Teaneck, NJ Zoning Ordinance

Two regular members shall be elected by the Advisory Board, including alternate members, to serve as Chairperson and Vice Chairperson, respectively. During the absence, disability or disqualification of the Chairperson, the Vice Chairperson shall exercise or perform all the duties and be subject to all the responsibilities of the Chairperson. In the absence of the Chairperson and Vice Chairperson, the remaining members shall select an Acting Chairperson. Said election shall take place at the first meeting of the Advisory Board in each calendar year.

A Township employee, appointed by the Township Manager, shall act as Secretary of the Advisory Board and shall serve at the pleasure of the Manager but shall have no vote. One regular member of the Advisory Board shall be a member of the Planning Board, who shall be entitled to vote as a member of both Boards.

(e)

Rules of procedure. A quorum shall consist of three members, at least one of whom shall be a registered architect or professional engineer. The concurrence of a majority of the members of the Board present and voting shall be necessary to determine any question before the Board.

The Advisory Board shall hold at least two regular meetings each month, unless there is no public business pending. The deliberations and proceedings of the Advisory Board shall be public. The Advisory Board shall keep minutes of its proceedings, and such minutes shall be public records.

The Advisory Board may adopt and amend rules to govern the conduct of its business, consistent with the provisions of this chapter.

(f)

Standards of conduct. No member of the Advisory Board shall be permitted to act on any matter in which the member has, either directly or indirectly, any personal or financial interest. The provisions of the Code of Ethics, Chapter 2, § 2-146 et seq., shall apply.

Sec. 33-17 Site plan review procedure.

[Ord. No. 1811, § 18; amended by Ord. No. 1859, 5-27-1980, § 4; Ord. No. 3267, 6-26-1990, § 1; Ord. No. 3381, 12-21-1993, § 1; Ord. No. 3475, 10-8-1996, § 1; Ord. No. 3479, 10-22-1996, § 1; Ord. No. 3908, 10-6-2005, § 1; Ord. No. 4007, 5-21-2007, § 1]

(a)

Application of requirements.

Except as provided herein, no zoning permit or building permit shall be issued for a building, structure or use, or any enlargement, expansion or change of use, and no business sign permit or certificate of use shall be issued, unless site plan approval is obtained.

[Amended by Ord. No. 4281, 1-22-2013]

No certificate of occupancy or certificate of continued occupancy shall be issued unless the development is complete and it conforms to the site plan as approved.

(b)

When site plan approval required.

Site plan review shall not be required for individual lot applications for detached buildings with one or two dwelling units or, subject to Subsection (b)(3) hereof, for uses or installations accessory thereto, such as a private garage, tennis court, toolhouse, private greenhouse or swimming pool.

Site plan approval shall not be required if it involves either:

Minor repairs to the interior of a building which do not involve structural change or enlargement of the building, as determined by the Zoning Officer; or

Renovations or alterations to the exterior design of a building or structure which do not involve any enlargement of the building or major structural change, as determined by the Zoning Officer; or

Business signs which conform to the business sign design standards set forth in § 33-18(c) hereof, as determined by the Zoning Officer.

Except with respect to individual lot applications for detached one- or two-dwelling-unit buildings, the Zoning Officer may refer any application for a building permit to the approving authority for site plan approval, where in the judgment of the Zoning Officer the construction, reconstruction, alteration or change of use may substantially affect water supply, sewage disposal, drainage, natural terrain and vegetation, light and air and vehicular and pedestrian traffic and circulation.

Any determination by the Zoning Officer that site plan approval is not required shall be set forth in writing by the Zoning Officer, with copies of said letters filed with the applicant and administrative officer.

(c)

Preliminary approval.

Submission; time limitations. An application for site plan review shall be submitted to the secretary of the approving authority on forms supplied by the approving authority, along with the required fee and such other information as the rules and regulations of the approving authority shall require, not inconsistent herewith. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes only. If architectural plans are required to be submitted, preliminary plans and elevations shall be sufficient at this stage. If an application for development is found to be incomplete, the applicant shall be notified thereof within 45 days of the submission of such application or it shall be deemed to be properly submitted.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

If the approving authority requires any substantial amendment in the layout of improvements proposed by the developer, which improvements have already been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The approving authority shall, if the proposed development complies with the design standards of this chapter, grant preliminary site plan approval.

The approving authority shall accept simultaneous applications for preliminary and final site plan approval where so requested by the applicant, provided that all of the conditions, requirements and safeguards established for preliminary and final site plan approval are adhered to.

Contents of site plan. The site plan shall be drawn under seal by a registered architect and/or professional engineer to a scale of not less than one inch equals 50 feet, unless the Advisory Board requires a smaller scale. It shall also bear the signature and seal of a licensed land surveyor as to the topographic and boundary survey data, be based upon Tax Map information or some other similarly accurate base and include the following information, unless waived by the Advisory Board as not being necessary or relevant to the particular application:

A title block in the lower right-hand corner of the plan containing the name and address of the record owner; the block and lot number of the site; the title of the development; and the name, address, license number and seal of the person preparing the plan.

A date block, adjacent to the title block, containing the date of preparation. All subsequent revisions shall be noted and dated.

A key map, showing the location of the tract with reference to surrounding areas and existing street intersections within 1,000 feet of the boundaries of the subject premises.

A graphic representation of the scale and a North arrow. All distances and dimensions shall be in feet and decimals of a foot and all bearings shall be given to the nearest 10 seconds.

The block and lot numbers of all properties within 200 feet of the subject premises, as shown on the current Township tax records.

Zone district boundaries, if any, within 200 feet. Such features may be shown on a separate map or as a key on the detail map itself.

Survey data, showing boundaries of the property, building and setback lines and lines of existing and proposed streets, lots, reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way. All distances are measured along the right-of-way lines of existing streets abutting the property to the nearest intersection with any other street.

Location plans and elevations of existing buildings which shall remain and other existing structures, such as walls, fences, culverts and bridges, with spot elevations of such structures. Structures to be removed shall be indicated by dashed lines; structures to remain shall be indicated by solid lines.

Location plans and elevations of proposed buildings and other structures, building and setback lines, building heights in feet and stories and lot coverage calculations.

Location, height, dimensions and details of all signs either freestanding or affixed to a building. Where signs are not to be provided, a notation to that effect shall be indicated on the site plan.

Storm drainage structures, soil erosion and sediment control devices and utility lines, whether publicly or privately owned, with pipe sizes, grades and direction of flow, and if any existing utility lines are underground, the proposed location of same.

Existing and proposed contours, referred to United States Coast and Geodetic survey datum, with a contour interval of one foot for slopes of 3% or less, an interval of two feet for slopes of more than 3% but less than 15% and an interval of five feet for slopes of 15% or more. Existing contours are to be indicated by dashed lines, and proposed contours are to be indicated by solid lines.

Existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant existing features, including previous flood elevations of watercourses where available, ponds and marsh areas.

Proposed streets with profiles indicating grading, and cross sections showing width of roadway, location and width of sidewalks where required and location and size of utility lines.

Proposed use or uses of land and buildings; floor space of all buildings and estimated number of employees, housing units or other capacity measurements. If the precise use of the building is unknown at the time of application, an amended plan showing the proposed use shall be required prior to issuance of a certificate of occupancy.

All means of vehicular ingress and egress to and from the site onto public or private streets, showing the size and location of driveways and curb cuts, including the possible organization of traffic channels, acceleration and deceleration lanes, additional width and other traffic controls which may be required. Improvements such as roads, curbs, sidewalks and other design detail shall be indicated, including dimensions of parking stalls, access aisles, curb radii and direction of traffic flow.

Location and design of any off-street parking areas or loading areas showing size and location of bays, aisles and barriers.

Location of all proposed water lines, valves and hydrants and all sewer lines or alternative means of water supply or sewage disposal and treatment.

Proposed location, direction of illumination, power and time of proposed outdoor lighting, type of standards to be employed, radius of light and intensity in footcandles.

Proposed screening, landscaping and planting plan, indicating natural vegetation to remain and type of vegetation to be utilized. All trees which are to be removed as the result of the construction of proposed buildings and other structures on site shall be clearly designated. The applicant shall certify the necessity of the removal of the so-designated trees and why alternative locations for construction of proposed buildings and other structures are not feasible on site. Every tree at least five inches in caliper shall be specifically and clearly identified.

A table indicating in the left-hand column the following zoning ordinance requirements and in the right-hand column the proposed development of these criteria:

Minimum lot area.

Minimum lot width.

Minimum lot depth.

Maximum building or structure height, in feet and stories.

Floor area or other volume measure of building.

Minimum front yard.

Minimum side yard(s).

Minimum rear yard.

Maximum lot coverage by building structures.

10.

Dimensions of buffer areas.

11.

Number of off-street parking spaces.

12.

Distance to nearest residential zone district line, if the subject property is not in the R-S Zone.

13.

Number of employees to occupy buildings.

Referral to Advisory Board. Except with respect to exterior business signs, the Zoning Officer shall forward the site plan to the Advisory Board, whether the approving authority is the Planning Board or Board of Adjustment. Exterior business sign applications shall bypass the Advisory Board and be reviewed directly by the approving authority. Within its jurisdiction, the Advisory Board shall review all drawings, plans and specifications submitted and report thereon to the approving authority within 30 days of receipt of a complete application and site plan for a development involving 10 acres of land or less or within 60 days of receipt of a complete application and site plan for a development involving more than 10 acres. The foregoing time limitations may be extended with the consent of the applicant.

