Palisades Park City Zoning Code
ARTICLE III
General Regulations
§ 300-11 General exceptions.
Exceptions to the requirements of this chapter are permitted under the following terms and conditions:
A.
Height. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes, chimneys or flagpoles, provided that the same shall not exceed the prescribed height for the district in which located by more than 50%.
(1)
The height limitations of this chapter shall not apply to radio and television antennas, provided that no such antennas shall exceed the height of the principal building upon which located by more than 15 feet.
(2)
Elevator enclosures, condensers, exhaust fans or other similar structures constructed upon the roof of a building and occupying in the aggregate 20% or less of the area of the roof upon which the same are located shall not be included as part of the height of the building for the purposes of the regulations and restrictions of this chapter. Such structure or device shall in no event have a height greater than is necessary to accomplish the purpose it is designed to serve.
(3)
Parapet walls may extend not more than four feet above the height limit.
(4)
A basement shall not be included as a story in determining the height in stories of a one-family or two-family dwelling if the basement is not used as a dwelling unit. Such basement area of a one- or two-family dwelling may be improved with a room or rooms supplementing a dwelling unit located in above stories, but such improved rooms in a basement shall not constitute a separate and distinct dwelling unit, provided that the construction does not violate any other section of this chapter.
B.
Existing lots of record. Any lawfully created lot having an area or width less than that prescribed for a lot in the district in which such lot is located may nevertheless be used as a lot for a permitted purpose in that district, provided that:
(1)
The owner owns no adjoining land nor owned any adjoining land at the date of adoption of this chapter.
(2)
The lot has not less than 80% of the area and not less than 80% of the frontage required in the district in which located.
(3)
The required side yard for a lot having less than the minimum width may be reduced to not less than 80% of the required side yard and required total of both side yards required for the district.
(4)
In any district where residences are permitted, such undersized existing lot of record may be used for not more than one single-family dwelling.
C.
Projections into required yards.
(1)
Cornices, gutters and eaves may project into any required yard not to exceed two feet six inches.
(2)
Leaders, sills or similar structural features may project not more than one foot into any required yard.
(3)
Awnings serving a door or window may project into a required yard not to exceed three feet.
(4)
Bow or bay windows may project into a required yard not to exceed two feet.
(5)
A chimney, smokestack or flue may project into a required rear yard not to exceed five feet.
(6)
Open fire escapes may project four feet into any required side or rear yard.
(7)
Unenclosed balconies, porches, steps and decks.
(a)
Unenclosed balconies, unenclosed porches and unenclosed steps are not to exceed the sizes listed:
Yard | Maximum Projection (feet) | Maximum Area (square feet) |
|---|---|---|
Front | 4 | 50 |
Side (at least 7 feet) | 4 | 40 |
Rear | 4 | 50 |
(b)
An unenclosed deck may project into a required rear yard for a depth of 10 feet and a total area of 150 square feet, provided that such deck is not located closer than 10 feet to any other building or accessory building.
(8)
Patios may be located in the side or rear yard, provided that such patio is located no closer than three feet to a property line.
§ 300-12 Building lot to abut a street.
Every principal building shall be built upon a lot which has frontage upon a public street.
§ 300-13 Fences.
Fences may be located in any required yard subject to the requirements of Chapter 135, Fences, of the Code of the Borough of Palisades Park.
§ 300-14 Visibility at intersections.
Notwithstanding any other requirement of this chapter, for the purpose of minimizing traffic hazards at street intersections, on any corner lot, no hedge, fence, wall or other obstruction to vision between a height of 2 1/2 feet and 10 feet above the adjacent center line elevation shall be located within the triangular area formed by the intersecting street right-of-way lines and a line joining points each 25 feet distant from said intersection along said street right-of-way lines. Such requirement shall not pertain to street name signs.
§ 300-15 Accessory buildings and uses.
[Amended 12-9-2024 by Ord. No. 2024-17]
A.
An accessory building attached to the principal building shall comply in all respects with the requirements of this chapter applicable to the principal building except underground parking facilities as permitted in Article IV.
