Zoning Map Amendments:

Ord. No. 19-13: Deleted the PRC Planned Recreational District from Zoning Districts list and added HI Hybrid Industrial District; deleted PRC label from the zone and added HI label to the zone (note there is only one location on the map that has the PRC zoning district).

No accessory building or structure shall be built on any lot on which there is not a principal building or structure.

No trailer or mobile home shall be used in any zone district as an accessory building or structure.

No accessory building or structure shall have a ground floor area greater than 50% of the ground floor area of the principal building or structure on the same lot.

No accessory building or structure shall be permitted in a front yard.

Residential districts.

Nonresidential districts.

Screening and buffering shall be as specified in § 190-161.

Private swimming pools shall be fenced as specified in § 190-16J.

No fence or wall shall be located within a clear sight triangle.

All buffers shall be a minimum of 10 feet in width.

No construction shall occur within any buffer area except for the following, if specifically approved by the Board:

No removal of existing vegetation shall occur in any buffer unless said removal is in conjunction with construction or selective thinning of trees approved by the Board and subject to local ordinance requirements.

All screens shall be shown on the landscape plan.

Where nonresidential uses abut residentially zoned lots, and where existing vegetation within the buffer does not provide adequate screening, screening shall be provided in accordance with the above, unless the Board shall determine that, because of the design of the site, screening is not necessary.

Required screens shall not be subject to the height limitations applicable to fences.

All parking areas shall be effectively screened with plantings consisting of continuous or dense evergreen hedge or other dense shrubbery or by means of walls or fencing on any side which abuts or faces a residential zone.

Screens shall be at least six feet in height and shall be permanently maintained by the property owner to ensure continued effectiveness.

No private swimming pool, or associated structures, shall be permitted in any front yard. Pools must meet the accessory structure side yard setback for the zone district in which the lot is located.

If located in the side yard, no part of a private swimming pool, or associated structures, shall be closer to the side property line than the required side yard setback for a structure for an accessory use.

On corner lots, no part of any private swimming pool, or associated structures, shall be constructed within the front yard requirement of either street.

No private swimming pool shall be closer than 15 feet to any on-site sanitary disposal system or part thereof, provided that this requirement shall not apply to any property which is served by and connected to a public sanitary sewer system.

The owner shall furnish a survey by a licensed surveyor or engineer.

No pool shall be closer than 12 feet to any accessory or principal building.

Notwithstanding any other language in the Code to the contrary, swimming pools are provided with a separate maximum coverage percentage of 20% apart from building coverage.

A trailer may be set up for use in connection with a construction project in any zone for a period not to exceed 90 days, provided that an occupancy permit therefor has been obtained from or reissued by the Construction Official, who is hereby authorized to issue such permits. Any violation of any provisions in this chapter, or the provisions of any ordinance, shall void said permit and a trailer may be subject to immediate removal from the Borough and such other actions the governing body may consider necessary.

Parking or storage restricted; use as dwelling prohibited. No person shall park or store a mobile home, trailer or recreational vehicle as defined herein in Article II in the open on any street, highway or other public place within the Borough of Pompton Lakes or on any lot or tract of land therein, whether occupied or unoccupied except that any such structure or vehicle may be parked in a garage or parked or stored by the owner thereof as hereinafter set forth. No such structure or vehicle, while stored or parked as permitted in this section, shall be occupied or used for dwelling purposes.

Under no circumstances shall any such structure or vehicle, other than any construction trailer actually used in conjunction with construction upon construction sites, be used for dwelling purposes, human habitation or occupancy of any kind or nature; nor shall the same be connected to any water main, sewer, gas, electric or other utility. Trailers used in connection with construction shall receive a trailer permit to park from the Construction Official who shall have reasonable discretion to regulate the place of parking, use, location and length of stay.

No mobile home, trailer or recreational vehicle shall be parked in the front yard of any residential dwelling. Whenever possible, all such vehicles shall be parked and stored by the owner thereof in that half of the rear yard closest to such primary structure of the dwelling and then only in such fashion that no part of such structure or vehicle shall project beyond the outside walls of the dwelling or above the highest point of the lowest roof thereof. The Construction Official or Zoning Official shall have authority to determine when it is not possible to park said vehicle or trailer in the rear yard or whether, because of topography, property layout or other aesthetic considerations, it is more feasible to park as otherwise provided herein. In such cases, the trailer or vehicle may be parked or stored in the other half of the rear yard or in the side yard, but no such trailer or vehicle shall be parked or stored in such manner as to violate the side yard requirements for the zone district in which the dwelling is located.

All mobile homes, trailers and recreational vehicles not stored in an enclosed garage shall be reasonably screened. Screening may consist of trellis, latticework, decorative block, basket weave fencing, open artistic block or other similar material at least four feet in height, approved by the Construction or Zoning Official, or may be shrubbery at least four feet in height. All screening shall be maintained as originally approved. If the screening is not so maintained, any permit granted is subject to revocation by the Construction or Zoning Official. All screening shall also conform to any other Borough ordinance, including those concerning fences. The requirements of this subsection shall not apply to a construction trailer.

No motor home, trailer or recreational vehicle shall be parked, placed, kept or maintained on any lot or tract other than the lot upon which the principal residence of the actual owner of the same is located.

Any motor home, trailer or recreational vehicle parked or stored in accordance with the terms of this chapter must:

Temporary parking. Any provision of this section notwithstanding, a trailer may be parked, placed or located off the street for a period not to exceed 48 hours while engaged in the process of loading or unloading; and any motor home, trailer or recreational vehicle may be parked in a driveway from sunset to sunrise the following morning where such structure or vehicle is then being used for recreational purposes.

Temporary parking for transients. Transients and visitors to the Borough may park trailers in a driveway, side or rear yard of an occupied dwelling for a period of time not to exceed 10 cumulative days, provided that such transient or visitor makes immediate application to the Construction or Zoning Official for a permit to park on the premises of the occupied dwelling. Not more than one such permit shall be issued to any one owner or operator in a twelve-month period. No permit shall be granted unless the parking is without charge therefor.

Emergency parking or stopping. Emergency or temporary parking or stopping of a motor home, trailer or recreational vehicle is permitted on any street or highway within the Borough for not longer than one hour subject, however, to any other and further prohibitions or limitations imposed by the traffic and parking regulations for that street or highway.

Exceptions. Anything herein to the contrary notwithstanding, a trailer may be temporarily parked or stored in the open in connection with:

Any signs not specifically permitted are hereby prohibited.

No signs, except special event signs, shall be placed on private or public property except for the purpose of identifying a use or uses actually conducted upon the premises upon which such signs are erected and for no other purpose.

No sign shall be located in such a manner as to materially impede the view of any street or intersection.

Except where otherwise provided, no sign, or any part thereof, shall be located closer than 10 feet to any lot line.

All height limitations shall be measured from ground level to the highest part of the sign or its supporting structure, whichever is higher.

Signs erected flat against the side of a building shall not extend above the height of the vertical wall or cornice to which they are attached.

No permanent marquees or canopies shall extend over a required front yard or over a public walk.

Whenever a parcel is bordered by more than one street, additional signage may be permitted by the Board, in accordance with the standards of this subsection, for each major street upon which the parcel fronts.

All illuminated signs shall be either indirectly lighted or of the diffusely-lighted-type. No sign shall be lighted by means of flashing, revolving or intermittent illumination. All lights used for the illumination of any use or building or the areas surrounding them or for the illumination or display of merchandise or products shall be completely shielded from view of vehicular traffic using any public thoroughfare.

Temporary construction signs used as accessory to new construction or alteration on the premises are permitted only after a construction permit for said construction and sign has been issued; provided, however, that said temporary sign shall not be larger than 32 square feet and must be removed either prior to the issuance of a certificate of occupancy for said construction or within seven days of the completion of the alteration or renovation.