The approving authority shall have authority to proceed on a preliminary site plan application in the absence of an Advisory Board report if the approving authority finds such recommendations to be not essential to its determination or if the above time period for Advisory Board action is about to expire without the applicant consenting to an extension of time. The recommendations of the Advisory Board are not binding upon the approving authority and may be followed or not followed, in whole or in part, by the approving authority, as it deems appropriate.

Upon receipt of the site plan, the Advisory Board shall distribute copies to the Environmental Commission, the Township Engineer and such other Township boards, agencies and personnel as the Advisory Board may direct. The applicant may be required to furnish an environmental impact statement if the conditions of § 33-19 hereof are applicable. Such persons, agencies and boards shall make recommendations in writing directly to the approving authority within 15 days of receipt of the request for an advisory report. The approving authority shall have authority to proceed in the absence of such recommendations if it finds such recommendations to be not essential to its determination or if the statutory time limitation for approving authority action, as hereinafter set forth, is about to expire without the applicant consenting to an extension of time.

Time limitation for approving authority action. Upon submission of a complete application (as ultimately determined by the approving authority) for a site plan for 10 acres of land or less, the approving authority shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the applicant. Upon the submission of a complete application for a site plan of more than 10 acres, the approving authority shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the site plan.

Hearing. Upon submission of a complete application and site plan, a public hearing shall be held in accordance with Chapter 2 of the Code and N.J.S.A. 40:55D-10, 40:55D-11 and 40:55D-12. Public notice in accordance with N.J.S.A. 40:55D-12 shall be required if the development is, in whole or in part, for a commercial or quasi-public use (such as a hospital or university expansion) or for more than three residential units; provided, however, that site plan reviews limited to business signs, repaving of existing off-street parking areas or improvements to business facades shall not require public notice.

County Planning Board review. Whenever review and/or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.6, approval herein shall be conditional only, subject to 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.

(7)

Power to grant exceptions. The approving authority shall have the power to grant such exceptions from the requirements of site plan approval as may be reasonable and within the general purpose and intent of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

(8)

Appeal. An appeal may be taken by any interested party to the Township Council from any preliminary site plan approval, conditional approval or disapproval, provided that such appeal is taken in accordance with N.J.S.A. 40:55D-17.

(9)

Effect of preliminary approval.

Preliminary approval of a site plan shall, except as provided in Subsection (c)(9)b of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

The general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; and yard dimensions and off-tract improvements, except that nothing herein shall be construed to prevent the governing body from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

The applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section of the preliminary site plan.

The applicant may apply for and the approving authority may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if design standards have been revised by ordinance, such revised standards may govern.

In the case of a site plan of an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection (c)(9)a.1, 2 and 3 above, for such period of time, longer than three years, as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the approving authority may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.

Failure to obtain final approval within the prescribed time limits as herein defined shall void the preliminary site plan approval.

(d)

Final approval.

Application; advisory reports. On or before the expiration date of preliminary approval or any extension thereof, the developer shall submit to the secretary of the approving authority a final site plan application, together with copies of the site plan previously approved, and such other information as the rules and regulations of the approving authority shall require, not inconsistent herewith. Upon receipt, the secretary of the approving authority shall distribute notice of the filing of said application to the Township Engineer, the Construction Official and such Township boards, agencies and personnel as the approving authority may direct. Such person, agencies and boards shall make recommendations, in writing, to the approving authority within 15 days of the receipt of the request for an advisory report. The Township Engineer and the approving authority's attorney shall advise the approving authority of the following:

Any departures in actual construction from preliminary approvals.

The nature of the improvements to be required as a condition of final approval.

The estimated value of the improvements installed or to be installed.

The nature and amount of performance guaranties, if any, to be required as a condition of final approval.

The provisions of open space reservation or dedication and the standards for open space organizations.

The effects, if any, of valuation, assessment and taxation of the Farmland Assessment Act.[1]

[1]

Editor's Note: See N.J.S.A. 54:4-23.1 et seq.

The findings and compliance of all provisions under planned development status.

The amounts to be deposited, if any, to reimburse the approving authority and Township for costs incurred or to be incurred for legal, engineering, planning and other professional services, for recording fees and for any other costs anticipated by the approving authority.

Any other conditions upon which final approval should be granted or conditioned.

Time limitations. Final approval shall be granted or denied within 45 days after submission of a complete final site plan application to the secretary of the approving authority, or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute final site plan approval, and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant.

Developer's responsibilities.

[Amended by Ord. No. 5-2013, 4-23-2013]

The developer may be required to submit the following as a condition precedent to final site plan approval, including an approval gained by default under the time limitations imposed by statute:

A developer's agreement, of a form prepared by the Township Attorney and approved by the Township Attorney and Township Engineer as to form, setting forth the obligations of the applicant in connection with final approval.

Performance guaranties, in a form satisfactory to the Township Attorney and Township Engineer, complying with § 33-21 of this chapter and guaranteeing performance of the developer's agreement.

Maintenance guaranties for work completed prior to final approval.

Deeds for any easements, rights-of-way or public lands, in a form satisfactory to the Township Attorney.

Evidence of compliance with other conditions imposed by the approving authority.

Proof of payment of taxes and assessments.

Payment of fees, charges and deposits (for monuments, sewer abeyance, etc.) or reimbursements to the approving authority and Township for costs incurred or to be incurred for legal, engineering, planning and other departmental or consultant services, for recording fees and for any other costs anticipated by the approving authority.

The Mayor and the Township Clerk on behalf of the Township are authorized to sign and attest developer's agreements prepared and approved in accordance with the provisions of this subsection.

Hearing. Upon submission of a complete application for final site plan approval, a public hearing shall be held in accordance with Chapter 2 of the Code and N.J.S.A. 40:55D-10, 40:55D-11 and 40:55D-12. Public notice in accordance with N.J.S.A. 40:55D-12 shall be required if the development is, in whole or in part, for a commercial use or for more than three residential units; provided, however, that site plan reviews limited to business signs, repaving of existing off-street parking areas or improvements to business facades shall not require public notice.

Appeal. An appeal may be taken by any interested party to the Township Council from any final site plan approval, conditional approval or disapproval, provided that such appeal is taken in accordance with N.J.S.A. 40:55D-17.

Effect of final approval. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to law, whether conditional or otherwise, shall not be changed for a period of two years after the date of final approval, provided that final approval and the rights conferred by this section shall expire if the developer fails to secure a building permit to commence construction within two years of the date of final approval and said permit is not revoked. In the case of a site plan for a planned development of 50 or more acres, the approving authority may extend the rights granted under final approval as shall be determined by the approving authority to be a reasonable term, taking into consideration the number of dwelling units and nonresidential floor area, economic conditions and the comprehensiveness of the development. The approving authority may, as a condition of final approval:

Grant final approval for designated geographic sections of the development.

Grant final approval for certain work but require resubmission for final approval of designated elements, such as but not limited to landscaping, signs and artificial lighting, requiring approval of these elements as a condition precedent to the issuance of a certificate of occupancy. If a landscape plan is required for resubmission, no removal of trees or other natural vegetation (except grass cutting and weed pruning) shall be permitted until final approval of the landscape plan, unless the approving authority specifically permits any such removal.

Condition the granting of a certificate of occupancy upon the applicant or developer or subsequent assignees meeting certain requirements within a designated period of time from the date of issuance of the certificate of occupancy. This may include but is not limited to the installation of improvements on tract and off tract.

(e)

Effect of a site plan approval. All premises shall be maintained and landscaped in accordance with all of the findings and resolutions of the Township Planning Board, Board of Adjustment and all other Township boards, departments and agencies. Landscaping, fencing, shrubbery and all other ancillary requirements in site plan approvals shall be maintained on a permanent basis or until a new site plan is approved.

Sec. 33-18 Standards and specifications.

[Ord. No. 1859, 5-27-1980, § 5; Ord. No. 1941, 2-2-1982, § 3; Ord. No. 3474, 10-8-1996, § 1; Ord. No. 3478, 10-8-1996, § 1; Ord. No. 3746, 1-21-2003, § 1; Ord. No. 4034, 10-9-2007, Ord. No. 4049, 1-8-2008, § 1; Ord. No. 4072, 5-27-2008, § 5; Ord. No. 4116, 2-3-2009, § 1; Ord. No. 4176, 3-9-2010, § 1]

(a)

Design standards generally. The site plan shall conform to standards that will encourage good development patterns within the Township and consistency with the requirements of Article V, Zoning. Subject to the waiver provisions of § 33-2, the site plan shall conform to the proposals and conditions shown on the Official Map and Master Plan, with particular deference to the circulation plan and conservation plan elements of the Master Plan.

(b)

Specific design standards. The standards and specifications of § 33-15 relating to subdivisions are incorporated herein by reference. In addition thereto, the following shall apply, subject to the zoning criteria in Article V hereof:

Flood hazard areas. Land subject to periodic or occasional flooding shall not be designed for residential occupancy nor for any other purpose which may endanger life or property or aggravate the flood hazard. Such land shall be considered for open spaces, yards or other similar uses, in accordance with floodplain regulations of the Township, state and federal government.

