Lodi City Zoning Code
ARTICLE IV
District Regulations
§ 585-8 Exclusions; prohibited uses.
A.
In addition to uses specifically prohibited by this chapter, no building, structure or land shall be used nor shall any building, structure or part thereof be erected or altered nor shall any use of land be changed where said use, erection or alteration of land, structure or building is intended, arranged or designed to be used, in whole or in part, for any use or purpose except the uses specifically allowed by right or as conditional uses for each district as specified herein. The omission of any use or type of use herein shall be deemed to be an exclusion thereof from all districts. Any use not specifically designated as a principal permitted use, an accessory use, or a conditional use is specifically prohibited from any zone district in the Borough.
B.
The storage, handling or use of chemicals, as defined in the definition of "chemical plants" in Article II, Terminology, is prohibited in all districts.
C.
Twenty-four-hour operation. Within all districts, there shall be no twenty-four-hour operation seven days a week without going before the Zoning Board of Adjustment, with the exception of the Route 17 corridor.
D.
R-1 and R-2 Districts.
(1)
It shall be prohibited to construct or have a kitchen or kitchen facilities, sink or bathroom in the attic.
(2)
Attic spaces may not be used for sleeping areas unless they are approved by Zoning Board of Adjustment and/or Planning Board and meet all requirements of the Uniform Construction Code. Any approved attic bedroom must be connected directly with the apartment below without passing through a common hallway and must meet all egress requirements.
(4)
Renovation of basements shall be restricted to one large habitable area, with no other habitable rooms. Storage and utility rooms may be erected, provided that they remain unfinished without locking doors.
(5)
Bedrooms shall not be permitted in basements or areas below the first-floor habitable area.
(6)
All basement areas must be attached directly to the dwelling unit above without passing through a common hallway, nor shall there be locking doors between the basement habitable area and the dwelling unit above.
§ 585-9 District use regulations.
A.
R-1 Single-Family Residence District.
(1)
Purpose. The R-1 Single-Family Residence District is designed primarily for detached single-family residential dwelling units, but in addition provides for residentially supportive institutional facilities which both serve and are compatible with such uses.
(3)
Permitted accessory uses. The following accessory uses shall be permitted in an R-1 Single-Family Residence District.
(4)
Conditional uses. The following uses shall be permitted in the R-1 Single-Family Residence District, provided they meet the conditions set forth in § 585-12.
(a)
Home occupations in accordance with § 585-12B(1).
(b)
Home professional offices in accordance with § 585-12B(2).
(c)
Child-care centers and nursery schools in accordance with § 585-12B(3).
B.
R-2 Single- and Two-Family Residence District.
(1)
Purpose. The R-2 Single- and Two-Family Residence District is designed primarily for detached single- and two-family residential dwellings, but in addition shall provide for residentially supportive institutional facilities which both serve and are compatible with such uses.
(2)
Permitted principal uses. The following uses shall be permitted in the R-2 Single- and Two-Family Residence District.
(3)
Permitted accessory uses. The following accessory uses shall be permitted in the R-2 Single- and Two-Family Residence District.
(4)
Conditional uses. The following uses shall be permitted in the R-2 Single- and Two-Family Residence District, provided they meet the conditions set forth in § 585-12.
(a)
Home occupations in accordance with § 585-12B(1).
(b)
Home professional offices in accordance with § 585-12B(2).
(c)
Child-care centers and nursery schools in accordance with § 585-12B(3).
C.
R-LR Low Rise Residence District.
(1)
Purpose. The Low-Rise Residential District is designated to provide primarily for low-rise multifamily residential developments at moderate densities.
(3)
Permitted accessory uses. The following accessory uses shall be permitted in the R-LR Low-Rise Residential District:
(4)
Conditional uses. The following uses shall be permitted in R-LR Low-Rise Residence Districts, provided they meet the conditions set forth in § 585-12.
(a)
Home professional offices in accordance with § 585-12B(2).
D.
R-MR Medium Rise Residence District.
(1)
Purpose. The Medium-Rise Residence District is designed to provide primarily for medium-rise multifamily residential developments at high densities.
(3)
Permitted accessory uses. In the R-MR Medium-Rise Residence District the following accessory uses shall be permitted:
(4)
Conditional uses. The following uses shall be permitted in the R-MR Medium-Rise Residence District, provided they meet the conditions set forth in § 585-12.
(a)
Home professional offices in accordance with § 585-12B(2).
E.
C-NR Neighborhood Retail District.
(1)
Purpose. The purpose of the C-NR Neighborhood Retail District is to encourage small retail facilities which provide for the daily convenience and shopping needs of local residents.
(2)
Permitted principal uses. The following uses shall be permitted in the C-NR Neighborhood Retail District.
(a)
Retail trade.
(b)
Retail services.
(c)
Personal services.
(d)
Restaurants.
(e)
Eating and drinking establishments.
(f)
Professional offices.
(g)
Medical and dental offices.
(h)
General and business offices.
(i)
Civic and philanthropic uses.
(j)
Funeral parlor and mortuaries.
(k)
Detached single-family residential dwellings.
(l)
Two-family residential dwellings.
(4)
Conditional uses. The following uses shall be permitted in the C-NR Neighborhood Retail District, provided they meet the conditions set forth in § 585-12.
(a)
Child-care centers or nursery schools in accordance with § 585-12B(3).
(b)
Automobile service stations in accordance with § 585-12B(4).
F.
C-C Central Commercial District.
(1)
Purpose. The purpose of the C-C Central Commercial District is to provide a community and business center for the Borough of Lodi, comprised of centrally located community facilities and retail services laid out in planned shopping centers.
(2)
Permitted principal uses. The following principal uses shall be permitted in the C-C Central Commercial District.
(b)
Retail trade.
(c)
Retail services.
(d)
Restaurants.
(e)
Eating and drinking establishments.
(g)
Banks.
(i)
Commercial recreation facilities.
(j)
Professional offices.
(k)
Medical and dental offices.
(l)
General and business offices.
(n)
Government uses.
(o)
Vocational and technical schools.
(p)
Public facilities.
(q)
Civic and philanthropic uses.
(r)
Parks.
(s)
Drive-through pharmacies.
(3)
Permitted accessory uses. The following accessory uses shall be permitted in the C-C Central Commercial District.
G.
C-H Highway Commercial District.
(1)
Purpose. The purpose of the C-H Highway Commercial District is to provide for the goods and services for local and regional customers passing through Lodi to and from regional destinations.
(2)
Permitted principal uses. The following principal permitted uses shall be permitted in the C-H Highway Commercial District.
(3)
Permitted accessory uses. The following accessory uses shall be permitted in the C-H Highway Commercial District.
(4)
Conditional uses. The following uses shall be permitted in the C-H Highway Commercial District, provided they meet the conditions set forth in § 585-12.
(a)
Automobile service station in accordance with § 585-12B(4).
(b)
Automobile washes in accordance with 585-12B(5).
(c)
Bars and taverns in accordance with 585-12B(7).
H.
C-R Regional Commercial District.
(1)
Purpose. The purpose of the Regional Commercial District is to provide comprehensively planned shopping centers and mixed-use developments which provide goods and services to regional customers.
(2)
Permitted uses. The following uses shall be permitted in the C-R Regional Commercial District:
(a)
Retail trade.
(b)
Retail services.
(c)
Personal services.
(d)
Restaurants.
(e)
Eating and drinking establishments.
(g)
Professional office.
(h)
Medical and dental offices.
(i)
General and business offices.
(j)
Banks.
(l)
Commercial recreation establishments.
(m)
Building supply establishments.
(n)
Garden centers.
(o)
Hotels.
(p)
Automotive supply stores.
(q)
Wholesale trade and storage.
(r)
Warehouse and distribution.
(3)
Permitted accessory uses. The following accessory uses shall be permitted in the C-R Regional Commercial District.
(4)
Conditional uses. The following uses shall be permitted in the C-R Regional Commercial District, provided they meet the conditions set for in § 585-12.
(a)
Automobile service station in accordance with § 585-12B(4).
(b)
Bars and taverns in accordance with § 585-12B(7).
I.
C-PD Planned Commercial Development District.
(1)
Purpose.
(a)
The purpose of the Planned Commercial Development District is to create a vibrant downtown environment by providing for flexible development standards and a variety of residential and commercial uses developed according to a comprehensive development plan consistent with the adopted Redevelopment Plan for the district.
(b)
The flexibility in area, yard, bulk and design requirements is aimed to allow for creative design, an outdoor downtown pedestrian environment and a consistently high level of aesthetic and environmental performance.
(2)
Permitted uses. The following shall be permitted in the C-PD Planned Commercial Development District in accordance with § 585-10N:
(a)
Retail trade.
(b)
Retail services.
(c)
Restaurants.
(d)
Eating and drinking establishments.
(e)
Banks.
(f)
Commercial recreational facilities.
(g)
Professional offices.
(h)
Medical and dental office.
(i)
General and business offices.
(j)
Hotels.
(k)
Public facilities.
(l)
Parks.
(m)
Townhouses or row houses.
(n)
Low-rise apartments.
J.
I-LI Light Impact Industrial District.
(1)
Purpose. The I-LI Light Impact Industrial District is to encourage development of light industrial and warehouse uses which meet modern industrial performance standards, provide safe access for vehicular and truck traffic, with well laid out buildings, off-street parking and loading areas and landscaped open space. Heavy industrial uses which pose a threat to the health and well-being of the community, such as chemical plants, salvage yards and junkyards, are to be prohibited.
(2)
Permitted principal uses. The following uses shall be permitted in the I-LI Light Impact Industrial District.
(a)
Manufacturing establishments.
(b)
Research and development uses.
(c)
Warehouse and distribution.
(d)
Wholesale trade or storage.
(e)
Bus and truck depots.
(g)
Utility services.
(h)
Government uses.
(i)
Public facilities.
(j)
Vocational and technical schools.
(k)
Business services.
(l)
General and business offices.
(m)
Animal hospitals.
(n)
Parks.
(4)
Conditional uses. The following conditional uses shall be permitted in the I-LI Light Impact Industrial District, provided they meet the conditions set forth in § 585-12.
(a)
Video or amusement arcades in accordance with § 585-12B(6).
(b)
Adult uses in accordance with § 585-12B(8).
(c)
Billboards in accordance with § 585-12B(9).
(d)
Methadone clinic in accordance with § 585-12B(10).
K.
Filming of commercials.
(1)
The filming or taping of commercial movies, advertisements, shows or other such productions intended for public viewing and/or display by professional crews upon any premises in the Borough of Lodi.
(2)
In any residential zone, no premises shall be so used unless such an undertaking is limited to the interior of a permanent structure upon such premises, unless such premises is otherwise regularly occupied as a residence in a lawful manner and continues to be so occupied during that undertaking, and unless between the hours of 8:00 a.m. to 11:00 p.m. The motor vehicles used in connection with such undertaking must be parked upon the subject premises between the aforesaid hours and in the manner permitted under this chapter for other motor vehicles or upon the public street between the aforesaid hours but only directly in front of the subject premises and only as otherwise permitted by law or ordinance.
(3)
In any other zone, no premises shall be so used unless during the hours otherwise permitted under this chapter for the conduct of the regular business upon such premises and unless such undertaking has been approved by the Chief of Police or his/her designee, Zoning Official along with Mayor and Council. An application fee of $1,500.
(4)
Nothing herein contained shall in any way apply to or restrict the unscheduled filming or taping of news or public interest productions pertaining to matters of immediate public concern or to the filming or taping for private viewing or display.
§ 585-10 Additional requirements for certain uses.