Real estate signs are permitted without a permit in all zones, provided that each complies with all of the following requirements:

Signs deemed necessary to the public welfare by the Borough, including but not limited to customary "no trespassing" and traffic or circulation directing signs, are permitted without a permit in all zones. Such signs shall not pertain to any company, individual or business establishment or organization, fraternal or otherwise.

A sign not more than eight square feet in area advertising the name of a church on the church premises, its pastor and its coming activities is permitted in all zones.

One nonilluminated temporary sign of not more than eight square feet in area announcing a political campaign shall be permitted. Such signs shall be removed within 48 hours following the election to which they pertain.

All signs shall conform to the structural requirements of the New Jersey Uniform Construction Code.

Freestanding signs shall be supported by posts or pylons of durable materials which may include concrete, steel, treated wood, other suitable materials or any combination of the same. Supports for freestanding signs shall be set securely in the ground or concrete so that the sign will be capable of withstanding high winds. No other bracing or guy wire shall be permitted.

Any sign attached flat against the surface of a building shall be constructed of durable material and attached securely to the building with nonrusting metal hardware. When a sign is to be installed on a masonry building, holes shall be drilled in the masonry, and proper nonrusting hardware of the expansion type shall be used. The use of wood or fiber plugs is prohibited.

For single-family dwellings, one nameplate sign or a customary sign for permitted uses as conditional uses, not more than two square feet in area; provided, however, that no sign shall be placed within 10 feet from any property line nor may it be an electrified or an internally lit box-type sign.

Signs in connection with each housing or land development as follows:

One facade sign may be placed or inscribed upon the front facade of a building for each permitted use or activity. Said signs shall not exceed an area equal to 10% of the front wall area of the building or portion thereof devoted to such use or activity, and the sum of the area of all facade signs shall not exceed 10% of the total front wall area. Businesses located in corner buildings are permitted one sign for each street frontage.

One freestanding sign not exceeding 15 square feet in area nor 10 feet in height shall be permitted; provided, however, that where more than one use exists in a building, or where two or more buildings share common site elements or are located on the same lot as indicated on an approved site plan, only one freestanding sign shall be permitted. No freestanding sign shall be located in an area within 25 feet of any boundary of a residential zone.

Signs are permitted in the window of any business located in the B-1, B-2, DBD-1, DBD-2, GWD, CBR and HI Zone Districts. The total sign area for signs in the window shall not exceed 30% of the area of the face of the window upon which said sign is attached, including the windows of glazed doors. Door signage shall be limited to information related to store hours, address and credit card information which is accepted for payment.

One freestanding sign advertising the name of the station and the principal products sold on the premises, including any special company or brand name, insignia or emblem and price information, provided that the total area of such sign shall not exceed 90 square feet in area on each side and that each component of such sign shall not exceed 50 square feet. Such sign shall be placed not less than 10 feet within the property line, and no portion of said sign other than supporting members shall be less than 10 nor more than 25 feet above the ground.

No permit for a freestanding pylon sign shall be issued unless two sets of detailed plans of the sign, structure and foundation have been submitted and approved by the Board. Such plans shall show the wind resistance calculations and shall bear the signature and seal of an architect or professional engineer registered in the State of New Jersey.

Facade signs for each face of the building fronting on a road or street not in excess of 10% of the wall area or 15 square feet, whichever is the lesser.

Directional signs or lettering displayed over individual entrance doors or bays or pumps, consisting only of the words "washing," "lubrication," "repairs," "mechanic on duty," "fuel," "diesel" or other words closely similar in import, provided that there shall be not more than one such sign over each entrance, bay or pump, the letters thereof shall not exceed 12 inches in height, and the total area of each sign shall not exceed three square feet.

Customary lettering on or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of gasoline sold, lead warning sign, a price indicator and any other sign required by law and not exceeding a total of two square feet on each pump.

One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that such sign does not exceed six square feet in area.

No streamers, signs or any other article shall be attached to any permitted sign or sign structure.

Signs using red, yellow and green lights which might be confused with the operation of any traffic control signal.

Moving or revolving signs and signs using blinking, flashing, vibrating, flickering, tracer or sequential lighting.

Signs using neon lights or any material which sparkles or glitters, but nothing herein contained is intended to prohibit the use of reflective paint on signs directing traffic or identifying various locations within a lot or parcel.

Any sign which unreasonably tends to distract drivers or otherwise constitutes a traffic hazard.

Roof signs.

Signs or advertising matter of an indecent or obscene nature.

Signs using words such as "stop," "look," "danger," etc., which are placed in a manner or position which constitute a traffic hazard or otherwise interfere with the free flow of traffic.

Signs which attempt to imitate or otherwise cause confusion with existing signs erected by any governmental board, body or agency.

Except where specifically permitted, signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premises and any other signs unrelated to the premises on which the sign is erected.

Signs causing interference with radio or television reception.

Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.

Signs placed on awnings, trees, fences, utility poles, light poles; signs attached to other signs; and signs placed upon motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign; but nothing herein contained is intended to prohibit the placement of signs directing traffic or identifying various locations within a lot or parcel on light poles and utility poles erected therein.

Any series of two or more signs placed along a street or highway carrying an advertising message, part of which is contained on each sign.

A sign on a motor vehicle, truck or trailer, whether or not operational and whether or not self-propelled, which is used or parked or designated to be parked for advertising purposes. Specifically exempted from this section are those signs, nameplates or letters affixed to or printed upon commercial vehicles regularly used in the course of business for regular deliveries, pickups or other such purposes and/or in compliance with the provisions of N.J.S.A. 39:4-46. Specifically included are signs on vehicles, trailers and the like which have as their prime purpose the advertising of goods, wares, or services of a business which are maintained in a stationary manner at one or more locations for extended periods of time.

Nonilluminated directional signs identifying parking areas, loading zones, entrances, exits and similar locations. The signs may include a business name or professional name, but shall not include any advertising message and shall not exceed three square feet.

Temporary and permanent traffic signs and signals installed by the Borough, county or state for the purpose of directing and regulating the flow of traffic.

Signs indicating public transportation stops when installed by the Borough or a public transportation utility.

Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six square feet in area and which are installed by government agencies or civil or religious organizations.

Warning and nontrespassing signs not exceeding three square feet in area.

Flags or emblems of religious, educational, civic or governmental organizations flown from supports on the buildings or grounds occupied by the organization and the American flag whenever and wherever flown in accordance with the laws and rules promulgated by the federal government.

Name and number plates identifying residents and affixed to a house, apartment or mailbox not exceeding 72 square inches in area.

Lawn signs identifying residents not exceeding two square feet in area for each side. The signs shall not contain any advertising message and shall be nonilluminated except by a light which is an integral part of a lamppost if used as a support.

Signs posted by governmental agencies or pursuant to governmental statute, order or regulation.

Signs which are an integral part of vending machines, including gasoline pumps and milk machines, provided that they do not exceed two square feet in area.

Protect residential zones and uses from the potential adverse impacts of wireless telecommunications towers, facilities and equipment;

Require the location of new wireless telecommunications towers, facilities and equipment in specific locations within the Borough;

Minimize the number of wireless telecommunications towers in the Borough exceeding 60 feet in height;

Encourage collocation of new antennae on existing towers and structures located on Borough property; and

Require the use of stealth technology for all new towers or antenna locations through innovative design, siting and camouflaging techniques.

Existing lawful structures.

Antennae on existing towers. An antenna may not be attached to an existing tower owned by the Borough of Pompton Lakes in any zone unless a license or lease authorizing such placement of personal wireless telecommunications facilities has been approved by the Mayor and Council of the Borough of Pompton Lakes. If approved by the Mayor and Council of the Borough of Pompton Lakes, such existing tower shall be considered a first priority location for the placement of personal wireless telecommunications facilities. To minimize the visual impact associated with the proliferation and clustering of towers, collocation of one or more providers' antennae on an existing tower takes precedence over the construction of new towers, subject to the following collocation requirements.

