Applicability. The provisions in this section apply to all Oil and Hazardous Substance Pipelines proposed for construction and siting within the Township of Mahwah. To the extent any regulations within this paragraph conflict with State or Federal regulations or laws regulating oil and Hazardous Substance pipelines, those State or Federal regulations and laws shall take precedence over this paragraph a,2.

Uses. Oil and Hazardous Substance Pipelines that are not providing services to the public as end users and are not regulated by the New Jersey Board of Public Utilities are prohibited in all residential zones and districts within the Township of Mahwah and shall constitute conditional uses in all other zones and districts within Township of Mahwah subject to the provisions of this paragraph a,2.

Development and Construction of Oil and Hazardous Substance Pipelines. The following requirements and standards shall apply for the development and construction of any Oil or Hazardous Substance Pipeline within the Township of Mahwah:

Emergency Preparedness Plan. Sixty (60) days prior to the first date of operation of the Oil and Hazardous Substance Pipeline, the Pipeline Owner and Pipeline Operator shall meet with the Township of Mahwah Police Department and Engineer and submit to them an emergency preparedness plan ("EMP") for any and all emergencies that may result in an accidental leak or failure incident regarding the pipeline and its related appurtenances and facilities. The EMP shall cover the requirements stated in 49 CFR 195.402 and 195.403 and shall identify a responsible local emergency response official and a direct twenty-four (24) hour emergency phone number. No Oil and Hazardous Substance Pipeline shall become operational, nor shall any Oil and Hazardous Substance be introduced into the Oil and Hazardous Substance Pipeline prior to the Pipeline Owner and Pipeline Operator receiving the prior written approval of the EMP by the Township of Mahwah Engineer and Chief of Police.

Insurance. No Pipeline Owner or Pipeline Operator shall operate any Oil and Hazardous Substance Pipeline or introduce any Oil or Hazardous Substance into an Oil and Hazardous Substance Pipeline without first obtaining insurance policies covering general liability, environmental incidents and contamination, and property damage in an aggregate amount to be determined by the Township of Mahwah based upon reasonable estimates of potential liability and property damage that would result from a leak, spill or other failure of the Oil and Hazardous Substance Pipeline. Prior to the first operation of the Oil and Hazardous Substance Pipeline and every year in which the Oil and Hazardous Substance Pipeline is in operation thereafter, the Pipeline Owner or Pipeline Operator shall submit insurance coverage certificates and endorsements to the Township of Mahwah adding the Township of Mahwah as an additional named insured on the insurance policies, demonstrating that the required policies and levels of insurance have been obtained.

Indemnification and Hold Harmless. Prior to the first operation of the Oil and Hazardous Substance Pipeline, the Pipeline Owner and Pipeline Operator shall both agree in writing to indemnify and hold harmless the Township of Mahwah, as well as its officers, officials, supervisors, employees, agents, contractors, and assigns, from any and all liability relating to or arising from the Oil and Hazardous Substance Pipeline, including, but not limited to, any failure, leak, spill, contamination, cleanup, remediation, property damage, and personal injury from and related to such pipeline. The indemnification and hold harmless agreement shall include a provision for the payment of Mahwah's reasonable attorneys' fees and litigation costs.

Easements. Any easements or rights-of-way obtained by the Pipeline Owner or Pipeline Operator for the Oil and Hazardous Substance Pipeline shall be recorded by the Pipeline Owner or Pipeline Operator in the office of the County Clerk.

Marking. The Pipeline Owner or Pipeline Operator shall install and maintain markers to identify the location of the Oil and Hazardous Substance Pipeline in accordance with all applicable federal and state requirements.

Pipeline Failure and Remediation. In the event that a leak, spill, or failure has occurred with the Oil and Hazardous Substance Pipeline, the Pipeline Owner and Pipeline Operator shall notify the Township of Mahwah Engineer, the Township of Mahwah Police Department, and all property owners within one thousand (1,000') feet of the affected pipeline area within one hour of discovery of the leak, spill or failure. The Pipeline Owner and Pipeline Operator shall cooperate with Township of Mahwah officials and make every effort to respond as soon as possible to protect the public's health, safety, and welfare. All leak or spill remediation plans shall be made in consultation with the Township of Mahwah, and no remediation may be deemed complete without final approval thereof by the Township of Mahwah. In the event that the Oil and Hazardous Substance Pipeline is shut down due to a leak, spill, or failure, the Pipeline Owner and Pipeline Operator shall not restart the pipeline without the written approval of the Township of Mahwah Engineer.

Repair. Following any repair(s) of an Oil and Hazardous Substance Pipeline, any areas disturbed by such repair(s) shall be revegetated and restored in accordance with the applicable provisions of the Township Ordinances at the Pipeline Owner's and Pipeline Operator's sole cost and expense.