B.
An accessory building or use shall not be located in the front yard on any lot nor shall an accessory building be located within the side yard abutting a street in the case of a corner lot.
C.
An accessory building shall not be located closer than 10 feet to a principal building nor within six feet of another accessory building.
D.
No accessory building shall be used for dwelling purposes.
E.
Within any district designated as an AA District, an accessory building or use to a one- or two-family dwelling may be located in the required rear yard. No accessory building shall exceed a height of 1 1/2 stories. An accessory building to a one- or two-family dwelling shall not be located closer than four feet to any side or rear lot line except that this jurisdiction shall not prevent the building of common or joint private garages upon adjoining lots. An accessory building to a one- or two-family dwelling exceeding a height of 12 feet shall not be located closer than six feet to any side or rear lot line. Accessory buildings accessory to nonresidential uses in the AA District shall not encroach upon any required yard.
F.
Within any district designated as AA District, in the case of a through lot, no accessory building shall be erected or altered so as to encroach upon that 1/4 of the lot depth nearest each and every street.
G.
With any district designated AA District, no accessory building shall be located within five feet of the rear lot line or the side lot line when such line forms part of the front half of the side line of an adjacent interior lot or the front quarter of an adjacent through lot.
H.
Within any zoning district, no accessory building shall exceed a height of 1 1/2 stories in any district.
I.
Within the AA District, no swimming pool accessory to a one-family or two-family dwelling shall be placed nearer than six feet to any side or rear lot line or in any case nearer to a street than the principal building to which it is accessory.
J.
All accessory buildings or structures shall be computed with the principal building in determining the coverage of the land. Accessory structures accessory to a one-family or two-family dwelling shall not occupy more than 30% of the required rear yard.
K.
In any nonresidential district, no accessory building shall be located closer to any lot line than is required for the principal building on such lot.
L.
No accessory use shall be operated and no accessory building or structure shall be erected on any lot prior to the time of operation of the principal use or of the construction of the main building to which it is accessory, as the case may be.
M.
Any accessory use or accessory building or structure shall be located on the same lot with the principal use or building to which it is accessory, except that off-street parking may be located on another lot when specifically permitted by this chapter.
N.
Accessory dwelling units.
(1)
Purpose and intent. The Borough of Palisades Park Council finds and declares, but not limited to, that the purpose of this Subsection N is to:
(a)
Provide citizens with the opportunity to retain their homes, and to age in place, and create adaptive living environments for people living with disabilities.
(b)
Increase the supply of attainable housing within developed properties while putting minimal pressure on Borough services such as schools and infrastructure.
(c)
Integrate these housing units, subject to the terms described herein, within existing neighborhoods respecting the character of the neighborhood.
(d)
Provide flexible housing options for residents, in keeping with the goals of the Master Plan, that respond to changing family needs, smaller households, and increasing housing costs.
(e)
Codify the requirements and process to ensure that existing accessory dwelling units are legal and meet the Borough's safety codes.
(f)
Other possible health, safety, and welfare benefits.
(2) ACCESSORY DWELLING UNIT (ADU) LIVING AREA PRIMARY DWELLING UNIT ZONING OFFICER
Definitions.
Means a residential living unit on the same parcel as a one- or two-family dwelling with complete independent living facilities, including a kitchen and bathroom, for one or more persons. It may take various forms: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled dwelling. Does not include basements.
Means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
Means the original living unit in a one-family home and the larger living unit in a two-family home. The permissible size of an ADU will be based on the size of the primary dwelling unit.
Means the local official who is responsible for processing and approving or denying applications to develop ADUs.
(3)
Where permitted. ADUs shall be a permitted accessory use on lots containing one- and two-family dwellings in the AA Zone Districts.
(4)
Standards. Only one ADU shall be permitted on a lot located in the AA Zones in the Borough. Then, if the Zoning Officer finds that the following conditions have been met:
(a)
Either the ADU or the primary dwelling unit shall be the primary domicile of the person(s) who or entity that own(s) the property. In the case of a multi-family structure two-family home, the primary domiciles of the owner must be one of the dwelling units or the ADU.