New tower construction.

Stealth requirements. Applicants are required to use the latest stealth or camouflaging techniques to either make a tower appear to be a tree of native species to blend in with surrounding trees, other types of stealth structures or to be completely concealed by placement within an existing structure.

Pole type. Monopole or stealth tower construction shall be used in all new tower construction. Lattice-type structures and/or guy wires shall be prohibited.

Noise. Noise levels at any property line shall not be more than 50 decibels.

Annual report. Upon issuance of a building permit for a wireless telecommunications tower site, the owner or operator of the site shall provide to the Secretary of the Borough Planning and Zoning Boards, an initial report signed and sealed by a licensed professional engineer certifying the estimated useful structural life of the tower, if any, as well as providing an initial inventory of all equipment and facilities on the site. After 50% of the useful structural life of a tower has lapsed, annual recertification reports as to the structural integrity of the tower shall be required. An updated report shall also be provided whenever antennae arrays are modified and shall include a detailed listing of all antennae and equipment. All vendors and lessees shall also be required to notify the above Borough official when the use of such antennae or equipment is discontinued. If any of the reports disclose that a condition of any site presents an imminent hazard to the public health, safety or welfare, or that the tower facilities and equipment are no longer in use, the owner shall and the Borough Engineer or Zoning Officer may order in their discretion that the owner take appropriate corrective action including, if necessary, the removal of the tower, facilities or equipment to protect the public health, safety and welfare. Wireless telecommunications towers, facilities and equipment shall be maintained to insure continued structural integrity. The owner of the site shall also perform such other maintenance of the structures and of the site so as to assure that it does not create a visual nuisance.

Abandonment. In the event a wireless telecommunications facility is abandoned or not operated for the use as approved for a period of one year, the same shall be removed, at the option of the Borough, and at the sole expense of the operator. In no event may a wireless telecommunications facility be used for a purpose other than its initial approved use. As a condition of construction of the wireless telecommunications facility, the owner of the facility shall provide to the Borough of Pompton Lakes an irrevocable standby letter of credit to pay for the cost of removal in the amount of $50,000 in a form similar to that annexed hereto.[2]

Signs. No signs shall be permitted on any tower, equipment or facility, except for those signs required by law or containing such information as owner contact information, warnings, equipment information and safety instructions. These signs shall not exceed two square feet in total area. Commercial signs shall be prohibited on all wireless telecommunications towers, facilities and equipment.

Lighting. Site lighting shall be oriented inward towards the site to avoid off-site impact. No tower lighting, except regulatory lights required by federal laws, shall be permitted.

RF radiation. The applicant shall comply with the New Jersey Radiation Protection Act[3] and regulations and any other federal or local regulations in effect. The applicant shall demonstrate compliance with such standards.

Multiple towers. Any prohibition contained in any ordinance restricting the number of principal uses per lot shall hot apply to the construction of wireless telecommunications towers, facilities and equipment when the conditions contained in this subsection are met. The minimum setback distance between structures shall not apply to wireless telecommunications towers, facilities and equipment.

Site location analysis. Every application for a wireless telecommunications tower, facility or equipment shall include a site location alternative analysis, including an analysis of the location priorities set forth in this subsection, describing the locations of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the providers service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:

Site plan approval. In addition to the applicable documentation and items of information required for major site plans within the Pompton Lakes Land Use and Zoning subcode, the following additional documentation and items of information shall be required as part of any personal wireless telecommunications facility application:

Experts. The approving authority reserves the right to retain, at the applicant's expense, any technical consultants as it deems necessary to provide assistance in the review of site location alternatives analysis and specifications. By submitting an application for a wireless telecommunications tower, facility or equipment, the applicant is aware of this procedure.

Access. Any access to a wireless telecommunications facility shall conform to the driveway provisions of the Pompton Lakes Borough Land Development Subcode.

Off-street parking. One off-street parking stall shall be required.

Satellite or dish antennae. The construction of any dish antennae or other similar antennae or device shall be constructed as to provide the smallest diameter possible to effectuate communications.

Downtown District, DBD-1.

Downtown District, DBD-2.

Cannonball Road, CBR District.

Hybrid Industrial District, HI District.

That departure by the proposed development from zoning regulations otherwise applicable to the subject property in the district conforms to the standards for planned commercial developments as provided in this chapter;

That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate. The following open space requirements for planned developments as specified in N.J.A.C. 40:55D-43 shall be met:

That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;

That the proposed planned commercial development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;

In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

All lots shall have frontage on a public street, except that lots for residential uses other than detached single-family residential uses may have access from a private street, as approved by the Board.

All public streets shall be located in a right-of-way dedicated to the Borough and having the following minimum widths, measured from lot line to lot line, unless another width is specifically recommended in an adopted element of the Master Plan or on an adopted Official Map for the Borough:

Developments that adjoin or include existing public streets which do not conform to the above required right-of-way widths shall dedicate the required additional width along one or both sides of said street. If development is proposed along one side of the street only, then 1/2 of the required extra width shall be dedicated.

Residential developments for other than detached single-family residential uses may include private streets.

No site plan or subdivision controlling access to streets shall be approved except when the control and disposal of said land controlling access has been placed with the Borough or unless a protective deed restriction has been approved by the Board.

The applicant shall demonstrate, prior to final approval, a means to maintain the streets. The Board shall require a maintenance agreement. This agreement shall include the Borough's right to enter the premises to make repairs and/or conduct other necessary maintenance. The cost for such repairs and/or maintenance by the Borough shall be paid by the property owner(s) and shall include all legal, administrative, clerical, planning and engineering costs associated with the work.

The arrangement of streets shall be such as to provide for the extension of existing streets.

Private access to nonresidential uses shall not be through a residentially zoned lot or lots.

The approval by the Board of any map or plat delineating streets shall in no way be construed as an acceptance of any street indicated thereon.

Subgrade. Topsoil shall be stripped from the proposed road bed for the entire width of pavement, shoulders, gutters, curbs, sidewalks or other required improvements. All unsuitable material shall be removed. The subgrade shall be compacted to a density of not less than 95% under optimum moisture conditions. All embankments shall conform to current New Jersey State Highway Specifications, as amended.

Pavement materials. The quality of surfacing and base materials used shall adhere to the minimum standards set forth by the county or state when said street is within their jurisdiction. For streets under the jurisdiction of the Borough, the following standards shall apply:

Pavement width shall be as follows:

The Board may approve a reduction in the pavement width as follows:

Curbing for Borough streets shall be granite block with a six-inch curb face on all streets except on arterial streets, which shall have an eight-inch curb face. However, on streets under the jurisdiction of the county or state, curbing shall be in accordance with the requirements of the appropriate authority.

An alternate form of curbing may be approved by the Board if the applicant can demonstrate to the Board's satisfaction that no loss in the useful life of the curbing and no increase in maintenance costs will occur. On private streets, the Board may waive the requirements for curbing if the applicant can demonstrate that no adverse impact will occur to the pavement, that drainage will not be impaired and that the drainage system and facilities can easily be maintained.

On Borough streets, other than minor streets, and on private streets, the Board may waive the requirements for curbing if the street is specifically designed for construction without curbing, if drainage will not be impaired, if there will be no adverse impact to the pavement, if the drainage system can easily be maintained and if it can be shown that any increased cost in maintenance will be offset by the overall improvement in road design.

Sidewalks shall be installed along Borough streets in all developments in order to ensure safe pedestrian movement within the development and into adjacent areas. Additionally, sidewalks shall be installed in all areas wherever pedestrian traffic is anticipated to occur such as between parking areas and buildings or between buildings. Sidewalks shall be four feet wide and constructed of four-inch-thick Class B concrete, as specified in the New Jersey State Highway Specifications, as amended.

