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Mahwah City Zoning Code

§ 24-5.6

Buffer Zone and General Landscaping Requirements.

[Amended 10-15-2020 by Ord. No. 1916; 3-10-2022 by Ord. No. 1958; 7-31-2023 by Ord. No. 2011]
a. 
Buffer Zone Requirements.
1. 
All commercial, industrial and apartment uses adjoining or abutting a residential zone or institutional or public use shall provide a buffer strip or buffer zone on the side or sides facing said use or zone in accordance with the following table.
Buffer Zone Requirements
Zone District
Buffer Zone Location
Minimum Width of Buffer Zone (feet)
IP120
Adjacent to a residential zone or use
75
ORP200
Adjacent to a non-residential zone or use
25
GA200 B200 RM6 MUD-2
Adjacent to a residential zone or use
50
B40 GI80
Adjacent to a residential zone or use
25
B10
Adjacent to a residential zone or use
10
ED Zone. A minimum buffer of fifteen (15') feet shall be provided along every area that abuts a property used for residential purposes.
2. 
No principal or accessory structure, other than as may be provided herein, nor any off-street parking or loading areas or other use shall be permitted within the buffer zone.
3. 
The buffer zone shall be kept in its natural state where wooded. No existing tree within the buffer area shall be cut or removed unless the tree is invasive, dead, diseased, or dying.
4. 
Buffer zone plantings shall consist of a combination of shade trees, evergreen trees, and ornamental trees. Existing shade and evergreen trees within the buffer zone may be counted in fulfilling the required buffer planting. Berms shall be installed within the buffer zone where reasonably feasible to enhance screening efforts.
5. 
Buffer zone plantings shall include, at a minimum, the following:
(a) 
One shade tree for every 40 linear feet of buffer;
(b) 
One evergreen tree for every 15 linear feet of buffer;
6. 
Plantings within the buffer zone shall be the following size at the time of planting:
(a) 
Shade trees shall be planted at a minimum three inch caliper and shall be a minimum of 12 feet to 14 feet in height, balled, and burlapped.
(b) 
Evergreen trees shall be planted at a minimum height of eight feet, balled, and burlapped.
7. 
Within the buffer zone, the installation of utilities and driveways shall be permitted. Existing trees may be removed if required for the installation of these improvements.
8. 
The area encompassed in the buffer zone may be utilized for the purpose of computing lot coverage and yard setbacks.
9. 
The provisions of paragraph b3 shall also apply.
b. 
General Landscaping Requirements.
1. 
Fencing. All fences erected in the Township must be erected so as to have the finished side facing the neighboring lot. No fence shall be erected higher than six (6') feet in height above the finished grade when located behind the front facade line of the principal structure. No fence shall be erected higher than four (4') feet in height above the finished grade when located within the front yard as defined in § 24-1.5. Notwithstanding anything contained in this subsection, the fencing of private personal recreation facilities shall comply with the provisions of § 24-3.6a7.
2. 
Fencing on corner lots shall meet the same requirements as set forth in paragraph b1 for interior lots.
3. 
No fence can be erected within the sight triangle of an intersection as provided for by the existing land use regulations of the Township.
4. 
Enclosed Uses. Any enclosed use required by this chapter to be landscaped shall be provided with a fence or a visual screen designed to produce a dense cover consisting of evergreen or evergreen-type hedges or shrubs, spaced at intervals of not more than six (6') feet, located and maintained in good condition within ten (10') feet of the property line or as shall be determined by the Board. The Board, in the alternative, may require a landscaped earth berm not less than five (5') feet in height.
5. 
Unenclosed Uses. Any use which is not conducted within a completely enclosed building, such as required off-street parking, shall be entirely enclosed by a solid or closely woven fence or by evergreen hedges or shrubs spaced at intervals of not more than six (6') feet, located and maintained in good condition, within ten (10') feet of the property line or the zone district boundary line or as shall be determined by the Board. In the alternative, the Board may require a landscaped earth berm not less than five (5') feet in height.
6. 
Maintenance.
(a) 
Any fencing or landscaping installed in accordance with this section shall be maintained in good order to achieve the objectives of this chapter. Failure to maintain fencing or to replace dead or diseased landscaping or any refuse which may collect therein shall be considered a violation of this chapter, in accordance with § 24-11.5, paragraph c.
(b) 
Whenever a buffer or landscaping requirement is imposed, and to the extent that same is in fulfillment of the requirements of this chapter or any other Township ordinance, a guaranty in the form of a surety bond, cash or security deposit shall be required.
7. 
Temporary fences (including but not limited to snow fences, construction fences, safety fences and filter fences) are not permitted in the Township of Mahwah for periods in excess of thirty (30) days except when such fences are being actually used in connection with immediate or current construction activity or safety protection activity on the site.