(b)
No more than three persons shall occupy an ADU.
(c)
In no case shall the ADU's living area be more than 40% of that of the primary dwelling unit up to a maximum of 800 square feet; nor less than 300 square feet; nor have more than two bedrooms and no more than three rooms, excluding the kitchen and bathroom.
(d)
Detached ADUs shall comply with the requirements for accessory structures in the applicable zone district and the requirements as per the Borough of Palisades Park Zoning Code (Chapter 300).
(e)
All ADUs shall comply with existing Borough ordinances, zoning ordinances, and the New Jersey Uniform Construction Code (UCC) and related public, health, safety, and welfare regulations.
(f)
There shall be no more than one ADU per unit.
(g)
The ADU shall be used only for residential purposes for one- and two-family. ["Family" is defined as per the Borough of Palisades Park Zoning Code (Chapter 300).]
(h)
For adaptive reuse projects, ADUs that are fully handicapped accessible under New Jersey's Barrier Free Subcodes shall be granted an increase of 5% of the total maximum floor area allowed for the ADU.
(i)
For new construction, adherence to the New Jersey Barrier Free Subcodes is required.
(j)
An ADU that is attached to the principal one or two dwelling shall utilize the same complementary exterior materials and colors as the principal single-family dwelling. The ADU shall harmonize with the architectural and landscaping character of its neighborhood.
(k)
With respect to new construction, the external entrance to the ADU shall not face the same street as the external entrance to the principal dwelling unit if such external entrance to the ADU is visible from the street.
(l)
Short-term rentals shall not be permitted in ADUs. A "short-term rental" is defined as a rental of all or part of a residential dwelling for a duration of occupancy of less than 30 days. A minimum rental term of six months is required for tenants in ADUs.
(m)
At least one existing off-street parking space shall be provided for an ADU.
(n)
No window in an ADU that faces another residential property may be located within six feet of a property line.
(5)
Procedures.
(a)
A new ADU may not be created nor can an existing ADU be legalized until the Zoning Officer determines that it meets the following requirements for designation:
[1]
An application for a zoning permit on a form prescribed by the Borough of Palisades Park Construction Department is submitted with pertinent data such as the names and addresses of the owners, and an identification, by street number and lot and block designation, of the residence involved.
[2]
For detached ADUs and ADUs that involve construction of an addition, the application shall be accompanied by a recent survey of the property (within five years), prepared by a licensed engineer or land surveyor, depicting the boundaries of the lot and all existing structures and improvements on the property, as well as applicable county, state, and federal regulations.
[3]
The application shall also be accompanied by a proposed floor plan which shall be drawn by a licensed architect or engineer, if reasonably required by the Construction Official, depicting all proposed interior and exterior changes to the residence and ADU, including the relation of the ADU to the primary dwelling unit, the location of any proposed additional exterior doors, and any proposed modifications to the existing sanitary disposal system or water lines. All proposed changes and/or additions as continually noted herein must comply with the Uniform Construction Code (UCC).
[4]
Within 20 business days after the application for an ADU is deemed complete, the Zoning Officer shall schedule a meeting with the applicant. Within 20 business days from the meeting with the applicant, the Zoning Officer shall render a final decision and notify the applicant by regular mail and email whether the proposed ADU may be deemed permitted.
(b)
All ADUs must file a deed notice with the County Clerk clearly indicating the presence of the ADU and the limitations of its use.
(c)
A certificate of occupancy cannot be issued until the deed notice is filed.
(d)
If the Zoning Officer approves the proposed ADU, the applicant must commence construction within one year of the Zoning Officer's determination, or the Zoning Officer may revoke the permit. An applicant unable to commence construction of an ADU within said one year of the Zoning Officer's determination may appeal to the Zoning Officer for an extension of time for one year for good cause shown.
(e)
If the Zoning Officer denies the proposed ADU, the applicant may appeal the decision of the Zoning Officer to the Borough Zoning Board of Adjustment within 45 days of the receipt of the denial from the Zoning Officer. Thereafter, the appeal shall be deemed untimely.