The Board may waive or modify the requirements for sidewalks if it is demonstrated by the applicant that adequate provision for pedestrian circulation has been provided through such methods as pedestrian paths, except that sidewalks may still be required along principal routes to schools.

Driveway aprons shall be constructed between the curb (or edge of pavement) and the sidewalk or, in the absence of a sidewalk, for a distance of four feet back from the curb (or edge of pavement). The standard for materials shall be six inches of Class B concrete as specified in the New Jersey State Highway Specifications, as amended.

Maximum: 10%.

Minimum: 0.5% to 0.75%.

Positive drainage shall be provided to drain surface water runoff from the roadway pavement.

A five-foot shoulder with a 5% cross slope shall abut the edge of pavement.

All swales shall be designed to carry a twenty-five-year-frequency storm for the drainage area served.

Drainage swales shall have a maximum side slope of three to one.

All swales shall have a minimum grade of 0.5% to prevent silting and a maximum slope that will prevent erosion. Paved inverts and/or energy dissipaters may be required.

The invert of all swales shall be a minimum of three inches below the pavement section.

All swales shall be hydro seeded or similarly treated to ensure a stable erosion control surface immediately after construction.

The street right-of-way shall be widened to include all drainage swales where Borough maintenance of such swales will be required to ensure that the drainage system will function in a manner that protects the pavement from stormwater infiltration.

All driveways shall be minimum of 10 feet for one-way operation and 24 feet for two-way operation in width and shall be constructed of at least four inches of compacted subbase material and two inches of three-eighths-inch roadway stone or comparable material. Where driveways adjoin paved parking lots, these driveways shall be paved to the same standards as the parking lot. Aprons shall be provided in accordance with the provisions of this chapter.

Driveway grades shall not exceed 10% at any point along the entire length of the driveway. In addition, the driveway grade shall not exceed 8% for a distance of 15 feet from the curbline, and a transition curve shall be provided between said 8% grade and any increase in grade.

The side slopes of driveways shall be topsoiled, seeded, fertilized and mulched or otherwise stabilized to prevent erosion. If banks exceed a two to one slope, and the slope face is not stable rock, retaining walls shall be constructed in a manner approved by the Borough Engineer.

No driveway shall be located within five feet of a side lot line unless it is a common driveway for an attached duplex or multifamily dwelling. No driveway pavement area shall be wider than 1/2 the width of a lot.

All off-street parking shall be paved with a minimum of 1.5 inches of bituminous concrete (FABC) placed on top of a minimum of 3.5 inches of stabilized base and a minimum of four inches of compacted subbase, Type 5A, or an equivalent as approved by the Borough Engineer.

All parking and loading areas shall be curbed with granite block or concrete curbing constructed to Borough standard specifications unless the applicant can demonstrate that elimination of the curbing will not decrease the useful life of the pavement, have a negative effect on drainage or increase maintenance costs.

All parking and loading areas shall have a convenient means of ingress and egress.

If a parking lot has an area of less than 8,000 square feet, an area equal to 5% of the lot shall be maintained as open space. If a parking lot has an area of greater than 8,000 square feet, an area equal to 10% of the lot shall be maintained as open space. Said open space shall be within the perimeter of the lot and shall be appropriately planted or designed for the retention of existing trees. All plantings shall be protected by curbing, bumpers or bollards. Within any parking area there shall be at least one two-and-one-half-inch diameter at breast height (dbh) caliper or larger shade tree for each 10 spaces.

All portions of the property not used for off-street parking, loading or access shall be attractively landscaped with lawns, trees and shrubs as approved by the Board. Parking areas visible from a street shall, through the use of landscaping, be intermittently screened.

Striping and directional and traffic safety signs shall be provided throughout the parking, loading and circulation areas in accordance with the Manual on Uniform Traffic Control Devices.

All lighting shall be so arranged and shielded to reflect light downward and away from adjoining streets and properties.

The entire development shall be landscaped in accordance with an approved landscaping plan. Landscaping shall include items having an effect on project safety, habitability and appearance such as:

The project shall be landscaped so as to best adapt the site to the intended use, to control the project's environmental impact and to enhance the appearance of the project, both on-site and from the surrounding area.

Plant material: American Association of Nurserymen's American Standard for Nursery Stock, current edition.

Ground Cover: New Jersey State Soil Conservation Committee's Standards for Soil Erosion and Sedimentation Control in New Jersey, current edition.

The development plan shall show the total number of off-street parking spaces required for the use or combination of uses indicated in the application. The schedule below represents standards acceptable to the Borough. Since a specific use or combination of uses may generate a parking demand different from those enumerated below, documentation and testimony may be presented to the Board as to the anticipated parking demand. Based upon such documentation and testimony, the Board may:

Off-street parking requirements for residential uses shall be as follows:

Off-street parking requirements for nonresidential uses shall be as follows:

General requirements.

Residential zones.

Nonresidential zones.

If any applicant can clearly demonstrate to the Planning Board that, because of the nature of his operation or use, the parking requirements of this subsection are unnecessary or excessive, the Planning Board shall have the power to approve a site plan showing less paved parking area than is required by this subsection; provided, however, that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved for the purpose of meeting future off-street parking requirements in the event that a change of use of the premises shall make such additional off-street parking space necessary. Anything in this subsection to the contrary notwithstanding, no certificate of occupancy shall be valid except for the particular use for which it was issued, and any change on any premises previously improved under this subsection shall only be permitted after a new site plan shall have been submitted to and reviewed and approved by the Board. All parts of any yards not used for off-street parking area shall be adequately landscaped, subject to approval by the Board and maintained in good condition.

Number of spaces. In all zone districts, for every building, or part thereof, hereafter erected which is to be occupied for manufacturing, storage, display of goods, retail sales, wholesale or warehouse, market, hospital for humans, laundry, dry-cleaning establishment or other use requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such use at least one off-street loading space.

Location. Loading areas shall be located in side or rear yards only and shall be designed so that no portion of a vehicle shall extend over a public right-of-way during loading or unloading activities.

No part of an off-street loading space shall be nearer than 25 feet to any property line.

Elimination of anti-vandalism horns on equipment shall be required.

Work hours are limited to 7:00 a.m. to 5:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday. No work shall take place on Sunday or holidays except on an emergent basis as determined in the sole discretion of the Borough Administrator, Borough Engineer, Construction Official or Zoning Officer. The following are the holidays to be observed: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. The applicant shall maintain personnel on site to whom incidents of non-disturbance may be reported and said personnel shall be authorized to take measures to minimize any disturbance immediately.

Anti-litter regulations shall be imposed on site.

The applicant shall establish regulations for the safe and proper transfer and transport of fuel on site.

Track mats shall be located by the Hudson Essex Passaic Soil Conservation District representative and the Borough Engineer in such locations as to minimize the tracking of mud and dirt off site.

Clean up and wash down of trucks and equipment is required before said vehicles are authorized to leave the construction site.

Adequate provisions for safe control of employee parking, including employees of contractors and subcontractors, shall be required on site during construction.

All construction traffic shall enter and exit the site in accordance with a plan to minimize the disruption of existing development in the area.

Violation of any of these construction mitigation measures may result in a stop-work order, which order shall remain in full force and effect until the violation is remedied to the satisfaction of the Borough Engineer.

Single-family detached dwelling.

Single-family attached dwelling (duplex only) in the R-5 District only.

Garden apartment and townhouse units in the R-6 District only.

Multiple-family dwelling units in the R-9 District only.

Public parks and playgrounds.

Accessory uses customarily incident and subordinate to the principal uses as above permitted.

Signs as permitted and regulated.

Private, noncommercial swimming pool, tennis court or racquetball court.

Fences and/or walls.

Private, noncommercial greenhouses.

Public and private schools.

Church or other places of worship.

Residential professional office.

Municipal uses.

Board of Education uses.

Public utility facilities.