In addition to the standards set forth elsewhere in Article IV, District Regulations, and § 585-7, Schedule of Area, Yard, and Bulk Requirements, the following standards for the uses noted hereunder shall be adhered to. Wherever requirements elsewhere conflict with the standards below, the standards below in this § 585-10 shall apply.
A.
Townhouses or row houses in the R-LR Low-Rise Residential and R-MR Medium-Rise Residential Districts.
(1)
The maximum gross density shall be in accordance with bulk requirements.
(2)
The maximum number of dwelling units in a single building shall be eight, and the maximum length of any single building shall be 160 feet.
(3)
Open space. Not less than 25% of the total area shall be dedicated for open space purposes. Open space shall not include land area in individual residential lots, roads, driveways, parking areas and garages.
(4)
Minimum lot width. No individual townhouse lot shall have a width of less than 18 feet, said width to be measured at the minimum front setback line for each individual lot.
(5)
Staggered front building wall. No more than two adjacent townhouses may be constructed without providing a staggered front building wall setback of not less than 14 feet.
(6)
Distance between townhouse rows. No townhouse row shall be closer than 30 feet to any other townhouse row.
(7)
Parking. Open lots are permitted; however, the following conditions shall apply if private or common garage structures are provided:
B.
Garden apartments/low-rise. All garden apartment dwellings shall conform to the following regulations as to bulk, height and other requirements, and, unless otherwise indicated, these regulations shall be deemed to be the minimum requirements in every instance:
C.
All regulations, requirements, limitations and restrictions applicable to townhouse dwellings shall apply to garden apartments, except:
(1)
Garden apartments shall not be built, erected, converted, reconstructed or used in the case of common wall construction containing fewer than four dwelling units, nor in the case of an interior corridor shall the building contain fewer than eight or more than 12 dwelling units.
(2)
The lot area per dwelling unit shall not be less than 2,500 square feet per unit.
(3)
Each principal building shall have an uninterrupted frontage upon a street or court. Frontage shall be maintained as open space and shall not be used for service of any kind, and frontage on a court shall be 60 feet or twice the average height of the opposite bounding wall, whichever is greater.
(4)
Where a principal building is opposite another principal building, the distance between the two shall not be less than 60 feet or twice the average height of the opposite bounding wall, whichever is greater.
(5)
Where the side of a principal building is opposite the side of another principal building, then the distance between the two buildings shall be not less than 30 feet or the average height of the opposite walls, whichever is greater.
(6)
No principal building shall exceed 80 feet in length at its longest dimension.
(7)
No wall of a principal building running parallel to or nearly parallel to a street shall exceed 50 feet in length, nor shall combined walls of principal buildings running parallel or nearly parallel to a street exceed 50 feet in length.
(8)
Each principal building shall provide both a front and rear service entrance.
D.
Medium rise apartments in the R-MR Medium-Rise Residential District.
(1)
The maximum gross residential density shall not exceed 60 units per acre.
(2)
All open areas other than those used for parking, loading, active recreational purposes and pedestrian and vehicular circulation shall be graded, planted, landscaped and properly maintained. All parking areas shall be screened on their periphery by means of planting, a fence or a decorative block wall having a height of at least four feet.
E.
Apartments in the C-NR Neighborhood Retail District.
(1)
Apartment units shall not be located on the ground or first floor.
(2)
Each apartment shall have its own entrance to a hallway or staircase and a separate entrance from the first or ground floor from the first- or ground-floor uses.
(3)
Two off-street parking spaces shall be provided for each apartment unit.
(4)
There shall be a minimum of 1,800 square feet of lot area per apartment unit.
F.
Outlet and pickup station for laundries and dry-cleaning establishments. In all districts where permitted, other than in the I-LI Light Impact Industrial District, laundries and dry-cleaning establishments shall be limited to outlets and pickup stations with the following standards:
(1)
No washing or laundry shall be permitted on the premises.
(2)
Noncombustible solvent only shall be used in the cleaning; the use of combustible solvent shall be limited to the incidental removal of spots.
(3)
Power used for clothes-pressing operations shall not exceed the equivalent of six rated horsepower.
G.
Laundromats and coin-operated dry-cleaning establishments. In all districts where permitted, such establishments shall meet the following standards:
H.
Drive-through banks in the C-C Central Commercial District and C-R Regional Commercial District.
(1)
The minimum lot area for a freestanding drive-in bank shall be 20,000 square feet. The minimum amount of lot area devoted to a drive-in bank if it is in-line connected to other shopping or commercial facilities shall be 10,000 square feet.
(2)
A minimum of five stacking or queuing spaces of at least 20 feet in length per space for automobiles shall be provided for each drive-through lane of a drive-through bank.
(3)
Each drive-through lane shall be a minimum width of 10 feet. A single lane of at least 10 feet in width shall be provided adjacent to the outermost stacking or queuing land to allow vehicles not entering the stacking lane to exit the property. There shall be sufficient space between the property line and the beginning of the stacking or queuing lane to allow for safe entry, access to parking spaces and on-site circulation. The drive-through service window shall be located at least 30 feet from the street curbline to provide sufficient space for vehicles to safely exit the property. All drive-through vehicular circulation shall be in a counterclockwise direction. Drive-through lanes shall be set back at least 15 feet from all residential property lines and be screened from adjacent residential property by means of a six-foot solid screen fence or vegetative screen.
I.
Drive-through restaurants in the C-C Central Commercial District, C-H Highway Commercial District and C-R Regional Commercial District.
(1)
The minimum lot area for a drive-through restaurant shall be 30,000 square feet.
(2)
A minimum of eight stacking or queuing spaces, at least 20 feet in length per space, shall be provided for a drive-through lane of a drive-through restaurant.
(3)
Each lane shall be a minimum width of 10 feet. A single lane of at least 10 feet in width shall be provided adjacent to the outermost stacking or queuing land to allow vehicles not entering the stacking lane to exit the property. There shall be sufficient space between the property line and the beginning of the stacking our queuing lane to allow for safe entry, access to parking spaces and on-site circulation. The drive-in window shall be located at least 30 feet from the street curbline to provide sufficient space for vehicles to safely exit the property. All drive-through vehicular circulation shall be in a counterclockwise direction. Drive-through lanes shall be set back at least 15 feet from all residential property lines and be screened from adjacent residential property by means of a six-foot solid screen fence or vegetative screen.
J.
Designed shopping centers in the C-C Central Commercial.
(1)
Uses within the shopping center shall be restricted to those permitted in the district.
(2)
No principal or accessory structure shall be nearer than 100 feet to a residential district or 50 feet to a street.
(3)
On-site parking areas shall conform to the following requirements:
(a)
Such lots shall be limited to the exclusive use of passenger vehicles.
(b)
No repair, fueling or other service of any kind shall be extended to vehicles on the lot.
(c)
Points of access or egress shall be limited to not more than two for each 700 feet or major fraction thereof of lot frontage and shall have a width of 24 feet if intended for two-way vehicular movement and 12 feet if intended for one-way movement.
(d)
All parking lots shall be lighted after sunset throughout the hours when they are accessible to the public. Such lighting shall not exceed an average of seven footcandles at pavement level and shall be a minimum of 2.5 footcandles. The installation of such lighting shall be so hooded or shielded as to reflect the light away from abutting or neighboring residential property to zero footcandles on the property line.
K.
Hotels in the C-C Central Commercial and C-H Highway Commercial District and motels in the C-H Highway Commercial District.
(1)
Meeting or banquet rooms or restaurants shall be permitted as accessory uses.
(2)
There shall be a minimum lot size of 40,000 square feet.
(3)
The maximum coverage of the lot by buildings shall be 35%.
(4)
No hotel structure shall exceed a height of five stories and 75 feet and no motel structure shall exceed a height of three stories and 45 feet.
(5)
No building shall be closer than 25 feet from all property lines.
L.
Automobile sales in the C-H Highway Commercial District.
(1)
The minimum lot area shall be two acres.
(2)
The minimum street or highway frontage shall be 150 feet.
(3)
No vehicle may be stored or parked closer than 10 feet to a right-of-way line nor to any property line.
(4)
The principal use shall be new automobile sales. Used automobile sales shall be permitted only as an accessory use and restricted to 30% of the total lot area.
M.
Automobile or truck repair establishments in the I-LI Light Impact Industrial District.
(1)
No work shall be performed outside of a fully enclosed building.
(2)
Outdoor storage of materials and equipment shall not be permitted.
(3)
Outdoor storage of automobiles shall not be permitted unless screened by a solid fence or wall at least six feet in height around the entire storage area. The outdoor parking of more than two vehicles in disrepair shall be considered as storage of vehicles.
N.
Planned commercial development in the C-PD District.
(1)
Any development in the C-PD Planned Commercial Development District shall be designed, in part or as a whole, as a single complex, according to a comprehensive master site development plan. Such plan shall conform to the intent and purpose of the Redevelopment Plan adopted for the forty-two-acre Redevelopment Area and shall be subject to the review and approval of the Redevelopment Agency of the Borough of Lodi. In addition, internal site landscaping, building design and common area maintenance guideline standards shall be established.
(2)
No more than 70% of the total land area shall be devoted to commercial uses, and no less than 10% of the land area shall be in the form of open space, a park or recreational uses or features, which area may include the floodplain area of the Saddle River.
(3)
Off-street parking areas shall be interspersed in convenient locations intended to serve the mix of commercial uses provided within the district and, to the extent possible, shall be shared and available to the residents, employees, tenants and customers of all uses. Such off-street parking areas shall include landscaping for shade, buffering and separation between buildings, driveways and parking areas, for defining circulation routes and for storage of snow. The number of off-street parking and loading spaces shall be provided in accordance with § 585-14 of the chapter.
(4)
A comprehensive signage plan shall be provided, which covers overall project identification, individual building/tenant identification, traffic regulations, pedestrian crossings, street identification/parking and directional instructions. All signage shall be consistent with the scale and character of the buildings and uses within the district.
(5)
All commercial buildings shall be designed to convey the image of a planned commercial and business center for Lodi and should contain the following design elements:
(6)
Building arrangement, lot width, frontage, depth and yards may be freely disposed and arranged on a lot, provided the overall plan conforms to the general purpose and intent of the comprehensive master site development plan. Maximum building coverage shall not exceed 40%, and maximum lot coverage shall not exceed 85%.
(7)
Buildings devoted to retail use shall not exceed two stories or 50 feet in height, whichever is the lesser. Buildings devoted to residential use shall not exceed three stories or 45 feet in height, whichever is the lesser. Buildings devoted to office or hotel use shall not exceed five stories or 75 feet. No office use shall be located on the first or ground floor.
(8)
The minimum distance between any commercial building, principal or accessory, parking, and an adjacent R-2 Single- and Two-Family Residence District boundary line shall be 75 feet, together with such landscape and/or berm treatment sufficient to shield such commercial activity from the residence district.
O.
Shopping centers in the C-H Highway Commercial and C-R Regional Commercial District.
(1)
Uses within the shopping center should be limited to those permitted within the district.
(2)
On-site parking areas shall conform to the following requirements:
(a)
On-site parking shall be limited to the exclusive use of passenger vehicles.
(b)
No repair, fueling or other service of any kind shall be extended to vehicles on the site.
(c)
For properties with less than 700 feet of frontage on a highway, driveways providing ingress or egress shall be limited to not more than two. Properties in excess of 700 feet of frontage on a driveway providing ingress or egress shall be limited to not more than two for each 700 feet or major fraction thereof of lot frontage. Such driveways shall have a width of at least 24 feet if intended for two-way vehicular movement and at least 12 feet if intended for one-way movement. Paired one-way access and egress driveways shall be counted as a single point.