(f)
Construction of the ADU.
[1]
The applicant constructing an approved ADU must comply with all existing procedures established by the Building Department regarding applications, permits, fees, and inspections, except that the applicant must schedule a final inspection with the Construction Official or his designated licensed inspector within 30 days from when construction of the ADU is complete. A copy of the lease must be provided if the ADU is being rented.
[2]
The Construction Official or his designated licensed inspector shall conduct a physical inspection of the primary dwelling unit and the ADU to determine whether the construction complies with the terms on which the approval was given. If the Construction Official and Fire Official determine that the construction complies with Borough ordinances and the Uniform Construction Code, (s)he shall issue a certificate of occupancy for the ADU upon the payment of a fee based on the current fee schedule for such issuance. If the construction does not comply with the terms of the approval, within five business days the applicant shall be sent written notification describing the non-compliance. The applicant may cure the non-compliant items and submit proof of compliance to the Construction Official and the Fire Official for reconsideration.
(g)
Owner's annual affidavit of continued compliance.
[1]
On or before January 1 of every year, starting with the first January following the issuance of the initial certificate of occupancy for an ADU, the owner to whom the certificate of occupancy was issued shall file an affidavit in the form prescribed by the Borough of Palisades Park Building Department, stating that there has been no change in the conditions upon which the ADU was originally approved and that the owner continues to reside in either the primary residence or the ADU.
[2]
If the owner fails to file the affidavit as herein required, the certificate of occupancy issued for the ADU shall automatically be revoked within 30 days, and the Construction Official shall so notify the owner and the tenant, if any, in writing, of the revocation.
[3]
Any continued occupancy of the ADU following notice of revocation of the certificate of occupancy shall subject the owner to a fine of $250 for the first 30 days in which the ADU continues to be occupied. Thereafter, the fine shall be up to $100 per day for each day that the ADU continues to be occupied, subject to a maximum of $3,000 for each subsequent 30-day period following the first month.
[4]
The certificate of occupancy for the ADU may be reinstated once the required affidavit is filed and approved by the Borough of Palisades Park Building Department.
(h)
Transfer of the property lot.
[1]
If the owner of the property in which an ADU is permitted transfers title to the property, the new owner shall apply, as herein, for a certificate of continued use of the ADU upon the terms and conditions contained herein. Such new application shall be filed within 60 days of the transfer of the property.
[2]
Upon the Construction Official determining that there have been no changes in condition, the Construction Official shall issue an amended certificate of continued use for the ADU upon the payment of a fee based on the current fee schedule for such issuance.
[3]
An ADU may not be sold independent of the primary residence.
[4]
When listing the property for sale with an approved ADU, the owner of the property shall disclose to all prospective buyers that the property contains an approved ADU housing condition.
[5]
The Borough shall confirm same on the certificate of continued use.
(i)
Inspections. As noted above, before the Borough's certificate of occupancy for the ADU is granted, the Borough Construction Official and Fire Official shall have the right to conduct inspections to determine compliance with the provisions of this Subsection N, as well as issuance of state work orders in case of non-compliance.
§ 300-16 Decks on residential structures.
§ 300-17 Awnings and canopies.
A.
All awnings and canopies attached to the ground or to a building shall be thoroughly and rigidly secured and shall be repaired and maintained as necessary to keep them secure, safe and free from causing any danger or damage to persons or property.
B.
No awning or canopy shall be erected or maintained so as to obstruct access to any fire escape, window, door, exit or standpipe or obstruct passage by either vehicular or pedestrian traffic on any public or quasi-public right-of-way.
C.
All canopies and awnings shall have a minimum clearance of seven feet, measured from the bottom of canopy or awning, and shall not project more than 18 inches in front of the building facade.
D.
A maximum of one awning may be placed upon the front facade of the building.
E.
A maximum of one canopy may be placed over the principal entrance to the building, provided that no awning is placed upon the front facade of said building.
§ 300-18 Buffer strips.
A.