Tract and lot area. Minimum tract size for townhouse uses shall be five acres.

Height. No building shall exceed a maximum of 35 feet in height.

Yards. No building containing a single-family attached dwelling unit shall be closer than 50 feet to any abutting street right-of-way line nor closer than 50 feet to any other property line. Accessory structures and parking are permitted in the side and rear yard, provided that no accessory structure or parking area shall project closer than 20 feet to any property line.

Minimum distance between buildings. There shall be a minimum distance between dwelling structures as provided in the following schedule:

Density. The average density of any parcel of land shall not exceed six single-family attached dwellings for every acre of the tract of land so developed. Building coverage shall not exceed 20% of the tract.

Units per structure. No structure shall contain more than eight single-family attached dwellings.

Rooms. All single-family dwellings shall contain at least one bedroom separate from the living area.

Off-street parking. See § 190-16CC.

Lighting. Reasonable yard lighting shall be provided to illuminate the premises at night. All wiring shall be laid underground. All lighting fixtures shall be so arranged so that the direct source of light is not visible from any residential areas as approved by the Board.

Partition walls. There shall be between each single-family attached dwelling a firewall which shall be constructed pursuant to the following specifications as verified by the Construction Official. Such noncombustible wall shall have a sound transmission classification (STC) of not less than 52 based on the laboratory test procedure specified in the ASTM (American Society for Testing and Materials) recommended practice E-90-66T.

Landscaping. All outdoor areas shall be landscaped as approved by the Board. All parking and service areas shall be adequately screened and shielded from adjacent residential areas and located on the site as approved by the Board. Interior development roads and pedestrian walks shall be provided with shade trees. Open spaces adjacent to and between buildings, border strips along interior development roads and areas along the sides of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material ground cover. Approaches to single-family attached dwelling structures and entrance areas shall be attractively shrubbed. Topsoil shall not be removed from the site during construction, but shall be stored and redistributed to areas within the development most exposed to view by occupants and the public, and such areas shall be stabilized against erosion by seeding or planting.

Utilities. Every dwelling must be connected to the public sanitary sewer and water systems. Fire hydrants shall be installed by the developer in adequate numbers and at locations recommended by the Borough Engineer. All utilities such as electricity, telephone and the like shall be installed underground. Adequate provision for storm drainage must be made as approved by the Board after consultation with the Borough Engineer.

Traffic.

Guaranties. The applicant shall furnish to the Board, as a condition of final site plan approval, agreements, covenants, master deeds, bylaws and other instruments deemed necessary by the Board to effectively guarantee and verify that:

Tract area. Minimum tract size shall be 10 acres.

Project size. There shall be at least 60 dwelling units within each garden apartment project or any development section thereof.

Density. The number of dwelling units in the overall development area shall not exceed an average of 10 dwelling units per acre. Building coverage shall not exceed 20% of the tract.

Units per structure. No structure shall contain more than 12 dwelling units.

Utilities. Every garden apartment development must be connected to the public sanitary sewer and water systems, as approved by the Borough Engineer. Fire hydrants shall be installed by the developer in adequate numbers and at locations as approved by the Board. Telephone and electric wiring shall be laid underground.

Height. No building containing garden apartment units shall exceed 35 feet in height.

Frontage. Every lot shall have a frontage of not less than 100 feet measured along the front street right-of-way line.

Setback. No building, structure or parking area shall be located within 50 feet of any preexisting public street as of the time of the initial application. Every building or structure shall have a minimum setback of 25 feet from all interior development roads and shall have a setback of 50 feet from adjoining property lines bounding the development area. Accessory structures and parking in the side and rear yards are permitted, provided that no accessory structure or parking area shall project closer than 20 feet to any property line.

Minimum distance between buildings. There shall be a minimum distance between dwelling structures as provided in the following schedule:

Superintendent. Each garden apartment project shall have a building superintendent residing on the premises.

Landscaping. All open spaces in any garden apartment project shall be adequately landscaped and maintained in good condition after approval by the Board. All parking and service areas shall be so screened that adjacent residential areas are shielded from said parking or service areas, and all ingress and egress driveways to and from said parking and service areas shall only be located within the R-6 Zone District.

Lighting and wiring. Yard lighting shall be provided during the hours of darkness to provide illumination for the premises and all interior sidewalks, walkways and parking areas thereon. All electrical and telephone wiring shall be laid underground, and all lighting fixtures shall be so arranged that the direct source of light is not visible from any street or adjacent residential areas.

Parking. All garden apartment developments shall meet the off-street parking provisions of § 190-16CC.

Location. No dwelling unit, or any portion thereof, shall be located below the first story or above the second story of any garden apartment structure.

Facilities.

Driveways. Private driveways, where approved by the Board, shall provide adequate access and circulation within the development as well as relative to public thoroughfares and shall be in harmony with the proposals of the Master Plan, the Official Map and the requirements of the Board. All drives, access roadways and sidewalks shall be properly paved, curbed and drained as approved by the Borough Engineer and shall comply with the requirements of the ordinances of the Borough of Pompton Lakes. All driveways shall have a minimum pavement width of 24 feet between curbs. However, access roadways shall have a minimum pavement width of 30 feet between curbs. Private access roadways, where necessary, shall be designated as "emergency vehicle routes." Curb parking along these routes shall be prohibited and the prohibition enforced by the Borough.

In the AH-1 District, properties may be developed only for townhouses at a maximum density of 10 housing units per acre, exclusive of any state- or federally designated wetland or other wetland area confirmed by professional investigation and any area containing slopes exceeding a grade of 15%, and subject to other requirements and limitations as may be imposed by this chapter; provided, however, that not fewer than 20% of the total of number of for-sale or 15% of the total number of rental housing units shall be designated for occupancy by low- and moderate-income households. The units designated for low- and moderate-income households may be either townhouses or apartments.

In the AH-2 District, properties may be developed for mixed-use townhouse or apartment units at a maximum residential density of 13 housing units per acre, exclusive of any state- or federally designated wetland or other wetland area confirmed by professional investigation and any area containing slopes exceeding a grade of 15%, and subject to other requirements and limitations as may be imposed by this chapter; provided, however, that not fewer than 20% of the total of number of for-sale or 15% of the total number of rental housing units shall be designated for occupancy by low- and moderate-income households. The units designated for low- and moderate-income households may be either townhouses or apartments. A commercial component is also permitted as either a separate structure or integrated into the ground floor of the residential development. The commercial component should be integrated into the site to create a natural transition between the Gateway District (GWD) and adjacent residential neighborhoods. Commercial uses should cater to the nearby residential neighborhood and school, and shall be limited to:

Private garages.

Buildings for storage of maintenance equipment.

Off-street parking as regulated in § 190-16CC.

Signs in accordance with § 190-16Q.

Private recreation buildings and facilities, including swimming pools, intended for use by residents of the premises.

Minimum lot area: two acres.

Minimum setback from streets and tract boundary: 50 feet.

Maximum building coverage: 20% of site.

Maximum height of building. No building shall exceed a height of 3 1/2 stories or 45 feet.

Parking. Adequate provision shall be made for off-street parking in accordance with all applicable provisions of § 190-16CC of this chapter.

Minimum lot size: One acre.

Minimum lot width: 60 feet.

Maximum height: 3 1/2 stories or 45 feet, whichever is less.

Minimum front yard setback: 50 feet.

Minimum side yard: The combined side yard shall be a minimum of 25 feet and, where applicable, shall be wide enough to accommodate a full-access driveway and vegetative buffering.

Minimum rear yard: 35 feet.

Maximum building coverage: 35%.

Maximum impervious coverage: 50%.

Maximum commercial FAR of .15 which is not to exceed 8,500 square feet.

Requirements for parking areas and driveways. See requirements for parking areas and driveways in DBD-1 District, § 190-17F(6).

Requirements for parking decks. See requirements for parking decks or structures in the DBD-1 District, § 190-17F(7).