(d)
All parking lots shall be lighted after sunset throughout the hours when they are accessible to the public. Such lighting shall not exceed an average of seven footcandles at pavement level and shall be a minimum of 2.5 footcandles. The installation of such lighting shall be so hooded or shielded as to reflect the light away from abutting or neighboring residential property and zero footcandles on all property lines.
P.
Drive-through pharmacies in the C-C Central Commercial District.
(1)
A minimum of five stacking or queuing spaces of at least 20 feet in length per space for automobiles shall be provided for each drive-through lane of a drive-through pharmacy.
(2)
Each lane shall be a minimum width of 10 feet. A single lane of at least 10 feet in width shall be provided adjacent to the outermost stacking or queuing lane to allow vehicles not entering the stacking lane to exit the property. There shall be sufficient space between the property line and the beginning of the stacking or queuing lane to allow for safe entry, access to parking spaces and on-site circulation. The drive-through window shall be located at least 30 feet from the street curbline to provide sufficient space for vehicles to safely exit the property. All drive-through vehicular circulation shall be in a counterclockwise direction. Drive-through lanes shall be set back at least 15 feet from all residential property lines and be screened from adjacent residential property by means of a six-foot solid screen fence or vegetative screen.
§ 585-11 Accessory uses/structures.
The following standards shall apply to the accessory uses/structures listed hereunder.
A.
Residential swimming pools.
(1)
The surface area of a private swimming pool shall not exceed 33% of the rear yard area, determined by multiplying the rear yard depth by the average rear yard width.
(2)
The swimming pool shall be located behind the rear line of the residence. No part of the surface area of a private swimming pool shall be closer than six feet from the rear or side property lines, including all filters and equipment, measured from the most outer line of any walkways around the pool and 10 feet from any structure, including accessory buildings.
(3)
All private swimming pools shall be completely enclosed with a permanent substantial fence at least four feet in height, but not to exceed six feet in height. No aperture in such fence or gate shall be more than three inches in width. Such gate or fence shall be so designed, constructed and maintained so as to prevent unauthorized or accidental access to the pool by children except when the pool is in use under the supervision of the owner of the pool or by his or her permission.
(4)
Every pool shall be equipped with a filtrator, circulation, clarification and chlorination system or may be required so as to meet the requirements of the Borough of Lodi's ordinances and/or regulations and shall be six feet from rear and side property lines.
(5)
Machinery used in connection with the pool shall only be in operation between 9:00 a.m. and 10:00 p.m. EDT and shall be housed in a soundproof structure.
(6)
The surface area of private swimming pools shall not be considered for determining lot coverage for any purpose, as such surface will not increase water runoff into the storm sewer system of the Borough.
(7)
Any patio construction surrounding a private swimming pool shall be included in lot coverage calculations. Paving or similar block patios which are pervious to water penetration are to be considered as impervious construction and shall count as 75%.
B.
Cabanas.
(1)
Cabanas accessory to a residential swimming pool, where provided, may only be erected on the same zone lot as the principal structure. Such cabana shall comply in all respects with the regulations governing accessory structures and uses in residential zones.
(2)
Cabanas shall occupy an area no greater than 50 square feet and shall not exceed a height of 10 feet.
C.
Private garages.
(1)
Private garages which are accessory to a detached single-family residential dwelling shall not have a capacity for more than three motor vehicles, and no more than four motor vehicles for two-family residential dwellings.
(2)
Such garages shall be connected by a driveway to the adjacent street.
(3)
Such garage shall be located on the same lot as the residential dwelling unit it serves.
(4)
Detached accessory garages in residential zones or on any lot adjoining a residential zone may occupy in the aggregate up to 30% of the area of any rear yard, but shall not be located nearer than three feet to any side or rear lot line.
D.
Fences and walls.
(1)
In a residential front yard, no portion of any fence or wall may exceed a height of four feet and 50% open. A solid fence not exceeding six feet in height can be installed on the remaining side and rear.
(2)
A corner lot shall not be considered to have two front yards.
(3)
The face or finished side of any fence must face the adjacent property.
(4)
A retaining wall, series of retaining walls and sound barrier walls having a total height four feet or greater shall always require an engineered drawing(s). Drawing(s) must be approved by the Borough Engineer before a construction permit is issued. A minimum of $1,500 must be placed in escrow account prior to the Borough Engineer review.
(5)
Along boundaries of a nonresidence district, a fence or wall in a required yard may be erected to a height of six feet. However, in the C-R Regional Commercial District, fences or walls shall not exceed eight feet in height. Fences or walls in any other nonresidential district which are not erected along the boundary line and with a height of more than four feet shall conform to the requirements set forth herein for buildings. Except where specifically prohibited under the terms of this chapter or any other applicable ordinance or regulation of the Borough, nothing herein shall be construed to prohibit the use of hedges, trees or other plantings anywhere on the lot.
(6)
No fence shall be erected with barbed wire or any other material harmful to humans or animals.
E.
Tool/storage shed. Any shed must be located in the rear yard with a setback of four feet from the side and rear lot line and 10 feet from any other structure. In can not be larger than 150 square feet, one story and 12 feet in height on a ridge roof and 10 feet for a flat roof.
F.
Solar systems.
(1)
Any rooftop solar systems on a one- or two-family home must be set back from each side of the roof four feet and must be four feet from the gutter line.
(2)
All solar panels/systems shall comply to N.J.A.C. 5:70-2.21 which requires the property owner to register with the Borough the location of the shutoff switch in the event of an emergency or fire.
(3)
All other zones must go to the Planning Board for site plan approval.
G.
Decks and patios.
(1)
May be located in any required rear yard, provided that they meet the required bulk standards, so long as they do not exceed a height of three feet over the natural grade of such yard, exclusive of railings, which shall not exceed an additional height of 42 inches.
(2)
Decks exceeding a height of three feet over the natural grade shall further be permitted as an exception as to the restriction against projections into required yards upon the following conditions:
(a)
That such deck is no higher than the first floor of living area of the structure to which it is attached or nine feet over the natural grade of the yard, whichever is less.
(b)
That any portion of such deck that is higher than three feet over the natural grade of the yard shall not be closer than 10 feet from any side yard line.
(c)
That no railing appurtenant to such deck shall exceed an additional height of 42 inches.
H.
Air conditioners/emergency generators. Ground-mounted air-conditioning units and emergency generators must be installed in the rear yard or, alternatively, be installed at least 10 feet from the side property line. In addition, appropriate screening must be installed surrounding the unit to maintain a sound barrier. Said screening may be by fencing or landscaping.
I.
Parking structures in the C-C Central Commercial and C-H Highway Commercial districts.
(1)
Parking structures shall not be located in the front yard.
(2)
The maximum height of a parking structure shall be three levels, including ground level, but in no event shall the parking structure exceed the height of the principal building which it serves.
(3)
The side and rear yard setbacks for parking structures shall be the same as that required for principal buildings in the district.
J.
Retail sales in the I-LI Light Impact Industrial District.
(1)
In the I-LI Light Industrial District up to 20% of the gross floor area of a manufacturing establishment, a warehouse or a wholesale trade or storage establishment may be utilized for the sale of products manufactured, converted, altered, finished, assembled, stored or otherwise handled on the premises.
(2)
Off-street parking of one space per 100 square feet of floor area devoted to sales shall be provided.
§ 585-12 Conditional uses.
[Amended 7-20-2021 by Ord. No. 2021-18; 4-15-2025 by Ord. No. 2025-03]
A.
Application procedure for conditional uses.
(1)
The Planning Board shall have the power to grant or deny all applications for conditional use as set forth in § 585-9, District use regulations.
(2)
The procedure for application and review shall be the same as for site plan approval as set forth in § 585-17 of this chapter, and the same standards shall apply.
(3)
Hearings shall be held and notice thereof given pursuant to the same regulations as set forth in § 585-18C of this chapter.
(4)
The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by an applicant to the Building Official or within such further time as may be consented to by the applicant.
(a)
The review by the Planning Board of a conditional use shall include any required site plan review. The time period for action by the Planning Board on conditional uses shall apply to such site plan review. Failure of the Planning Bard to act within the period prescribed shall constitute approval of the application, and a certificate of the Building Official as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
(b)
Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
B.
Conditional uses.
(1)
Home occupations.
(a)
The home occupation shall be consistent with the definition set forth in Article II, Terminology, of this chapter.
(b)
The home occupation shall be carried on only by a member of the housekeeping unit residing on the premises.
(c)
There shall be no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling, except that a one-square-foot nameplate may be affixed to the front of the residence.
(d)
Not more than one person, other than a member of the family residing on the premises, shall be employed.
(e)
No mechanical equipment shall be used other than those which are customary for purely domestic and household purposes or in connection with a permitted professional office.
(2)
Home professional offices.
(a)
The professional office or studio shall be a part of the residential structure and not located in a separate or accessory building.
(b)
Such office shall not constitute more than 30% of the gross floor area of the habitable structure.
(c)
In a low-rise or medium-rise apartment, such professional offices shall not be located above the second floor, nor shall such professional office be located on a floor which includes residential apartment units.
(d)
In a single- or two-family residential dwelling unit, such office shall be for the exclusive use of a professional(s) who permanently resides on the premises.
(e)
In a single- or two-family residential dwelling, such office shall not employ more than three additional employees, none of whom shall be professional.
(f)
In total, there shall be one paved on-site parking space for the professional, and one for each of the employees, plus three parking spaces for clients or visitors. All spaces shall be at least nine feet wide and 18 feet long.
(g)
There shall be no display of advertising except for one nameplate, which shall not exceed four square feet in size per professional office.
(3)
Child-care centers or nursery schools.
(a)
The area, yard and building requirements for child-care centers or nursery schools shall be the same as those required for single-family residential uses in the district.
(b)
A play area equal to 25 square feet per student shall be provided, but in no case may such an area be less than 250 square feet. Such a play area shall be located to the rear of the principal building on the lot and shall be screened from adjacent residential properties by means of a fence at least four feet high.
(c)
One parking space shall be provided for every two employees, and no more than two such spaces shall be located in the driveway.
(d)
Such a child-care center or nursery school shall meet the licensing requirements of New Jersey's Department of Human Services, pursuant to P.L. 1983 c. 492 (N.J.S.A. 30:5B-1 et seq.).
(e)
One freestanding sign no more than six square feet in size and no more than four feet high shall be permitted. Such sign shall be set back at least 10 feet from the front and side lot lines.
(4)
Automobile service stations.
(a)
No building used as an automobile service station shall be constructed within 50 feet of the property line upon which said building fronts and shall have a minimum setback from the side and rear lot lines of said property to the foundation wall of not less than 15 feet. No gasoline pump or any other unenclosed facility shall be located within 35 feet of a property line.
(b)
All curb cuts shall be 12 feet in width if for one-way traffic and 24 feet in width if two-way. There shall not be more than one curb cut for two-way use nor two curb cuts for one-way for every 100 feet of lot frontage or fraction thereof.
(c)
No automobile service station shall be located within 500 feet of any property upon which there is a church, school, hospital, institution, theater or public facility, nor within 300 feet of a residential dwelling unit, nor shall an automobile service station be within a distance of 500 feet of another automobile service station, and the aforesaid distances shall be measured on a straight line from the outer boundary line(s) between such properties.
(d)
The minimum street frontage shall be 100 feet.
(e)
All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within an enclosed building. Gasoline filling pumps and air pumps shall be permitted within the required front yard, but shall be no closer than 25 feet to any street or lot line. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.
(f)
No junked motor vehicle or part thereof or motor vehicles incapable of normal operation upon the highway shall be permitted on the premises of any service station. No more than three motor vehicles incapable of operation shall be located at any one time upon any premises not within an enclosed building, except that no more than six motor vehicles may be located upon the premises outside of a building for a period of time not to exceed five days, and providing that the owners of said motor vehicles are awaiting their repair or disposition.