Relation of proposed buildings to environment. Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity that have visual relationship to the proposed buildings without being excessively similar or excessively dissimilar. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings. An environmental impact statement may be required as provided in § 33-19 hereof.

Drives, parking and circulation. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian, bicycle and vehicular traffic and arrangement of parking areas that are safe and convenient and do not detract from the design of proposed buildings and structures and the neighboring properties. Treatment and design of proposed screening shall be shown. All parking spaces shall be usable and safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site. A development application relating to property within 1,000 feet of a school shall give special consideration to the pedestrian and vehicular traffic generated by said school and the proposed development, and adequate safeguards shall be designed into the site plan to protect against adverse effects upon school children. The Traffic Engineering Handbook, published by the Institute of Traffic Engineers, Washington, D.C., Third Edition, 1965, or later, shall be followed with respect to parking, loading and similar design standards.

Lighting. All area lighting for parking lots and security in nonresidential areas shall provide translucent fixtures with shields around the light source. The light intensity provided at ground level shall average a maximum of 0.5 footcandle over the entire area with a maximum of 1.0 footcandle at any point. Outdoor lighting for all purposes, except the lighting of one- and two-family dwellings, but including the lighting of accessory uses, shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences and overhead sky glow. No lighting source shall be visible from windows nor shall lighting shine directly into or reflect into windows. No lighting source shall be visible from streets and driveways nor shall lighting shine directly or reflect onto streets and driveways to interfere with driver vision. No lighting shall be of a yellow, red, green or blue beam nor be a beam of a rotating, pulsating or other intermittent frequency. The intensity of such light sources, light shielding, the direction and reflection of the lighting and similar characteristics shall be subject to site plan approval by the approving authority. The objective of these specifications is to minimize undesirable off-site effects. This regulation shall not apply to lights used at the entrance or exit of service drives.

Advertising features. The size, location, design, color, texture, lighting and materials of all permanent signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures and the surrounding properties nor create confusion with traffic or any other signs. Included are off-site directional signs.

Special features. Exposed storage areas, exposed machinery installations on all levels, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

(c)

Signs and canopies. Signs are permitted in all districts in accordance with the regulations hereinafter set forth, except that regulations for signs in the RR-M, RC-1, RC-2 and RC-3 Redevelopment Districts and the H Hospital District, as set forth in §§ 33-24.15 through 33-24.19, shall take precedence and that signs respecting one- or two-family residential dwellings, not otherwise requiring site plan review, shall be governed by the provisions of § 33-27.

Residential nameplate. No more than one nameplate per dwelling unit shall be permitted, which may be illuminated, must be situated within the property lines and shall not exceed 72 square inches in area on any one side.

"For sale," "for rent" and "open house" signs. In the case of "for sale" and "for rent" signs, the following criteria shall apply:

Not more than one nonilluminated temporary sign per lot may be placed on the lot for sale or for rent and on no other place, and such sign may contain the word "owner" and the telephone number or, alternatively, it may identify by name and up to two telephone numbers the New Jersey licensed real estate broker, if any, given the right to sell or lease the property and/or use the word "broker."

If relating to a residential lot or building, the sign shall not exceed four square feet in an area on any one side. If relating to a nonresidential lot or building, the sign shall not exceed, on any one side, the lesser of:

Two square feet in area for each linear foot of front wall width of the principal building on the lot; or

Fifty square feet in the L-1 District or 12 square feet in all other districts.

The "for sale" or "for rent" sign shall be removed from the premises within two days after a contract for sale or lease of the premises has been executed, whether or not contingent upon the happening of a future event such as a mortgage commitment or subdivision approval.

No signs are permitted advertising the property as having been sold or leased; provided, however, that signs advertising that the property is under contract are permitted up to the date of closing.

In the case of "open house" signs, the following criteria shall apply:

In addition to a "for sale" or "for rent" sign, not more than four temporary "open house" real estate signs may be displayed on the day of the open house from 11:00 a.m. to 6:00 p.m.

"Open house" signs may be located within the public right-of way, but not upon or within the travel portion of any street or sidewalk, within a required sight triangle as outlined and defined in § 33-15(n)(1), (2) and (3) hereof, or on any pole, tree, fire hydrant, traffic or parking sign, public waste receptacle, bus shelter or other structure located within the public right-of-way.

"Open house" signs must be of a sound construction such as metal A-frame design, or metal staked sign, with maximum face size of two feet by two feet. The signs must identify the real estate broker sponsoring the open house and include the broker's address and telephone number.

The real estate broker sponsoring the open house shall be responsible for complying with the provisions of this subsection, particularly the installation and removal of the sign at the designated times provided for above.

The real estate broker sponsoring the open house shall file with the Township Clerk, prior to the placement of any "open house" signs upon the public right-of-way, a certificate of insurance evidencing that liability insurance is in effect in an amount of not less than $1,000,000 and naming the Township as an additional insured, issued by an insurance company authorized to do business within the State of New Jersey. In addition, such broker shall sign and file with the Clerk an indemnification and hold-harmless agreement, of a form acceptable to the Township Attorney, agreeing to indemnify and hold harmless the Township of Teaneck, its officers, elected officials, agents, employees and assigns from any and all claims, suits, or causes of action for damages or injuries resulting from the placement of such "open house" signs upon the public right-of-way.

Any violation of the provisions of this subsection shall be punishable under the general violation provisions of this Code (see § 1-6).

Political signs.

Except as noted below, temporary political signs shall be governed by the same provisions respecting the size and location of business temporary signs under Subsection (c)(5)h4 hereof.

The sign shall not require the issuance of a permit.

The sign shall be constructed of such material that it will not readily tear, and it shall be affixed so that it will not readily become detached.

The sign shall not be posted or displayed prior to 60 days before the election or referendum day to which it relates and shall be removed within five days after said election or referendum day.

The sign shall not be posted or displayed in such a manner as to obstruct or substantially interfere with any window, door, stairway, fire escape, or opening designated to provide light and air or ingress and egress to any building.

Notwithstanding anything to the contrary contained in this or any other section of this Code, there shall not be any restrictions on the use or placing of political signs on residential property.

Home professional office signs. No more than one sign per dwelling identifying the name and profession of the resident shall be permitted, provided that any such sign shall be affixed to the building, may only be externally illuminated, and may not exceed one square foot in area on any one side nor exceed 1 1/2 feet in length on any one side. No other sign or display relating to a home occupation, which is visible from the outside of the building, is permitted.

Business signs. Exterior business signs shall be permitted in accordance with the following criteria:

No more than one sign for each occupancy of the building, which shall be placed or inscribed upon the front facade of the building, may be permitted.

If the building faces more than one public street, one additional sign for the occupant of the building whose premises faces the secondary street may be placed or inscribed upon the facade adjoining the secondary street.

If the rear or side of the building contains a public entranceway adjoining a public or private off-street parking area, one additional sign for each occupancy of the building facing said parking area may be placed or inscribed upon the facade adjoining the off-street parking area. Canopies may be used as such a sign if the facade allows, provided that the canopy is located over an existing rear or side door or windows.

A business sign or signs shall be used for the following purposes only:

[Amended by Ord. No. 2-2019, 1-29-2019]

To identify the premises, occupant, or owner of the premises.

[Amended by Ord. No. 16-2020, 8-11-2020]

To identify the trade, business, industry, services, or profession being conducted on the premises. Phone numbers, contact information, general information about products (e.g., pizza, sandwiches, sodas), and personal logos not used to advertise specific name brand products are permissible. Logo identification, which is used to advertise a named brand product, such as "Coca Cola" or "We Sell Kodak Film," shall not be deemed to be a permitted purpose.

[Amended by Ord. No. 16-2020, 8-11-2020]

To identify that the location of the business is in Teaneck or that the business is a Teaneck business.

The size, placement and design of business signs shall be limited as follows:

Area. The area of a sign shall be measured in square feet. The area shall be determined by the boundary established by any letters, symbols, logos and background either with or without a frame. If no sign frame is provided the area shall be determined by imposing the smallest rectangle which would enclose all the letters, symbols, logos and background.

Permanent wall signs are limited to a maximum size of 1 1/2 square feet of sign area for each one foot of the width of the frontage of the building occupied by the business maintaining the sign. No individual letter may exceed 18 inches in height. The total gross area of signage per frontage shall not exceed 200 square feet. If the building faces more than one street or a parking lot with a minimum width of 30 feet, it may have the appropriate area of signage for each exposure. For example:

Building Frontage (linear feet)	Allowable Area (square feet)
10	15
20	30
30	45

The maximum size of a sign on the side facade shall be 50% of the permitted signage on the front facade.

The total signage for the business frontage shall not exceed the aforementioned size restrictions. If the business has more than one sign, the total signage must be equal to or less than the area allowed.

In addition to other signage, a building with an upper-floor business, such as an office building, is permitted one wall-mounted business directory per building that displays the business(es) upstairs. Said directory shall be contained within a shallow wood or metal case and clearly visible through a glass front. The display case shall be attached to the building wall, next to the main entrance, at a height of approximately five feet, shall not exceed a total area of 2.5 square feet, and may not be externally illuminated.

Sign lettering.

No sign may consist of more than four colors, including the background color, excepting logos or symbols. Lettering must give a consistent and professional appearance. No Day-Glo or fluorescent colors are permitted.