The sale of automobiles by automobile sales dealerships.

The sale of agricultural and horticultural products as provided in § 24-3.8 e.

The sale of products for garden supply and building material establishments.

The sale of gasoline and related automobile parts and fluids at automobile service stations may be permitted between the fueling pumps.

Garage sales subject to the issuance of a special permit by the Township Council.

Outdoor sales on public or quasi-public lands subject to the issuance of a special permit by the Township Council in accordance with Chapter 4 of the Code of the Township of Mahwah.

Outdoor sales of seasonal goods subject to the issuance of a special forty-five (45) day approval by the governing body.

The temporary outdoor display and/or sale of products by a retail business establishment subject to the issuance of a forty-five (45) day permit by the Zoning Officer and subject to any applicable restrictions and/or any prohibition pursuant to a development approval by the appropriate land use board and applicable ordinances, rules and regulations and statutes. Such outdoor display and/or sale of such products permitted herein shall not extend further than ten (10') feet beyond the storefront, shall be located a minimum of four (4') feet from the curb line, shall not impede pedestrian traffic on public sidewalks and shall not block any existing parking spaces. No permit shall be issued to any single retail business establishment more than four (4) times per calendar year and no more than one (1) time per each calendar quarter. The permit fee shall be twenty-five ($25.00) dollars.

The permanent display and/or sale of newspapers, newsletters and catalogues and the display and/or sale of goods provided that such display and/or sale shall not occupy more than a sixty (60) square foot area, shall be located a minimum of four (4') feet from the curb line, shall not extend further than ten (10') feet beyond the storefront, shall not impede pedestrian traffic on public sidewalks and shall not block any existing parking spaces.

The on-premises sale, distribution, consumption or delivery of goods or materials to any customers, including but not limited to wholesale, retail or club member customers shall be permitted in IP120. Zone District subject to the issuance of a warehouse sale permit by the Township Council. The standards for warehouse sales shall be as follows:

A Zoning Permit shall be required prior to the delivery of a Portable On Demand Storage Unit. As part of the application, the applicant shall provide the following information to the Township Zoning Officer: external dimensions of the Portable On Demand Storage Unit, location on property, date of delivery, and date of removal.

No Portable On Demand Storage Unit shall be placed closer than ten (10') feet from any side or rear lot line.

Portable On Demand Storage Units shall be placed on a driveway or other impervious surface.

Portable On Demand Storage Units shall not be permitted in a street or right-of-way, nor shall it interfere or obstruct a sidewalk.

Portable On Demand Storage Units shall not be used for human occupancy.

No more than one (1) Portable On Demand Storage Unit shall be located on a property at one time.

A permit for a Portable On Demand Storage Unit shall allow for the use of a Portable On Demand Storage Unit for a maximum of thirty (30) days. The applicant may apply to the Zoning Officer for an extension of time not to exceed an additional one hundred twenty (120) days.

The products sold are in their natural state.

The sale of such products is within the confines of the property upon which they have been grown or raised.

The place of sale, whether of a permanent or temporary nature, shall not be located closer than fifty (50') feet to any lot line, nor shall the storage of any such products outside a structure be located closer than twenty-five (25') feet to any lot line.

The sale of any such products shall also require that a suitable amount of off-street parking and loading space be required.

All excavations must either be made to a water-producing depth or be graded and backfilled.

Excavations made to a water-producing depth shall be properly sloped to the waterline, with banks sodded or surfaced with soil of quality equal to adjacent land area topsoil. Such topsoil required under this subsection shall be planted with trees, shrubs, legumes or grasses.

Excavations not made to a water-producing depth must be graded or backfilled with nonnoxious, nonflammable, noncombustible solid material and in a topographic character which will result in substantial general conformity to adjacent lands. Such grading or backfilling shall be designed to minimize erosion and shall be surfaced with a soil equal in quality to that of adjacent land area and planted with trees, shrubs, legumes or grasses. All buildings and structures used in such operations shall be dismantled and removed by and at the expense of the operator within one (1) year following the termination of the operations.

The maximum number of dwelling units per acre for garden apartments shall be determined by the following schedule:

In determining the maximum number of dwelling units permitted, where the number of rooms in dwelling units varies, a weighted proportion of each type to the total distribution shall be utilized.

Each building shall contain not more than eight (8) dwelling units, and in attached buildings not more than twenty-four (24) dwelling units, with no portion of the building below the first story used for dwelling purposes, except that a basement where the floor is not more than three (3') feet below finished grade may contain living quarters for the building superintendent and his family.

The maximum length of any garden apartment building shall not exceed one hundred sixty (160') feet.

The building design shall not be inaccessible to emergency vehicles.

The location of a Ground-Mounted System shall meet all applicable accessory-use setback requirements of the zoning district in which it is located.