(g)
Landscaping shall be provided in the front yard area equal to at least 10% of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area.
(h)
The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale or rent shall not be permitted as part of a service station. No parking for a fee or car wash operation shall be permitted.
(i)
Automobile service stations shall provide six off-street parking spaces for the first lift, wheel alignment pit or similar work area and an additional three parking spaces for each additional work area. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities.
(5)
Automobile washes.
(a)
All mechanical activities must be conducted within a fully enclosed building.
(b)
Drainage from inside the building(s) shall feed into a sewer sanitary system. No dry well or septic tank shall be permitted in connection with said drainage.
(c)
The use shall not include a self-service or coin-operated automobile wash in any form.
(d)
At least 10 stacking or queuing spaces shall be provided of at least 20 feet in length per space for each stacking line.
(e)
The entrance to and exit from the automobile wash facility shall be set back at least 40 feet from the street line.
(f)
Off-street parking of 10 spaces per washing lane shall be provided.
(6)
Video or amusement arcades.
(a)
No video or amusement arcade shall be located within 500 feet of any school buildings, school playgrounds, places of worship or residence.
(b)
Such an establishment shall not be located within 300 feet of another such establishment.
(c)
Off-street parking at a ratio of one space per 100 square feet of gross floor area shall be provided.
(d)
Persons below the age of 15 years of age shall be accompanied by a parent. No person below school age shall be permitted during school hours.
(e)
At least one attendant shall be present on the premises during operating hours.
(7)
Bars and taverns.
(a)
Bars and taverns shall not be located within 300 feet of a place of worship, school, public facility, residential dwelling unit or from another such bar or tavern, which distance shall be measured in a straight line from the outer boundary lines between such properties.
(b)
Such use shall conform to all the bulk, area and yard requirements of the district in which it is located.
(c)
Off-street parking of one space per two seats shall be provided.
(8)
Adult uses.
(a)
Adult uses shall not be located within 1,000 feet of a place of worship, school, public facility, or residential dwelling unit, or 500 feet from another such adult use, which distance shall be measured in a straight line from the outer boundary lines between such properties.
(b)
Such use shall conform to all of the area, yard and building requirements of the district in which it is located.
(c)
Off-street parking of one space per three seats shall be provided.
(9)
Billboards.
(a)
No structure for a billboard shall be closer than 25 feet to any front lot line or 15 feet to any side lot line.
(b)
No more than one billboard shall be permitted on any one tax lot. Double-faced billboards visible from opposite directions but built on a common frame or monopole shall be considered one billboard for purposes of the subsection.
(c)
No such billboard shall be closer than 200 feet from any residential zone.
(d)
The billboard, when constructed, will comply with all other provisions of this chapter, including provisions of § 585-16A(2).
(e)
No billboard shall have less than four feet of clear space between the bottom of the sign and the ground.
(f)
No billboard shall be erected within 1,000 feet of a school, hospital, church, municipal or governmental building or structure used for public purposes.
(g)
No billboard shall be constructed within 500 feet of an existing billboard.
(h)
All billboards shall be in compliance with N.J.S.A. 27:5-5 et seq., the Roadside Sign Control and Outdoor Advertising Act, P.L. 1991, c. 413, as may be amended from time to time.
(i)
Application for approval of a billboard.
[1]
An applicant for a billboard permit shall make application to the Planning Board if the proposal meets all the conditions set forth above for the approval of a conditional use in this subsection above and if the application is within an I-LI Zone. If an application does not meet all the conditions for approval as set forth in the subsection above, or if the application is in a zone other than I-LI, then such application must be made to the Zoning Board of Adjustment for a use variance and is subject to submission of the proofs necessary for such type variance.
[2]
All applications for billboards shall include the following information:
[a]
Map. A key map of the site with reference to the surrounding areas and existing street positions and specifically the location sought to be utilized for the billboard.
[b]
Owner of record. The name(s) and address(es) of the owner of record shall be noted on the plan, together with the lot and block number for which application is sought as indicated by the most recent tax records.
[c]
Property lines, contiguous lots. The bearings and distances of property lines for the lot in question shall be shown in order to comply with specific limitations herein.
[d]
Setbacks. Construction setbacks shall be demonstrated on the plan.
[e]
Existing physical features. Physical features within the lot shall be designated on the plan, such as streams, trees, and structures.
[f]
Topographic data. Topography showing existing and proposed contours at no less than five-foot intervals for slopes averaging 10% or greater and two-foot intervals for land of lesser slope. A reference bench mark shall be clearly designated. Contours need not be extended beyond property lines.
[g]
Design details for improvement. Cross sections, design details and dimensions for improvements shall be shown on the plan.
[h]
Utilities. Location and design of the existing and/or proposed utilities shall be included in the plan.
[i]
Lighting details. Lighting details indicating type of standard, location, radius and pattern of light, intensity and footcandles shall be shown.
[j]
Architectural sketches. Architectural prospective sketches of the proposed construction shall be included in the application.
[k]
Rights-of-way; easements. The means by which access to the sign is located shall be demonstrated on the application plan.
[l]
In addition, the following legend shall be located on the plan and included in the application, to be signed by the owner of the property before submission of the plan: "I consent to the filing of the billboard plan with the Borough of Lodi."
(10)
Methadone clinics.
(a)
Where permitted. Methadone clinics shall be a permitted use within the Borough's I-LI Light Impact Industrial Zone located along New Jersey Highway 17 South, expressly limited to the following properties: Block 184.01, Lots 2 and 3; Block 177.02, Lots 2.01, 2.02, 2.03 and 2.05; Block 224, Lots 3 and 3.06, provided that no methadone clinic may be located within 1,000 feet of a residential zone, a public or private school, any type of child-care facility or day-care center, a public park, a church or other place of worship, or a public housing facility. Further, no such clinic may be located within 500 feet of another such facility. However, if there is a divided highway separating the restricted zone from the subject property, then the distance restriction shall not apply.
(c)
Alternative treatment centers and authorized recreational marijuana retail facilities, both also known as cannabis retailers, as conditional uses in the Permitted Methadone Clinic Zone and the Commercial Retail District (C-NR) north of Interstate 80 (I-80) which shall only include Essex Street as defined hereinabove as further restricted as follows:
[1]
Restrictions.
[a]
A facility may operate as both an alternative treatment center and an authorized recreational marijuana retail facility, also known as a cannabis retailer, so long as all conditional use requirements continue to be satisfied.
[b]
No certificate of occupancy or other business license for an alternative treatment center or an authorized recreational marijuana retail facility, also known as a cannabis retailer, to operate within the Borough of Lodi shall be granted or renewed without such evidence as may be required by the Borough Clerk's office to determine that the operator maintains all valid state and/or Departmental licenses and approvals, and that all such licenses and/or approvals remain in good standing.
[c]
No alternative treatment center or authorized recreational marijuana retail facility, also known as a cannabis retailer, shall be located within 1,000 feet of any property used for school purposes or which is owned or leased to any elementary school, secondary school, or school board.
[d]
No alternative treatment center or authorized recreational marijuana retail facility, also known as a cannabis retailer, shall be located within 200 feet of any exclusively single-family residential dwelling in the Borough of Lodi, as measured door-to-door from the cannabis retailer to the residential dwelling.
[e]
No alternative treatment center or authorized recreational marijuana retail facility, also known as a cannabis retailer, shall be located within 2,000 feet of another alternative treatment center or authorized recreational marijuana retail facility, as measured door-to-door from each cannabis retailer.
[f]
Site plan approval and conditional use approval by the Planning Board or Zoning Board of Adjustment shall be required, with notice of any public hearing provided in accordance with N.J.S.A. 40:55D-12.
[g]
An alternative treatment center or authorized recreational marijuana retail facility, also known as a cannabis retailer, shall be so located and of such size and character that, in general, it shall be in harmony with the existing development in the surrounding area in which it is proposed to be situated, and the use shall not produce any nuisance characteristics, including, but not limited to, noise, vibration, dust, odor, or unsanitary conditions.
[h]
Permitted hours of operation shall be between 9:00 a.m. and 9:00 p.m.
[i]
On-premises use or consumption of cannabis or cannabis products in any manner shall be strictly prohibited within the alternative treatment center, or authorized recreational marijuana retail facility, also known as a cannabis retailer, whether in the building structures or on its grounds or parking lots.
[j]
Parking requirements for alternative treatment centers and authorized recreational marijuana retail facilities, also known as cannabis retailers, shall be governed by the requirements for retail and service stores.
[2]
An existing alternative treatment center may obtain a certificate of occupancy to also operate as an authorized recreational marijuana retail facility, both also known as cannabis retailers, without further approval by the Planning Board, provided the operator demonstrates to the Building Department that all conditional use requirements continue to be satisfied.
[3]
Except as set forth above, the cultivation, growing, manufacture, preparation, processing, packaging, warehousing, distribution and/or sale or resale of cannabis and medical cannabis and/or the paraphernalia that facilitates the use thereof by a business or nonprofit entity for recreational use or medical use is strictly prohibited in all zones established in the Borough of Lodi. This prohibition includes businesses operated under cannabis cultivator, cannabis wholesaler, cannabis distributor and cannabis delivery licenses as defined by the Act; provided, however, that a cannabis delivery establishment operating in another municipality may deliver cannabis or medical cannabis to retail customers or patients within the Borough of Lodi.
[4]
Fines or punishment: Any person or entity engaging in the unauthorized cultivation, manufacture, processing, warehousing, distribution and/or sale of cannabis and medical cannabis and/or the paraphernalia that facilitates the use thereof in violation of the provisions of this subsection shall be subject to the following fines or punishment. Each occurrence that a violation exists shall be deemed a separate violation:
[a]
Upon conviction of a first offense, a fine not exceeding $500;
[b]
Upon conviction of a second offense, a fine not exceeding $1,000;
[c]
Upon conviction of a third offense, a fine not exceeding $1,500;
[d]
Upon conviction of a fourth offense, a fine not exceeding $2,000 and/or a term of imprisonment for period not to exceed 90 days and/or a term of community service not to exceed 90 days.
§ 585-13 Telecommunications towers and antennas.
A.
Purpose. The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this chapter are to:
(1)
Any applicant must first determine if such a tower or antenna could be installed on Borough property.
(2)
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(3)
Encourage the location of towers in nonresidential areas;
(4)
Minimize the total number of towers throughout the community;
(5)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(6)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(7)
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;
(8)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;
(9)
Consider the public health and safety of communication towers; and
(10)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Borough of Lodi shall give due consideration to the Borough's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
B. ALTERNATIVE TOWER STRUCTURE ANTENNA BACKHAUL NETWORK FAA FCC HEIGHT PREEXISTING TOWERS AND PREEXISTING ANTENNAS TOWER
Definitions. As used in this section, the following terms shall have the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
C.
Applicability.
(2)
Amateur radio station operators/receive-only antennas. This chapter shall not govern any tower or the installation of any antenna that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(4)
AM array. For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
D.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(2)
Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(3)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Construction Official an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Borough of Lodi or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Construction Official may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of Borough of Lodi; provided, however, that the Construction Official is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be pained a neutral color so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(6)
State of federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(7)
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Borough of Lodi concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(8)
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough of Lodi irrespective of municipal and county jurisdictional boundaries.
(9)
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
(10)
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in Borough of Lodi have been obtained and shall file a copy of all required franchises with the Construction Official.
(11)
Public notice. For purposes of this chapter, any conditional use request, variance request, or appeal of an administratively approved use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection G(1)(d), in addition to any notice otherwise required by this chapter or the statutes of the State of New Jersey.
