Waldwick City Zoning Code
ARTICLE XI
Zoning
§ 97-116 Prohibited uses.
Article XI of the Borough of Waldwick Zoning, Land Use and Development Code shall be viewed as permissive. In no instance after the adoption of this article shall any use be permitted in the Borough which is not listed as a permitted, accessory or conditional use as specified herein. Any uses not permitted or specified shall be prohibited. All permitted uses shall not be noxious or injurious to adjacent properties by reason of the production or emission of smoke, refuse matter, odor, gas fumes, noise, vibration or unsightly conditions.
A.
Uses specifically prohibited. Uses prohibited in all districts include but are not limited to the following:
1.
Trailer or tourist camps.
2.
Any unenclosed business, such as used car lots, unless an accessory use.
3.
Restaurants which sell or permit the consumption of food or beverages on any portion of their premises not within a fully enclosed building. This prohibition shall not apply to a restaurant that has obtained an outdoor cafe permit from the Borough of Waldwick.
[Amended 8-22-00 by Ord. No. 12-00]
4.
Junkyards.
5.
Automated Car Washes
[Amended 05-27-14 by Ord. No. 12-14]
6.
Auction establishments.
7.
Storage trailers and movable enclosures whether on wheels or otherwise.
8.
Roller skating rinks.
9.
Any unattended vending machines.
10.
Tattoo parlors.
11.
Retail sale of tobacco, tobacco products, electronic smoking devices and products, and accessories where such sale is the primary business of the establishment.
[Added 4-10-2018 by Ord. No. 09-2018]
12.
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
[Added 10-9-2018 by Ord. No. 17-2018; amended 5-25-2021 by Ord. No. 2021-09]
§ 97-117.1 Zoning districts established.
For the purpose of this ordinance, the Borough of Waldwick is hereby divided into the classes of districts listed below:
Symbol | Name |
|---|---|
R-1 | Single-Family Residential District |
R-2 | Single-Family Residential District |
R-3 | Village Residential District |
R-4 | Senior Citizen Residential District |
C-1 | Village Commercial District |
C-2 | Turnpike Commercial District |
C-3 | Neighborhood Commercial District |
I | Limited Manufacturing-Industrial District |
VC-2 | Village Center District |
VC-3 | Village Center District |
AH | Affordable Housing District |
AH-1 | Affordable Housing District [Added 5-13-97 by Ord. No. 11-97] |
CAH | Commercial Affordable Housing District |
§ 97-117.2 Zoning Map and Schedule.
[Amended 11-26-96 by Ord. No. 22-96; 9-27-05 by Ord. No. 11-05]
The boundaries of these districts are hereby established as shown on the map entitled "Zoning Map-Borough of Waldwick" dated June, 2002. The Schedule of Requirements (Schedule A, B and C) summarizing the required condition for each district above, is hereby made a part of this ordinance. Copy of said map indicating the latest amendments shall be kept up to date in the office of the Building Department/Construction Official and Borough Clerk for the use and benefit of the public.
§ 97-117.3 Interpretation of boundaries.
In determining the boundaries of districts shown on the Zoning Map, the following rules shall apply:
A.
Unless otherwise shown, the district boundaries shall be construed to coincide with the center lines of streets, highways, waterways, railroad rights-of-way or such lines extended.
B.
Where such boundaries are indicated as approximately following lot or property lines as they exist at the time of enactment of this ordinance or any district change, such lines shall be construed to be the boundaries unless otherwise indicated by dimensions on the Zoning Map.
§ 97-117.4 Division of lots in single ownership.
Where a district boundary line divides a lot, other than by following a stream or street, which lot is in single ownership at the time of adoption of this ordinance or any district change, any use permitted in either district may be extended not more than twenty percent (20%) of the existing zone penetration into said lot, or one hundred (100) feet into the adjacent district, or to the boundary line of the divided lot, whichever is the lesser. A use permitted in the district so extended shall thereafter be a permitted use in the extended area. A property owner, however, shall be permitted only one (1) election, after which the lot use shall be governed by the regulations of the district to which the portion of the lot shall have been annexed by such extension.
§ 97-117.5 Vacation of streets or other public ways.
Where a vacated street is bounded on either side by different districts, the former center line of the vacated right-of-way shall be considered the district's boundary line.
§ 97-117.6 Effect of establishment of districts.
A.
No building shall be erected, moved, altered, converted, rebuilt or enlarged, nor shall any land or building be used, reduced, designed or arranged to be used, for any purpose or in any manner except in conformity with all regulations, requirements and restrictions specified in this ordinance for the district in which such building or land is located.
B.
No permit for the erection of any building or structure shall be issued unless the lot abuts an improved street in accordance with N.J.S.A. 40:55D-35.
C.
No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this ordinance for the district in which said lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this ordinance.
D.
No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
§ 97-118.1 Incorporation of statutory definitions by reference.
For the purpose of this ordinance, all terms or words defined in N.J.S.A. 40:55D-1 et seq. are made part of this ordinance unless a contrary intention is clearly expressed herein.
§ 97-118.2 Word usage.
Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings herein indicated. Words used in the present tense include the future; the singular number includes the plural and the plural, the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot"; the word "building" includes the word "structures"; the word "dwelling" includes the word "residence". The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged, constructed, altered, converted, rented, leased or designed to be occupied or used." The word "shall" is mandatory and not discretionary.
§ 97-118.3 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A building, structure, or use clearly incidental or subordinate to, and customarily in connection with, the principal building or use on the same lot.
A sales price or rent within the means of a low or moderate income household as defined by the New Jersey Council on Affordable Housing.
As applied to a building, structure or use, a change or rearrangement in the structure's parts or in the existing facilities, or an enlargement, whether by extension of a side or by an increase in height or by a move from one location or position to another.
Any device, game or contrivance for which payment is made for the privilege of playing or operating the device, including, but not limited to video games, computer games, electronic games, pin ball machines, air hockey, foosball, redemption games (game of skill that rewards the user with prize tickets), merchandiser games (game of skill where merchandise is won by playing the game), interactive player participation games, and simulation games.
A business or establishment wherein a portion of the gross floor area of the premises is devoted to amusement machines, billiard or pool tables, whether or not said amusement machines constitute the principal or accessory use of the premises for the purpose of being played, operated or used by the patrons on a prepaid basis or for money or tokens deposited in the amusement machine.
Any fixed or mobile establishment, or premises wherein or whereon the practice of veterinary medicine or any part thereof is conducted, which such profession is licensed and regulated under N.J.A.C. 13:44-1 et seq.
[Added 05-27-14 by Ord. No. 12-14]
A room or suite of connecting rooms, with private bath and kitchen facilities, for occupancy as a single dwelling unit by one (1) family in a building having three (3) or more such dwelling units in a larger building.
A higher order regional level street designed for greater vehicle speeds and traffic volumes than collector streets. Arterial streets connect and distribute traffic to collector and neighborhood streets.
The space between the ceiling beams of the top story and the roof rafters.
Any structure or facility utilized for the purpose of washing or cleaning the exterior or interior of any automobile, truck, or other motorized vehicle by a method other than employee hand washing. This shall include but not be limited to washing or cleaning via mechanical brushes, brushless or touchless facilities, conveyor systems, or self-service bay washes.
[Added 05-27-14 by Ord. No. 12-14]
The final elevation of the average ground level adjoining a building at all exterior walls after development.
A reference plane representing the average finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than 6 feet from the building, between the building and a point 6 feet from the building.
The portion of a building that is partly or completely below grade plane. A "basement" shall be considered as a story above grade plane where the finished surface of the floor above the basement is more than six (6) feet above grade plane, for more than fifty percent (50%) of the total perimeter or more than twelve (12) feet above the finished ground level at any point.
A mound of earth.
A person who pays rent in return for exclusive possession of a portion of a home or structure.
[Added 3-23-93 by Ord. No. 3-93]
A house where lodging or meals, can be had for pay.
A light industrial use where beer, wine, liquor or other alcoholic beverage is manufactured, packaged and distributed. A tasting room, restaurant, or food service establishment shall be permitted as accessory to the same, subject to the rules and regulations of the New Jersey Division of Alcohol Beverage Control.
[Added 9-24-2019 by Ord. No. 2019-21]
A continuous planting strip of trees and/or shrubs not less than six (6) feet in height densely planted so as to restrict a clear view beyond said strip.
A public building for the civic, social, educational, cultural and/or recreational activities of a neighborhood, apartment project or community not operated primarily for monetary gain.
The ratio of horizontal area by which a principal building or structure occupies the land to total lot area (as measured at the grade line around the foundation, using outside dimensions). Building coverage shall include porches, decks, balconies and cantilevered parts of a building at any level.
The vertical distance measured from the elevation of the proposed average finished grade plane to the highest point of the building exclusive of chimneys and similar structures as identified in 97-122.1.
A line formed by the vertical projection to the ground of the exterior surface of the building on any side. In cases of a cantilevered section of a building, or sun parlors and covered porches, whether enclosed or unenclosed and not including the steps, the vertical projection will coincide with the surface nearest the lot lines. All yard requirements are measured to the "building line."
A building within which is conducted the major or principal use of the lot on which said building is situated.
An attached or detached accessory building designed for the storage of motor vehicles and constructed primarily as an open building with only a roof and the necessary supporting columns, the area between the columns not to exceed five hundred (500) square feet.
A story partly or completely underground having more than one-half (1/2) of its clear height below the average finished grade at the perimeter of the building.
A document certifying that a general inspection of the visible parts of a building has been made, and that there are no apparent violations of regulations. See 97-128.5.
A certificate issued by the Building/Construction Official upon the completion of construction, alteration or change in occupancy of a building. The certificate shall acknowledge compliance with all the requirements of this ordinance, such appeals thereto granted by the Board of Adjustment and/or all other applicable requirements.
A development design technique that concentrates subdivided building lots or buildings within a portion of a development tract such that remaining land area can be utilized for open space or the preservation of environmentally sensitive features.
A street designed to collect and distribute traffic from lower order local streets to higher order arterial streets.
Authorization of the Planning Board, issued in accordance with § 97-124 of this ordinance, which is required as a condition precedent to the commencement of a use for the erection, construction, reconstruction, alteration, conversion or installation of a structure or building for the conditional use as so designated in this ordinance.
A lot which has a frontage contiguous to more than one (1) street or other public open space through which there is a permanent access to the lot.
[Added 4-23-96 by Ord. No. 6-96]
An open, unoccupied space, other than a yard on the same lot with a building or group of buildings and which is bounded on two (2) or more sides by such building or buildings.
Any facility which is maintained for the care, development or supervision of six (6) or more children who attend the facility for less than twenty-four (24) hours a day, and which is licensed as a child care center by the Department of Human Services. This term shall not include any of those facilities or uses which are not included within the definition of "child care center" contained in the "Child Care Center Licensing Act" (N.J.S.A. 30:5B-1 to 15).
A facility providing care for the elderly in a protective setting for part of a 24-hour day.
See restaurant, take-out.
The ratio of residential dwelling units to total lot area.
An accessory structure supported by pillars or posts, which is either freestanding or attached to a principal structure and does not include a permanent roof.
An existing or proposed deck located on an undersized lot that, if constructed, deviates from the rear yard setback requirements of the Land Use and Development Code of the Borough of Waldwick as regulated per 97-123.11.
A building or portion thereof which is designed or used exclusively as a living quarters for one (1) or more families.
A two-family dwelling with one (1) dwelling unit attached and located beside the other and separated therefrom by a party or common wall, whether or not that wall is a fire wall.
