the Board of Health.

Establishments which are engaged in research and development, manufacturing, processing, fabricating, indoor warehousing and storage, provided that no land or building shall be used or occupied for a use which will in any manner create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness; movement of air; electrical or other disturbance; glare; liquid or solid wastes, any of which shall violate the performance standards as set forth in § 540-134.

Uses permitted in the B-1 and O-1 Zone Districts shall be permitted in I-1 Industrial Zones; provided, however, that no residential use, even as allowed by B-1 Zone District regulations, will be permitted. Outdoor storage of materials shall not be permitted as a principal or primary use and shall only be permitted as incidental to a permitted principal or primary use. Outdoor storage of materials may not take place, even where incidental to a primary use, as a matter of right, and shall be strictly subject to review, approval, and such conditions as may be imposed by the reviewing board hearing any application seeking approval of the same.

In an I-1 Industrial Zone District and except as specifically permitted under § 540-167A, no land or building shall be used or occupied and no building shall be erected, altered or enlarged which is arranged, intended or designed to be used or occupied for any of the following specified trades, businesses or uses:

No person shall construct or alter a driveway or lane which shall enter onto the public roads of the Borough without first obtaining a driveway permit from the Borough Engineer. The Borough Zoning Officer shall not issue a zoning permit for the construction or alteration of any structure which involves the construction or alteration of a driveway unless he has received an approved driveway application from the Borough Engineer.

Ordinary maintenance or paving of existing driveways not involving widening or extending existing driveways shall be exempted from the terms of this chapter.

Separate permits or applications for buildings or structures for which site plan application has been made and approved by the appropriate municipal body shall be exempt from the terms and requirements of this chapter.

The Borough can require additional escrow, as determined by the Borough Engineer, to ensure all review and inspection costs are funded.

Nonresidential driveways. The maximum number of driveway openings permitted from a commercial or industrial lot to any one road shall be limited as follows:

The maximum number of driveway openings permitted from an interior lot with a detached single-family residential dwelling is as follows:

The maximum number of dual-purpose driveway openings for a detached single-family residential dwelling that is situated on a corner lot is two, as long as no more than one dual purpose driveway opening is situated on a particular road frontage.

Circular driveways are permitted, provided there is a minimum lot width of 75 feet and five-foot setback from the side property lines is maintained.

No more than one circular driveway is permitted for each lot with a detached single-family residential dwelling.

Location. All entrance and exit driveways to a Borough road shall be located to afford maximum safety to traffic on said Borough road and in accordance with the following requirements:

Residential.

Commercial and industrial. These driveways shall be designed for their particular situation, using turning templates to test truck movements to and from both directions of travel. Flat angles and one-way drives shall be utilized whenever feasible. Driveway exits for one-way operation shall be at an angle not less than 30°.

Driveways shall be constructed and maintained in such a manner as to prevent erosion of soil from them and land adjacent to them. All disturbed areas not otherwise paved or landscaped shall be topsoiled, seeded and mulched as soon as practical after construction of the driveway.

The owner of any existing driveway which causes problems of soil or aggregate runoff within the right-of-way of any Borough road or on adjoining property shall, upon written notice from the Borough Engineer, correct the conditions causing said problems within 14 days of said notification. Failure to make such corrections shall be in violation of this chapter.

No driveway shall be designed or constructed to permit surface water to flow onto the pavement of any Borough road, nor shall any existing drainageway, swale, ditch or pipe be blocked or disturbed by the construction of any driveway unless provision for relocation or reconstruction is made in the design. Drainage design shall be subject to the review and approval of the Borough Engineer.

Applicable requirements of the Borough Stormwater Control regulations pursuant to Article XI, Stormwater Management for Major Development, shall apply.

All driveways constructed within the public right-of-way shall be constructed in such a manner as not to interfere with the drainage along the existing pavement or gutter. Under no circumstances shall the driveway be allowed to extend beyond the edge of the existing gutter line of a public roadway and create a hump or uneven driving surface on the pavement or shoulder. In certain circumstances, as approved by the Borough Engineer, the driveway may be constructed to have a sufficient rise above shoulder level to prevent excess runoff from the roadway onto adjacent property. The construction of a properly sized dish-type gutter will be permitted, provided that existing gutter flow will not be changed.

The installation of a suitable-sized reinforced concrete pipe or equivalent shall be required in the event that the existing flow line or ditch cannot be crossed with a shallow dish-type gutter. The size of the pipe shall be subject to the approval of the Borough Engineer. No pipe shall be smaller than 15 inches in diameter.

The installation of suitable-sized cross drains shall be required at points along the driveway as deemed necessary by the Borough Engineer in order to prevent the accumulation of large quantities of runoff water and the effects of soil erosion on the public road or adjoining property.

The construction of all driveways shall be subject to the inspection and approval of the Borough Engineer. No certificate of occupancy shall be issued until the Borough Engineer notifies the Building Code Official that the driveway has been installed in accordance with the approved plan.

In the event that the construction season is too far along to permit the placing of the bituminous pavement, a temporary certificate of occupancy may be issued if the applicant has posted a cash bond or letter of credit with the Borough guaranteeing that the driveway will be completed within 12 months from the date of this bond. The amount of the bond shall be established by the Borough Engineer.

No such sign shall exceed a maximum sign area of 30 square feet nor exceed a maximum height of eight feet.

The base for any proposed monument sign shall be appropriately landscaped.

Monument signs may be internally or externally illuminated.

No sign shall exceed an area of two feet by three feet.

Sidewalk signs shall be displayed during normal business hours only. Overnight display is prohibited.

Only one such sign shall be permitted per business.

Sidewalk signs shall be placed within the frontage occupied by the business advertised.

Any sign permitted within the sidewalk area shall not pose an obstruction to pedestrian traffic.

The sign shall be clearly marked with the name of the person or organization responsible for the sign.

The sign may be displayed for a period not to exceed 30 days.

The sign shall not be illuminated, affixed by tacking, pasting or otherwise mounting upon utility poles, light stands or trees.

The sign shall not exceed the sign area of 15 square feet and no more than two such signs shall be permitted at any time on any property except in the case of multiple tenancies within a business development, upon which each tenant may have only one sign. Each tenant is required to apply separately.

No sign shall be placed within a public right-of-way. Any sign that is placed within the public right-of-way shall be subject to removal by the Borough.

Banners shall not exceed a total sign area of 32 square feet.

There shall be no more than two such sign permits issued in any calendar year.