(12)
Signs. No signs shall be allowed on an antenna or tower.
E.
Permitted uses.
(1)
General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit.
F.
Administratively approved uses.
(1)
General. Applications for towers and antennas may be administratively approved by the Construction Official, subject to compliance with Subsection D above entitled "General requirements," the provisions of which shall be applicable, provided the location is within an I-LI Light Impact Industrial Zone, as follows:
(a)
Locating antennas on existing structures or towers consistent with the terms of Subsection F(1)(a)[1] and [2] below.
[1]
Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Construction Official as an accessory use to any commercial, industrial, professional, institutional, or multifamily structure of eight or more dwelling units within the I-LI Light Impact Industrial District as established in § 585-9J of this chapter, provided:
[a]
The antenna does not extend more than 30 feet above the highest point of the structure;
[b]
The antenna complies with all applicable FCC and FAA regulations; and
[c]
The antenna complies with applicable building codes and all separation distances as referred to in this chapter;
[d]
There are no other antennas on the structure or on another structure within 100 feet of the structure.
[2]
Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Construction Official and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:
[a]
A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless the Construction Official allows reconstruction as a monopole.
[c]
On-site location.
[i]
A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on site within 50 feet of its existing location.
[ii]
After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.
[iii]
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to this chapter. The relocation of a tower hereunder shall in no way be deemed to cause a violation of the separation requirements of this chapter referable to separation of towers.
[iv]
A relocated on-site tower which comes within 500 feet of a church, school, hospital, institution, public facility or residence may not be administratively approved by the Construction Official.
[d]
As a condition of approval of an antenna on an existing tower, applicant must supply proof of compliance with the site plan which was approved with the original installation of the tower. In the absence of such proof, applicant must obtain site plan approval for the new antenna.
[e]
Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
G.
Cellular towers or antennas permitted as a conditional use in any I-LI (Light Impact Industrial Zone).
(1)
Cellular towers and antennas are hereby determined to be a conditionally permitted use in any I-LI (Light Industrial Impact Zone) in the Borough of Lodi, provided that the proposed use complies with the following conditions. The Planning Board shall have the jurisdiction to determine whether the proposed use complies with said conditions.
(a)
The proposed use is within the I-LI Zone.
(b)
No tower may exceed the height of 200 feet.
(c)
Towers must be set back from roadways or adjoining lots a distance equal to 125% of the height of the tower.
(d)
Towers must not be 500 feet of any property on which a church, school, hospital, institution, theater, public facility or residence (including multifamily residences) is located.
(e)
The proposed tower must not be within 1,000 feet of an existing tower.
(2)
Cellular tower applicants, other than those which may receive administrative approval pursuant to Subsection F herein, must also receive site plan approval for any tower or antenna. Pursuant to N.J.S.A. 40:55D-67(b), simultaneously with the application for a conditional use, the applicant shall file for site plan approval with the appropriate municipal agency. If the application complies with Subsections A through F above, simultaneous site plan application shall be made to the Planning Board. If the application does not comply with all of said conditions, then applicant must apply to the Zoning Board of Adjustment for approval of any variance from any of said conditions as well as simultaneously applying for site plan approval with said Board.
(a)
General. The following provisions shall govern the issuance of site plan approval for towers or antennas by the Planning Board or the Zoning Board of Adjustment, whichever may be appropriate:
[1]
In approving a site plan for a conditionally permitted tower, the Board may impose additional reasonable conditions to the extent the Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
[2]
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
[3]
An applicant for approval of a site plan shall submit the information described in the section and nonrefundable fee as established by resolution of the Mayor and Council to reimburse the Borough of Lodi for the costs of reviewing the application. In addition, the applicant shall deposit with the municipality an escrow amount pursuant to New Jersey statue to reimburse the municipality for expenses, including legal, engineering and other professional expenses, which may be incurred by the municipality in reviewing the application.
(b)
Towers. A site plan application under this section shall include the following:
[1]
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection G(2)(b)[1][c], adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings, of the proposed tower and any other structures, topography, parking, and other information deemed by the Construction Official to be necessary to assess compliance with this chapter.
[2]
Legal description of the parent tract and leased parcel (if applicable).
[3]
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties and between the proposed tower and any church, school, hospital, institution, theater, or public facility within 500 feet.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[5]
A landscape plan showing specific landscape materials.
[6]
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
[8]
A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.
[9]
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
[10]
A description of the feasible location(s) of future towers or antennas within the Borough of Lodi based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(3)
Factors considered in approving site plans for conditional use permits for towers. The Board shall consider the following factors in approving a site plan for a conditional use permit for cellular towers or antennas, although the Board may waive or reduce the burden on the applicant of one or more of these criteria if the Board concludes that the goals of this chapter are better served thereby. These factors are set forth for purposes of alerting all interested parties as to the character and nature of the Board's considerations.
(a)
Height of the proposed tower;
(b)
Proximity of the tower to residential structures and residential district boundaries as well as other uses described in Subsection G(1)(d);
(c)
Nature of uses on adjacent and nearby properties;
(d)
Surrounding topography;
(e)
Surrounding tree coverage and foliage;
(f)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and
(g)
Proposed ingress and egress.
(4)
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Board may waive or reduce such requirements as it deems appropriate.
(5)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the Board may modify such requirements if the goals of this chapter would be better served thereby.
(a)
Tower facilities shall be landscaped with a buffer of plant materials, as approved by the Board, that effectively screens the view of the tower compound from adjoining properties. The standard buffer shall consist of a landscaped strip at least six feet wide outside the perimeter of the compound.
(b)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived within the sole discretion of the Board.
(c)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(d)
All landscaping and buffer areas as approved by the Board shall be maintained by the owner/operator at all times during the duration of the use of the approved tower or facility, failing which, the use permit granted, after 30 days' written notice from the Borough to the owner/operator, shall be revoked unless the owner/operator shall correct the deficiencies within said period. The provisions of this subsection shall be applicable whether or not expressed in any approving resolution of the Board.
H.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(a)
The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more than 15 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 100 square feet of gross floor area or 15 feet in height, shall be located on the ground and shall not be located on the roof of the structure.
(b)
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 20% of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
(2)
Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(a)
In I-LI Light Impact Industrial District, as established in § 585-9J of this chapter, the equipment cabinet or structure shall be no greater than six feet in height or nine square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all adjoining properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(3)
Antennas located on towers. The related unmanned equipment structure shall not contain more than 100 square feet of gross floor area or be more than 15 feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
I.
Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Lodi notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. As a condition of the issuance of any administrative approval by the Construction Official or any conditional use permit by the Planning Board or Zoning Board of Adjustment, the applicant shall be required to post with the Borough of Lodi a performance bond sufficient to reimburse the Borough the costs of removal of any abandoned tower and associated equipment. The bond shall be in an amount as reasonably determined by the Borough Engineer and in form satisfactory to the Borough.
J.
Nonconforming uses.
(1)
Not deemed expansion of nonconforming use. Towers that are constructed and antennas that are installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
(2)
Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding Subsection I, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a conditional use permit and without having to meet the separation requirements specified in Subsection G(1)(e). The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection I.
§ 585-13.1 Satellite earth stations.
A.
Administration. The provisions of the section shall be administered by the Zoning Official of the Borough of Lodi.
B.
Submission of plan required; review and decision.
(1)
Any property owner or person or entity in possession of property shall submit to the Zoning Official, prior to the placement of a satellite earth station, a plan showing the size of the satellite earth station, the proposed location of the same on the subject premises and such other information as may be required herein.
(2)
The Zoning Official shall review said plan and render a decision within 10 business days of the submission of said plan or within such further time as may be consented to by the property owner or person in possession of property.
C.
Contents of plan. The plan shall be drawn on a map to a scale not smaller than one inch equals 40 feet and not larger than one inch equals 10 feet and shall include and show the following information:
(1)
The name and address of the applicant and the owner and the name, address and the title of the person or entity preparing the plan and accompanying data, the date of preparation and the dates of each revision, where applicable.
(2)
An appropriate place for the signature of the Zoning Official.
(3)
The lot(s) and block number of the lot(s) from the Borough Tax Map and the length and bearings of the lot lines of the proposed project.
(4)
The location, names and pavement and right-of-way width of all existing and proposed streets abutting the lot or lots in question, the property lines of all abutting properties, together with the names and addresses as disclosed on the Borough Tax Map and the tax rolls as of the date of the application, and the location of existing buildings within 200 feet of the site in question.
(5)
All existing buildings and structures and all accessory buildings and structures on the lot, if any, with dimensions showing present and finished grade elevations at all corners.
(6)
All existing and proposed setback dimensions and landscape areas.
(7)
Existing and proposed plantings to provide screening as required by this section.
(8)
Any and all other information necessary to meet any of the requirements of this section not listed above.
D.
Design standards.
(1)
The diameter of satellite earth station antennas (parabolic dishes) shall not be greater than 13 feet 1 1/2 inches.
(2)
The maximum height of antennas and mounting structures, measured vertically from the highest point of the antennas when positioned for operation, shall not be greater than 14 feet above the ground.
(3)
In residential zones, satellite earth stations shall only be installed on ground level.
(4)
No ground level satellite earth station shall be closer at any point than 13 feet to any side property line and no closer at any point than 20 feet to any rear property line.
(5)
Ground level satellite earth stations shall be located in the rear yard only.
(6)
Satellite earth stations that are installed other than in residential zones shall be so installed as to not exceed the district height limitation, and any such installation shall be completed with appropriate architectural screening.
(7)
Every satellite earth station shall be effectively screened by a special planting screen or fence (in accordance with § 585-11D, Fences and walls), as approved by the Zoning Official, which shall be maintained in good condition so that said satellite earth station shall not be readily visible from ground level of any adjacent property or public street.
(8)
Power control and signal cables from or to the satellite earth station shall be underground and installed in accordance with the appropriate building code, if any.
E.
Deposit. The Zoning Official may, in his discretion, require the deposit of a sum not to exceed $2,000 to cover the cost of review services deemed necessary by the Zoning Official, such as the Borough Engineer, Borough Attorney or other Borough personnel. The Treasurer shall place the deposit in a trust account and shall charge all disbursements for said review services. Any unused portion of the deposit shall be returned to the applicant. If the cost of review services exceeds the amount of deposit, sufficient additional funds shall be deposited before any permit shall be issued.
§ 585-14 Off-street parking and loading requirements.
A.
Off-street parking ratios. Off-street parking shall be provided as set forth in the following table. "GFA" denotes gross floor area and "GLA" denotes gross leasable area, as defined in § 585-2 of this chapter.