Where the rear and/or side lot line of premises in B-1, B-2, M-1 or M-C Districts abut premises in a residential district, a buffer strip of at least 25 feet in width shall be maintained along such side and/or rear lot line in the B-1, B-2, M-1 or M-C District. Such buffer strip shall not be devoted to buildings or storage and shall be landscaped. Such buffer strip may be used for off-street parking, provided that no parking space is located within 10 feet of a lot in a residential district, and a fence, hedge or decorative wall is provided. Such 10 feet shall then be devoted to landscaping.
B.
In any case the Planning Board may require a fence, hedge or decorative wall along any side and/or rear lot line of premises in the B-1, B-2, M-1 or M-C District where such district abuts residential premises as part of its site plan review, when, in the opinion of the Planning Board, such fence, hedge or wall will afford protection and/or privacy to the residential premises.
§ 300-19 Community residences.
Community residences for the developmentally disabled and community shelters for victims of domestic violence shall be a permitted use in all residential districts, subject to the following:
§ 300-20 Child-care centers.
Child-care centers shall be governed by the following:
A.
Outdoor space requirements shall be as follows: For children in attendance for three or more consecutive hours, the center shall provide a minimum of 150 square feet of net outdoor space. When more than five children are using such a space at one time, there shall be 30 square feet of net outdoor space for each additional child in addition to the required minimum of 150 square feet.
B.
The proposed outdoor play area shall be designed with sufficient dimensions and orientation to enable its conversion to a parking area which would serve the building if it were occupied for an alternative permitted use. An applicant for a day-care facility shall be required to submit a sketch layout indicating the prospective conversion of play area to parking use, including the location of access aisles, stall dimensions, location of parking spaces and provision of an area for perimeter landscaping, as provided by ordinance.
C.
One off-street parking space shall be provided for every five children for which the center is designed to accommodate.
D.
Such facility shall comply with all applicable governmental requirements and shall be licensed by the New Jersey Department of Human Services.
E.
A child-care facility may be permitted to occupy an entire building or a portion of an existing building which is partially occupied by other uses, irrespective of any other ordinance limitations on the number of principal permitted uses allowed on a lot.
§ 300-21 Roof pitches.
§ 300-22 Security gates.
Security gates shall be permitted within the B-1, B-2, M-1 and M-C Zones, provided that they are installed on the interior of the windows and/or doors of a structure.
§ 300-23 Calculation of coverage.
The building area shall include the aggregate of the areas of all enclosed and roofed spaces of the principal building and accessory buildings. Such area shall be computed by using outside building dimensions measured on a horizontal plane. Unroofed patios shall not be considered as building area.
§ 300-24 Environmental constraints requirements.
A.
Purpose. It is the purpose of this section to protect the health, safety and welfare of the people and property within the Borough from improper construction, building and development in areas of poor environmental conditions.
B.
Applicability. This section shall apply to all applications for major site plan and subdivision approval.
C.
Critical environmental conditions. The following environmental conditions shall be considered to have a significant negative impact, and development densities shall be adjusted in accordance with the formulas which follow:
(1)
Flood hazard area: the stream or river channel and the predominantly level area abutting the channel as identified within the one-hundred-year floodplain line shown on the latest map prepared by the United States Department of Housing and Urban Development or any other stream corridor which meets the one-hundred-year floodplain design criteria as currently promulgated by the State of New Jersey Department of Environmental Protection.
(2)
Wetlands: any area identified on the maps prepared by the United States Army Corps of Engineers as a wetland or any area which exhibits soil and vegetation types which would require classification as a wetland using the criteria established by the United States Army Corps of Engineers.
(3)
Ponds or lakes: any body of water with a surface area exceeding 1/2 acre with a mean depth exceeding three feet.
(4)
Critical soils: all areas identified in the most recent edition of the Soil Survey of Bergen County. Where a discrepancy may exist between soil survey mapping and actual field conditions, a site-specific soils report certified by a soils engineer may be substituted, if said report is approved by the Borough Engineer.
(5)
Steep slopes: all areas which have a slope of 20% or more, measured between two-foot contour intervals on a recent topographic map of the site prepared by field survey, photogrammetric interpretations or other acceptable method at a scale of not less than one inch equals 100 feet.