The height of an initial capital letter shall not exceed 24 inches. The height of all other letters shall not exceed 18 inches. The height of a personal logo shall not exceed 24 inches.

A sign shall be lettered with a maximum of two different fonts.

[iv]

Sign letters or the allowable sign length or width shall not occupy more than 80% of the width of the storefront.

Location on building. Each wall sign shall be erected parallel to the face of the facade and shall not project more than eight inches from the facade nor project above the top nor beyond either side of the facade.

[Amended by Ord. No. 2-2019, 1-29-2019]

Signs are permitted only on the first story of a building except as otherwise provided below for window signs.[1]

[1]

Editor's Note: Former § 33-18(c)(5)e6 of the 1965 Code, Uniformity, which immediately followed this subsection, was repealed 11-13-2017 by Ord. No. 33-2017 and 6-19-2018 by Ord. No. 17-2018.

Window signs.

A window sign shall not exceed 30% of the window area of the window in which the sign is proposed.

Only one window sign shall be permitted for each occupancy, provided that such a window sign may only be permitted on a window located within the area of the building occupied by such occupant.

No window signs shall be permitted above the second story of a building.

There shall be no self-illuminated signs in a window or door frame.

Window signs must not be handwritten and must be typeset, computer-generated or otherwise professionally printed.

Window signs shall be done in professional lettering or etching. Window signs shall be included in the total percentage of signage allowed on the storefront, in combination with any wall, projecting or awning signs.

Window signs shall be contained, in their entirety, to each individual window.

No window sign shall split words or letters from one window to another window.

Any pieces of equipment bearing a company or product logo shall be maintained at a minimum distance of 18 inches from the glass surface or the logos shall be covered up by an appropriate material.

10.

All window signs within a building shall be uniform in color.

11.

Advertising and/or identification of membership in a retail or professional organization or credit card, credit association or plan manufacturers' identification or legally required licenses, when attached to or painted on a window of any structure, alone or in combination with a permitted business sign placed upon the same window, shall not exceed 30% of the square footage of the total clear glass or glazing area.

Motion. No business sign shall be, in whole or in part, moving, flashing, animated, mobile or revolving.

Exemption. The foregoing criteria [Subsection (c)(5)a through g] shall not apply to the following exterior business signs, which are permitted subject to the following limitations:

A professional nameplate affixed to the door or exterior wall of a premises so used, not to exceed eight inches by 20 inches per professional occupant.

A memorial sign or tablet indicating the name of a building or the date of its erection, which is cut into the masonry surface or constructed of bronze or other incombustible material.

Signs for public convenience and welfare erected by or on behalf of the United States of America, the State of New Jersey, the County of Bergen or Township of Teaneck, traffic controls in private ways and parking lots, legal notices, railroad crossing signs, historic markers approved by the Township Council or other signs as required by law. The size, color and design of signs for public convenience and welfare shall conform to the latest Manual on Uniform Traffic Control Devices for Streets and Highways, United States Department of Transportation, Federal Highway Administration.

Temporary signs, customary and sometimes necessary in connection with the erection of new buildings, limited to one sign for each construction project and including only the identification of the project, the building, architects, engineers and contractors. Such sign may be freestanding or attached to the premises but shall not exceed 12 square feet in area and shall be removed at the completion of construction or at the expiration of 12 months from the date of original installation, whichever occurs first in time. Temporary banners or signs for storefronts in the business districts shall adhere to existing restrictions for business signs with regard to size of lettering and overall signage allowed. Temporary banners must be properly secured and anchored to the storefront so as not to move or come loose. Temporary new business banners may not be erected more than 60 days prior to opening of said business and shall be allowed up to 90 days after the opening or approval of the Planning Board. A permit for a conforming sign or a denial for a nonconforming sign shall be decided within two business days of the application being submitted for the temporary sign.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The interior contents of lawfully permitted signs specifically designed to be changed from time to time, such as church announcement boards, theater marquees, restaurant menus and the like.

Temporary signs for public and charitable purposes, including exterior decorating for holiday or patriotic purposes, for a period of time not to exceed one month.

Freestanding signs. In the L-1 District and B-2 District, in lieu of business signs affixed to the building facade, not more than one freestanding sign may be permitted for each 100 feet of frontage on a public street, subject to the following additional criteria:

The aggregate area of the sign's two sides shall not exceed 50 square feet.

No freestanding sign shall be located within 20 feet of the boundary line of the property where it adjoins a public street or within 20 feet of a public or private off-street parking area or interior driveway or within 50 feet of the boundary of a residential district.

The top of a freestanding sign shall not be greater than 12 feet above the finished grade at the base of the sign.

Nonconforming signs. All nonconforming signs shall be removed from the facade of a building within 10 days of the tenant vacating the space. Sign faces of conforming signs shall be covered with an opaque material within seven days of a tenant's vacation of the space.

Non-English signs.

Purposes and findings.

The Township of Teaneck is a diverse community made up of a variety of peoples of differing nationalities, national origins, languages, race, religion, ethnicity, and cultures.

While Teaneck welcomes the expression of this diversity, it also recognizes as a compelling governmental interest that such expression not result in the discriminatory exclusion of any group from access to places of public accommodation, including retail stores, restaurants, or other places to which the public is invited and which are governed under New Jersey's Law Against Discrimination (N.J.S.A. 10:5-1 et seq.).

The Township of Teaneck finds that the use of signs on such places of public accommodation exclusively in a non-English language or alphabet has the discriminatory effect of effectively excluding persons of other nationalities, national origins, race, religion, ethnicity or cultures from such places of public accommodation.

[iv]

In addition, the effective exclusion of such persons from places of public accommodation has a deleterious effect upon the growth and vitality of the business districts within the Township of Teaneck which the Master Plan of the Township of Teaneck recognizes as significant government interests.

[v]

Furthermore, signs which the public at large can neither read nor understand make it more difficult to identify or describe the premises in the event of emergencies or for Code enforcement purposes, and thus are detrimental to the public's health, safety and welfare.

Requirements. For the reasons set forth above, any sign which identifies a nonresidential use and is in a language or alphabet other than the English language or alphabet shall include comparable wording of equal-size lettering in the English language and alphabet.

Projecting signs.

Projecting signs shall only be a secondary business sign, not the primary business sign.

A projecting sign must be included in the overall sign area allowed for the frontage.

The area of a projecting sign must not exceed nine square feet.

The outermost edge of a projecting sign must not extend more than four feet from building.

The bottommost edge of a projecting sign must not be less than eight feet from the ground.

Projecting signs must project from a building at an angle of 90°.

A projecting sign must be located at the level of the sign band between the first and second stories of the building.

A projecting sign on a one-story building is to be located between the level of the sign band and the roof.

When more than one storefront occupies a single building, all projecting signs must be hung at the same height.

10.

Projecting signs must be constructed of wood, metal, PVC, or HDU.

11.

Projecting signs must be two-faced.

12.

Projecting signs cannot include street or phone numbers.

13.

If illuminated, projecting signs must be externally illuminated.

14.

Any projecting sign that projects past the property line, into the public way, must go before Township Council for approval of encroachment.

Ground signs. For all commercial districts, excluding along Route 4, freestanding or ground signs are permitted when fronting on a public or private street or parking area, provided that the following standards are met:

The business structure is not visible from the street or the business being conducted is one that does not use a building structure (such as operation of a parking lot, for example) or is of automotive business use (such as a gas station). The ground signs that identify such business uses shall be as follows:

The height of the signboard, or of any posts, brackets, or other supporting elements, shall not exceed 12 feet from the ground.

The area of the signboard shall not exceed 20 square feet per side (a total of 40 square feet for two-sided signs).

The sign shall refer to the business or businesses located on the same lot as the sign.

The sign may not impede or interfere with pedestrian or vehicular traffic, or protrude over a sidewalk.

The business or professional use occurs in a building which has been modified for such use but still maintains a residential or historic appearance. The ground signs, which identify such business use, shall be as follows:

The signboard shall be constructed of wood, with wood or cast-iron brackets, and is architecturally compatible with the style, composition, materials, colors, and details of the building. Any illumination must be external.

Said signs shall not exceed four feet in height, including posts, and the maximum area for such signs shall be 10 square feet for each face (total of 40 square feet for two-sided).

Service entrances for commercial establishments may be identified with one sign not exceeding two square feet in area.

Box signs. Box signs are not permitted. Existing box signs shall be removed upon change of tenant unless the name of the business remains exactly the same; the box sign must be removed if the name changes.

Neon signs. No interior or exterior neon signs are permitted.

Lighting and illuminated signs. All illuminated signs are subject to the following limitations:

[Amended by Ord. No. 2-2019, 1-29-2019]

For security and safety purposes, every first-floor storefront business shall leave at least one internal light on after close of business until daylight. This may be a window light or a light further inside the business, but must light the inside sufficient enough to illuminate the interior at a level of at least 10 footcandles.

Except as noted below, internally illuminated signs are not permitted. The following types of internally illuminated signs are permitted:

Channel letters with translucent faces containing lighting elements inside each letter.

Reverse channel letters with halo lighting, provided that the source of the illumination itself must not be visible.

No sign shall have blinking, flashing, strobe or fluttering lights or any other illuminating devices which have a changing light intensity, brightness or color, except for time and temperature.

Externally illuminated signs shall only be permitted where the sources of illumination are shielded in such a manner that the same are not visible from the street or adjoining property (i.e., no exposed light bulbs or lamps).