A detached building containing three (3) or more dwelling units and occupied or designed for occupancy by three (3) or more families living independently of each other, each with its own sleeping, cooking and sanitary facilities.
A series of attached single-family dwellings with two (2) common or party walls separating it from adjacent units on both sides, or one (1) party wall in the case of a building at the end of a group of attached buildings.
A detached building and dwelling unit designed for or intended to be occupied exclusively for residence purposes by one (1) family, individual or individuals living together as a family unit.
A detached building containing only two (2) dwelling units; each building intended for residential occupancy by two (2) families, each with its own separate sleeping, cooking and sanitary facilities.
A building or entirely self-contained portion thereof having cooking, sleeping and sanitary facilities and providing complete housekeeping facilities for only one (1) family individual or individuals living together as a family unit. A house trailer, camper, a boarding or rooming house, assisted living home, fraternity or sorority house, hotel, inn, lodging, nursing or other similar home or other similar structure shall not be deemed to constitute a "dwelling unit."
A dwelling unit in an apartment house consisting of one (1) large room with bath and cooking facilities separated from such room by a permanent wall or folding or sliding doors.
A group of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, federation or like organizations, or any group of individuals who are in a group living arrangement as a result of criminal offenses. The number of individuals constituting a family unit shall be consistent with the standards of the building, fire, housing and health codes of the Borough of Waldwick.
Any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. A Family Day Care Home shall comply with the requirements of the "Family Day Care Provider Registration Act." N.J.S.A. 30:58-16 et seq.
[Added 3-23-93 by Ord. No. 3-93]
An artificially constructed, freestanding barrier of solid or open design, consisting of wood, manufactured material, or combination of materials erected for the enclosure of yard areas.
A lot that does not have a continuous width from the street to the building set back line at least equal to the minimum street frontage required. For purposes of this definition, the portion of the lot abutting an improved street shall not be declared to be a private road or private street so as to defeat the intent and purpose of this chapter.
[Added 4-23-96 by Ord. No. 6-96]
The ratio of gross floor area to total lot area.
A building used for the parking of trucks and other motor vehicles used for delivery or other commercial purposes.
A building or part thereof used as an accessory to the main building, which provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
A building or part thereof, other than a private garage, used for the sale, lease, maintenance, servicing, repair, washing, painting, or storage of motor vehicles and automotive accessories, including fuels and lubricants, for profit.
See Service Station, Automotive.
The sum of the gross horizontal areas of all floors of the building on the lot measured from the exterior faces of the exterior walls or from the center line of the party walls separating two (2) buildings, excluding, however, attic and basement floors, open porches, breeze-ways and garages.
See Building Height.
An accessory use of business or service character located in a residence, such as a professional occupation, subject to 97-123.14.
An incorporated, non-profit organization operating under recorded land agreements through which:
A wind energy conservation system (WECS) in which turbine rotor blades are secured on a horizontal axis. HAWT are designed for tower mounted installation.
A facility offering transient overnight lodging accommodations to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities.
That percentage of the plot or lot area which is improved and covered with any principal or accessory building, use, structure, or other improvement, including but not limited to parking lots, patios, driveways, sidewalks, swimming pools, concrete pavers, pervious pavers, and other paving. Improved lot coverage shall include porches, decks, balconies and cantilevered parts of a building at any level.
A permanent building or structure that becomes part of, or is affixed to a lot, parcel or principal or accessory building or structure.
A residential housing development in which a percentage of the housing units is provided for a reasonable income range of low and moderate income households. The term may also mean housing developments comprised completely of low and moderate income units.
A privately owned commercial establishment designed and equipped for the conduct of leisure activities and other recreational activities wholly within an enclosed building. Examples of such uses include but are not limited to indoor play areas, training studios for martial arts, gymnastics, and dance.
Nonprofit institutions limited to churches, public and private schools, libraries and other governmental uses.
Any area and/or structure used or intended to be used for the selling, buying, storing or trading of used or discarded metal, glass, paper, cordage, wood, rags, plastic, brush or any used or disabled fixtures, vehicles, boats or equipment of any kind. The premises on which the deposit or storage of any used, wrecked or otherwise disabled vehicles, boats or other parts occurs for a period of one (1) month or more shall be deemed to be a "junk-yard".
A commercial establishment where domesticated animals, dogs and/or cats, are bred or boarded for an overnight time period.
The floor area within a residential structure to be used for habitation, excluding cellars, attics, utility (heating and cooling) rooms, garages and open porches, and in multifamily housing, excluding common hallways.
An off-street space or berth, on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading or unloading material.
The area contained in the lot lines of a lot, expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating "lot area".
See Corner Lot.
The average horizontal distance between the front and rear lot lines as measured from the midpoint of the front lot line, at right angles or radially to the street line, to the rear lot line.
A lotline or portion thereof which is coexistent with a street line. In the case of a street of undefined width, the lot line shall be assumed to be parallel with the center line of the street at a distance twenty-five (25) feet therefrom. In the case of corner lots the smaller of the two (2) lotlines coexisting with street lines shall be considered as the frontage.
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a lot according to maps and plots of record filed with the county recorder.
The horizontal distance between the side lotlines measured at right angles to its lot depth at a point which constitutes the rear line of the required front yard space.
Housing subject to affordability controls and defined as affordable according to the United States Department of Housing and Urban Development or other recognized standards for home ownership and rental, and occupied or reserved for occupancy by households with a gross household income equal to 50 percent or less of the median gross household income for households of the same size within the housing region in which the housing is located.
Any process whereby the nature, size or shape of articles or raw materials are changed or where articles are assembled or packaged.
A building or buildings that includes one or more dwelling units above one or more non-residential uses on the ground floor.
Housing subject to affordability controls and defined as affordable according to the United States Department of Housing and Urban Development or other recognized standards for home ownership and rental, and occupied or reserved for occupancy by households with a gross household income equal to or more than 50 percent but less than 80 percent of the median gross household income for households of the same size within the housing region in which the housing is located.
A building or group of buildings providing guest rooms, where each unit has direct access to a parking space for use by that unit's occupant, a public lobby, one (1) or more public dining rooms and efficiency units, where the total number of such efficiency units does not exceed twenty percent (20%) of the total number of guest rooms. It may contain the following uses incidental to its operation: meeting rooms, swimming pools, cabanas, cocktail lounges and sales of newspapers, periodicals, souvenirs, cigars and cigarettes.
The elevation of the ground level in its natural state, before construction, filling, or excavation.
Any practice which annoys, disturbs or interferes with one in the possession and enjoyment of his/her property, rendering its use or operation physically uncomfortable, e.g., excessive noise, noxious odors, electronic radiation, vibrations, smoke discharge, glare, improper drainage, etc.
A place where trees, shrubs, vines and other ornamental horticultural products are grown and where incidental retail sales are made.
A privately operated establishment where four (4) or more children under six (6) years of age are kept during the daytime while parents or guardians are at work or otherwise engaged.
A licensed health facility where persons are housed and furnished with meals and continued nursing care, in return for compensation, under the general supervision of a licensed physician or registered nurse; or a structure designed and used for the housing and care of persons afflicted by illness or infirmity, before or following hospitalization, especially the care of elderly, infirm or handicapped persons, in which surgical facilities are not provided. A home for the sheltered care of adult persons as defined by N.J.S.A. 30:11A-1 shall not be considered a "nursing, rest or convalescent home," nor shall it be permitted under this ordinance.
The specific purpose for which land or a building is used, designed or maintained. A dwelling unit shall be construed to be occupied if one (1) or more persons or a family customarily reside in said dwelling unit overnight.
The ratio of area unimproved with man-made buildings, structures, uses, and paving to total lot area.
Shall mean a designated outdoor area that is located on the property of an existing restaurant or on the public sidewalk or the right of way immediately adjacent to the property of an existing restaurant where food and beverages that are normally offered to the public for consumption inside the restaurant are offered and served to the public for consumption in the designated outdoor area.
An off-street space available for the parking of a motor vehicle, either within a structure or in the open, exclusive of driveways or access drives. Private driveways for one- and two-family dwellings may be considered off-street parking areas, provided that no portion of such private driveway is within the street right-of-way line and no home occupation is conducted upon the lot. A non-residential parking space must have a means of ingress and egress and tandem parking is not considered a valid parking space for any non-residential use.
The yard area adjacent to a principal structure covered by brick, concrete or other material that is not covered by a permanent roof.
Any use of land or buildings as permitted by this ordinance.
Includes any individual, firm, corporation, association, partnership, business entity or organization of any kind or nature.
A commercial establishment where domesticated animals, dogs and/or cats, are kept for a limited time period in which no overnight boarding occurs.
A commercial establishment providing services for domesticated animals, dogs and/or cats that may include bathing, cleaning, clipping and grooming. No animals are boarded overnight.
A minimum contiguous land development project comprehensively planned as a single entity via a unitary site plan which contains one (1) or more residential housing types designed in accordance with § 97-123.6 so as to provide ample usable open space in proportion to the number of residents, which is laid out in a manner that preserves significant natural features.
[Added 3-26-85 by Ord. No. 3-85]
The offices of a dentist, physician, attorney, clergyman, accountant, consultant, engineer, architect, insurance or real estate agent or other similar professionals. Where such office is part of a structure in which said professionals reside, the restrictions as outlined under "home occupation" shall apply.
A portable structure or wheelbased structure built on a chassis, which is either self-propelled or designed to be transported by traction, which is intended by its manufacturer to be used as a temporary dwelling for travel, camping or vacation purposes. "Recreational vehicles" shall include camping trailers, motorized homes, travel trailers and boat and snowmobile trailers, which are defined as follows:
CAMPING TRAILERA type of trailer that is designed and constructed with collapsible walls. The walls are collapsed while the recreational vehicle is being towed and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
TRAVEL TRAILERA wheelbased vehicle built on a chassis designed to be hauled by traction.
BOAT AND SNOWMOBILE TRAILERSA wheelbased vehicle on a chassis designed to be hauled by traction, which is specifically designed for transporting items including but not limited to boats, snowmobiles, "ATVs", motorcycle dirtbikes, off-road vehicles and other conveyances not intended for on-road use.
An establishment where the principal use is the preparation and sale of food to be served and consumed by patrons seated within the establishment.
An establishment where the principal use is the preparation and sale of food, and drinks, for consumption primarily outside the confines of the principal building, or in an automobile parked upon the premises. In addition thereto, indoor or outdoor seating may be provided for the patrons within or adjacent to the principal building.
See Restaurant, Take-Out.
An establishment where the principal use is the preparation and sale of food and drinks, to patrons for consumption primarily outside the confines of the principal building, and where ordering and pickup of food may also take place from an automobile drive-through. In addition thereto, indoor or outdoor seating may be provided for the patrons within or adjacent to the principal building.
The extent of the area occupied or intended to be occupied for street purposes including the paved cartway, curbs, shoulders, sidewalks, and areas for the placement of public utilities.
Any apparatus which is designed for the purpose of receiving telephone, radio, microwave, satellite or similar signals, with the exception of conventional television antennas.
[Added 8-9-83 by Ord. No. 15-83]
A visual barrier of plant materials as described in the definition of "buffer strip," or appropriate fencing or other material which may be agreed to by the Planning Board.
A residential building or group of buildings, together with accessory structures and uses, having more than three (3) dwelling units, designed for and intended to be occupied by persons who are fifty-five (55) years of age or older, in a private communal setting, except:
A facility intended to provide recreational, social, educational and cultural activities for adults fifty-five years of age or older.
Land and building designed and used for the sale of fuel, lubricants and automotive accessories, which provides maintenance and minor repairs for motor vehicles, but not including body repairs and under no circumstances including storage of inoperable or wrecked vehicles. (See § 97-124.2.)