Setbacks. Accessory buildings shall meet the street and property line setbacks of the principal building. Swimming pools, tennis courts and other surfaced recreation facilities shall be at least 100 feet from a residential property line and at least 50 feet from any other property line.

Height. The maximum height of an accessory building shall be 16 feet. Clubhouses shall be governed by height limitations for principal buildings.

Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.

Retail sales and services in the B-1 District only.

Business and professional offices.

Restaurants, B-1 District only.

Fast-service restaurants, B-1 District only.

Banks.

Clubs, lodges and fraternal, civic and charitable organizations.

Off-street parking and other accessory uses customarily incidental to the permitted principal use.

Apartments above the first floor in the B-1 Zone only.

Church or other place of worship.

Public and private schools.

Municipal uses.

Board of Education uses.

Public utility facilities.

Profit-making private schools and trade schools.

Public garages and gasoline service stations.

Unattached buildings shall not be erected closer than 30 feet to any other building situated on the same lot.

Curbed pedestrian walks, not less than five feet wide, shall be provided along the entire length of any wall of stores which contain public entranceways or exitways and/or display windows.

Limited manufacturing and light industrial operations.

Business and professional offices.

Clubs, lodges and fraternal, civic and charitable organizations.

Accessory storage, limited to goods and materials necessary for and related to the principal use, within a wholly enclosed permanent building.

Off-street parking and loading facilities and other customary buildings and uses accessory to the permitted principal use of a building.

Public and private schools.

Municipal uses.

Board of Education uses.

Public utility facilities.

Profit-making private schools and trade schools.

Public garages and gasoline service stations.

Shopping centers.

Outdoor commercial and noncommercial recreational uses, including horseback riding and jumping schools, bridle trails, hiking and nature trails, bicycle paths, picnicking, camping, field trails for dogs, wildlife preserves, archery, tennis, ice skating, bird watching, ecology, nature classes, parks and playgrounds and other recreational uses not inconsistent with the foregoing. In the C-R Zone, only tennis courts, golf courses, miniature golf courses, commercial and noncommercial swim club. These activities shall take place in designated areas only and are subject to all other applicable regulations.

None.

Public and private schools.

Municipal uses.

Board of Education uses.

Suitable screening, landscaping or fencing shall be provided along the boundaries of any outdoor athletic or recreation areas to protect adjacent properties from physical damage, noise, excessive light and to shield any adjacent area from the activities conducted on such areas.

Improvements shall be designed to result in the minimal degradation of a risk to unique or irreplaceable land types, historical or archaeological areas and existing scenic and aesthetic attributes of the site.

Restaurants and eating and drinking establishments.

Drive-in or drive through uses are a permitted accessory use where the Planning Board has determined that adequate and safe means of traffic circulation exists to allow the drive-in or drive through use.

Commercial recreation and entertainment facilities, such as theaters, movie theaters, museums, galleries and amusement centers.

Retail sales and services.

Personal and business services.

Banks and other fiduciary institutions.

Package stores and taverns.

General, business and professional offices, including legal offices, medical offices, physical therapists, finance, insurance and real estate offices.

Artist studio, art center.

Fitness, health clubs, martial arts, gymnastic and yoga facilities.

Any and all licensed professional services, except those specifically prohibited.

The following uses are permitted in Block 3000, Lot 13:

Uses and structures that are customarily subordinate and incidental to a principal permitted use.

Off-street parking. See § 190-16CC.

Signs. See § 190-16Q.

Surface parking and parking decks, provided that they serve uses expressly permitted in the DBD-1 Downtown Business District Zone. A parking facility accessory to one use may be used for parking accessory to other uses expressly permitted in the DBD-1 Zone.

Drive-in or drive-through uses.

Gasoline filling stations, gasoline service stations, new and used automobile sales, automobile rentals, repair establishments and automobile washing establishments.

Sales, rental or repair of automobiles, motorcycles, boats, trailers, lawn mowers, small gasoline or other liquid fuel engines.

Lumber or building material yards.

Manufacturing, research and development, wholesale trade or warehouse establishments and bus and truck depots.

Storage establishments, including mini-storage warehouses.

Minimum lot size: 5,000 square feet.

Minimum lot width: 50 feet.

Maximum height: three stories or 45 feet.

Minimum front yard setback: zero feet.

Minimum side yard: No side yards shall be required for buildings, except that where a side yard is provided, such side yard shall be a minimum of 10 feet. However, if the Board determines that additional separation between buildings is needed for the adequate provision of light, air, open space or access, a larger side yard setback may be required.

Minimum rear yard: 10 feet, except that for buildings which exceed 35 feet in height or for buildings which contain residential units, a minimum rear yard setback of 15 feet and as large as 30 feet may be required as determined by the Board, based on the provision of adequate light, air and open space.

Maximum building coverage: 75%.

Maximum impervious coverage: 85%.

No parking or accessory structures shall be permitted in front yards. Surface parking areas shall be set back at least four feet from side or rear property lines, although the Board may require such additional distance from property lines to allow for appropriate fencing and for landscaped screening where adjoining residential zones.

Underground and under-building parking is permitted, provided that 60% of the street frontage is comprised of commercial building space.

Accessory structures other than parking decks shall not exceed one story or 15 feet in height, whichever is lesser, and shall be set back at least four feet from side and rear property lines. Parking decks shall be set back at least 15 feet from all property lines.

Provisions shall be made at the rear of all nonresidential buildings for off-street loading and unloading, subject to Board review. Exceptions may be granted for existing buildings where no such loading or unloading is provided for or for new buildings where rear access from public streets is not available.

Except as otherwise noted in this section, parking lot and driveway design shall meet the requirements of Ordinance § 190-16Z.

No parking decks shall have frontage on Wanaque Avenue.

No parking decks may exceed 35 feet in height.

A setback of at least 15 feet shall be provided from all property lines. Within such setback areas, vegetative plantings shall be provided to screen the deck from adjacent properties and from the public street.

The facade of the parking deck facing a public street or an adjacent residential use or zone boundary shall have an architectural finish in keeping with the commercial or residential character of the surrounding area.

Outdoor cafes shall be permitted on sidewalks, plazas and courtyards, provided pedestrian circulation or access to store entrances is not impaired.

A minimum of five feet of sidewalk area must be free of any sidewalk cafe feature or obstruction to allow for adequate pedestrian circulation.

Planters, posts with ropes or other removable enclosures are encouraged and shall be used as a way of defining the area occupied by the cafe.

Extended awnings, colorful canopies or large umbrellas are also recommended as a way of creating a festive environment for the area.

Outdoor establishments shall not be entitled to additional signage.

The operators of outdoor cafes shall be responsible for maintaining a tidy appearance within the area of their activities.

Minimum parcel size: 20,000 square feet.

Minimum parcel width: 100 feet, at the front street line.

Maximum building height: four stories and 55 feet. Any development exceeding 45 feet in height shall be required to incorporate a building stepback on the front side of the building (at a point of 45 feet). The stepback/height ratio is one foot for every two feet in building height above 35 feet.

Setbacks. A planned commercial development is not required to incorporate the setbacks requirements for principal uses in the DBD-1 District, so long as the design meets the approval of the Board. The intent of this lessening of requirements is to encourage a creative and comprehensive project design.

Parking. The development may integrate alternative parking arrangements such as structured parking, underground parking or a shared parking scenario to reduce the amount of surface parking.

Open space. A minimum of 20% of the planned commercial development parcel shall be reserved as open space and shall be provided consistent with the recommendations in the Pompton Lakes Master Plan. Open space shall include floodplain areas, where appropriate, and newly created public spaces, such as public plazas and areas for active and passive recreation.

First floor requirement. For lots with frontage on Wanaque Avenue, first floor uses within a planned commercial development shall contain retail establishments, while permitted uses above the first floor shall be for office or residential use.