Floodlights or spotlights used for illumination of signs, whether or not such lights are attached to or separate from the building, shall not project light beyond the sign. Gooseneck reflectors and lights shall be permitted, provided that the reflectors shall be provided with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.

In no instance shall the light intensity of any illuminated sign exceed 75 footcandles measured with a standard light meter measured at any point in front of the sign at a distance that is no greater than the smallest horizontal or vertical dimension of said sign. There shall be no electrical conduit located on the exterior facade of the building used to provide electric power to any sign.

Security gates.

It shall be unlawful to construct or install a security gate over or across the front door or windows of any nonresidential, commercial or industrial premises, property or structure. All security gates shall be installed inside such premises.

No security gate shall be solid or impermeable in nature. Security gates shall be of a type commonly referred to as the "grate" or "lattice" type, with a minimum of 80% of the gate area being of see-through composition. All gates and the accompanying hardware shall be of suitable materials and maintained in a state of good repair.

(7)

Window covering. Retail storefronts shall not have curtains, blinds, or shades closed covering more than 30% of the window area.

(8)

Canopies and awnings. Awnings and canopies are permitted in all districts as accessory structures, accessory to the building to which they are affixed, in accordance with the following criteria:

They shall be permitted only on building walls that front on a public street or rear entrances facing a public street or parking lot.

They shall be limited in size and placement as follows:

Total area shall not exceed four square feet for each linear foot of front wall width.

They shall not project more than three feet from the building wall.

They shall not project past the property line, except for nonresidential uses in B-1, B-2 and BR Districts. Any awnings that project past the property line, into the public way, must go before Township Council for approval of encroachment.

The bottom of the awning and the bottom of the horizontal plane of the canopy shall be not less than eight feet above grade, and the top of the awning or canopy shall be no higher than 12 feet above grade.

They shall be mounted below any sign and above the storefront. Any writing shall conform to the sign requirements set forth herein. An awning or canopy may not be erected over an existing sign on the storefront. Any signs that exist on the wall behind where the awning will be mounted must be removed before the awning is installed, and any repairs to the wall upon the sign's removal must be made according to Chapter 29A, Property Maintenance Code.

They shall be constructed of weather-resistant, matte acrylic material that will not readily tear. They shall be securely affixed so that they will not readily become detached from the structure to which they are accessory. Materials and style of awnings are addressed below in Subsection (c)(8)f.

They shall not interfere with any window, fire escape or opening designed to provide light and air or ingress to or egress from any building.

The following solid colors are permitted: burgundy/maroon, dark green, dark blue, dark brown and black. No Day-Glo or fluorescent colors are permitted.

Awnings and canopies shall be made of a canvas or canvas-like material (such as Sunbrella brand) and shall be opaque so that light will not shine through. No waterfall-style awnings are permitted; only shed-shaped awnings are permitted over windows and bullnose or domed framed awnings are only permitted over doorways. (See examples at end of chapter.[2])

[2]

Editor's Note: Examples are on file in the Township offices.

No "egg crate" internal illumination of awnings is permitted; provided, however, that down lighting which lights the area beneath the awning without any glow or emission of light through the awning shall be permitted.

Lettering on the drop flap of the awning shall not exceed eight inches in height.

Awnings must not display any text other than the business name, logo, street number, or phone number. If a phone number or address is on the awning, its lettering must be a smaller size than the other lettering on the awning, or a maximum of six inches in height on the drop flap.

Lettering or logo on the vertical height part of the awning (i.e., the face of the awning) shall not exceed 10% of the overall square footage of the vertical front of the awning, while still keeping with the size restrictions allowed for total signage.

The combined area of signs on awnings or canopies in excess of five square feet must be counted in the total area allowed that building for its exterior signs.

Any text or logo on existing awnings may not be covered up with tape or paint or any other means other than professional replacement of said text or logo that does not show signs of old text or logo. If this cannot be accomplished, a entirely new awning or sign must be installed.

Awnings and canopies for each occupant in a single building with multiple occupants shall be complementary in color, height and design.

(9)

Miscellaneous provisions.

All illuminated signs shall be shielded so as to prevent glare, and no sign shall be illuminated by lighting of intermittent or varying intensity, nor shall any sign be illuminated by any color light other than white.

Freestanding traffic control signs are permitted in addition to signs affixed to the building facade or freestanding business signs, provided that:

The signs provide traffic directions only.

The top of the traffic control sign shall be no greater than six feet above the finished grade at the base of the sign.

The size, color and design of such sign shall conform to the latest Manual on Uniform Traffic Control Devices for Streets and Highways, United States Department of Transportation, Federal Highway Administration.

Noncommercial exterior signs are permitted, not exceeding two square feet, including but not limited to the designation of restrooms, telephone location, restrictions on smoking and exitways.

No sign shall be permitted accessory to a boardinghouse and/or rooming house indicating such a use.

One sign illuminated by white light only shall be permitted identifying a school, house of religious worship, public building or any other such public or quasi-public use, affixed to a suitable post or upon the facade of the building, located not less than 10 feet from any street or property line and not exceeding four feet in length on any one side.

Banners, streamers, flags, spinners, bunting and similar devices are prohibited except in conjunction with the opening of a business, in which event such display shall not exceed 30 days from the opening date of said business. Such display must also only be affixed to the building within which the business is located and not extend across any public right-of-way such as a street or sidewalk. Such devices require obtaining a permit from the Building Department and cannot be utilized prior to obtaining said permit.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

One temporary sign per lot may be affixed to a building, identifying the campaign headquarters of a political candidate or candidates. The following additional criteria shall apply:

The area of the sign on the front facade of a building shall not exceed two square feet for each linear foot of front wall width or 125 square feet, whichever is less. The area of the sign on the side facade or rear facade of a building shall not exceed one square foot for each linear foot of side or rear wall width or 62 square feet, whichever is less.

Each sign shall be erected parallel to the face of the facade, not projecting more than 12 inches therefrom, nor projecting above the top or beyond either side of the building facade. The bottom of the sign shall be at least eight feet above the highest point of the finished grade along the applicable facade.

The sign shall be constructed of such material that it will not readily tear, and it shall affixed so that it will not readily become detached.

The sign shall not be posted or displayed prior to 90 days before the election or referendum to which it relates and shall be removed within 15 days after said election or referendum.

The sign shall not be posted or displayed in such a manner as to obstruct or substantially interfere with any window, door, stairway, fire escape or opening designed to provide light and air or ingress to and egress from any building.

Any text or logo on existing signs may not be covered up with tape or paint or any other means other than professional replacement of said text or logo that does not show signs of old text or logo. If this cannot be accomplished, an entirely new sign must be installed.

(d)

Outdoor cafes.

[Amended by Ord. No. 29-2019, 9-10-2019; Ord. No. 10-2022, 3-15-2022; Ord. No. 40-2023, 11-21-2023]

Purpose. The purpose of this subsection is to establish a procedure and authorize rules and regulations thereunder for the licensing of outdoor cafes in the B-1 Business-Retail Zone, MX-1 Mixed Use-1 Zone, MX-2 Mixed Use-2 Zone and the B-R Special Business-Residential Zone of the Township.

Definitions. For the purpose of this subsection, the following words or terms shall have the following meanings:

OUTDOOR CAFE

An accessory use to a restaurant or fast-food restaurant, as defined in Chapter 33 of the Township Code, § 33-3, where food and other refreshments are served upon the public right-of-way, namely the sidewalk, as defined herein, immediately in front of any such restaurant or where permitted herein on private property.

SIDEWALK

The area of the public right-of-way reserved for pedestrian traffic from the curb to the front property line of the building housing a restaurant.

It shall be unlawful for any person, firm, partnership, corporation, association, or organization of any kind (hereinafter collectively referred to as "person") to create, establish, operate, maintain, or otherwise be engaged in the business of conducting an outdoor cafe upon the sidewalks of the Township, unless such person shall hold a currently valid certificate of use issued pursuant to the terms of this subsection.

No certificate of use shall be issued hereunder unless the holder of the certificate of use (hereafter "permittee") shall demonstrate:

Ownership of the restaurant to which the outdoor cafe is accessory;

That the property allows a minimum of four feet of unobstructed sidewalk for pedestrian traffic around such outdoor cafe; and

That such outdoor cafe is directly in front of the restaurant to which the outdoor cafe is accessory. The term "directly in front of" shall confine the outdoor cafe to the area represented by an extension of each side of the front of the building occupied by the restaurant, projected to the curbline immediately in front thereof.

Separate application for the certificate of use required hereunder shall be made to the Construction Official for each location and shall be signed by the applicant, under oath.

The application shall contain the following information:

The name, residence address and telephone number of each individual, owner or partner; or, if a domestic corporation, the names, residence addresses and telephone numbers of the directors and officers owning a 10% or greater interest in the corporation and the chief operating executive of the corporation; and, if a nondomestic corporation, the name, residence address and telephone number of the managing officer for service of process within the State of New Jersey and a copy of the qualification of said nondomestic corporation to conduct business in the State of New Jersey.

A copy of the assumed business, if any, in which the applicant intends to establish or operate an outdoor cafe.

The address and description of the place where the applicant intends to establish or operate an outdoor cafe.

The name and address of the person owning the premises, if other than the applicant, and the consent of the owner of the premises to the application.