A line drawn parallel to a street line or lot line and drawn through the point of a building nearest to the street or lot line. The term "required setback" means a line that is established as a minimum distance from a street line or lot line and within which a building or part of a building, patio, deck or pool is not permitted to extend towards the street or lot line in order to provide the required yard. Setback lines shall be measured to the nearest portion of any building on the premises.
[Amended 3-23-93 by Ord. No. 3-93]
One (1) or more buildings or parts thereof to be occupied and used by more than one (1) enterprise for the conduct of business as an integrated, comprehensively planned and managed area.
Please see definitions included in § 97-123.9 of this chapter.
An establishment similar to a restaurant, but limited to the extent that no food is cooked on the premises other than heating by a microwave oven, warming oven, or device that does not require fire suppression or exhaust per the New Jersey Building Code. Additionally, no drive-through windows exist on the premises, and seating for customers does not exceed twelve (12).
Portable pools shall not be subject to the requirements of § 97-123.10 and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed two (2) feet of water depth; do not exceed a water surface area of one hundred twenty (120) square feet; and do not require braces or supports.
An accessory structure in or above the ground, associated with a residential dwelling unit or units and located on an individual residential lot, which is permanently established and maintained upon the premises for the residents and the guests of their household.
Include either outdoor or indoor pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading.
A non-residential parking space in which automobiles are stacked one behind another, so that one automobile must be moved for full access and egress.
An establishment where the principal use of the building is for the sale and on-site consumption of alcoholic beverages, which may also offer use of certain amusement machine devices, and a limited menu of prepared food items to be consumed by patrons seated within the establishment.
Any container, storage unit or portable structure (commonly known as PODS®) designed to be used on a temporary basis and without a foundation for the purpose of storing tangible property and not for occupancy by persons.
A use permitted only as part of any approved automobile service station (§ 97-124.2), which moves disabled vehicles. No towing equipment shall be parked or stored outside overnight.
An attached single-family dwelling unit in a line of three (3) or more connected dwellings, each separated by a fire wall and having direct access to a private fenced-in outdoor living space in addition to either private garages or common carports and auxiliary open areas. Each single-family unit may have one (1) or two (2) stories, but nothing in this definition shall be construed to allow one (1) dwelling unit over the other.
A temporary structure utilized on a construction site as a field office or for the storage of materials to be removed upon completion of a construction project.
Any vehicles designed, equipped or used for sleeping or living or eating and designed to be moved from place to place on wheels and to be propelled on its own power or propelled by another vehicle.
Any vehicle designed to be moved from place to place on wheels and to be propelled on its own power or propelled by another vehicle, whose purpose is primarily for storage of equipment, materials or machinery.
The area necessary in a parking lot for maneuvering vehicles into and out of parking stalls and, in other areas, the space provided for vehicles to turn around.
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
A use which is customarily associated with and subordinate to the principal use of the lot or a building and which is located on the same lot therewith.
Any place out of doors where two (2) or more used motor vehicles are displayed, or offered for sale or lease.
A wind energy conservation system (WECS), also known as an "egg beater" style wind turbine, that produces energy from a vertical axis. VAWT are capable of being secured as a tower or roof mounted installation.
A horizontal axis wind turbine (HAWT) or vertical axis wind turbine (VAWT) that converts wind energy into electricity through use of a wind turbine generator and includes such elements as a wind turbine generator hub, blade or rotor, tower and transformer.
An open, unoccupied space extending across the full width of the lot and lying between the street line and building setback line. The depth of the "front yard" shall be measured horizontally at right angles from the street line, or radially on a curved street, to the building line.
An open, unoccupied space extending the full width of the lot between the main building and the rear lot line. The depth of the "rear yard" shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear lot line.
An open, unoccupied space extending from the front yard to the rear yard between the main building and each side lot line. The width of the required "side yard" shall be measured horizontally at right angles from the nearest point on the side lot line toward the nearest part of the main building.
§ 97-119.1 R-1 Single-Family Residential District.
Within the R-1 Single-Family Residential District the following standards shall apply:
A.
Permitted uses.
B.
§ 97-119.2 R-2 Single-Family Residential District.
Within the R-2 Single-Family Residential District the following standards shall apply:
A.
Permitted uses: the same uses as permitted in the R-1 District, § 97-119.1A, except that cluster development shall not be permitted in the R-2 District.
B.
Permitted accessory uses, buildings and structures: the same accessory uses, buildings and structures as permitted in the R-1 District, § 97-119.1B.
§ 97-119.3 R-3 Village Residential District.
Within the R-3 Village Residential District the following standards shall apply:
A.
B.
C.
Area and bulk requirements: as specified in § 97-117.2 and contained in the zoning schedule located at the end of this chapter.
§ 97-119.5 R-4 Senior Citizen Residential District.
Within the R-4 Senior Citizen Residential District the following standards shall apply:
A.
Permitted uses.
1.
Single-family detached dwellings.
2.
Senior citizen projects at a density not to exceed ten (10) dwelling units for each acre of land within the site.
3.
Public parks, playgrounds and recreation sites.
4.
Private clubs and recreation facilities.
5.
Public buildings essential to the health, safety and welfare of the community.
B.
Permitted accessory uses, buildings and structures: the same accessory uses, buildings and structures as permitted in the R-3 District, § 97-119.3B.
C.
Area and bulk requirements: as specified in § 97-117.2 and contained in the zoning schedule located at the end of this chapter.
D.
Conditional uses. The following uses are subject to the conditions contained in § 97-124 of this ordinance:
1.
The same conditional uses as permitted in the R-2 District (§ 97-119.2D).
§ 97-119.7 VC-2 Village Center District.
§ 97-119.8 VC-3 Village Center District.
[Added 3-26-85 by Ord. No. 3-85]
Within the VC-3 Village Center District the following standards shall apply:
§ 97-119.9 C-1 Village Commercial District.
Within the C-1 Village Commercial District the following standards shall apply:
A.
Permitted uses.
3.
Business and professional offices.
5.
Laundry and dry cleaning, including self-service but not commercial laundries.
6.
Assembly halls, theaters, bowling alleys, tennis courts, racquet ball courts, health/fitness centers, gymnasiums, and similar recreational uses, provided that their activities occur entirely within an enclosed building.
[Amended 3-23-93 by Ord. No. 3-93]
7.
Governmental buildings and uses other than storage yards for the maintenance and service of equipment.
8.
Public transit stations and terminals.
9.
Shopping centers.
10.
Parking lots or structures for private passenger vehicles.
11.
Schools for art, music and dance.
12.
Nonprofit clubs, lodges, social and fraternal organizations.
13.
Child day care centers
14.
Brewery/winery/distillery.
[Added 9-24-2019 by Ord. No. 2019-21]
C.
Area and bulk requirements: as specified in § 97-117.2 and contained in the zoning schedule located at the end of this chapter.
D.
Conditional uses. The following are subject to the conditions contained in § 97-124 of this ordinance:
1.
Automotive service stations.
2.
Churches and places of worship and religious instruction.
3.
Restaurants and taverns.
4.
Private preschools and public and private schools.
5.
Public utilities.
6.
Funeral parlors.
[Added 7-14-87 by Ord. No. 10-87]
7.
Mixed-use developments.
8.
Animal Hospitals.
[Added 05-27-14 by Ord. No. 12-14]
E.
Additional requirements.
[Amended 5-9-06 by Ord. No. 13-06]
1.
Buffer strip. Where the property line of a non-residential lot abuts a residential zone or a residential land use, a strip of land at least ten (10) feet in width adjacent to the abutting zone line or property line shall be kept free of any building, structure, use, development or improvement, except sidewalks and landscaped improvements are permitted. Landscaped improvements shall be densely planted as a buffer strip as defined in this ordinance. Additional screening shall be provided in conjunction with § 97-123.7C(11).
§ 97-119.10 C-2 Turnpike Commercial District.
Within the C-2 Turnpike Commercial District the following standards shall apply:
A.
B.
Permitted accessory uses, buildings, and structures: the same accessory uses, buildings, and structures as permitted in the C-1 District, § 97-119.9B.
C.
Area and bulk requirements: as specified in § 97-117.2 and contained in the zoning schedule located at the end of this chapter.
§ 97-119.11 C-3 Neighborhood Commercial District.
Within the C-3 Neighborhood Commercial District the following standards shall apply:
A.
B.
Permitted accessory uses, buildings, and structures. The same accessory uses, buildings and structures permitted in the C-1 District, § 97-119.9B.
C.
Area and bulk requirements: as specified in § 97-117.2 and contained in the zoning schedule located at the end of this chapter.
§ 97-119.12 I Limited Manufacturing-Industrial District.
Within the I Limited Manufacturing-Industrial District the following standards shall apply:
A.
Permitted uses.
1.
Uses of a light manufacturing nature.
a.
Manufacturing of light machinery, and fabrication of metal, paper and wood products, provided that all manufacturing and fabrication activities are contained within enclosed structures
b.
Fabrication of plastic products of a low or moderate hazard classification as set forth in the Building Code, provided that all fabrication activities are contained within enclosed structures.
c.
Food and associated industries comprised of baking, bottling, processing or manufacturing, provided that all activities are contained within enclosed structures
d.
Scientific or research laboratories comprising any of the following: biological, chemical, dental, electronic, pharmaceutical and general research.
2.
Storage buildings, warehouses and wholesale distribution centers, provided that such activities are conducted entirely within an enclosed structure or are conducted in open yard areas which are screened from view of adjacent lots or roads.
3.
Office buildings for executive or administrative purposes.
4.
Government buildings and government uses, by a Municipal, County, State or Federal Agency or authority.
[Amended 3-23-93 by Ord. #3-93]
5.
Lumber or building material yards and fuel dealers' and contractors' storage yards, where such storage is not visible at the street line.
6.
Automotive repair, excluding auto body work.
7.
Facilities used for assembly halls, theaters, bowling alleys, tennis courts, racquet ball courts, health/fitness centers, gymnasiums and similar recreational uses provided that their activities are carried on entirely within the enclosed building.
[Amended 3-23-93 by Ord. No. 3-93]
8.
Child day care centers.
9.
Brewery/winery/distillery.
[Added 9-24-2019 by Ord. No. 2019-21]
B.
Permitted accessory uses:
2.
Food vending machines and snack shops where food is consumed by patrons of facilities permitted per § 97-119.12A2 and 7.
C.
Area and bulk requirements. As specified in § 97-117.2 and contained in the zoning schedule located at the end of this chapter.
E.
Other requirements for industrial uses.
1.
Buffering and landscaping. Where the property line of an industrial lot abuts or is across the street from a residential use or residential zone, a fifty-foot (50) wide strip of land in the yard area nearest to the abutting property line or zone line shall be kept free from any building, development or improvement, except for landscaping which shall include a buffer strip or fence as defined in this ordinance.
2.
Storage and waste disposal.
a.
No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground. Their location and construction shall comply with the safety standards of the Fire Prevention Bureau.
b.
All outdoor storage facilities for raw materials and products shall be clearly incidental to and necessary to support the principal permitted use and building on the property and shall be enclosed by a fence no higher than eight (8) feet and adequate to conceal the facilities from the adjacent properties.
c.
No materials or wastes shall be deposited upon a lot in such a form or manner that may be transferred off the lot by natural causes or force.
d.
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only in closed containers.
F.
Performance requirements for industrial uses. If the performance characteristics of any proposed industrial use are questionable, a building permit may be withheld until the applicant for such a use shall, at the request of the Planning Board, furnish the following:
1.