D.
Density computations.
(1)
Residential zones. The minimum lot size and bulk requirements shall be as listed in the Schedule of Area, Yard and Bulk Requirements.[1] The permitted density of development shall be reduced for all areas of a development site containing any of the critical environmental conditions enumerated above in accordance with the following table. In cases where certain areas of the site have two or more of the conditions listed above, the reductions shall be governed by the most restrictive condition.
Critical Conditions | Density Adjustment1 (percent) | |
|---|---|---|
Flood hazard area | 100% | |
Wetland | 100% | |
Pond or lakes | 100% | |
Critical soil | 50% | |
Steep slope, 20% to 29% | 60% | |
Steep slope, 30% or more | 80% |
NOTES: | |
|---|---|
1 Apply the density adjustment factor to that portion of the site containing the above-noted environmentally sensitive features. |
[1]
Editor's Note: See Schedule II at the end of this chapter.
(2)
Nonresidential zones. The percentage of maximum lot coverage permitted for each zone shall be applied against the net lot area for any specific site calculated by reducing the gross lot area by percentages listed in the following table:
Critical Conditions | Density Adjustment1 (percent) | |
|---|---|---|
Flood hazard area | 50% | |
Wetland | 80% | |
Pond or lakes | 80% | |
Critical soil | 50% | |
Steep slope, 20% to 29% | 60% | |
Steep slope, 30% or more | 80% |
NOTES: | |
|---|---|
1 Apply the density adjustment factor to that portion of the site containing the above-noted environmentally sensitive features. |
§ 300-24.1 Landscaping requirements. [1]
[Added 12-18-2012 by Ord. No. 1586]
A.
Landscaping gravel and stone should be confined to planting/landscaping beds and is not for general use for complete yard coverage.
B.
Landscaping gravel and stone shall be maintained by the property owner.
C.
Landscaping gravel and stone shall be utilized and constructed in a manner that allows stormwater to permeate the ground, thus not increasing impervious surface coverage.
[1]
Editor's Note: Former § 300-24.1, Duplex buildings prohibited, added 5-16-1996 by Ord. No. 1239, was repealed 5-20-1997 by Ord. No. 1272.
§ 300-24.2 (Reserved) [1]
[1]
Editor's Note: Former § 300-24.2, Number of retail uses per tax lot, added 5-16-1996 by Ord. No. 1239, was repealed 4-19-2005 by Ord. No. 1443.
§ 300-24.3 Duplexes in AA Residential District.
[Added 3-16-2004 by Ord. No. 1426; amended 4-19-2005 by Ord. No. 1443]
Duplexes shall be allowed in District AA as permitted uses, providing the following provisions are met:
A.
The lot must have a minimum fifty-foot frontage and a minimum lot area of 5,000 square feet.
B.
The minimum front yard setback shall be 25 feet, or the front yard setback may be the average of the existing setback of residences on the same side of the street within the same block, except that the setback in no case need exceed 35 feet nor shall be less than 20 feet.
C.
The minimum rear yard setback shall be not less than 25 feet.
D.
The minimum side yards must total no less than 12 feet and each side yard not be less than six feet. On any lot in excess of 50 feet in width, each side yard shall be increased by 1/3 of such excess.
E.
The maximum building height shall not exceed 28 feet measured from the grade plane to the average height of the highest roof surface. A foundation location survey prepared by a land surveyor licensed in the State of New Jersey shall be submitted to the Construction Official prior to backfilling and shall show all building corners of the foundation along with the surveyor's certification as to the total square foot area of the foundation footprint.
F.
In no case may the foundation footprint of a duplex exceed 2,500 square feet regardless of the size of the building lot. Cantilevers and/or building projections other than those listed in the Code of the Borough of Palisades Park, Chapter 300, Article III, § 300-11C are to be considered as an integral part of the foundation footprint.
G.
The duplex home must contain a minimum of two two-car garages for a total of four-car parking in enclosed garages.
H.