Use | Minimum Number of Parking Spaces |
|---|---|
1- and 2-family dwellings | 2 per dwelling unit |
Multiple-family dwellings | 1 bedroom 1.8; 2 bedrooms 2.0 3 bedrooms 2.1 |
Schools, universities, colleges and community colleges | 10, plus 3 per instructional or classroom space |
Places of worship | 1 per 4 seats |
Public facilities, civic and philanthropic uses and places of assembly | 1 per 4 seats or for every 4 persons who may legally be admitted |
Hospitals and nursing homes | 1 per 4 beds plus 1 per every 2 employees and staff on maximum shift |
Vocational and technical schools | 1 per employee plus 1 per 3 class seats |
Hotels and motels | 1 per sleeping or dwelling unit plus 1 per employee at maximum shift |
Retail and service stores, except as otherwise provided | 1 per 250 square feet of GFA plus 1 per 2 employees |
Barbershops, beauty shops and similar establishments | 2 per barber or beauty chair plus 1 per employee |
Laundromats | 1 per 2 washing machines |
Retail furniture and appliance | 1 per 400 square feet of GLA |
Eating and drinking establishments and restaurants | 1 per 3 seats |
Bars and taverns | 1 per 2 seats |
Shopping centers of under 400,000 square feet GLA | 1 per 250 square feet of GLA |
Shopping centers of over 400,000 square feet GLA | 1 per 225 square feet of GLA |
Funeral parlors and mortuaries | 1 per 50 square feet, excluding storage, embalming, or office space |
Motor vehicle sales and service | 1 per 200 square feet of GFA plus 1 per employee |
Bowling alleys | 5 per alley |
Theater or movie theater | 1 per 3 seats |
Theater or movie theater in a shopping center | 1 per 4 seats |
General and business office banks | 1 per 300 square feet of GFA; a minimum of 2 per office |
Professional offices | 1 per 250 square feet of GFA plus 1 per employee |
Medical and dental offices | 1 per 200 square feet of GFA plus 1 per employee |
Manufacturing establishments | 1 per 800 square feet of GFA |
Research and development, warehouse and distribution | 1 per 1,000 square feet of GFA |
Storage, bus and truck depots | 1 per 5,000 square feet of GFA and outdoor storage area |
Automobile or truck repair or service | 4 per service bay or work area |
Automobile supply stores | 1 per 250 square feet of GFA plus 2 per service bay |
Animal hospital | 1 per 150 square feet of GFA |
Other | As per Borough of Lodi Planning Board |
B.
Off-street parking requirements. Public or private parking facilities (parking lots or structures) shall be permitted, subject to the following requirements.
(1)
The design of such facilities, including their means of access and egress, shall be to minimize the impact of this use of land and its accompanying vehicular movement on adjoining uses of land and on the streets serving the facility to ensure the safety of pedestrians and motorists.
(2)
The location and design of entrances and exits shall be in accord with the requirements of applicable Borough of Lodi traffic regulations and standards. Landscaping, curbing or approved barriers shall be provided along parking lot boundaries to control entrance and exit of vehicles or pedestrians.
(3)
Interior circulation aisles shall be at least 24 feet wide, except when designed for one-way use and not adjacent to any parking space, in which case they shall be at least 18 feet wide.
(4)
Surface parking facilities shall be paved with an all-weather dustless surface (e.g., asphalt or concrete) and shall have such drainage facilities as the Borough Engineer shall deem adequate.
(5)
All off-street parking facilities shall be maintained in a clean, orderly condition at the expense of the owner or lessee and shall not be used for the sale, repair, servicing, or dismantling of any vehicles, equipment, materials or supplies.
(6)
Parking spaces shall be identified by painted individual spaces available to the user of the facility and shall be a minimum of nine feet wide by 18 feet long, except for handicapped spaces, which shall be 12 feet wide by 18 feet deep. If provided in pairs, two handicapped spaces shall be eight feet wide by 18 feet long, separated by an eight-foot-wide by eighteen-foot-long hatched access area.
(8)
Adequate lighting shall be provided and so installed in accordance with the requirements of the Borough of Lodi as to minimize glare on property in any adjoining residential district.
(9)
When a parking lot adjoins a residential district there shall be provided along the lot line a continuous screen with a minimum height of six feet, consisting of compact evergreen plantings, foliage screening or wall, or fence of materials permitted by this chapter or other codes of the Borough of Lodi.
(10)
In the R-1 Single-Family Residential and R-2 Single- and Two-Family Residential Districts, no commercial vehicles weighing more than 3/4 ton shall be stored overnight on the lot or in the driveway.
(11)
Regulations for parking of boats, trailers and boat trailers.
(a) BOAT CAMPER RECREATIONAL VEHICLE TRAILER
The following definitions shall apply to this section:
A small, open vessel or watercraft commonly known as a "motorboat," a "sailboat" or a "rowboat."
A vehicle, such as a small trailer or pop-up vehicle, or a trailer-like room attached to the bed of a car or pickup truck fitted out for camping with bunks, stoves and other facilities.
A vehicle which is built on a single chassis, has 400 square feet or less when measured at the longest horizontal projections, is designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
A vehicle which is used or intended for use as conveyance upon the public streets or highways with or without motor power, designed for carrying persons or property and for being drawn by a motor vehicle and having no foundation other than wheels, jacks or other mechanism so arranged to be integral with or portable. It is the intent of the definition to apply to those vehicles involved in recreational uses.
(b)
No camper, recreational vehicle, boat, trailer or boat trailer, referred to herein as "vehicles," may be parked or stored within the Borough of Lodi if the total length of the vehicle, which in the case of a boat includes the trailer upon which it rests, exceeds 28 feet in length and/or 12 feet in height.
(c)
No person shall park or store any camper, recreational vehicle, boat, trailer or boat trailer on any lot or tract of land, whether occupied or unoccupied, except that the camper, recreational vehicle, boat or boat trailer may be parked or stored by the owner or occupant thereof behind their dwelling, in the rear yard of the premises, provided that the camper, recreational vehicle, boat, trailer or boat trailer may not be stored in any area of the premises in front of the rear building line of the dwelling. The storage of any camper, recreational vehicle, boat, trailer or boat trailer shall comply with the provisions of this chapter which require a side yard of five feet and a rear yard of 10 feet. Should such vehicle be visible from the street, it shall be necessary for the owner or occupant to provide screening to prevent visual observation of the vehicle from the street.
(d)
Storage or repairs.
[1]
A trailer may be temporarily parked or stored in the open in connection with:
[a]
A public health program sponsored by the Borough of Lodi Board of Health or other public health agency;
[b]
A program sponsored by any public board or agency of the Borough of Lodi or Board of Education;
[c]
A public or private construction project;
[d]
A carnival or other affair or function authorized by the governing body.
[2]
A camper, recreational vehicle, boat, trailer or boat trailer may be parked in the driveway for a period not to exceed 24 hours for purposes of loading, unloading, for emergency purposes or for repairs upon notification of the Police Department. The owner or occupant shall be allowed two twenty-four-hour periods for every 30 days.
(e)
Screening or enclosures. Campers, recreational vehicles, boats or trailers shall be either parked in an enclosed garage or, if in the rear yard or side yard where the vehicle is subject to view from the street, then screening shall not be less than six feet in height and shall consist of either a trellis, latticework, decorative block, basket weave fencing, open artistic block, shrubbery or other similar material approved by the Zoning Officer. The size of the screening area shall be limited to the size of the vehicle to be screened.
(f)
Restrictions.
[1]
Not more than one camper, recreational vehicle, boat or trailer may be parked or stored on any premise used for residential purposes.
[2]
No camper, recreational vehicle, boat or trailer parked or stored upon any premises used for residential purposes shall be used for any type of commercial or business use.
[3]
No camper, recreational vehicle, boat or trailer parked shall be occupied or used for human habitation while parked or stored within the Borough.
[4]
No camper, recreational vehicle, boat or trailer parked or stored within the Borough shall have fixed connectors to electricity, water, gas or sanitary sewer system.
[5]
No camper, recreational vehicle, boat or trailer will be allowed to be parked within the Borough on any premises unless the vehicle is owned by the resident owner of the premises or a lawful tenant in the premises upon which it is parked.
[6]
In emergency situations, where a residence becomes inhabitable, the Zoning Official shall have the authority to waive the requirements of this section with the approval of the governing body.
[7]
Should the premises on which the owner or occupant wish to park a boat, trailer or recreational vehicle be a corner lot, then the front yard shall be considered the street on which the front entrance to the premises is located. In such case, the vehicle must be located in an area not visible to either street or, if visible, it shall be covered with appropriate screening.
(g)
Penalties. Any person violating the terms of this section shall be subject to a minimum fine of $250 and up to $500 for the first offense and a minimum fine in the amount of $500 and up to $2,000 for any subsequent violations. This section will be enforced by the Zoning Officer or his/her designee.
(12)
For lots which contain a mix of different uses, as defined in this chapter, the total number of off-street parking spaces provided shall be the sum of the off-street parking spaces required for each use. However, to the extent that in a mixed-use development with a shared parking facility where the peak demand for parking for one use does not coincide with the peak demand for another use or uses sharing that parking, the Planning Board shall have the discretion to lower the required amount of parking, provided the applicant submits credible evidence that sufficient parking has been provided to serve the entire development during its peak parking demand.
(13)
Driveways/curb cuts in R1 Single-Family Residential and R-2 Single- and Two-Family Residential Districts:
(a)
Each lot can have only one curb cut, maximum width sixteen feet, unless the curb cuts are 40 feet apart, measured along the property line along said street.
(b)
Maximum pitch for residential driveways shall be no more than 6%.
(c)
Two-car garages within a two-family residential dwelling must have separate garage doors with a fire wall partition dividing the two garages.
C.
Off-street loading requirements. All commercial and industrial uses, excluding professional offices, medical and dental offices and banks, shall provide loading spaces as follows: one space for the first 20,000 square feet of gross floor area; one additional space for every 20,000 square feet of gross floor area thereafter up to 100,000 square feet in total; and one space for each 50,000 square feet thereafter. An off-street loading space shall be 12 feet wide, 30 feet in length, with a clear headroom of at least 14 feet. All loading areas shall be located in the rear or side yard and shall be fully screened from a public right-of-way.
§ 585-15 Nonresidential use performance standards.
A.
Applicability. The following technical standards are intended to further define the types of nonresidential activities permitted and to create minimum standards which must be met for any and all nonresidential uses within the Borough. To the extent that the standards contained herein are less stringent than any standards promulgate by statute, rule or directive of the federal, state or county governments or agencies thereof or by other ordinances of the Borough of Lodi, then, and in that event, the more stringent standard shall be complied with. In other instances, the standards set forth hereinafter shall be binding. The standards contained hereinafter are minimum ones and shall be applied to ensure initial and continuing compliance by developers of new nonresidential construction and shall be applicable to portions of any existing use which are to be either extended or enlarged. These standards are also applicable to existing nonresidential uses not applying for extension or enlargement and changes in tenancy where it is determined that failure to comply may adversely affect the health and safety of the public.
B.
Air pollution. Users shall be bound by standards contained and enumerated in the New Jersey Administrative Code, Title 7, Chapter 27, as it may be amended from time to time or as it may be succeeded.
C.
Glare.
(1)
From structures. Light from enclosed structures shall be shielded or directed in such a way that glare is not visible at any point on any boundary line between a residential and nonresidential district or at or beyond any point on any property line or street line within a nonresidential district.
(2)
Area lighting. Area lighting, including that used for production activities and protective purposes, driveways, loading and unloading and parking, shall be located so that glare will not become a nuisance to adjoining properties, adjoining districts or to any adjoining public right-of-way. All permitted lighting shall be arranged so as to be directed upon the property from which the light originates so as to not objectionably illuminate any contiguous property without the express written consent of the owners of such property and without the consent of the appropriate municipal board.
(3)
Illumination of production activities shall be buffered so that glare will not become a nuisance to adjoining properties.
(4)
Advertising lighting. The intent of this subsection is to ensure lighting decoration done in a tasteful manner which will not detract from peaceful enjoyment of surrounding areas. Advertising lighting, including all lighting which is used for directing attention, shall be permitted where the source of illumination shines directly toward the sign without producing glare or shining directly toward a building, cluster of shrubs, fountain or other point of interest, nor toward any point off the property. No lighting of intermittent intensity or flashing lights will be permitted. No lighting will be permitted which is directed skyward solely for the purpose of advertising or drawing the attention of the public.
D.