A report, in accordance with performance standards covered in §§ 97-85 and 97-123.8, prepared by competent technical experts showing that at no time will such use cause or result in any:
a.
Dissemination of dust, smoke, smog, observable gas, fumes or odors or other atmosphere pollution, glare, heat, noise, radiation or vibration beyond the boundaries of the lot on which it is located.
b.
Hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the use.
c.
Hauling of materials, goods or products to or from the site of the use in a volume or manner materially incongruous with the normal traffic on the streets in the neighborhood.
d.
Dissemination or discharge of thermal energy, chemicals, waste or other matter, except stormwater runoff directly or indirectly into a stream, pond or any natural body of water.
2.
A site plan with a detailed description of the proposed industrial process and its products accompanied by approval from the Sewer Authority.
3.
Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary system should fail.
§ 97-119.13 AH Affordable Housing District and CAH Commercial Affordable Housing.
[Amended 3-13-90 by Ord. No. 2-90]
Within the AH Affordable Housing District the following standards shall apply:
A.
Permitted uses in an AH Zone. A building may be erected or used and a lot may be used or occupied for townhouse and multi-family residential dwelling units.
B.
Permitted accessory uses in an AH Zone. Permitted accessory uses in an AH zone are off street parking, recreation facilities, fences, signs, and other customary accessory uses and buildings which are clearly incidental to the principle use and building.
C.
Permitted Uses in a CAH Zone. A building shall be used and property developed for all uses permitted in a "AH" zone.
1.
Alternatively, a building may be used and property developed for all uses permitted in a "C-1" zone, provided that there is compliance with the additional requirements established for development in a CAH Commercial Affordable Housing District.
D.
Additional requirements for development in an AH Affordable Housing District.
1.
Inclusionary development set aside. An affordable housing set aside shall be applied to all dwelling units in a development in the AH District in accordance with all current regulations of the New Jersey Council on Affordable Housing (COAH). All development shall also be subject to 97-120, Affordable Housing Controls of the Borough of Waldwick Land Use and Development Code.
§ 97-119.14 AH-1 Affordable Housing District.
[Added 5-13-97 by Ord. No. 11-97]
A.
All the provisions applicable to the AH Affordable Housing District as set forth in § 97-119.13 of the Municipal Code shall apply to the AH-1 Affordable Housing District.
B.
All other definitions which were set forth in the Borough of Waldwick Land Use and Development Code including § 97-118.3 entitled "Definitions and Word Usage" shall apply to the AH-1 Affordable Housing District created by this Ordinance and are incorporated by reference herein.
[Added 5-13-97 by Ord. No. 11-97]
§ 97-119.15 AHO-1 Affordable Housing Overlay Zone-1.
[Added 10-9-2018 by Ord. No. 18-2018]
The AHO-1 Zone shall encompass the entire VC-3 Zone and a portion of the VC-2 Zone on the east side of the New Jersey Transit railroad tracks. Within the AHO-1 Zone, the following standards shall apply:
A.
Permitted uses in the AHO-1 Zone. In addition to any use permitted in the underlying zone district, the following uses shall be permitted:
1.
Multifamily residential.
2.
Mixed-use development. Permitted uses on the ground floor of a mixed-use development shall include the following permitted uses in the C-1 District as listed in § 97-119.9A1, 2, 3, 4, and 13: retail trade stores, service uses, business and professional offices, personal services and child day-care centers. Dwelling units in a mixed-use development shall only be permitted on upper floors.
B.
Required conditions. The regulations of the underlying zone district are still applicable. However, properties within this overlay zone may also be developed with multifamily residential or mixed-use development in accordance with the following requirements:
1.
Minimum lot area: 10,000 square feet.
2.
Minimum lot frontage: 75 feet.
3.
Minimum front yard setback: five feet.
4.
Minimum side yard setback: five feet.
5.
Minimum rear yard setback: 20 feet.
6.
Maximum building coverage: 40%.
7.
Maximum impervious coverage: 85%.
8.
Maximum building height: three stories/42 feet.
9.
Maximum gross residential density: 10 dwelling units/acre.
10.
Residential parking: per New Jersey Residential Site Improvement Standards.
11.
Nonresidential parking: one space per 250 square feet of floor area.
C.
Affordable housing requirements. Low- and moderate-income dwelling units shall be provided in accordance with this subsection. The minimum affordable housing set-aside shall be 20% of the dwelling units in the development, except that the minimum set-aside shall be 15% where affordable rental units are provided. Of these, at least half must be reserved for, and affordable to, low-income households. A minimum of 13% of the affordable units shall be affordable to households earning 30% or less of the area median income for the Council on Affordable Housing region. Low- and moderate-income housing units shall be governed by the standards set forth in the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and shall comply with the applicable rules of the Council on Affordable Housing and any other relevant state regulations. All development including affordable dwelling units shall also be subject to § 97-120, Affordable Housing Controls, of the Borough of Waldwick Land Use and Development Code.
§ 97-119.16 AHO-2 Affordable Housing Overlay Zone-2.
[Added 10-9-2018 by Ord. No. 18-2018]
The AHO-2 Zone includes two properties located a short distance from the Borough's central business district, Block 101, Lot 6.01 and Block 109.02, Lot 6.04. Within the AHO-2 Zone, the following standards shall apply:
A.
Permitted uses in the AHO-2 Zone. In addition to any use permitted in the underlying zone district, mixed-use development shall be permitted. Permitted uses on the ground floor of a mixed-use development shall include the following permitted uses in the C-1 District as listed in § 97-119.9A1, 2, 3, 4, and 13: retail trade stores, service uses, business and professional offices, personal services and child day-care centers. Dwelling units in a mixed-use development shall only be permitted on upper floors, except that ground-floor dwelling units shall be permitted on the portion of the property located more than 80 feet from any public street.
B.
Required conditions. The regulations of the underlying zone district are still applicable. However, properties within this overlay zone may also be developed in accordance with the following requirements:
1.
Minimum lot area: 30,000 square feet.
2.
Minimum lot frontage: 200 feet.
3.
Minimum front yard setback: 10 feet.
4.
Minimum side yard setback: 15 feet.
5.
Minimum rear yard setback: 30 feet.
6.
Maximum building coverage: 35%.
7.
Maximum impervious coverage: 85%.
8.
Maximum building height: three stories/42 feet.
9.
Maximum gross residential density: 10 dwelling units/acre.
10.
Residential parking: per New Jersey Residential Site Improvement Standards.
11.
Nonresidential parking: one space per 250 square feet of floor area.
C.
Affordable housing requirements. Low- and moderate-income dwelling units shall be provided in accordance with this subsection. The minimum affordable housing set-aside shall be 20% of the dwelling units in the development, except that the minimum set-aside shall be 15% where affordable rental units are provided. Of these, at least half must be reserved for, and affordable to low-income households. A minimum of 13% of the affordable units shall be affordable to households earning 30% or less of the area median income for the Council on Affordable Housing region. Low- and moderate-income housing units shall be governed by the standards set forth in the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and shall comply with the applicable rules of the Council on Affordable Housing and any other relevant state regulations. All development including affordable dwelling units shall also be subject to § 97-120, Affordable Housing Controls, of the Borough of Waldwick Land Use and Development Code.
§ 97-120 Affordable Housing Controls.
[Amended 10-9-2018 by Ord. No. 18-2018; 3-26-2019 by Ord. No. 2019-08; 8-16-2022 by Ord. No. 2022-21]
A.
Affordable housing obligation.
(1)
BE IT ORDAINED by the governing body of the Borough of Waldwick, Bergen County, New Jersey, that the Code of the Borough of Waldwick is hereby replaced to include provisions addressing Waldwick's constitutional obligation to provide for its fair share of low- and moderate-income housing, as directed by the Superior Court and consistent with N.J.A.C. 5:93-1 et seq.,[1] as amended and supplemented, N.J.A.C. 5:80-26.1 et seq., as amended and supplemented, and the New Jersey Fair Housing Act of 1985. This section is intended to provide assurances that low- and moderate-income units are created with controls on affordability over time and that low- and moderate-income households shall occupy those units. This section shall apply except where inconsistent with applicable law.
[1]
Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.
(2)
The Borough of Waldwick Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Housing Element and Fair Share Plan have been endorsed by the governing body. This section implements and incorporates the adopted and endorsed Housing Element and Fair Share Plan and addresses the requirements of N.J.A.C. 5:93-1 et seq., as amended and supplemented, N.J.A.C. 5:80-26.1 et seq. as amended and supplemented, and the New Jersey Fair Housing Act of 1985.
(3)
The Borough of Waldwick shall provide annual reporting of its Affordable Housing Trust Fund activity to the New Jersey Department of Community Affairs, Council on Affordable Housing or Local Government Services, or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center and posted on the municipal website, using forms developed for this purpose by the New Jersey Department of Community Affairs, Council on Affordable Housing or Local Government Services. The reporting shall include an accounting of all Affordable Housing Trust Fund activity, including the source and amount of funds collected and the amount and purpose for which any funds have been expended.
(4)
The Borough of Waldwick shall provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website, with copies provided to Fair Share Housing Center, using forms previously developed for this purpose by the Council on Affordable Housing or any other forms endorsed by the Court-appointed Special Master and Fair Share Housing Center.
(5)
For the midpoint realistic opportunity review due on July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Borough of Waldwick shall post on its municipal website, with copies provided to Fair Share Housing Center, a status report as to its implementation of its Plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity. Such posting shall invite any interested party to submit comments to the municipality, with copies provided to Fair Share Housing Center, regarding whether any sites no longer present a realistic opportunity and should be replaced. Any interested party may by motion request a hearing before the Court regarding these issues.
(6)
Every three years, the Borough of Waldwick will post on its municipal website, with copies provided to the Fair Share Housing Center, a status report as to its satisfaction of its very-low-income requirements, including the family very-low-income requirements referenced herein. Such posting shall invite any interested party to submit comments to the municipality, with copies provided to the Fair Share Housing Center, on the issue of whether the municipality has complied with its very-low-income housing obligation.
B. ACCESSORY APARTMENT ACT ADAPTABLE ADMINISTRATIVE AGENT AFFIRMATIVE MARKETING AFFORDABILITY AVERAGE AFFORDABLE AFFORDABLE DEVELOPMENT AFFORDABLE HOUSING DEVELOPMENT AFFORDABLE HOUSING PROGRAM(S) AFFORDABLE UNIT AGE-RESTRICTED UNIT AGENCY ALTERNATIVE LIVING ARRANGEMENTS ASSISTED LIVING RESIDENCE CERTIFIED HOUSEHOLD COAH DCA DEFICIENT HOUSING UNIT DEVELOPER DEVELOPMENT INCLUSIONARY DEVELOPMENT LOW-INCOME HOUSEHOLD LOW-INCOME UNIT MAJOR SYSTEM MARKET-RATE UNITS MEDIAN INCOME MODERATE-INCOME HOUSEHOLD MODERATE-INCOME UNIT MULTIFAMILY UNIT NONEXEMPT SALE RANDOM SELECTION PROCESS REGIONAL ASSET LIMIT REHABILITATION RENT RESTRICTED UNIT UHAC VERY-LOW-INCOME HOUSEHOLD VERY-LOW-INCOME UNIT WEATHERIZATION
Definitions. The following terms when used in this section shall have the meanings given in this subsection:
A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.
A sales price or rent within the means of a low-or moderate-income household as defined in N.J.A.C. 5:93-7.4[4]; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A housing development all or a portion of which consists of restricted units.
A development included in or approved pursuant to the Housing Element and Fair Share Plan, or otherwise intended to address the Borough's fair share obligation and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.
Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act and approved for crediting by the Court and/or funded through an affordable housing trust fund, (housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:97-4,[5] and/or funded through an affordable housing trust fund.)
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development where the unit is situated are 62 years or older; or 2) at least 80% of the units are occupied by one person that is 55 years or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangements include, but are not limited to: transitional facilities for the homeless; Class A, B, C, D and E boarding homes as regulated by the State of New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.
A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
A household that has been certified by an administrative agent as a low-income household or moderate-income household.
The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
A development containing both affordable units and market-rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the gut rehabilitation or reconstruction of a vacant residential structure.
A household with a total gross annual household income equal to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
The median income by household size for the applicable county, as adopted annually by COAH or a successor entity approved by the Court.
A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income household.
A structure containing five or more dwelling units.
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as calculated pursuant to § 97-120G(4)(a)[1].
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, "rent" does not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
A household with a total gross annual household income equal to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income household.
Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.
C.
Applicability. The provisions of this section shall apply to all affordable housing developments and affordable housing units that currently exist and that are proposed to be created within the Borough of Waldwick pursuant to the Borough's most recently adopted Housing Element and Fair Share Plan.
D.
Affordable housing programs. The Borough of Waldwick has determined that it will use the following mechanisms to satisfy its affordable housing obligations:
(1)
A rehabilitation program.
(a)
County of Bergen CDBG rehabilitation program shall be designed to renovate deficient housing units occupied by low- and moderate-income households such that, after rehabilitation, these units will comply with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28.
(b)
Both owner-occupied and renter-occupied units shall be eligible for rehabilitation funds.
(c)
All rehabilitated units shall remain affordable to low- and moderate-income households for a period of 20 years (the control period). For owner-occupied units the control period will be enforced with a lien and for renter-occupied units the control period will be enforced with a deed restriction.
(d)
The Borough of Waldwick shall dedicate a minimum of $10,000 for each unit to be rehabilitated through this program, reflecting the minimum hard cost of rehabilitation for each unit.
(e)
The Borough of Waldwick shall designate, subject to the approval of COAH, one or more administrative agents to administer the rehabilitation program in accordance with N.J.A.C. 5:96[6] and N.J.A.C. 5:97.[7] The administrative agent(s) shall provide a rehabilitation manual for the owner occupancy rehabilitation program and a rehabilitation manual for the rental occupancy rehabilitation program to be adopted by resolution of the governing body and subject to approval of COAH. Both rehabilitation manuals shall be available for public inspection in the Office of the Municipal Clerk and in the office(s) of the administrative agent(s).
(f)
Units in a rehabilitation program shall be exempt from N.J.A.C. 5:97-9[8] and Uniform Housing Affordability Controls (UHAC), but shall be administered in accordance with the following:
[1]
If a unit is vacant, upon initial rental subsequent to rehabilitation, or if a renter-occupied unit is re-rented prior to the end of controls on affordability, the deed restriction shall require the unit to be rented to a low- or moderate-income household at an affordable rent and affirmatively marketed pursuant to N.J.A.C. 5:97-9 and UHAC.
[2]
If a unit is renter-occupied, upon completion of the rehabilitation, the maximum rate of rent shall be the lesser of the current rent or the maximum permitted rent pursuant to N.J.A.C. 5:97-9 and UHAC.
[3]
Rents in rehabilitated units may increase annually based on the standards in N.J.A.C. 5:97-9.
[4]
Applicant and/or tenant households shall be certified as income- eligible in accordance with N.J.A.C. 5:97-9 and UHAC, except that households in owner-occupied units shall be exempt from the regional asset limit.
[8]
Editor's Note: N.J.A.C. 5:97 is reserved.
(2)
A supportive and special needs housing unit program.
(a)
All supportive and special needs housing units shall meet the following conditions:
[1]
Supportive and special needs housing units shall be permitted in the VC-2 Village Center District, the VC-3 Village Center District and the C-1 Village Commercial District. Supportive and special needs housing includes, but is not limited to: residential health care facilities as licensed and/or regulated by DCA or the New Jersey Department of Health and Senior Services if the facility is located with, and operated by, a licensed health care facility; group homes for people with developmental disabilities and mental illness as licensed and/or regulated by the New Jersey Department of Human Services; permanent supportive housing; and supportive shared living housing. Long-term health care facilities including nursing homes, and Class A, B, C, D, and E boarding homes do not qualify as supportive and special needs housing.
[2]
Supportive and special needs housing shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all building codes.
[3]
The following provisions shall apply to permanent supportive housing, group homes, residential health care facilities and supportive shared living housing:
[a]
The unit of credit shall be the unit for permanent and supportive housing, but shall be the bedroom for group homes, residential health care facilities and supportive shared living housing.
[c]
Units/occupancy shall not be restricted to youth under 18 years of age.
[d]
All sites shall meet the site suitability criteria set forth in N.J.A.C. 5:97-3.13.
[e]
The municipality or developer/sponsor shall have site control or the ability to control the site(s).
[f]
The bedrooms and/or units shall comply with N.J.A.C. 5:97-9 and UHAC with the following exceptions:
[i]
Affirmative marketing (N.J.A.C. 5:80-26.15); however, group homes, residential health care facilities, permanent supportive housing and supportive shared living housing shall be affirmatively marketed to individuals with special needs in accordance with a plan approved by the Council's Executive Director;
[ii]
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3); and
[iii]
With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, group homes, residential health care facilities, supportive shared living housing and permanent supportive housing shall have the appropriate controls on affordability in accordance with N.J.A.C. 5:97-9.
[4]
The following documentation shall be submitted prior to marketing the completed units or facility:
[a]
An affirmative marketing plan in accordance with Subsection D(2)(a)[3] above; and
[b]
If applicable, proof that the supportive and/or special needs housing is regulated by the New Jersey Department of Health and Senior Services, the New Jersey Department of Human Services or another state agency in accordance with the requirements of this section, which includes validation of the number of bedrooms or units in which low- or moderate-income occupants reside.
[c]
Municipal building permit fees shall be waived in all cases involving permanent supportive housing, group homes, residential health care facilities and supportive shared living housing development under this section.
(3)
Inclusionary housing requirements for rezonings, variances and redevelopment or rehabilitation plans. Any development that produces a net increase of five or more new multifamily residential units as a result of a rezoning, Zoning Board approval, or a new or amended redevelopment or rehabilitation plan shall produce low- and moderate-income housing on-site or elsewhere in the Borough or pay a fee in lieu of providing affordable units. The number of affordable units to be provided or in lieu payment shall be equal to 20 percent of the residential units in the development, or 15 percent for affordable rental units. The amount of the payment in lieu of providing housing shall be as determined by the appropriate rules of the New Jersey Council on Affordable Housing and any other relevant state regulations. This requirement does not give any applicant the right to any such rezoning or similar relief. Any affordable units created in accordance with this section shall be administered in accordance with UHAC and have deed restrictions of at least 30 years.
E.
Alternative living arrangements.
(1)
The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8[10] and UHAC, with the following exceptions:
(a)
Affirmative marketing (N.J.A.C. 5:80-26.15); provided, however, that the units or bedrooms may be affirmatively marketed by the provider in accordance with an alternative plan approved by the Court.
(b)
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
[10]
Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq. expired 10-16-2016.
(2)
With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least thirty-year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the Court.
(a)
The service provider for the alternative living arrangement shall act as the administrative agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement.
F.
Phasing schedule for inclusionary zoning. In inclusionary developments the following schedule shall be followed:
Maximum Percentage of Market-Rate Units Completed | Minimum Percentage of Low- and Moderate-Income Units Completed |
|---|---|
25 | 0 |
25 + 1 unit | 10 |
50 | 50 |
75 | 75 |
90 | 100 |
G.
New construction.
(1)
The following general guidelines apply to all newly constructed developments that contain low-and moderate-income housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.
(a)
Low-/moderate-income split and bedroom distribution of affordable housing units:
[1]
The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit. At least 13% of all restricted units shall be very-low-income units (affordable to a household earning 30% or less of median income). The very-low-income units shall be counted as part of the required number of low-income units within the development, and shall be within each bedroom distribution.
[2]
At least 25% of the obligation shall be met through rental units, including at least half in rental units available to families.
[3]
A maximum of 25% of the Borough's obligation may be met with age-restricted units. At least half of all affordable units in the Borough's Plan shall be available to families.
[4]
In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.
[5]
Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
[a]
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
[b]
At least 30% of all low- and moderate-income units shall be two-bedroom units;
[c]
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
[d]
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
[6]
Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.
(2)
Accessibility requirements:
(b)
All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:
[1]
An adaptable toilet and bathing facility on the first floor;
[2]
An adaptable kitchen on the first floor;
[3]
An interior accessible route of travel on the first floor;
[4]
An interior accessible route of travel shall not be required between stories within an individual unit;
[5]
An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and
[6]
If not all of the foregoing requirements in Subsection G(2)(b)[1] through [4] can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Subsection G(2)(b)[1] through [4] above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
[7]
An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7 and N.J.A.C. 5:97-3.14, or evidence that the Borough of Waldwick has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
[a]
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
[b]
To this end, the builder of restricted units shall deposit funds within the Borough of Waldwick's affordable housing trust fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
[c]
The funds deposited under Subsection G(2)(b)[7][b] above shall be used by the Borough of Waldwick for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[d]
The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Borough of Waldwick.
[e]
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7 (and N.J.A.C. 5:97-3.14), and that the cost estimate of such conversion is reasonable, payment shall be made to the Borough of Waldwick's affordable housing trust fund in care of the Municipal Treasurer (Chief Financial Officer) who shall ensure that the funds are deposited into the affordable housing trust fund and appropriately earmarked.
[f]
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7 (and N.J.A.C. 5:97-3.14).
(4)
Maximum rents and sales prices.
(a)
In establishing rents and sales prices of affordable housing units for which income limits are not already established through a federal program exempted from the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1, the administrative agent shall utilize the regional income limits calculated by the Borough of Waldwick, which shall be updated by the Borough annually within 30 days of the publication of determinations of median income by HUD as follows:
[1]
Regional income limits shall be established for the region that the Borough is located within (i.e., Region 1) based on the median income by household size, which shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated households within the county according to the most recent decennial Census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households from the most recent decennial Census in the Borough's housing region. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate-income unit for a household of four shall be 80% of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50% of the HUD determination of the regional weighted average median income for a family of four. The income limit for a very-low-income unit for a household of four shall be 30% of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year.
[2]
The income limits attached hereto as Exhibit C are the result of applying the percentages set forth in Subsection G(4)(a) above to HUD's determination of median income for FY 2017, and shall be utilized until the Borough updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
[3]
The Regional Asset Limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Borough annually by taking the percentage increase of the income limits calculated pursuant to Subsection G(4)(a) above over the previous year's income limits, and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year.
(b)
The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted low- and moderate-income units shall be affordable to households earning no more than 52% of median income.
(c)
The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units provided that at least 13% of all low- and moderate-income rental units shall be affordable to very-low-income households earning no more than 30% of median income.
(d)
The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different sales prices for each bedroom type, and low-income ownership units must be available for at least two different sales prices for each bedroom type.
(e)
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities and age-restricted developments, the following standards shall be used:
[1]
A studio shall be affordable to a one-person household;
[2]
A one-bedroom unit shall be affordable to a one-and-one-half-person household;
[3]
A two-bedroom unit shall be affordable to a three-person household;
[4]
A three-bedroom unit shall be affordable to a four-and-one-half-person household; and
[5]
A four-bedroom unit shall be affordable to a six-person household.