The driveway to all garages must be constructed to accommodate additional off-street parking spaces measuring not less than nine feet wide by 18 feet long for each car so as to total eight off street parking spaces when combined with the enclosed garages.
I.
Prior to the issuance of a building permit, the applicant shall remit a nonrefundable fee of $1,000, payable to the Palisades Park Tree Preservation Fund, which is to be specifically earmarked for the planting of a new tree or trees or the removal of an old tree or trees at a location or locations so determined by the Environmental Commission, which location may or may not be in the location of the duplex homes, within the sole discretion of the Environmental Commission.
J.
Duplex homes shall be permitted to be constructed on corner lots subject to the following conditions:
(1)
The lot frontage shall be established as the street side of the shorter lot dimension regardless of the location of the main entrance.
(2)
The lot must have a minimum of fifty-foot frontage and a minimum lot area of 5,000 square feet.
(3)
The minimum front yard setback shall be 25 feet, or the front yard setback may be an average of the existing setbacks of the residences on the same side of the street within the same block, except that the setback in no case need exceed 35 feet nor shall it be less than 20 feet.
(4)
The minimum rear yard setback shall be not less than 25 feet.
(5)
The maximum building height shall not exceed 28 feet measured from the grade plane to the average height of the highest roof surface.
(6)
In no case may the foundation footprint of a duplex built on a corner lot exceed 2,500 square feet.
(7)
The side yards shall be set back 15 feet on the street side and five feet on the opposite side.
(8)
The driveways shall measure not less than nine feet in width and 18 feet in length per each car.
(9)
Each corner lot shall establish and maintain a "sight triangle" measuring 25 feet in both directions along the public right-of-way lines for both streets. There shall be no construction, including but not limited to fences, hedges, plantings or obstructions, within "sight triangles" of any kind which exceed 18 inches in height when measured from the level of the center of the streets.
K.
Unenclosed balconies, unenclosed porches and/or unenclosed steps may project into a required side yard not to exceed three feet on all duplexes, except no projection shall be permitted on the five-foot side yards of duplexes situated on corner lots.
L.
Each individual dwelling unit shall have separate facilities, such as water, sewer, gas, fire, alarm systems and/or electric, and may not be connected to, tied into or joined with the adjacent dwelling unit at any point from the building to the point of origin of such facility in the street or wherever.
M.
Site drainage. All on-site stormwater runoff whether from driveways, roofs, surface water, roof leaders or any other on-site sources shall be directed by underground piping to such stormwater facilities as may be located in the street or other public rights-of-way. If no such public facilities are available, then all such on-site stormwater runoff shall be directed by underground piping into seepage pits installed onsite for that sole purpose. The size, capacity, location and construction of all such seepage pits shall be designed by a New Jersey registered architect or New Jersey licensed engineer and shall be submitted to the Borough Engineer for approval as a condition precedent to the issuance of a building permit, In no case may on-site stormwater be directed onto any neighboring or adjacent properties. The applicant for a construction permit shall be required, in addition to any other permit fee, to pay the sum of $250 to the Building Department for such review and inspection of all such seepage pits.
N.
Retaining walls. Retaining walls where needed to raise the adjacent grade shall not be permitted to exceed four feet above the low side. In the event said retaining wall when constructed to a point four feet above the low side proves insufficient in height to establish the required grade, a second retaining wall may be constructed to a point three feet above the low side and parallel to the first retaining wall but the space between said walls shall not be less than six feet.
O.
Guards. Where retaining walls with difference in grade level on either side of the wall in excess of three feet are located closer than two feet to a walk, path, parking area or driveway on the high side, such retaining walls shall be provided with appropriate guards measuring not less than three feet in height.
P.
Fences. Where fences are constructed along or close to property lines, such fences shall be situated so that the finished side shall face neighboring or adjacent properties. In the case of chain link fencing, the fabric side shall face neighboring or adjacent properties and, in the case of wood fencing, the supporting posts and back rails shall not face the neighboring or adjacent properties. Agricultural-type fencing materials (barbed or mesh wire, etc.) shall not be allowed anywhere.