All uses permitted in the DBD-1 District.

Shopping centers.

Garden centers and building supply establishments.

Educational or quasi-educational establishments, such as ballet or dance schools, martial arts schools, nursery schools and business, vocational or technical schools.

General, business and professional offices, including medical offices, finance, insurance and real estate offices.

Residential dwelling units above the first floor.

Drive-in and drive-through uses.

Planned commercial development.

Minimum lot size: 10,000 square feet.

Minimum lot width: 60 feet.

Maximum height: two stories and 35 feet.

Minimum front yard: For lots with frontage on Wanaque Avenue, the minimum front setback shall be five feet.

Minimum side yard: For lots with frontage on Wanaque Avenue, no side yard shall be required for buildings, except that where a side yard is provided, such side yard shall be a minimum of six feet.

Minimum rear yard: 35 feet.

Maximum building coverage: 65%.

Maximum impervious coverage: 85%.

Minimum tract area: five acres.

Lot frontage: Shopping centers shall be located on a lot with frontage on Wanaque Avenue.

More than one principal building is permitted on a lot with a shopping center.

Screening: All parking areas shall be screened from view from residential areas or streets with adequate landscaping; provided, however, that no screening shall be placed at any location which will interfere with ingress and egress from the site.

Sufficient space shall be provided on the site for loading operations.

Loading areas and outdoor storage areas shall be set back at least 25 feet from a residential zone boundary or an existing residential use, and shall be separated from such areas by a buffer strip at least 15 feet in width with a screening at least six feet high comprised of a berm, fence or evergreen vegetation or a combination thereof.

The facade of any building devoted to such uses which faces the street shall have the appearance of a commercial or residential building.

Minimum parcel size: 20,000 square feet.

Minimum parcel width: 100 feet, at the front street line.

Maximum building height: three stories and 45 feet.

Setbacks. A planned commercial development is not obliged to incorporate the setback requirements for principal uses in the DBD-2 District, so long as the design meets the approval of the Board. The intent of this lessening of requirements is to encourage a creative and comprehensive project design.

Parking. The development may integrate alternative parking arrangements such as structured parking, underground parking or a shared parking scenario to reduce the amount of surface parking.

Open space. A minimum of 25% of the planned commercial development parcel shall be reserved as open space and shall be provided consistent with the recommendations in the Pompton Lakes Master Plan. Open space shall include floodplain areas where appropriate, and newly created public spaces, such as public plazas and areas for active and passive recreation.

Restaurants and eating and drinking establishments, but excluding drive-in or drive-through restaurants.

Retail sales and services.

Personal and business services.

Banks and other fiduciary institutions.

Package stores and taverns.

General, business and professional offices, including medical offices, finance, insurance and real estate offices.

Educational or quasi-educational establishments, such as ballet or dance schools, martial arts schools, nursery schools and business, vocational or technical schools.

Municipal, county, state and federal government offices.

Residential dwelling units on stories above the first floor.

Parking decks.

Gasoline filling stations, gasoline service stations, automobile service and repair garages.

Uses and structures that are customarily subordinate and incidental to a principal permitted use.

Signs. See § 190-16Q.

Off-street parking, surface parking and parking decks of up to two stories in height, provided that they serve uses expressly permitted in the Gateway District. A parking facility accessory to one use may be used for parking accessory to other uses expressly permitted in the Gateway District.

Drive-in or drive-through uses.

Lumber or building material yards.

Manufacturing, research and development, wholesale trade or warehouse establishments and bus and truck depots.

Storage establishments, including mini-storage warehouses.

Minimum lot size: 10,000 square feet.

Minimum lot width: 60 feet.

Maximum height: three stories or 45 feet, whichever is less.

Minimum front yard setback: zero feet. No building shall be set back further than the greater setback of buildings on the adjoining lots.

Minimum side yard: The combined side yard shall be a minimum of 25 feet and, where applicable, shall be wide enough to accommodate a full-access driveway and vegetative buffering.

Minimum rear yard: 35 feet.

Maximum building coverage: 35%.

Maximum impervious coverage: 50%.

Minimum lot size: 30,000 square feet.

Minimum frontage: 150 feet. In addition, if the Board finds that the nature of the use proposed, either by virtue of scale, intensity of use, hazard or other such consideration, is such that a larger site is in the public interest, then it shall impose such additional requirements.

Minimum setbacks. All gasoline pumps, air pumps, canopies and the islands upon which pumps are normally located shall be set back from the street line at least 35 feet and from any other property line at least 50 feet.

Landscaping. The area along the front lot line, with the exception of those areas required for ingress and egress, shall contain a minimum of a six-foot-wide landscaped strip, defined by either a brick wall two feet in height, and capped with a stone or cast stone slab, or by an evergreen hedge of the same height. The landscaped area between the edge of the property line and the brick wall shall be planted with street trees no more than 30 feet on center.

The lot lines of such automobile oriented uses shall not be located within 1,000 feet from any school offering courses of general educational instruction, hospitals, churches or libraries and not less than 2,000 feet from an existing auto repair or service station.

All storage areas, trash facilities, pits, lifts and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building, and no dismantled parts shall be placed outside.

A minimum space of 25 feet shall exist between any two islands.

No junked motor vehicle or part thereof and no unregistered motor vehicle shall be permitted outside an enclosed service station building. All parked motor vehicles, including employee's vehicles and those awaiting repair, must be located in the side or rear yard areas of the service station building, so as to not be visible from the front or side street right-of-way.

Ingress and egress. Turning movements shall be designed and coordinated with the access points required for nearby uses, frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping.

Screening. All public garages and gasoline service stations shall be screened from adjacent properties by a buffer area not less than five feet in width composed of densely planted evergreen shrubbery and fencing. Such buffer screen shall have a minimum height of six feet above finished grades. The materials used shall be in keeping with the character of the adjacent area and be maintained and replaced as required.

Light industry.

Business and professional offices, including medical offices, finance, insurance and real estate offices.

Retail sales and services.

Personal and business services.

Restaurants and eating and drinking establishments, but excluding drive-in or drive-through restaurants.

Package stores and taverns.

Educational or quasi-educational establishments, such as ballet or dance schools, martial arts schools, nursery schools and business, vocational or technical schools.

Public and private schools.

Board of Education uses.

Public utility facilities.

Municipal, county, state and federal government offices.

Residential units on stories above the first floor.

Automobile service and repair garages.

Planned commercial development.

Flex space.

Uses and structures that are customarily subordinate and incidental to a principal permitted use.

Signs. See § 190-16Q.

Off-street parking and surface parking, provided that they serve uses expressly permitted in the district. A parking facility accessory to one use may be used for parking accessory to other uses expressly permitted in the CBR District.

Heavy manufacturing.

Bus and truck depots or terminals.

Minimum lot size: 10,000 square feet.

Minimum lot width: 75 feet.

Maximum height: two stories or 25 feet, whichever is less.

Minimum front yard setback: 25 feet.

Minimum side yard: There shall be two side yards, where one shall be a minimum of 15 feet and the other shall be at least five feet.

Minimum rear yard: 25 feet.

Maximum building coverage: 35%.

Maximum impervious coverage: 50%.

Minimum lot area: one acre.

Minimum lot width at building line: 100 feet.

Minimum front yard: 50 feet.

Minimum side yards, each.

At least 10% of the total floor area shall be for office use, with the remaining floor area as warehouse or light industry.

Accessory structures shall be subject to all the same siting requirements as principal buildings.

Buffers and landscaping.

Parking requirements for flex space. In any flex space or mixed-use building, the total off-street parking and loading to be constructed shall be the sum required for the component uses as measured by the gross floor area devoted to each use. Hallways, bathrooms, elevators and similar common elements shall either be assigned to the most intense use they abut or shall be calculated as if part of an office use.

Minimum parcel size: two acres.

Minimum parcel width: 100 feet, at the front street line.