(f)
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted developments, the following standards shall be used:
(g)
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(h)
The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size including an allowance for tenant-paid utilities, as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(i)
The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.
(j)
The rent of low- and moderate-income units may be increased annually based on the permitted percentage increase in the Housing Consumer Price Index for the United States. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low- income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.
(k)
For any affordable housing unit that is part of a condominium association and/or homeowner's association, the master deed shall reflect that the association fee assessed for each affordable housing unit shall be established at 100% of the market-rate fee.
H.
Utilities.
(1)
Affordable units shall utilize the same type of heating source as market units within an inclusionary development.
(2)
Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.
I.
Affirmative marketing requirements.
(1)
The Borough of Waldwick shall adopt by resolution an Affirmative Marketing Plan, subject to approval of the Court that is compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
(2)
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward Housing Region 1 and covers the period of deed restriction.
(3)
The affirmative marketing plan shall provide a regional preference for all households that live and/or work in Housing Region 1 comprised of Bergen, Hudson, Passaic and Sussex Counties.
(4)
The municipality has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the affirmative marketing program, including initial sales and rentals and resales and re-rentals. The administrative agent designated by the Borough of Waldwick shall implement the Affirmative Marketing Plan to assure the affirmative marketing of all affordable units.
(5)
In implementing the affirmative marketing plan, the administrative agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(6)
The Affirmative Marketing Plan shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the Affirmative Marketing Plan, the administrative agent shall consider the use of language translations where appropriate.
(7)
The affirmative marketing process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy.
(8)
All units being affirmatively marketed shall be listed on the State Housing Resource Center website in accordance with applicable law. The list of organizations to be the organizations set forth in Paragraph 10 of the Settlement Agreement. The following community and regional organizations shall be notified when affordable units are available: Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, the Bergen County Chapter of the NAACP, and Bergen County Urban League. Any other entities, including developers or persons or companies retained to do affirmative marketing, shall comply with this subsection.
(9)
Applications for affordable housing shall be available in several locations, including, at a minimum, the county administration building and/or the county library for each county within the housing region; the municipal administration building and the municipal library in the municipality in which the units are located; and the developer's rental office. Pre-applications shall be emailed or mailed to prospective applicants upon request.
(10)
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by Borough of Waldwick.
J.
Occupancy standards.
(1)
In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the administrative agent shall strive to:
(2)
Additional provisions related to occupancy standards (if any) shall be provided in the municipal operating manual.
K.
Control periods for restricted ownership units and enforcement mechanisms.
(1)
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended and supplemented. Each restricted ownership unit shall remain subject to the requirements of this section for a period of at least 30 years until the Borough of Waldwick elects to release the unit from such requirements. Prior to such action, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, except that, for any units approved after October 13, 2016, such controls shall be for at least 50 years, or until such time after the initial fifty-year period as the Borough of Waldwick elects to release the unit from such requirements.
(2)
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
(3)
Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.
(4)
At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first nonexempt sale after the unit's release from the requirements of this section, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
(5)
The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
(6)
A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title following the removal of the restrictions provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
L.
Price restrictions for restricted ownership units, homeowner association fees and resale prices.
(1)
Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
(a)
The initial purchase price for a restricted ownership unit shall be approved by the administrative agent.
(b)
The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
(c)
The master deeds of inclusionary developments shall provide no distinction between the condominium or homeowner association fees and special assessments paid by low- and moderate-income purchasers and those paid by market purchasers.
(d)
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.
M.
Buyer income eligibility.
(1)
Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.
(2)
Notwithstanding the foregoing, however, the administrative agent may, upon approval by the Borough Council, and subject to the Court's approval, permit moderate-income purchasers to buy low-income units in housing markets if the administrative agent determines that there is an insufficient number of eligible low-income purchasers to permit prompt occupancy of the units. All such low-income units to be sold to moderate-income households shall retain the required pricing and pricing restrictions for low-income units.
(3)
A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the administrative agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.
(4)
The administrative agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's certified monthly income.
N.
Limitations on indebtedness secured by ownership unit; subordination.
(1)
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the administrative agent for a determination in writing that the proposed indebtedness complies with the provisions of this section, and the administrative agent shall issue such determination prior to the owner incurring such indebtedness.
(2)
With the exception of original (first) purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).
O.
Capital improvements to ownership units.
(1)
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements made since the purchase of the unit. Eligible capital improvements shall be those that render the unit suitable for a larger household or that adds an additional bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.
(2)
Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the administrative agent at the time of the signing of the agreement to purchase. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price, which shall be subject to ten-year, straight-line depreciation, has been approved by the administrative agent. Unless otherwise approved by the administrative agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The owner and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.
P.
Control periods for restricted rental units.
(1)
Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 30 years, until Waldwick takes action to release the unit from such requirements. Prior to such action, a restricted rental unit shall remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, except that, for any units approved after October 13, 2016, such controls shall be for at least 50 years, or until such time after the initial fifty-year period as the Borough of Waldwick elects to release the unit from such requirements. For new projects receiving nine-percent low-income housing tax credits, a control period of not less than a thirty-year compliance period plus a fifteen-year extended use period shall be required.
(2)
Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Bergen. The deed shall also identify each affordable unit by apartment number and/or address and whether that unit is designated as a very low, low or moderate income unit. Neither the unit nor its affordability designation shall change throughout the term of the deed restriction. A copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy.
(3)
A restricted rental unit shall remain subject to the affordability controls of this section, despite the occurrence of any of the following events:
Q.
Price restrictions for rental units; leases.
(1)
A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the administrative agent.
(2)
No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the administrative agent.
(3)
Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.
(4)
No rent control ordinance or other pricing restriction shall be applicable to either the market units or the affordable units in any development in which at least 15% of the total number of dwelling units are restricted rental units in compliance with this section.
R.
Tenant income eligibility.
(1)
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:
(a)
Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.
(b)
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.
(c)
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.
(2)
The administrative agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(a)
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
(b)
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
(c)
The household is currently in substandard or overcrowded living conditions;
(d)
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
(e)
The household documents proposed third-party assistance from an outside sources such as a family member in a form acceptable to the administrative agent and the owner of the unit.
S.
Municipal Housing Liaison.
(1)
The Borough of Waldwick hereby appoints a specific municipal employee to serve as a Municipal Housing Liaison responsible for administering the affordable housing program, including affordability controls, the Affirmative Marketing Plan, monitoring and reporting, and, where applicable, supervising any contracted administrative agent. Waldwick shall adopt a resolution appointing a Municipal Housing Liaison. The Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee. The Municipal Housing Liaison shall be approved by the Court and shall be duly qualified through a training program sponsored by Affordable Housing Professionals of New Jersey before assuming the duties of Municipal Housing Liaison.
(2)
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Waldwick, including the following responsibilities which may not be contracted out to the administrative agent:
(a)
Serving as Waldwick's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households;
(b)
Monitoring the status of all restricted units in Waldwick's Fair Share Plan;
(c)
Compiling, verifying and submitting annual monitoring reports as may be required by the Court;
(d)
Coordinating meetings with affordable housing providers and administrative agents, as needed; and
(e)
Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing at least annually and more often as needed.
(3)
Subject to the approval of the Court, the Borough of Waldwick shall designate one or more administrative agent(s) to administer newly constructed affordable units in accordance with UHAC. An operating manual for each affordable housing program shall be provided by the administrative agent(s) to be adopted by resolution of the governing body and subject to approval of the Court. The operating manual(s) shall be available for public inspection in the office of the Borough Clerk, in the office of the Municipal Housing Liaison, and in the office(s) of the administrative agent(s). The Municipal Housing Liaison shall supervise the contracting administrative agent(s).
T.
Administrative agent.
(1)
The administrative agent shall be an independent entity serving under contract to and reporting to the municipality. For new sale and rental developments, all of the fees of the administrative agent shall be paid by the owners of the affordable units for which the services of the administrative agent are required. For resales, single-family homeowners and condominium homeowners shall be required to pay 3% of the sales price for services provided by the administrative agent related to the resale of their homes. That fee shall be collected at closing and paid directly to the administrative agent. The administrative agent shall perform the duties and responsibilities of an administrative agent as set forth in UHAC, including those set forth in §§ 5:80-26.14, 16 and 18 thereof, which include:
(a)
Affirmative marketing:
(b)
Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the Borough of Waldwick and the provisions of N.J.A.C. 5:80-26.15; and
(c)
Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(2)
Household certification:
(a)
Soliciting, scheduling, conducting and following up on interviews with interested households;
(b)
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
(d)
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and
(f)
Employing a random selection process as provided in the Affirmative Marketing Plan of the Borough of Waldwick when referring households for certification to affordable units.
(3)
Affordability controls:
(a)
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the Bergen County Register of Deeds or County Clerk's office after the termination of the affordability controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(4)
Resales and re-rentals:
(a)
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or re-rental; and
(b)
Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or re-rental.
(5)
Processing requests from unit owners:
(a)
Reviewing and approving requests for determination from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership that the amount of indebtedness to be incurred will not violate the terms of this section;
(b)
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the depreciated cost of central air-conditioning systems;
(c)
Notifying the municipality of an owner's intent to sell a restricted unit; and
(d)
Making determinations on requests by owners of restricted units for hardship waivers.
(6)
Enforcement:
(a)
Securing annually from the municipality a list of all affordable housing units for which tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the administrative agent;
(c)
The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complaints of excess rent or other charges can be made;
(d)
Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80- 26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments to the municipality's Affordable Housing Trust Fund; and
(f)
Creating and publishing a written operating manual for each affordable housing program administered by the administrative agent, to be approved by the Borough Committee and the Court, setting forth procedures for administering the affordability controls.
(7)
Additional responsibilities:
(a)
The administrative agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
(b)
The administrative agent shall prepare monitoring reports for submission to the Municipal Housing Liaison in time to meet any monitoring, requirements and deadlines imposed by the Court.
(c)
The administrative agent shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing at least annually and more often as needed.
U.
Enforcement of affordable housing regulations.
(1)
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
(2)
After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(a)
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court:
[1]
A fine of not more than $500 per day or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;
[2]
In the case of an owner who has rented his/her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Borough of Waldwick Affordable Housing Trust Fund of the gross amount of rent illegally collected;
[3]
In the case of an owner who has rented his/her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.
(b)
The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- and moderate-income unit.
(3)
Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
(4)
The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.
(5)
Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
(6)
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.
(7)
Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.
(8)
The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.
§ 97-121.1 Applicability.
Each of the provisions of this section shall apply to all zone districts unless otherwise stated.
§ 97-121.2 Accessory buildings, structures, utility sheds and uses.
A.
Accessory buildings, structures, emergency generators, temporary ADA ramps or uses as part of or incidental to principal buildings. Any building, structure, emergency generator, temporary ADA ramps, or use, or any part of a building, structure, or use attached to a principal building, whether temporary or permanent, shall adhere to the yard requirement for the principal building except as indicated herein.
[Amended 05-27-14 by Ord. 13-14; 5-25-2021 by Ord. No. 2021-12]
B.
Construction after principal building. No accessory building, structure or use may be built on any lot on which there is no principal building or structure.
C.
Distance from adjacent buildings. No portion of an accessory building, structure, or use (except for utility sheds as regulated by § 97-121.2I and temporary ADA ramps as regulated by § 97-121.2K) shall be no closer to an adjacent building on the same lot than ten (10) feet or the height of said accessory building, whichever is greater.
[Amended 5-25-2021 by Ord. No. 2021-12]
D.