A copy of a location survey, prepared by a surveyor, licensed in the State of New Jersey, of the subject premises.

Three sets of a proposed layout plan containing scaled drawings, prepared by an architect licensed in the State of New Jersey, clearly illustrating the number, type of materials, color and location of all tables, chairs, umbrellas or other furnishings or fixtures intended to be located in the outdoor cafe.

The scaled drawings shall also illustrate the following:

The location of any doors leading from the eating establishment to the outdoor cafe. No such doors may be obstructed in any manner.

The number of feet and location of unobstructed space permitted for free passage of pedestrian traffic around each outdoor cafe.

The interior location, at or near the doors leading from the eating establishment to the outdoor cafe, where any food or drink is intended to be prepared.

The location of all fire hydrants, utility poles, benches, handicap ramps, street furniture, trees, and any other fixtures permanently located on the sidewalk in front of the eating establishment or within 10 feet thereof on either or any side.

An application fee as set forth in the Township Code.

The Construction Official shall review the application for completeness and compliance with the terms of this subsection. If the application is complete, the Construction Official will act upon the same within 10 business days of the submittal of the application. If the application is not complete, the Construction Official will so notify the applicant within 10 business days of the submission and specifically detail the areas in which the application lacks compliance with the requirements of this subsection.

(7)

If the application complies with this subsection, the Construction Official shall issue a certificate of use strictly subject to the terms and conditions of this subsection.

(8)

The certificate of use is personal to the applicant, and any change or transfer of ownership of the restaurant to which the outdoor cafe is accessory shall terminate the certificate of use and shall require new application and a new certificate of use in conformance with all of the requirements of this subsection.

(9)

Acceptance of the certificate of use by the applicant shall operate as a consent to the health, fire, police and building officials of the Township to inspect the outdoor cafe for continued compliance with the terms and conditions of this subsection and any federal, state, county or local law, ordinance or regulation affecting the same.

(10)

Indemnification requirement. No certificate of use required by this subsection shall be granted to any person to operate an outdoor cafe until such person shall have filed with the Construction Official a statement agreeing to indemnify and hold harmless the Township, its agents, servants, representatives or employees from any or all claims, damages, judgment costs or expenses, including attorney fees, which they are required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the outdoor cafe for which the certificate of use is issued.

(11)

Liability insurance requirement.

No certificate of use required by this subsection shall be granted to any person to operate an outdoor cafe until such person shall have first filed with the Construction Official a comprehensive general liability policy issued to such person by a public liability insurance company authorized to do business in the State of New Jersey affording the coverages set forth below in the amounts specified. Such insurance policy shall name the Township of Teaneck, Paul A. Volcker Municipal Green, 818 Teaneck Road, Teaneck, New Jersey 07666, its agents, officers, servants, representatives, and employees as additional insured with respect to the operation and maintenance of the outdoor cafe in the following amounts:

Type	Amount
Bodily injury, each person	$300,000
Each accident	$1,000,000
Property damage, each person	$300,000
Each accident	$1,000,000

The insurance coverage required by this subsection shall at all times be maintained for the full amount. The policy of insurance required by this subsection to be filed with the Construction Official shall contain a clause obligating the company issuing the same to give not fewer than 30 days' written notice to the Township Clerk before cancellation or amendments of any of the terms thereof. Notice of cancellation shall not relieve the company issuing such policy of liability for any injury or claim arising before the cancellation becomes effective. The cancellation of any such policy shall have the immediate affect of suspending the certificate of use of such person to operate the outdoor cafe covered thereby until a new policy complying with the provisions of this subsection is filed with the Construction Official and a letter in writing confirming the new effective date of the certificate of use is issued by the Construction Official.

(12)

Every insurance policy required hereunder shall contain a provision for continuing liability thereunder to the full amount thereof notwithstanding any recovery thereon, that the liability of the insured shall not be affected by the insolvency or the bankruptcy of the insured and that until the policy is canceled the insurance company will not be relieved from liability on account of nonpayment of premium or of any act or omission by the named insured. Such policy of insurance shall be further conditioned for the payment of any and all judgments up to the limits of such policy.

(13)

Revocation or suspension of certificate of use. Any certificate of use issued hereunder is issued solely as a revocable certificate of use, which shall be subject to revocation or suspension by the Township Manager for failure of any permittee to comply with this subsection or for violation of any other applicable federal, state, county or municipal law, regulation, or ordinance. Any certificate of use issued hereunder is issued upon the express understanding that the permittee obtains no property rights thereunder nor any interest in the continuation of said certificate of use.

(14)

It shall be unlawful for any person to operate an outdoor cafe after the suspension or termination of the applicable certificate of use.

(15)

Each permittee is responsible for keeping the area of the outdoor cafe and the adjacent walks and streets free and clear of any obstruction, debris or litter occasioned by the cafe. The permittee shall ensure that the operations of the outdoor cafe and any and all furniture or fixtures associated therewith do not in any way interfere with or deny access to any fire hydrant, utility pole, bus stop, garbage receptacle, or any other municipal or public service. Areas must be cleaned as needed and at the time that the business closes and at the beginning of each business day, but not later than 9:00 a.m.

(16)

No vending machines of any kind shall be permitted on the exterior of any building operating an outdoor cafe. No food or drinks served at such outdoor cafe shall be prepared or stored other than in the interior of the restaurant.

(17)

Signs. No signs shall be permitted in the area of the outdoor cafe except signs on awnings and/or canopies complying with § 33-18 of the Township Code. Outdoor umbrellas located in an outdoor cafe shall be exempt from § 33-18.

(18)

In addition to the powers of suspension or revocation as set forth above, the Township reserves the fight to modify, suspend or revoke any certificate of use on 10 day's written notice if it is determined by the appropriate Code Enforcement Official that pedestrian traffic is impeded or made unsafe because of the operation of an outdoor cafe or because of any other safety issue which a Code Enforcement Official determines to adversely affect the public interest. The certificate of use may also be suspended or revoked on 10 days' written notice in the event that it is determined that it is necessary to utilize the area or any part thereof for the maintenance or installation of underground utilities. In the event of an emergency, as certified by the Township Manager, the certificate of use may be suspended or revoked without notice.

(19)

Outdoor cafes shall be permitted to operate January 1 to December 31 in the calendar year, except when there is snow or ice along or on any sidewalk or curb area in front of the establishment for which the permit is issued or within 200 feet thereof. The certificate of use, when issued, shall be valid only for the calendar year during which it is issued. For the period in which P.L. 2022, c. 85 is in effect, restaurants utilizing outdoor cafes shall be limited to using tents, canopies, umbrellas, and any other overhead structures permitted by state statute, from April 1 to November 30 of each year, whether temporary or permanent, and shall remove said structure during all other times.

(20)

No tables, chairs or other equipment used in the outdoor cafe shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk or property of the Township within or near the permitted area.

(21)

The permittee agrees that, at the end of each business day, all tables, chairs, furnishings, or fixtures [as may be required by P.L. 2021, c. 15, § 3(e)] for cafe purposes shall be removed from the sidewalk to allow for unimpeded pedestrian traffic. All outdoor furniture once removed shall nevertheless likewise be reasonably secured against wind and weather. Failure to do any of the foregoing shall grant to the Township the right to remove any property on the sidewalk, and the permittee agrees to reimburse the Township for the cost of removing and storing the same.

(22)

The permittee shall not direct or permit to be directed to or from the area occupied by the outdoor cafe any bell, chime, siren, whistle, loudspeaker, public address system, radio, sound amplifier, musical instrument, or similar devices.

(23)

No outdoor cafe shall open for business prior to 7:00 a.m. or remain open for business after 11:00 p.m. All persons occupying the outdoor cafe shall vacate the same no later than 11:30 p.m.

(24)

The permittee agrees to clean every table immediately after use. No paper or plastic or any type of disposable utensil, glass, cup, or plate may be used within the outdoor cafe.

(e)

Site and building design requirements in the R-MO3 District. In reviewing applications for site plan review within the R-MO3 District, the approving authority shall consider the following criteria set forth in the following provisions. In reviewing such applications, the approving authority shall have the power to grant such waivers from the following provisions as may be reasonable and within the general purpose and intent of this chapter if the literal enforcement of one or more provisions of this subsection is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

[Added by Ord. No. 48-2015, 2-9-2016]

Buildings.

All buildings in the R-MO3 District shall be located with the proper consideration of their relationship to other existing and proposed buildings, in terms of light, air and usable open space, access to public rights-of-way and off-street parking, height and bulk.

Groups of related buildings shall be designed to present a harmonious appearance in terms of architectural style and exterior materials and be attractive from all vantage points.

Building setbacks and heights shall be varied in order to avoid a monotonous uniformity of development.

All buildings shall have a base which shall be designed according to the following:

The base facade shall be four feet to six feet in height.

The base facade shall be constructed of masonry, including, but not limited to, stone, brick, or textured concrete. Concrete block is prohibited. Glass shall constitute 15% of the first story and at least 30% of all stories above the first story.

Window openings more consistent with the residential use may be utilized instead. However, in no instance shall blank walls be permitted.

At the top of the base, a visual cue or indicator such as a cornice, belt coursing, a significant change in the glass-to-solid ratio, or any other indicator consistent with the design, proportions, and materials of the base shall be provided.