Roof-Mounted Systems shall be located to ensure adequate pathways exist for access along roof edges and ridge lines for first responders in case of a fire or for maintenance crews in the case of system repair. As such, the design of the solar energy system shall conform to applicable local, state and national solar codes and standards. A building permit reviewed by department staff shall be obtained for a solar energy system. All design and installation work shall comply with all applicable provisions in the National Electric Code (NEC), the International Residential Code (IRC), International Commercial Building Code, State Fire Code, and any additional requirements set forth by the local utility (for any grid-connected solar systems).

For a roof-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.

For a roof-mounted system installed on a flat roof, the highest point of the system shall be permitted to exceed the district's height limit by up to fifteen (15') feet above the rooftop to which it is attached.

Ground-mounted or freestanding solar energy systems shall not exceed applicable maximum accessory structure height in the zoning district in which the solar energy system is located.

A solar energy system may exceed the applicable maximum accessory structure height if it will cover an impervious surface parking area. Height may not exceed the height of the primary structure that the parking area serves. Minimum height of the parking canopy must allow clearance for emergency service and service vehicles.

Animal Shelter. Where all hoofed animals are kept, harbored or maintained, there shall be provided a separate stable or building for the shelter of the animal. The property shall also include a fully enclosed corral or sty for the containment of the hoofed animal.

Minimum Distances from Property Lines.

Lot Area Requirements. The minimum lot area required to keep, harbor or maintain hoofed animal(s) is five (5) acres. Inclusive of the minimum lot area, the number of hoofed animals permitted on a site shall be calculated as follows: one (1) for the first sixty thousand (60,000) square feet of lot area, and one (1) for each additional thirty thousand (30,000) square feet of lot area therafter.

Other Requirements, The provisions of § 24-5 herein and all regulations of the Board of Health shall be adhered to.

Single-family detached dwellings.

Townhouses and single-family semidetached dwellings.

Townhouse-duplex combination in the PRD6 Zone, only.

Triplexes, quadruplexes, and garden apartments.

Public and private educational facilities.

Places of assembly.

Public utilities and essential services.

Parks, playgrounds, firehouses and library or Municipal buildings.

Indoor and outdoor recreational facilities, including publicly and privately owned and operated golf courses and clubs, tennis courts and clubs, swimming pools and clubs, country clubs, skiing facilities, arboretums, botanical gardens, hiking trails and other similar facilities. Indoor tennis courts are excluded from this listing.

No tracts, parcels or lots or tract, parcel or lot shall be developed as a planned residential development unless it shall contain a minimum of fifty (50) or more acres of adjoining and contiguous land and shall contain sufficient access to an approved and improved street. For the purpose of this section, internal streets, roads and rights-of-way shall not be deemed to divide acreage of a planned residential development. In the PRD4S District the total project site area shall contain a minimum of thirty-five (35) acres.

The Board shall have the authority to waive this requirement where:

One (1) or more parcels contain at least twenty-five (25) acres; and

The twenty-five (25) acre site is contiguous to and abuts a planned residential development site.

The landowner shall provide and maintain a buffer zone no less than one hundred (100') feet wide from all external lot lines of a planned residential development, except for that portion which fronts upon an existing external street or roadway. Such buffer zone shall be kept in its natural state where wooded; and when natural vegetation is sparse or nonexistent, the landowner may be required to provide a year-round visual screen as determined by the Board. In the PRD4S District, the landowner shall provide and maintain a buffer no less than seventy-five (75') feet wide, subject to the same requirements as noted above. Road access ways may be permitted within said PRD4S District buffer area, provided that they be no closer than ten (10') feet from any property line and the ten (10') foot area shall be densely planted to provide maximum screening.

The Board, upon specific findings or particular circumstances relating to conditions of topography, natural features, lot configuration, natural vegetation or the lack of same, soil conditions, drainage or other similar site characteristics or where the proposed development is compatible with existing development, may decrease the required buffer area to a minimum of fifty (50') feet, or increase the required buffer area to a maximum of two hundred (200') feet.

The Board may modify or eliminate the requirements for a buffer area upon finding that the planned residential development abuts another planned residential development, a buffer zone designated on the zoning map of the Township or a natural or man-made barrier and that by reason thereof, the buffer area may be modified or eliminated without detriment to existing or proposed uses.

No use or structure, including parking or loading areas, shall be permitted within the required buffer area, but the Board may, upon a finding of reasons therefor, permit a portion of a buffer area to be used for utility easements or streets to ensure access to or from adjacent property.

The required buffer area may be included in the area of a planned residential development for the purpose of computing compliance with the open space requirements of this chapter.

Boundary Line Setback Requirements. All buildings and structures shall be set back no less than thirty-five (35') feet from any external street right-of-way line or a distance equal to the height of any building or structure from the right-of-way line, whichever is greater, within a planned residential development.