Heat. Any operation producing excessive heat shall be performed within an entirely enclosed structure and in such a manner as not to be perceptible at or beyond any property line or boundary of any public right-of-way. Further, no process shall be permitted which would cause temperatures to rise in any bodies of water, including ponds, streams, lakes or in groundwater, unless the applicant shall prove to the Planning Board clearly and convincingly that such increase will have no deleterious effect on the ambient environment.
E.
Atomic and electronic radiation. Any use involving radiation or radioactive substances shall be permitted only in accordance with Chapter 28 of the New Jersey Administrative Code establishing the Bureau of Radiation Protection. No radioactive material shall be discharged in the atmosphere, the sanitary sewer system, streams, groundwater, water supply or surface water unless the same complies with all federal, state, county and municipal statutes, rules or regulations. No radioactive material shall be buried or disposed of on the premises.
F.
Effluent and waste. No industrial waste material shall be discharged into the sewage disposal system unless permission to do so, certified in writing by the Public Works Director, has been obtained. Should the Public Works Director refuse permission, he shall do so in writing, stating his reasons for such refusal. The collection and disposal of solid waste shall be the responsibility of the nonresidential user and shall be done in accordance with the rules of the Bureau of Solid Waste Management, N.J.A.C. 7:26-1 et seq. No accumulation of waste, junk or other objectionable material shall be permitted on the property outside a building. This prohibition shall not apply to day-to-day trash, not otherwise regulated, awaiting disposal in the ordinary conduct of business. No discharge of surface waste shall violate the New Jersey Department of Environmental Protection surface water quality standards, N.J.A.C. 7:19-4 et seq., and all other applicable standards, if any. No discharge shall take place which shall violate the standards of the Borough of Lodi's Health Officer. Sewer sampling manholes, constructed in accordance with the Borough's specifications, shall be required for each building. In the interest of the health and safety of the public and for the protection of valuable environmental resources, industrial users or chemical products and processes shall maintain, on site, a means of containing effluent from major spills, leaks or system breakdowns. Such spills, leaks or breakdowns shall be immediately reported to the Health Officer, which shall forthwith inspect the effluent from the same. No materials so contained may be discharged or disposed of until after the inspection and approval for discharge or disposal is obtained.
§ 585-16 Sign regulations.
[Amended 1-17-2023 by Ord. No. 2022-22; 3-21-2023 by Ord. No. 2023-02; 3-18-2025 by Ord. No. 2025-01]
A.
Prohibited signs. Signs prohibited in all districts shall be as follows:
(1)
Signs on utility poles; trees; road bridges; bridge supports or abutments; retaining walls; cell or water towers.
(2)
Billboards, except as a permitted conditional use pursuant to Article IV, § 585-9J, in an I-LI Zone, and § 585-12B(9), Conditional uses, under the conditions expressed therein.
(3)
Signs which employ or are lighted by means of flashing lights or which have animated or moving parts, neon or gas filled lights, or have reflector type materials which may impair the vision of drivers.
(4)
Signs which advertise activities which are illegal under federal, state or local law.
(5)
Signs which resemble, simulate or may be mistaken for a traffic, directional or other public sign.
(6)
Signs which, by reason of their size and location, pose a threat to the safety and welfare of the public or which obstruct sight lines along any public roadway or sidewalk.
(7)
Signs in the public right-of-way.
(8)
Signs, logograms or pictures, actual product and/or materials, temporary or otherwise, on or inside a window or glass door, greater than two feet in height or covering more than 20% of the square-foot area of the window or glass door. Signs on the inside of a window or glass door shall be considered part of the main sign for the purpose of calculating maximum allowed sign area. Any area within 48 inches of a window or glass door shall be considered window area or glass door area for signage purposes or coverage.
(9)
(Reserved)
(10)
(Reserved)
(11)
Any sign placed upon any abandoned building, vacant lot, commercial property, or shopping center lot without the express written permission from the owner of said lot provided to the Zoning Officer in advance of installation.
AA.
Any sign in violation of § 585-16A(1), (6), (7), or (9) shall be cause for immediate removal by the Borough Property Maintenance Official or Zoning Officer or their designee.
BB.
Any violation of this Code or section shall subject the owner of the sign or property owner to a fine as indicated herein and each day that the violation exists shall be deemed a separate violation for each sign as follows:
C.
Signs for individual business establishments shall be permitted in the C-NR District, provided that:
(1)
The total area of all signs shall not exceed two square feet for each foot of building frontage, to a maximum of 80 square feet.
(2)
No sign shall exceed four feet in height.
(3)
Such sign shall be applied flat against a wall and shall not project beyond the side or top of the wall to which it is affixed, nor more than eight inches in front of such wall, nor shall any sign be permitted on a roof.
(4)
All bare incandescent light sources (neon lights are not considered as such) and immediately adjacent reflecting surfaces shall be shielded from view; flashing, moving, intermittently illuminated signs, reflection signs or signs painted in luminous materials that glow in the dark, and advertising devices shall be prohibited.
(5)
Not more than one sign shall be permitted for each tenant on the premises on each wall fronting on a street.
D.
Signs shall be permitted in the C-H District, provided that:
(1)
For each separate parcel only one identification sign shall be permitted.
(2)
The total area of such signs shall not exceed 100 square feet, nor shall they exceed a height of 40 feet.
(3)
For individual establishments in a shopping center, one wall sign per tenant shall be permitted. Such sign shall not exceed 5% of the area of the facade on which it is located. However, any wall sign may be at least 25 square feet in size.
E.
Billboard signage located within the C-H Zoning District. Billboard signage shall be permitted within the C-H Zoning District, provided that:
(1)
Such billboard signage is located within the Route 46 corridor of the C-H Zoning District or upon any property adjacent to the Route 46 feet in width.
(2)
Such billboard signage shall not exceed a sign face area of 675 square feet, with such dimensions not to exceed 14 feet in height and 48 feet in width.
(3)
Such billboard signage shall have a maximum of two sign faces, with each opposite the other.
(4)
No billboard signage shall have a maximum total height in excess of 40 feet from the grade of Route 46.
(5)
The owners of all billboard signage permitted hereby shall comply with the Roadside Sign Control and Outdoor Advertising Act, N.J.S.A. 27:5-5 et seq., as well as all applicable federal, state and local regulations, statutes, laws or ordinances relating to billboard signage.
(6)
No one billboard sign shall be located within 1,000 feet of any other billboard sign located within the overlay district created hereby with respect to any application for billboard signage made to the Borough of Lodi after May 31, 2008.
(7)
No animated signs, as defined herein, shall be permitted within the overlay zone created hereby.
F.
Signs shall be permitted in the C-C District, provided that:
(1)
In the case of a designed shopping center.
(2)
For each individual business establishment, whether freestanding or in a shopping center, signs shall be permitted, subject to the same regulations as for C-NR Districts, and such signs shall be in addition to the permitted identification sign for the shopping center.
(3)
Such additional signs as shall be required for internal administration and circulation of a shopping center shall be permitted at the discretion of the Planning Board and subject to its review.
G.
Signs shall be permitted in the C-R Regional Commercial District, provided that:
(1)
For shopping centers and other retail uses, the following shall be permitted.
(a)
Freestanding signs.
[1]
There shall be not more than one freestanding sign for each 700 feet or portion thereof of the project's total frontage on a highway or all roads upon which the shopping center or retail use fronts.
[2]
Freestanding signs may contain the following identification signs affixed to a sign structure:
[a]
For the name of the shopping center or other retail use, a maximum sign area of 50 square feet for each 25,000 square feet of gross floor area, but not to exceed 300 square feet.
[b]
For shopping center occupants in excess of 50,000 square feet of gross floor area, a maximum of 50 square feet.
[c]
For shopping center occupants in excess of 20,000 square feet of gross floor area, a maximum of 30 square feet.
[d]
For shopping center occupants in excess of 8,000 square feet of gross floor area, a maximum of 20 square feet.
(b)
Building wall signs.
[1]
Building wall signs shall be affixed to the wall or fascia of the building. They must face either the parking lot or the street frontage.
[2]
The maximum letter sign for a wall sign shall be limited to 15% of the height or that portion of the building to which it is affixed.
[3]
Signs shall be limited to one sign per facade facing a street or parking lot for each occupant of the building. The sign size shall not exceed 5% of the area of the facade on which it is located. However, a building wall sign may be at least 25 feet in size.
[4]
Signs printed or affixed to awnings or canopies shall be counted as a wall sign for the purpose of computing maximum sign area permitted.
(c)
(Reserved)
(d)
Under-canopy signs. Signs under a canopy or roof overhang in a designed shopping center, oriented perpendicular to storefront, may be used to identify individual occupants. These signs may be two-sided, and the area of one side of the sign shall be a maximum of six square feet. No more than one canopy sign per store shall be permitted.
(2)
Sign area calculations. Sign area shall be calculated based on the following:
(a)
Sign area shall include the area of the frame enclosing the sign.
(b)
For a sign of individual letters and graphics, the area of the smallest rectangle that can enclose the letters and graphics.
(c)
For a sign in which individual rear-lighted letters and graphics are cut through an opaque panel, the area of the smallest rectangle that can enclose the letters and graphics.
(d)
The area of a double-faced sign shall be calculated as the area of a single face of the sign.
(e)
For a sign on a lighted canopy, fascia or awning, the area shall be calculated as the area of the smallest rectangle enclosing the letters and graphics.
H.
Signs shall be permitted in I-LI Districts, subject to the sign regulations for a C-NR District, except that the size of signs shall be no greater than 100 square feet on industrial sites having an area of less than 20,000 square feet; no greater than 200 square feet on industrial sites which have an area of between 20,000 square feet and one acre; and no greater than 250 square feet on sites of an acre or larger.
I.
Billboards.
(1)
Registration; permit fees.
(a)
All owners of real property upon which billboards are located shall be required to register their billboard or billboards with the Borough Clerk of the Borough of Lodi or her designee on forms prescribed by the Borough which shall include such information as the name, address, email address, fax number, telephone number and emergency telephone number of the real property owners, the location, and age of the billboard, and the name, address, email address, fax number, telephone number and emergency telephone number of the person responsible for the maintenance of said billboard. Said registration shall be kept current by the property owner and updated by the property owner in the event that there is any change in the required information on the registration form.
(b)
All owners of the real property upon which billboards are located shall be required to pay an annual permit fee for the annual inspection of the billboard by the Construction Official and/or Subcode Official and/or Fire Marshal to ensure that the billboard is being properly and safely maintained and is in compliance with all rules, regulations, ordinances, statutes and directives governing same. The owners of the real property shall promptly comply with all directives or violation notices as a result of said inspection.
(d)
Fines or punishment. Any owner of real property upon which a billboard is located, or any other person, firm or entity violating the provisions of this subsection or the ordinances that this subsection amends as aforesaid shall be subject to the following fines or punishment. Each and every day that a violation exists shall be deemed a separate violation.
[1]
Upon conviction of a first offense, a fine or not less than $250 and not more than $1,000;
[2]
Upon conviction of a second offense, a fine of not less than $500 and not more than $1,500;
[3]
Upon conviction of a third offense, a fine of not less than $1,000 and not more than $2,000 and/or a term of imprisonment for a period not to exceed 90 days and/or a term of community service not to exceed 90 days.
(2)
Requirements for permit issuance. The Building Inspector shall not issue a permit for the erection, alteration or relocation of any sign:
(a)
Unless the application shall show the proposed sign to be in conformity with all the provisions of this chapter of the Borough of Lodi, as amended and supplemented hereby or otherwise; or
(b)
Which said sign will unreasonably obstruct the visibility of an existing sign on a lot immediately adjacent to the lot upon which the proposed sign is to be erected, altered or relocated.
J.
All signs, subject to the following provisions:
(1)
All signs must be placed entirely on private property.
(2)
All signs must be set back minimally five feet from the property lines.