Distance from property lines. No accessory building, structure, emergency generator, or use (except for utility sheds as regulated by § 97-121.2l and temporary ADA ramps as regulated by § 97-121.2K) shall be located within the front yard. Accessory buildings, structures, emergency generators, or uses shall comply with the minimum distance from the side and rear property lines as contained in the schedule.
[Amended 05-27-14 by Ord. 13-14; 5-25-2021 by Ord. No. 2021-12]
E.
Height. No accessory building, structure, or use (except for utility sheds as regulated by 97-121.2I) shall exceed one (1) story or the height contained in the schedule for the district in which it is located, except for accessory buildings, structures, or uses constructed in connection with agricultural uses.
F.
Area of accessory buildings, structures or uses. The total ground floor area of all accessory buildings, structures, or uses shall not exceed the ground floor area of the principal building and may not occupy more than twenty-five percent (25%) of the required rear yard, whichever is smaller. Agricultural and horticultural buildings, structures or uses may be excluded from these requirements.
G.
Corner and Flag lots. Accessory buildings, structures, emergency generators, or uses on corner and flag lots may not be erected nearer to the street than the front yard required on the adjacent lot.
[Amended 05-27-14 by Ord. 13-14]
H.
Dwellings prohibited. No accessory building, structure, or use shall be used as a dwelling.
I.
Utility sheds. A utility shed shall be exempt from the provision of § 97-121.2C, D and E, provided that it is located on a lot whose principal building is a residence; and it is located no closer than ten (10) feet to any adjacent building; and it is located in the rear yard at a minimum three-foot setback from the rear lot line and interior side line. No utility shed shall be greater than ten (10) feet in height, or larger than one hundred forty-four (144) square feet.
[Added 6-10-86 by Ord. No. 15-86]
J.
Except during the course of an emergency, emergency generators shall only be utilized or tested between 9:00 am and 8:00 pm any day of the week.
[Added 05-27-14 by Ord. 13-14]
K.
K. Temporary ADA Ramps. A temporary ADA ramp shall be exempt from the provision of §97-121.C, D, and G, provided that:
[Added 5-25-2021 by Ord. No. 2021-12]
1.
The ramp is located on a lot whose principal building is a residence; and
2.
The ramp is located no closer than ten (10) feet to any structure on an adjacent lot and no closer than five (5) feet from any property line, except the front property line whereby the ramp may be adjacent thereto subject to paragraph 3 below; and
3.
The ramp shall terminate upon the same property from which it starts and said ingress/egress of the ramp shall not be upon public property, a public right-of-way or any other property traversed by the public, such as a public sidewalk or roadway; and
4.
The owner agrees that within sixty (60) days for which the purposes of the need for the ramp is no longer necessary, the ramp shall be removed from the property.
5.
If any of these conditions can not be met, the property owner or their representative shall contact the Borough Zoning Official to discuss a reasonable solution or alternative and the Borough Zoning Official shall be permitted to waive any of the above conditions if he deems it appropriate as a reasonable accommodation.
§ 97-121.3 Agricultural uses.
A.
Agricultural buildings, including customary accessory structures, shall be at least one hundred (100) feet from any property line.
B.
Permitted agricultural uses shall be principally for the raising of field and garden crops, and for vineyards and orchard farming.
C.
The raising and breeding of livestock shall be prohibited.
D.
Agricultural uses on five (5) acres or more shall be permitted incidental farm animals, provided that they are housed and kept in a manner which will not constitute a public nuisance.
E.
Provided that the lot involved consists of two (2) acres or more, the keeping of one (1) horse for riding purposes is permitted. The keeping of one (1) additional horse for riding purposes is permitted for each one (1) acre in the lot involved over the minimum of two (2) acres.
F.
The sale of farm produce grown and produced on the same property is permitted, provided that said property has an area of at least five (5) acres.
§ 97-121.4 Appearance of buildings.
Within any residential district no building where a permitted professional office or home occupation is to be located shall be constructed or altered in a manner so that its exterior design and appearance are not compatible and harmonious with a normal exterior residential appearance.
§ 97-121.5 Area or space required.
No lot, yard, parking area or other open space shall be so reduced in area or dimension as to make it less than the minimum required under this ordinance. No lot, yard or parking area or other open space which is already less than the minimum required under this ordinance shall be further reduced in area or dimension.
§ 97-121.6 Building identification.
All principal buildings in all districts shall be clearly identified as to street numbers, in accordance with the Borough of Waldwick Street Numbering Ordinance, by means of a small unobstructed sign clearly visible and legible from the main abutting street. The Official Waldwick Street Numbering Map shall be used for selection of street numbers assigned by the Borough tax assessor. Street numbers shall be placed only on the side of a building for which the tax department has determined the street address.
§ 97-121.7 Number of principal residential buildings per lot.
No lot shall have erected upon it more than one (1) principal residential building except in the case of multifamily dwelling projects as permitted by this ordinance.
§ 97-121.9 Building permits pending.
Nothing herein contained shall require any change in plans, construction or designated use for which a building permit has heretofore been issued and the construction of which shall have been diligently pursued within the applicable period of time regulated by the State of New Jersey.
§ 97-121.10 Building setback and yards.
A.
All front yards must face upon a public street or private street approved by the Planning Board or the Borough Council. On streets less than fifty (50) feet in width, the required front yard shall be increased by one-half (1/2) of the difference between the width of the street and fifty (50) feet. If a width greater than fifty (50) feet is shown on the adopted Master Plan or Official Map, the required front yard shall be increased by one-half (1/2) of the difference between the width of the street and said greater width. The provisions of this subsection shall not apply if an established setback of fifty (50) feet had been formed for a distance of five hundred (500) feet in either direction of the proposed lot.
B.
Front, side and rear building locations within five (5) feet of the minimum setback requirements of this section shall be surveyed and certified by a licensed engineer or land surveyor. The survey may be performed at any time prior to the erection of a building above the foundation. A certified copy of the survey shall be presented to the Building Inspector when the foundation of the building is complete.
C.
On corner lots the front yard shall be construed as the yard on which the main entrance to the dwelling faces and the rear yard shall be the yard opposite the front yard. If a building is located diagonally on a lot facing two (2) streets, the yard adjoining both streets, shall comply with the front yard requirement.
§ 97-121.11 Conversion of dwellings.
The conversion of any existing dwelling to a business or industrial use shall comply with the district regulations of this ordinance and shall be subject to the review and approval of a site plan prior to the issuance of the building permit or certificate of occupancy.
§ 97-121.12 Corner lots.
Where a lot is bounded by more than one (1) street the front yard setback shall be taken along the side on which the main entrance is located; the side yard setback shall not be less than seventy percent (70%) of the front yard requirement in the district or conform to the setback line established along the same side of the street within five hundred (500) feet, whichever is greater. On corner lots, the average lot depth measured from any abutting street shall not be less than one hundred twenty-five percent (125%) of the required minimum lot width.
§ 97-121.13 Dangerous conditions; incongruous buildings.
No permit shall be granted for a building or use if the design or construction of the same is likely to involve exceptional risk of traffic congestion, public safety or hazard, nor shall a permit be issued for a building or use if the design or construction of same is so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent property.
§ 97-121.14 Display of goods for sale.
[Deleted on January 22, 1994 by Ord. No. 2-94]
§ 97-121.15 Driveways.
A.
Residential driveways shall not exceed twenty (20) feet in width; except that circular driveways extending from a driveway of twenty (20) feet in width shall be no wider than eleven (11) feet. The minimum setback to a property line shall be three (3) feet.
B.
No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located.
§ 97-121.16 Existing uses.
Except as specified in § 97-125 of this ordinance, any use, building, sign or structure existing at the time of the enactment of this ordinance may be continued, even though such use, building, sign or structure may not conform with the provisions of this ordinance for the district in which it is located.
§ 97-121.17 Groundwater supplies.
A.
Distance restriction for structures near supplies. No building or structure shall be erected in any zone district of the Borough of Waldwick within fifty (50) feet of any well, infiltration gallery, spring or similar source of groundwater now or hereafter developed for a public water supply system.
B.
Special requirements for sanitary sewer construction near supplies. No sewer or line carrying sanitary or industrial waste located within one hundred (100) feet of any well, infiltration gallery, spring or other similar source of groundwater now or hereafter developed for a public water supply system may be installed in any zone district in the Borough of Waldwick unless the same shall be of steel-reinforced concrete, cast iron or other similar material, properly protected and of completely watertight construction and other constructed in accordance with the Rules and Regulations for the Preparation and Submission of Plans for Public Water Supply Systems and Water Treatment Plants now or hereafter issued by the New Jersey State Department of Health.
C.
District restriction for sanitary sewer manholes and connections. No manholes or connections on a sanitary sewer system shall be permitted within one hundred (100) feet of any well now or hereafter developed for a public water supply system in any zone district in the Borough of Waldwick.
D.
Public water systems. "Public water system" is defined as a system comprising structures which, operating alone or with other structures, result in the derivation, conveyance, transmission or distribution of water for potable or domestic purposes to consumers in twenty (20) or more dwellings or properties.
§ 97-121.18 Landfill.
All lots being filled shall be filled with topsoil and/or clean fill to allow complete surface draining of the lot into local storm sewer systems. No construction shall be permitted which creates or aggravates water stagnation or a drainage problem.
§ 97-121.19 Landscaping.
All properties shall be suitably landscaped, except for areas covered by buildings or surfaced as parking or service areas. All landscaping shall be properly maintained throughout the life of any use on any lot.
§ 97-121.20 Land use.
The control and regulation of the uses of buildings and structures as herein provided shall equally apply to the nature and extent of the use of the land.
§ 97-121.21 Lighting and sound systems.
[Amended 5-13-2025 by Ord. No. 2025-11]
The provisions of his section shall apply to all principal and accessory uses or activities permitted within a residential district or within 200 feet of a residential district boundary line.
A.
Any outdoor lighting shall be adequately shielded and directed away from the adjoining properties. The following standards shall apply:
1.
Minimum average footcandles for walkways: 0.4 to 0.8 footcandles and parking areas: 0.5 to 1.5 footcandles.
2.
Maximum footcandles at property line: 0.1 footcandles.
3.
Maximum footcandles at intersections of roadways: 0.6 to 1.2 footcandles.
4.
Maximum mounting height: 25 feet.
5.
House shields shall be provided for perimeter lighting to prevent the light source from being visible at any property line.
6.
Light fixtures shall be LED and Dark Sky compliant.
7.
No lighting fixture shall be permitted to exceed 5,000 Kelvin.
8.
Lighting shall not be permitted which requires flashing, twinkling, or intermittent illumination.
9.
Any floodlight-type fixture shall have its light source shielded so as to not be visible from the property line, and any floodlight-type fixture shall be angled so as not to permit illumination beyond a 45° angle from the structure to which it is affixed.
10.
Landscape lighting with the source of illumination shielded from view from all property lines is permitted.
B.
Temporary seasonal lighting shall be permitted from November 15 through March 1 of each year and shall not be subject to the limitations set forth in § 97-121.21A.
C.
Any public address system or loud speaker device which can be heard beyond the property line is specifically prohibited.
§ 97-121.22 Lot width.
The minimum lot width as set forth in the schedule shall be measured in the following manner:
A.
Irregularly shaped lots. In the case of irregularly shaped lots, the minimum lot width specified in the schedule may be measured at the building line, provided that in no case shall the lot frontage measured at the street right-of-way line be less than fifty percent (50%) of the minimum lot width requirement or fifty (50) feet, whichever is the greater.
B.
Frontage along curves. Lot frontage shall be measured along the street right-of-way line at a public street. The measurement of lot frontage along curves shall be taken in a straight line between the two (2) side lot lines, along the chord, and not measured along the arc of the curve.