Area, Yard and Bulk Controls. Area, yard and bulk controls shall be in accordance with the Schedule of Area, Yard and Bulk Controls for Planned Residential Developments herein.

Measurement of Setbacks. All setbacks shall be measured from the right-of-way line of the street, but if the Master Plan or Official Map of the Township shows the location of a right-of-way line different from the existing right-of-way line, the required setbacks shall be measured from the right-of-way line as shown on the Official Map, if any, or the Master Plan.

At all street intersections, no obstruction to vision exceeding thirty (30") inches in height above the grade to be established at the curb, other than existing buildings, posts, columns or other trees or proposed necessary traffic control devices, shall be permitted in an area bounded by the intersecting curbline and a line joining points each thirty (30') feet distant from the intersection of the curblines along the curbline of each street.

Overall Residential Density. Within the PRD4 Zone, the overall residential density shall be four (4) units per acre of total land area in the planned residential development. Within the PRD6 Zone, the overall residential density shall be six (6) units per acre of total land area in the planned residential development. For the purpose of this section, internal streets, roads and rights-of-way shall be included in the acreage calculations.

Net Residential Densities. The maximum net residential density in each planned residential development shall be as set forth in the following table.

Distribution of Residential Units. Within the PRD4, PRD4S, and the PRD6 Zones, the distribution of residential dwelling units shall be governed by the standards presented in the following table:

Required Amount. Each planned residential development area shall contain a minimum of twenty (20%) percent of its total land area in planned residential open space.

Computation. Any required planned residential development open space may include common recreation areas for residential uses, and required buffer areas for computation purposes as well as other permitted open space functions as defined herein.

Ownership. If any area designated for open space of any type is to be retained by private interests, such private interests shall be required to file easements or specify reversionary interests in a deed or other similar conveyance, as determined by the Board Attorney, to the appropriate governmental body or environmental commission to ensure the intended use and function of such area.

Off-Street Parking and Loading. In any planned residential development, off- street parking and loading facilities and standards shall be in accordance with the Township Site Plan Ordinance.

Street Requirements.

Utility Improvements.

Electric, Gas and Telephone Service.

Street improvements. Monuments, street names and other traffic control devices, shade trees, streetlights, sidewalks, curbs, fire hydrants and all aspects of street construction as well as other improvements shall be subject to local regulations and Township Engineer approval.

There shall be a zero (0%) percent increase in runoff for all property in its natural or existing state in accordance with Township requirements.

All principal buildings shall be set back a minimum of twenty (20') feet from the high watermark of any stream or watercourse. All stream and watercourse corridors within this twenty (20') foot distance shall remain in their natural state except where necessary to provide utility easements or connecting roadways. The Board shall, in addition, require an easement of not less than fifteen (15') feet along each side or edge of the body of water, provided same is not wholly within the subject property.

No sanitary sewage disposal systems through land disposal shall be located within four (4') feet of any water table during any period of the year. Where natural water levels are closer than four (4') feet to the ground surface during any period of the year, there shall be no fill permitted in order to create an otherwise satisfactory land disposal, except where permitted by the Township Board of Health. No seepage field for sanitary sewage disposal shall be located nearer than three hundred (300') feet to any channel or surface watercourse. There shall be no point source pollution in any stream or waterway in the Township, as measured against the most recent studies or measurements of these waterways.

All Federal and State requirements affecting potable water shall be adhered to.

All groundwater sources in areas of limestone or fractured bedrock shall not be located within one hundred (100') feet from any sewage disposal facility.

No development shall impede the existing waterways or streams or substantially alter the hydrology of the area.

In any planned residential development, no development shall occur in any area with a topographic slope of sixteen (16%) percent or greater.

All environmental criteria shall be adhered to as promulgated by the Township and all appropriate County, regional, State and Federal requirements.

That each stage is substantially self-functioning and self-sustaining with regard to access, utility services, parking, open space and other similar physical features and shall be capable of occupancy, operation and maintenance upon completion of construction and development.

That each stage is properly related to every other segment of the planned development and to the community as a whole and to all necessary community services which are available or which may be needed to serve the planned development in the future.

That adequate protection will be provided to ensure the proper disposition of each stage through the use of maintenance and performance guarantees, covenants and other formal agreements.

That the land owner will provide a balanced distribution for development in each stage. The disposition shall be judged on the basis of the level of improvement costs, physical planning and coordination required and other relationships which may be necessary to undertake each stage or segment.

Vary the proposed residential density or intensity of use by more than two (2%) percent;

Does not involve a reduction in open space or the substantial relocation of such area, or increase by more than three (3%) percent of the total lot coverage;

Nor involve the increase in height of any building greater than permitted in the zoning ordinance.

Any plat which is not in compliance with the comprehensive preliminary plan for the entire site shall require an amendment to the preliminary approval including new public hearings.