(3)
Signs shall not exceed four feet in height or four feet in width or 16 square feet in total and that the sign height including posts or other method of installation or mounting shall not exceed six feet above the ground. This height limitation of six feet above the ground shall not be applicable to a sign placed exterior stair railings.
(4)
(Reserved)
(5)
(Reserved)
(6)
(Reserved)
(7)
(Reserved)
(8)
(Reserved)
(9)
No signs shall be placed on Borough property or Borough right-of-way, including, but not limited to, streets, sidewalks, curbs and ramps and any sign in violation hereof shall be cause for immediate removal by the Borough property maintenance official or Zoning Officer or their designee.
(10)
No sign shall be placed upon any telephone pole or tree and any sign in violation hereof shall be cause for immediate removal by the Borough property maintenance official or Zoning Officer or their designee.
(11)
No signs shall be placed upon any abandoned buildings, vacant lots, commercial property or shopping center lots without the express written permission from the owner of said lot provided to the Borough Zoning Officer in advance of installation and any sign in violation hereof shall be cause for immediate removal by the Borough property maintenance official or Zoning Officer or their designee.
(12)
Signs shall not be installed which obstruct traffic and any sign in violation hereof shall be cause for immediate removal by the Borough property maintenance official or Zoning Officer or their designee.
(13)
Signs shall not be lighted and any sign in violation hereof shall be cause for immediate removal by the Borough property maintenance official or Zoning Officer or their designee.
(14)
Signs shall not be placed within any public right-of-way and any sign in violation hereof shall be cause for immediate removal by the Borough property maintenance official or Zoning Officer or their designee.
(15)
Any violation of this section shall subject the sign owner or property owner to a fine as indicated herein and each day that the violation exists shall be deemed a separate violation for each sign as follows:
§ 585-17 Site plan approval.
Except for subdivision or an individual lot application for one- and two-dwelling-unit buildings, all development shall be required to file a site plan application. Said site plan shall be reviewed by the Planning Board according to the following standards and submission requirements. No building permit shall be issued for any use requiring site plan approval unless such approval is granted by the Planning Board.
A.
Procedure for submission and review of plans.
(1)
The applicant shall first submit an application for preliminary approval through the Zoning Officer acting as administrative officer. The material submitted shall be in preliminary form for discussion purposes. The following material shall be required:
(2)
Thirteen copies of the application and 13 prints of the preliminary proposal map shall be submitted for distribution to the Planning Board Secretary and members, the planning consultant, the Zoning Officer, and the Borough Engineer.
(3)
The preliminary sketch map shall show, at an appropriate scale:
(a)
The site for which application is being made, identified by the Borough Tax Map's block and lot number.
(b)
Existing surrounding uses of land and their structures for a distance of at least 200 feet on all sides of the applicant's site in mapped form.
(c)
The type of structure which is proposed (including information on color and materials) illustrated by a preliminary floor plan sketch and preliminary front, side and rear elevations, drawn to scale. Accessory structures shall also be shown. If applicable, commercial areas to be used for outdoor selling or display shall be noted.
(d)
The proposed on-site circulation system, including both vehicular and pedestrian access and egress ways and service roads, if applicable, and type of connection with existing arteries.
(e)
If required, on-site parking facilities, drawn to scale, at the dimensions contained in § 585-14 of this chapter.
(f)
If required, on-site loading facilities, drawn to the dimensions contained in the definitions (§ 585-2) of this chapter.
(g)
An estimate of the number of employees who will be using the site on a full- or part-time basis, if a nonresidential use of land.
(h)
Landscaping and/or screening proposals, including the type, size and location of the planting, trees and shrubs.
(i)
The connection to municipal sewers or the location and type of disposal system acceptable to the Borough Engineer.
(j)
A comprehensive public utility plan.
(k)
The location, height, length, thickness and area, in square feet, of all signs.
(l)
In addition to the existing site plan requirements, site plans for nonresidential uses of land shall contain sketches drawn to scale, indicating the color, design and material of signs to be utilized; said sketches are to be accompanied by a brief narrative explaining the lighting mechanism, if any.
(m)
The relationship of the proposed development plan to a preliminary plan for the development of the entire parcel, if the subject plan is part of a larger parcel.
(n)
For any application involving the construction of 25 or more units of multifamily housing or any commercial or industrial development wherein 1,000 or more square feet of land is utilized, the applicant shall submit a recycling plan indicating:
[1]
Which recyclable resource materials are to be source separated;
[2]
That storage areas of at least one cubic yard of storage area for each residential unit, plus multiunit storage space for items such as newspapers shall be provided for multifamily residential units;
[3]
That a sufficient amount of storage space has been provided to accommodate the types and amount of recyclable material that is generated by a commercial or industrial establishment;
[4]
That all such storage areas meet the Building and Fire Codes of the Borough.
(4)
Said applications and sketches shall be filed at least 14 days prior to a regular meeting of the Planning Board and shall be accompanied by the payment of $100. After the initial submission, subsequent submissions shall be filed at least 10 days prior to a meeting of the Planning Board.
(5)
If an application for preliminary site plan approval is found to be incomplete, the Planning Board shall so determine by resolution and shall, by resolution, direct the Secretary to so notify the applicant within 45 days of the submission of the application, or the application shall be treated as a complete application.
(6)
Upon the submission to the Zoning Officer of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan of more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
(7)
For any site plan application, the Planning Board may, at its discretion, assign three of its members as a planning subcommittee to hold informal work sessions with the applicant in addition to the regularly scheduled Planning Board meetings. Such work sessions shall be open to the public, but shall not require notice. Participation at the meeting by the applicant or members of the public shall be at the discretion of the subcommittee. The Planning subcommittee shall report the results of such meetings to the full Planning Board at the next regularly scheduled meeting of the Planning Board. If the Planning Board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for site plan approval shall be submitted and proceeded upon, as in the case of the original application for site plan approval. The Planning Board shall, if the proposed development complies with this chapter and the Municipal Land Use Law of the State of New Jersey,[1] grant preliminary site plan approval.
[1]
Editor's Note: See 40:55D-1 et seq.
(8)
Preliminary approval of a site plan shall confer upon the applicant the following rights for a three-year-period from the date of the preliminary approval:
(a)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements.
(b)
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the site plan.
(c)
That the applicant may apply for, and the Planning Board may grant, extensions on such preliminary approval for additional periods of a least one year but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
(d)
(e)
The applicant may apply for thereafter, and the Planning Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration:
[1]
The number of dwelling units and nonresidential floor area permissible under preliminary approval; and
[2]
The potential number of dwelling units and nonresidential floor are of the section or sections awaiting final approval;
[3]
Economic conditions; and
[4]
The comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.
(9)
Application for final site plan approval, if desired, shall be submitted before the expiration date of preliminary approval, which date shall be set by resolution of the Planning Board but shall not be more than three years after the date of preliminary approval.
(10)
The application for final approval shall contain, in final form, the same material contained in § 585-17A(2) and shall be submitted and reviewed in the same manner as prescribed in § 585-17A(3), (4), (5), and (6).
(11)
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval and the conditions of preliminary approval.
(12)
Final approval shall be granted or denied within 45 days after submission of a complete application to the Zoning Officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the Zoning Officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
(13)
Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, c 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
(14)
The Planning Board when acting upon applications for preliminary site plan approval shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of this chapter if the literal enforcement of one or more provisions of the chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
(15)
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
(16)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 585-17A(8), whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 585-17A(8) for the section granted final approval.
(17)
Unless work is commenced within one year of the date of the granting of site plan approval, and diligently prosecuted, such approval shall become null and void.
(18)
In every case, the Planning Board shall communicate its action to the Zoning Officer, in writing, upon completion of its review.
B.
Standards for site plan approval.
(1)
In considering and approving a site plan, the Planning Board shall take into consideration the public health, safety, general welfare, the conveniences of the public in general and the effects on the neighborhood in particular; the Planning Board may attach such conditions and safeguards as preconditions to approval of said plans as in the Board's opinion may be necessary to protect adjoining premises from the effect of unsightly rear or side elevations, the location and disposition of refuse, storage or other service areas, incinerators, parking and loading areas and accessory uses of land in the furtherance of the general purpose and intent of this chapter and in harmony therewith. In particular, the following shall be required:
(a)
Consistency of the layout or arrangement of the site plan with the requirements of this chapter.
(b)
Streets or driveways on the site of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings, and surfaced with macadam or a surface material acceptable to the Borough Engineer.
(c)
Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants.
(d)
The proper use of land subject to flooding to avoid danger to life or property.
(e)
Protection and conservation of soils from erosion by wind or water or from excavation or grading.
(2)
In addition, site plan review shall relate to:
(a)
Preservation of existing natural resources on the site.
(b)
Safe and efficient vehicular and pedestrian circulation, parking and loading.
[1]
All proposed traffic accessways shall be adequate in number, width, grade, alignment and visibility to serve the proposed use without jeopardizing the safety of pedestrians on abutting sidewalks or that of passing vehicular traffic or shall not be located too near street corners of other places of public assembly.
[2]
Further, off-street parking space shall be provided in an amount sufficient to minimize curb parking of vehicles belonging to persons connected with or visiting the proposed use, and parking layout shall enable the most efficient and safe use of the parking area, and the interior road network and parking aisles (if any) shall provide safe access to all required off-street parking facilities as well as the Borough's street system serving the site.
(c)
Screening, landscaping and location of structures. All play, parking and service areas and any and all other features of the proposed development which may exert a deleterious effect on adjoining premises shall be screened at all seasons of the year from view or such premises and of adjoining streets, and the general landscaping of the site shall be appropriate, readily maintained and in character with that prevailing in the neighborhood.
(d)
Exterior lighting needed for safety reasons in addition to any requirements for streetlighting. Exterior lighting of all yards, parking lots, and storage areas shall be provided in an amount adequate to provide for the safety or persons using the site.
(e)
Landscaping. All open areas of a lot not covered by buildings or impervious surfaces shall be landscaped.
§ 585-18 Ancillary powers of Planning Board.
In addition to its site plan review powers, the Planning Board shall, under this chapter, also exercise the following powers:
A.
To administer the provisions of the site plan review section of this chapter in accordance with the provisions of this chapter and the Municipal Land Use Law, Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq.
B.
To approve conditional use applications in accordance with the provisions of this chapter pursuant to N.J.S.A. 40:55D-67.
C.
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment variances pursuant to Subsection 70c of Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq., from lot area, lot dimensional, setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.
(1)
When granting relief under this subsection, a public hearing shall be held in the manner prescribed by Subsection 6 of Chapter 291, P.L. 1975, N.J.S.A. 40:55D-10.
(2)
Public notice of said hearing shall be given by publication in the official newspaper of the Borough. Notice of said hearing shall also be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by:
(a)
Serving a copy thereof on the property owner as shown on the said current tax duplicate or his agent in charge of the property; or
(b)
Mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
(3)
Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A $25 fee will be charged for such list.
(4)
Notice of all hearings pursuant to this section involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality.
(5)
Notice shall be given, by personal service or certified mail, to the County Planning Board of a hearing pursuant to this section of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.
(6)
Notice shall be given, by personal service or certified mail, to the Commissioner of Transportation of a hearing pursuant to this section for development of property adjacent to a state highway.
(7)
Notice shall be given, by personal service or certified mail, to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for site plan approval of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents submitted as part of the application.
(8)
The applicant shall file an affidavit of proof of service with the Planning Board.
(9)
When acting on an application for relief under this subsection, the Planning Board shall grant or deny approval of the application within 95 days after the submission by a developer of a complete application to the Zoning Officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Zoning Officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
(10)
Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6) in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.