Access by the elderly, physically handicapped and/or disabled shall be required. Design standards shall meet, at a minimum, barrier-free design regulations as specified in the Uniform Construction Code. Handicapped parking requirements shall meet, at a minimum, regulations as specified in the state code.

Roof treatment, mechanical screening and electrical equipment.

All buildings shall have a significant top designed to gracefully cap the structure. The Planning Board may permit the cap requirement to be replaced by the use of articulated elements that create the perception of a lower-scale structure.

All mechanical equipment located on any roof of a building shall be screened from view from all vantage points with a material identical to that used in the facade of the structure. The screening shall not impair the functioning of the equipment.

Wherever roofs can be seen or looked down upon from adjacent buildings, a roofscape plan must be developed and submitted for approval. Roofscapes shall include mechanical equipment, trellises to obscure views, colored roof patterns and landscaping. Parking decks shall be designed to obscure the view of broad expanses of parking with the use of landscaping, screens, trellises and roofs. Parking shall not be visible on the roof of any deck. Roof gardens over parking decks are permitted and encouraged.

All electrical communications equipment shall be located in such a way that it does not negatively impact the appearance of the buildings or create objectionable views as seen from surrounding structures.

The roof treatment may include features such as wind turbines, solar collectors, green roof technology, and observation areas. If these features are incorporated, they must be designed and integrated into the overall composition of the building.

Streetscape.

All buildings shall be designed to front on a public street to encourage and create a street wall and a pedestrian environment at a human scale. This requirement shall be met by providing pedestrian access to the uses and structures along the sidewalk or walkway along the street frontage.

Main entrances into buildings shall be located on public streets.

Secondary entrances may also be provided from parking areas and/or as necessary according to the design of the structure. In addition, buildings shall provide convenient access to and from the parking structure and accessory retail uses, if provided. Elevators from parking levels shall provide access to the deck level without directly continuing into the residential portions.

A decorative streetscape, sidewalk and street trees in grates or with guards shall be provided in conjunction with every site plan along Alfred Avenue.

Utility distribution lines, utility service connections, and all other cable, telephone, or other communication lines to project area uses shall be located underground.

Circulation and open space requirements.

Interior driveways within the site shall be so designed as to discourage through traffic.

Sidewalks and paved areas within open space and garden areas shall be attractively and durably paved with a suitable variety of minimum maintenance type materials and provided with adequate lighting.

Open spaces shall be so located as to provide for maximum usability, shall be continuous and provide for pedestrian movement and access to recreational areas.

Modern, decorative, pedestrian-friendly traffic-calming techniques shall be utilized both within the site and along Alfred Avenue.

At least two ingress and egress locations shall be provided to all parking structures, and access around all sides of such structures shall be provided for firefighting purposes.

Off-street parking and loading design requirements.

Parking ratios for residential uses shall meet RSIS standards.

Hotels shall provide up to a maximum of one space per room up to 100 rooms; 0.5 space per room for 101 to 250 rooms; 0.3 space per room for over 250 rooms; and one space per 1,000 square feet of gross floor area for meeting rooms, banquet rooms, restaurants, and conference rooms (excluding hall, lobby, mechanical, and utility spaces), and shall be included in the total number of spaces provided.

Parking may be provided in multilevel garages, in conjunction with or below multifamily residential buildings, but shall not be permitted as stand-alone structures.

Parking may also be provided within a multilevel, mixed-use parking structure that is partially embedded in the ground.

No on-street parking shall count towards the minimum requirements.

All required parking spaces must be a minimum of nine feet wide by 18 feet deep except for handicapped spaces. A number of smaller spaces for compact and subcompact cars may be considered. Fifteen percent of the spaces may be compact with minimum dimensions of eight feet by 16 feet.

Structured parking in garages or principal buildings shall meet the following requirements:

All parking structures shall be fronted and masked along all street frontages or areas visible from a street by residential, retail or recreational uses.

The parking structure shall be designed to eliminate headlight glare by the provision of opaque screening for headlights and placement of interior garage lighting to be directed into the structure and mounted on the interior side of columns.

The facade of the parking levels in the building shall be designed to provide visual interest.

The exterior material and design shall be the same or similar, to the greatest extent possible, as the exterior walls of the principal building.

Any openings in the garage facade shall be of the punched type and relate in design to the fenestration pattern of the principal building. All openings shall be screened with glass or decorative metal grills. (Chain link is prohibited.) Any openings shall be in a vertical proportion.

Blank walls on any facade are prohibited.

All building and garage access points shall be provided at street level and designed to encourage street activity.

Landscaping and lighting of parking areas.

Surface parking facilities shall be extensively landscaped and large concentrations of parking without landscaping shall be prohibited.

All parking areas abutting streets shall be landscaped on the periphery with berms, shrubs, trees and/or ground cover.

All access drives shall be well-landscaped along their perimeter.

Landscaping shall be required for any part or any parcel not used for buildings, off-street parking, or loading spaces. The site plan shall include proposals for landscaping, indicating the location, size and quantity of the various species to be used.

Surface parking lots for more than 10 vehicles shall provide a screen planting or dense evergreens, landscaped berm, and/or decorative planting, not less than three feet high, and six feet in height for any loading areas along any street line and along all property lines except those instances where a building intervenes or where the proposed planting may interfere with sight triangles.

Surface parking lots shall contain interior tree planting of one tree per 15 parking stalls, in addition to tree plantings provided along the perimeter of the parking lot and in addition to those within the street right-of-way.

Decorative protected pedestrian walkways shall be provided through parking lot(s).

Lighting used to illuminate off-street parking and loading areas shall be arranged and shielded to prevent the spillage of light off the premises and shall be in accordance with the lighting requirements of Chapter 33, Development Regulations, Article V, Zoning, of the Code of the Township of Teaneck.

All required parking and loading areas shall be provided off street. All such parking and loading areas shall be graded and paved with a durable, dust-free surface and adequately drained. All parking and loading areas shall be designed in accordance with requirements of Chapter 33, Development Regulations, Article V, Zoning.

Landscape design requirements.

Landscaping shall be required for any part of any parcel not used for buildings, off-street parking, or loading space. The developer's plan shall include plans for landscaping indicating the location, size and quantity of the various plant species to be used in landscaping, as well as proposals for berms and other earth sculpting.

Open space shall provide visual and functional elements such as benches, low walls, drinking fountains, refuse containers and planters, and public fountains.

Open space amenities shall include decorative material such as stone, brick, or asphalt pavers; stamped and tinted concrete; decorative lighting; and other such detailing. Adequate lighting shall be provided to encourage active usage and a sense of security in the open space. Open space shall be distributed so as to provide for maximum usability.

Through creative design, open space features shall address the need for human comfort and enjoyment and provide both active and passive leisure uses for secure and pleasant outdoor and indoor settings to meet public and private use requirements. Open space and plazas shall be designed at a human scale to invite and attract the public.

Open space shall be oriented to focus on areas to maximize views.

There shall be one linear foot of seating for each four linear feet of plaza or roof garden on the roof deck of parking structures, subject to site plan review and approval by the Teaneck Planning Board. Seating space may include planters, benches, fountains, etc.

Green roofs are permitted.

(f)

Site and building design requirements in the R-M3 District. In reviewing applications for site plan review within the R-M3 District, the approving authority shall consider the following criteria set forth in the following provisions. In reviewing such applications, the approving authority shall have the power to grant such waivers from the following provisions as may be reasonable and within the general purpose and intent of this chapter if the literal enforcement of one or more provisions of this subsection is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

[Added by Ord. No. 1-2016, 2-9-2016]

Building facade. Special attention needs to be paid to the facade of any new building on Teaneck Road. As indicated in the 2007 Master Plan, it is necessary that attractive building facades and pedestrian amenities be provided along Teaneck Road to help revitalize the corridor.

Pedestrian entrance. Any new building shall include a pedestrian entrance on Teaneck Road.

Off-street parking. Off-street parking shall be screened from view from Teaneck Road, to the extent practical, by locating the parking behind and/or underneath the building.

Fire protection. Any new building shall comply with NFPA 13 requirements, including fire separation walls and sprinkling of both occupied and nonoccupied spaces.

Other design standards. The zone shall remain subject to the other standards of the Code of the Township of Teaneck, including the site design standards set forth in § 33-18, as well as signs, off-street parking, fences and other related standards set forth in §§ 33-27 to 33-29.

(g)

Site and building design requirements in the R-RO District. In reviewing applications for site plan review within the R-RO District, the approving authority shall consider the criteria set forth in the following provisions. In reviewing such applications, the approving authority shall have the power to grant waivers from the following provisions as may be reasonable and within the general purposes and intent of this chapter, if the literal enforcement of one or more provisions of this subsection is impractical or will enact undue hardship because of peculiar conditions pertaining to the land in question.

[Added by Ord. No. 14-2017, 7-6-2017]

Vehicular access and parking location.

No curb cuts are permitted along East Oakdene Avenue, nor shall parking garages or surface parking spaces have direct access to East Oakdene Avenue. Instead, vehicular and parking access for all units shall be provided by means of a shared access driveway linking to Glenwood Avenue.

Parking garages and surface parking spaces are permitted to be located either in front of the buildings facing East Oakdene Avenue or to the rear of buildings, but not both. Parking garages and parking spaces shall not be located along the Glenwood Road frontage or along exterior side lot lines.

Pedestrian walkways, shade trees and site lighting.