Maximum height:

Setbacks. The location and placement of buildings may vary from that otherwise required for principal buildings in the CBR District; however:

Parking. The development may integrate alternative parking arrangements such as structured parking, underground parking or a shared parking scenario to reduce the amount of surface parking.

Open space. A minimum of 45% of the planned commercial development must be reserved as open space.

Along all boundaries of the planned commercial development not abutting a public street, the project must provide a transition landscaped strip of at least 5% of the lot depth or 25 feet, whichever is less.

A minimum of a ten-foot transitional landscaped buffer shall be provided where the planned development abuts a residential property.

At least 10% of the floor area of a planned commercial development shall be for commercial use, such as retail or office space.

Light industry.

Research and development.

Flex space.

Storage establishments, including mini-storage warehouses.

General, business and professional offices.

Personal and business services.

Planned commercial development.

Artist and maker studios.

Microbreweries and distilleries.

Commercial recreation and entertainment facilities, including galleries.

Fitness, health clubs, martial arts, gymnastic and yoga facilities.

Passive recreation.

Energy generation facilities.

Government uses.

Restaurants.

Uses and structures that are customarily subordinate and incidental to a principal permitted use.

Signs. See § 190-16Q.

Off-street parking and surface parking, provided that they serve uses expressly permitted in the district. A parking facility accessory to one use may be used for parking accessory to other uses expressly permitted in the HI District.

Residential uses.

Day care.

Schools.

Height. No building shall exceed a maximum of 60 feet in height.

Drainage improvements.

Underground utilities.

Interim environmental remediation equipment and structures.

Pedestrian and bicycle paths.

Crossing of access roads.

Fences and retaining walls, where needed.

Gatehouse.

Single-family detached dwelling.

Single-family detached cluster development.

Public parks and playgrounds.

Accessory uses customarily incident and subordinate to the principal uses as permitted above.

Signs as permitted and regulated.

Private, noncommercial swimming pool, tennis court or racquetball court.

Fences and/or walls.

Private, noncommercial greenhouses.

Public and private schools.

Churches and other places of worship.

Municipal uses.

Board of Education uses.

Public utility facilities.

Maximum density: 1.0 dwelling unit per 2.5 acres.

Maximum building height: 35 feet.

Single-family detached dwellings:

Single-family cluster development.

Private garages.

Buildings for storage of maintenance equipment.

Off-street parking as regulated in § 190-16CC.

Signs in accordance with § 190-16Q.

Private recreation buildings and facilities, including swimming pools, intended for use by residents of the premises.

Minimum lot area: five acres.

Minimum setback from streets and tract boundary: 50 feet.

Maximum building coverage: 20% of site.

Maximum height of building. No building shall exceed a height of 3 1/2 stories or 45 feet.

Maximum number of dwelling units per building:

Parking. Adequate provision shall be made for off-street parking in accordance with all applicable provisions of § 190-16CC of this chapter.

Setbacks. Accessory buildings shall meet the street and property line setbacks of the principal building. Swimming pools, tennis courts and other surfaced recreation facilities shall be at least 100 feet from a residential property line and at least 50 feet from any other property line.

Height. The maximum height of an accessory building shall be 16 feet. Clubhouses shall be governed by height limitations for principal buildings.

Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.

Public and private nonprofit schools.

Public utility facilities.

Churches.

Board of Education uses.

Profit-making private schools and trade schools.

Character of the neighborhood.

Conservation of property values.

Health and safety of residents and workers on adjacent properties in the surrounding neighborhood.

Potential congestion of vehicle traffic or creation of undue hazard.

Adequacy of site access and traffic circulation on and adjacent to the site.

Pedestrian safety.

Effect on the use and enjoyment of adjacent properties.

The nature and intensity of the use.

Adequacy of utility, drainage and other facilities.

Stated principals and objectives of this chapter and the Master Plan of the Borough of Pompton Lakes.

Public and private schools. Public schools covering any or all grades prekindergarten through grade 12 and full-time private schools covering any or all grades prekindergarten through grade 12 which are operated by charitable, religious or eleemosynary organizations to satisfy state-mandated educational requirements are permitted as a conditional use in all zone districts, provided that said conditional use shall meet all of the following requirements:

Public utility facilities. Public utility facilities and uses are permitted as a conditional use in all zone districts and shall meet the following minimum requirements:

Churches. Churches and similar places of worship and rectories or parish houses or convents of religious groups on the same tract are permitted as a conditional use in all zone districts, provided that said conditional uses shall meet all the following requirements:

Municipal uses. Municipal uses, other than parks, are permitted under this subsection as a conditional use in all zones, provided that said conditional uses shall meet all of the following requirements:

Board of Education uses. Pompton Lakes Board of Education uses, other than schools are permitted under this subsection as a conditional use in all zones, provided that said conditional uses shall meet all of the following requirements:

Minimum lot size. The minimum lot area shall be 30,000 square feet measured within 200 feet of the front street right-of-way line.

Frontage. Every lot shall have a minimum street frontage of 150 feet. In addition, if the Planning Board finds that the nature of the particular use proposed, either by virtue of scale, intensity of use, hazard or other such considerations is such that a larger site is in the public interest, then it shall impose such additional requirements.

Front yard. No pump island shall be closer to the front street side line than 35 feet.

Coverage. The building coverage of the lot shall not exceed 20%.

Maximum height. No building height shall exceed one story or 35 feet.

Screening. All public garages and gasoline service stations shall be screened from adjacent properties by a buffer area not less than five feet in width composed of densely planted evergreen shrubbery, soil fencing or a combination of both. Such buffer screen shall have a minimum height of six feet above finished grades. The materials used shall be in keeping with the character of the adjacent area and be maintained and replaced as required.

Access. Entrance and exit driveways shall be limited to two for each 150 feet of frontage. Such driveways shall not be less than 16 feet nor more than 24 feet in width, and at least 15 feet from any adjoining property and at least 30 feet from the corner of any intersecting public streets.

No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the parking requirements of this subsection.

Outdoor display. Accessory goods for sale may be displayed out of doors on the pump island end and the building island only and shall be stored in a suitable rack or container.

The principal structure and any alterations thereto must retain the appearance of a one-family residence, and the apartment and its entrance must be designed accordingly.

Off-street parking must be provided in accordance with this chapter.

The owner of the lot must reside in the primary or the accessory dwelling unit.

A certificate of occupancy must be obtained for the apartment and renewed each year. The owner must present an affidavit annually providing that the circumstances under which the conditional use was originally approved still exist.

One of the units must be occupied by a person age 55 or over.

The accessory unit must be at least 450 square feet, but in no case shall said unit be larger than 25% of the principal dwelling unit.

One of the units must be occupied by a family meeting the income and eligibility requirements of § 190-17B(9), (10), (11) and (12) of this chapter.

Approval for a dwelling conversion issued pursuant to this subsection shall be subject to automatic revocation if:

Both the conditional use and the other use are permitted in that district by this chapter.

Each such use considered separately meets the requirements for the use proposed provided in this chapter for that zone.

Action by the Planning Board shall be in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the Secretary to the Board or within such further time as may be consented to by the applicant.

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 Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Secretary to the Board 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 and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40: 27-6.3) in the case of a subdivision, or 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.

The proposed conditional use complies with all the applicable regulations of this chapter as to a conditional use.

The proposed use at the specified location will not impair the welfare or convenience of the public.

The proposed conditional use will not cause undue depreciation of property values in the neighborhood.

The location and size of the conditional use and the nature and intensity of the operation will not dominate the immediate neighborhood as to prevent the development and use of neighboring property in accordance with the applicable zoning regulations. In determining the foregoing, consideration shall be given to:

The proposed conditional use is needed by the residents of the Borough of Pompton Lakes and/or the State of New Jersey for their convenience or general welfare and that this need cannot be reasonably satisfied by any other means.