A publicly accessible sidewalk or walkway shall be provided adjacent and parallel to the East Oakdene Avenue frontage and on both sides of Glenwood Avenue either within the property or by means of deeding an eight-foot strip of land to the Township of Teaneck along such roadways for the purpose of providing such a sidewalk. The sidewalk shall have a minimum five-foot clear width and be connected via walkways to each residential entry of the new buildings along this front facade.

Sidewalks should also be built to connect the ends of any surface parking areas or common walkways to East Oakdene Avenue at the far west and eastern ends of the project and to Glenwood Avenue in the middle.

Shade trees and streetlighting per the requirements of Teaneck's Development Regulations (Chapter 33) shall be provided along East Oakdene and Glenwood Avenues.

Yard design. The design of front yards depends on the location of parking and vehicular access, as follows:

If garages and parking access driveways are placed at the rear of the site, the front setback facing East Oakdene Avenue is recommended to be designed with individual green yards for each unit or pair of stacked units (i.e., each yard that would be shared by two stacked units), particularly where a generously deep front setback is provided. For smaller front setbacks, the front setback area can be designed in a more urban fashion, with a small landscaped area, decorative plantings, and a generous front porch or stoop rather than a green yard.

Front walkways are required to connect front doors to the required sidewalk along East Oakdene Avenue. In addition other design cues such as low fencing or landscaping should be provided between adjacent front yards to make it more likely that residents will use the space in front of their units as private yards rather than a uniform common area.

If garages and parking access driveways are placed at the front of the property facing East Oakdene Avenue, front doors with porches or stoops are required to downplay the visual dominance of garages. In addition, an uninterrupted landscaped strip of at least five feet in depth shall be provided along East Oakdene Avenue. Focused areas of landscaping and decorative paving, along with building architecture, should be used to highlight the front entries and provide safe pedestrian access to the parking and circulation areas. The rear of the building should be designed as a series of green, private yards, with more conventional rear yard privacy fencing and landscaping.

Fencing and buffers.

A six-foot-high board-on-board fence of wood, simulated wood or PVC shall be provided along the rear property line. Any fences used in the front yard facing East Oakdene Avenue shall not exceed three feet in height and should likewise be comprised of wood, simulated wood or PVC. The same height and material requirements apply to other fences along the sidewalk and between individual front yards.

A buffer with a minimum width of 10 feet comprised of a double row of staggered trees with at least two varieties of evergreen and deciduous trees (four varieties in total) shall be provided along the entire length of the rear property line.

Building design.

Building entries.

The new buildings should present pedestrian-friendly frontages along both East Oakdene Avenue and the rear (internal portion) of the site.

Each townhouse or rowhouse unit shall have its own pedestrian entry along East Oakdene Avenue. Two vertically stacked townhouse or rowhouse units may share an entry along East Oakdene Avenue (i.e., with each unit having an internal entrance inside the front facade door), or each stacked unit may have its own separate entry on East Oakdene Avenue. These front entries shall be prominent and shall read as the "front door" of the building. They shall be elevated at least 18 inches above the grade of the adjoining yard and sidewalk.

A second entry, individual or shared in pairs, is also required for each unit at the rear of the building. While not needing to be as visually prominent as the front entries, these rear entries should still be architecturally highlighted, for example, by means of stoops, porches, overhanging porticos, side lights, and wall-mounted lighting.

Massing and articulation.

A front porch or stoop is required along East Oakdene Avenue for each rowhouse or townhouse unit, or for each pair of stacked rowhouses or stacked townhouses. Porches and stoops are permitted to project into the required front yard by up to five feet. Porches and stoops shall project outwards from, or be recessed within, the primary building facade plane by at least three feet, in order to emphasize the entries. This also helps distinguish each rowhouse or townhouse, or vertically stacked rowhouse or stacked townhouse bay.

Along East Oakdene Avenue, each individual unit or stacked unit shall be distinguished as a separate bay within the larger building mass by means of at least two of the following:

A change in facade plane between adjacent units of at least one foot.

Variation in roofline height and/or shape.

Distinguishing architectural details such as downspouts, trim, or changes in color or cladding material.

[iv]

Projecting bay or bow windows, balconies, overhangs, and porch/stoop design.

A lesser degree of individual bay articulation is required along the rear facade; however, individual units should still be distinguishable within the facade.

Flat or pitched roofs are permitted, as long as they remain within the maximum permitted height limit of 40 feet.

Building materials.

Building materials shall echo the material palette of homes in the surrounding neighborhood.

Pedestrian and garage doors shall include paneling and windows in the upper portions. Pedestrian entry doors facing East Oakdene Avenue shall be single doors; double French doors and sliding doors are prohibited along this facade.

Balconies. Balconies are encouraged for upper levels, particularly to provide outdoor space for any upper units in a stacked rowhouse/townhouse configuration. Along the front facade, balconies should be at least partially recessed within the facade plane in order to enhance privacy and avoid a tacked-on appearance.

(h)

Site and building design requirements in the R-AHO Residential Affordable Housing Overlay District. In reviewing applications for site plan review within the R-AHO District, the approving authority shall consider the criteria set forth in the following provisions. In reviewing such applications, the approving authority shall have the power to grant waivers from the following provisions as may be reasonable and within the general purposes and intent of this chapter, if the literal enforcement of one or more provisions of this subsection is impractical or will enact undue hardship because of peculiar condition pertaining to the land in question.

[Added by Ord. No. 6-2019, 3-26-2019]

Signs. See § 33-18(c) of this chapter.

Off-street parking. The minimum parking standards for both dimensions and number of spaces as well as driveways and other site improvements shall be in accordance with the New Jersey Residential Site Improvements Standards, N.J.A.C. 5:21-1.1 et seq.

Mechanical equipment. Any rooftop mechanical equipment, inclusive of solar panels, shall be concealed within the roof of the building so it is not visible from adjacent public streets or public park. Any ground-mounted mechanical equipment shall be screened appropriately.

Architectural design guidelines.

Primary materials for buildings shall be brick, wood, HardiePlank^® panels or similar fiber cement siding, stone, precast and cast stone and manufactured stone, and glass.

No more than three different primary materials shall be used on each building facade. Within the primary materials, variations in colors, texture and pattern may be employed to further break up the mass or bulk of a building.

The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building.

Fenestration shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned.

All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.

Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as canopies and recesses, may also be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall.

Similarly, in the case of a pitched roof, roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

(i)

Site and building design requirements for age-restricted or senior apartment development or mixed-use development in the R-SCII District. In reviewing applications for site plan review within the R-SCII District, the approving authority shall consider the criteria set forth in the following provisions. In reviewing such applications, the approving authority shall have the power to grant waivers from the following provisions as may be reasonable and within the general purposes and intent of this chapter, if the literal enforcement of one or more provisions of this subsection is impractical or will enact undue hardship because of peculiar conditions pertaining to the land in question.

[Added by Ord. No. 15-2017, 7-6-2017]

Vehicular access and parking location.

No curb cuts or garage doors shall be permitted on Teaneck Road. Vehicular access shall be provided from Westervelt Place and/or from Beveridge Street only. No more than two curb cuts or driveways shall be provided on each street, and such driveways shall be set back a minimum of 30 feet from the front property line on Teaneck Road.

Parking access driveways should be designed in a manner which provides for, or allows for, vehicular access to be provided in front of the building to both side streets, irrespective of whether the entire zoned parcel is developed at one time or in phases.

Ideally at-grade, under-building parking should be located behind active retail space or building lobbies. Otherwise, any portion of at-grade, under-building parking visible from a public street shall be architecturally screened along all street-facing frontage of the buildings so as to disguise and downplay the visibility of parking. In-ground or raised planter beds shall be provided in front of the building, to be planted year round with a variety of hardy plants. At-grade, under-building parking levels shall have large window openings that match typical ground-floor retail windows in size and proportion. Such garage window openings shall include decorative screening grilles and/or transparent glazing.

Any surface parking lots shall be located behind buildings having frontage on Teaneck Road. Circulation in rear surface parking lots should run parallel to Teaneck Road. A sidewalk or designated pedestrian walkway paths shall be provided between surface parking lots and the adjacent retail, residential or mixed-use building(s), to provide safe pedestrian connections to all rear building entries.

Fencing, buffers, lighting and landscaping.

A six-foot-high board-on-board fence of wood, simulated wood or PVC shall be provided along any property line adjacent to a residential use.

A buffer of a minimum width of 10 feet comprised of a double row of staggered trees with at least two varieties of evergreen and deciduous trees (four varieties in total) shall be provided along the entire length of property lines adjacent to residential uses.

Exterior lighting shall be limited to vehicle entrances, parking areas, retail entries (if retail uses are provided) and for residential uses at the front lobby pedestrian entry area only. A light fixture shall not exceed a height of 18 feet and shall have shields to prevent light spillage onto any adjacent property.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Areas of the site which are not covered by buildings or paving shall be landscaped with lawn, shrubs and trees.

Refuse and recycling. Refuse and recycling areas are encouraged to be provided within the building. If such areas are provided outdoors, they shall only be permitted in the rear yard and shall meet the same setbacks as that required for buildings. Such areas shall be shielded on all sides by wood, simulated wood or steel fencing, or walls of the same exterior material and color as that of the principal building, and sufficient in height to screen all refuse and recycling storage containers.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]