§ 97-121.23 Natural features preserved.
No structure shall be built within fifty (50) feet of the bed of a stream. No building shall be constructed on land subject to periodic overflow or on land which has an average water table within two (2) feet of the ground surface. No person shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in accordance with the construction or alteration of a building on such premises and excavating or grading incidental thereto or except as hereinafter specified. Existing natural features such as trees, brooks, drainage channels and views shall be retained. Whenever such features interfere with the proposed use of such property a retention of the maximum amount of such features consistent with the use of the property shall be required wherever possible at the discretion of the Planning Board. Natural waterways are not to be altered.
§ 97-121.24 Outdoor storage.
A.
No outdoor storage of materials, or storage of vehicles, trailers or other such equipment shall be permitted in the front yard in any zone. This should not be considered to prohibit the use of a designated commercial parking area within a front yard for customer and employee parking.
B.
No article or material shall be kept, stored or displayed outside the confines of a building unless the same is so screened by fences, walls or plantings so that it cannot be visible from the public street or adjoining property.
C.
Outdoor storage of materials, vehicles, trailers or other such equipment shall be limited to items associated with the principal use of a property.
D.
In all nonresidential zones, outdoor storage is only permitted in rear yard, as herein regulated. No articles, equipment, vehicles, supplies or materials shall be kept, stored or displayed outside the confines of any building unless and until the same are screened by special planting or fencing, as approved by the Planning Board, and maintained in good condition, so that they shall not be visible from any adjacent property or public street. Any fence required to screen the outdoor storage of flammable material otherwise permitted by this ordinance shall not be closer than twenty (20) feet to any property line on the lot upon which it is erected.
§ 97-121.25 Temporary storage units.
A.
No person shall place upon their property or upon any premises in the Borough a temporary storage unit, unless the owner of the premises has previously obtained a temporary storage unit permit from the Borough Zoning Official.
B.
Application for such temporary storage unit shall be in writing and shall be presented to the Zoning Official and state the following:
1.
Name and address of the owner of the property;
2.
Name and address of the applicant;
3.
If the applicant is different from the owner, an affidavit from the owner that the applicant has permission to request such permit;
5.
An executed statement indicating that the applicant understands and agrees that this storage unit is temporary in nature and the applicant has read the ordinance regulating the same.
C.
The cost for such temporary storage unit permit shall be twenty dollars ($20) and submitted to the Zoning Official with the application. Any extension requested pursuant to Subsection 7 below shall be an additional ten dollars ($10) which shall be submitted with the extension request.
D.
The temporary storage unit shall be placed in a location as directed by the Zoning Official and preference shall be given to locating the temporary storage unit in the rear yard.
E.
The application shall be reviewed by the Zoning Official who shall review the application for completeness and issue said permit within seven (7) business days of filing.
F.
The temporary storage unit shall be temporary in nature and unless approved by the Planning Board, no temporary storage unit shall be placed or remain on the same premises more than one hundred and twenty (120) days, cumulatively, within a twelve (12) month period. The start date of the time period shall be the date delivery, as shown on the delivery ticket, which must be supplied to the Zoning Official upon request.
G.
The temporary storage unit permit shall be granted for an initial period of no more than sixty (60) days, however, two thirty (30) day extensions of the permit may be granted, but in no case shall more than two (2) extensions be granted unless otherwise approved by the Planning Board. After expiration of the initial time period as well as the two (2) extensions, if additional time is still required, the applicant may submit such an application to the Planning Board for consideration. Such application must be submitted to the Planning Board within fourteen (14) days of the expiration of the second extension so as to have the matter heard prior to or as close as possible to the expiration of the maximum one hundred and twenty (120) day period as set forth in Subsection 6 above.
H.
No more than one (1) temporary storage unit shall be placed upon any single lot at any one (1) time, and the temporary storage unit shall not exceed sixteen (16) feet in length.
I.
If upon expiration of the permit period, the temporary storage unit has not been removed and remains on the premises, the Zoning Official shall notify the applicant and the property owner that they have five (5) days to correct such violation. Said notification shall be sent via regular and certified mail and if the violation is not remedied, a summons shall be issued.
§ 97-121.26 Refuse storage.
The storage of refuse outside a structure shall be in tightly closed containers located no closer than ten (10) feet to the property line or the setback prescribed for accessory buildings in that district whichever is greater. All areas providing for the outside storage of refuse shall be screened so that it is not visible from the public street or adjoining property.
§ 97-121.27 Trucks; parking in residential districts.
[Amended 2-28-84 by Ord. No. 2-84]
Not more than one (1) truck or commercial vehicle owned or used by a resident shall be parked or stored outside overnight in any residential zone; provided, however, that no truck which is licensed by a state for a gross weight of such vehicle and load exceeding eight thousand (8,000) pounds shall be parked or stored overnight in any residential zone. In addition, the washing and maintenance of commercial vehicles is prohibited on residential property.
§ 97-121.28 Visibility.
[Amended 10-14-97 by Ord. No. 20-97]
On any corner lot in any residential zone, no structure, (except for fences conforming to the requirements of § 97-123.3) planting or shrubbery over thirty (30) inches in height above the level of the pavement of the roadway, except deciduous trees, shall be erected or maintained within twenty-five (25) feet of the intersection formed by the projections of the two (2) street side lines at the corner so as to interfere with traffic visibility across the corner. All trees adjoining street side lines in all zones shall have their branches trimmed at all times to ensure unobstructed vision eight (8) feet above street pavement level. This section of this ordinance shall be enforced by the Police Department of the Borough of Waldwick.
§ 97-122.1 Exceptions to height limits.
No part of a building or structure may exceed the building height limits defined elsewhere in these ordinances with the following exceptions and clarifications:
1)
Housings or roof structures, including but not limited to, elevators, stairways, tanks, ventilating fans, air-conditioning equipment required to operate and maintain a building, fire walls or parapet walls, skylights, towers, chimneys, cupolas, smoke stacks, monuments, water tanks, silos or similar structures may be erected above the height limits permitted by this ordinance provided that they are adequately screened or decorative in nature, but in no case more than twenty-five percent (25%) more than the maximum height permitted in the district.
2)
Spires and steeples on building for the exclusive use of non-profit and religious institutions may be approved through the site plan process but in no case more than 50% the maximum building height limits in that district.
3)
Roof mounted flagpoles on a building may not exceed twenty-five percent (25%) of the building height limits for any district.
4)
Antennas for broadcast reception, amateur radio, and similar uses shall be located to minimize visual impact on the neighborhood. In no case shall any part of the structure or antennas mounted thereon be closer than ten feet from any property line. Any antenna must comply with any regulations of the Federal Communications Commission, the Federal Aviation Authority and must comply with any other applicable federal or state statues or regulations.
§ 97-122.2 Exceptions to area requirements.
A.
Contiguous lots. Whenever title to two (2) or more contiguous lots is held by the same owner, regardless of whether or not each of said lots have been approved as portions of a major subdivision or acquired by separate conveyance or by other operation of law, and one (1) or more of said individual lots should, by reason of exceptional narrowness, shallowness, topographical conditions, substandard area or yard space, not conform with the minimum lot area and dimensional requirements of the zone in which it is located, the contiguous lots of said owner, for the purpose of this ordinance, shall be considered as a single lot, and the provisions of this ordinance shall hold.
B.
Deficient because of dedication. Whenever land has been dedicated to the Borough by a lot owner to meet the minimum street width requirements of this chapter or to implement the Official Map (Chapter 61 of the Borough of Waldwick Municipal Code) or Master Plan of the Borough, the Building Inspector shall issue building and occupancy permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent land to provide the minimum requirements.
§ 97-122.3 (Reserved)
[Exceptions to corner lot requirements, was repealed 3-36-85 by Ord. No. 3-85]
§ 97-122.4 Exceptions to frontage requirements.
For residential lots not fronting on a public road:
A.
Where an existing single-family use is set back a greater distance than the minimum lot depth required for that district and has access from a public street by means of a private lane, the required frontage on a public road may be reduced to not less than fifty (50) feet, if such reduction will not adversely affect the development of the remaining undeveloped land, and as long as any such frontage reduction shall be measured at the street line and the side lines perpendicular to such frontage so that the lot area created is reasonably suited for the construction and used as a private lane and possible development of a Borough road.
B.
The remainder of the lot, exclusive of the private lane, shall meet all requirements of the schedule for the district in which it is located.
C.
In the event that an additional lot be located and developed on such private lane and said private lane becomes the access road for the additional lot, the owner of the private lane shall, at his/her own expense, pave and improve and dedicate to the Borough said private lane in accordance with all Borough standards regulating street construction and the provisions of Article VIII, Subdivision of Land. Furthermore, such road improvements shall be made prior to the issuance of a building permit for the additional dwelling.
§ 97-122.5 Exceptions to front and side yards.
Uses may be located closer to the street right-of-way than required in the schedule but only where the pattern of existing buildings within three hundred (300) feet on either side of the lot on the same side of the street is established at a closer distance. Such new buildings may then be built no closer to the street line than the average setbacks of these existing buildings but no closer than the adjoining buildings. Undersized lots where § 97-122.2 is not applicable may be permitted a reduction in the side yard requirements in proportion to the width of the undersized lot related to the minimum requirements of this ordinance; however, in no case shall any side yard be less than five (5) feet.
§ 97-122.6 Exceptions to frontage on curves.
Where roads or streets are curved, the measurement of lot width may be met at the building setback line, but in no case may the lot frontage at the street line be less than one-half (1/2) of the required lot width or fifty (50) feet, whichever is the greater.
§ 97-122.7 Exceptions in application or site plan regulations.
The Planning Board, when acting upon applications for preliminary or minor subdivision approval or preliminary site plan approval, shall have the power to grant such exceptions from requirements for subdivision or site plan approval as may be reasonable and within the general purpose and intent of the provisions for subdivision and/or site plan revision and approval of an ordinance adopted pursuant to this ordinance, if the literal enforcement of one (1) or more provisions of the ordinance is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question.
§ 97-123.1 Boats; trailers; disabled vehicles.
Except as provided below, in the Borough of Waldwick the outside storage or parking and use of a boat, recreational vehicle, trailer (box trailer or utility trailer) or disabled vehicle by any person or persons is hereby prohibited in all districts.
A.
Parking and storage of boats and recreational vehicles. The outside parking and storing of boats and recreational vehicles in any zone shall be permitted subject to the following restrictions and regulations:
1.
All recreational vehicles, boats or boat trailers shall be stored in the side or rear yard only. No recreational vehicle, boat or boat trailer shall be parked or stored in the front yard of a lot or in front of the front yard building line.
2.
Any recreational vehicle, boat or boat trailer parked in the side or rear yard of a lot shall meet the requirements and regulations applicable to accessory buildings.
3.
Any recreational vehicle, boat or boat trailer parked or stored in a side or rear yard and not in an enclosed garage shall be screened from view of any adjoining street or property. Such screening shall not exceed six (6) feet and shall consist of a wall, dense shrubbery, fence or other attractive material. Such screening may be waived if topographic or other physical conditions would render the screening ineffective.
4.
The area devoted to the storage of boats or recreational vehicles shall not exceed five percent (5%) of the lot area or four hundred (400) square feet, whichever is the lesser.
5.
The area in which any recreational vehicle, boat or boat trailer is to be parked or stored shall not preempt any off-street parking space required to be provided by any provision of this ordinance.
6.
At no time shall a stored recreational vehicle be occupied or used for working, living, sleeping or storage purposes.
B.
Use of temporary storage trailers in connection with site construction. The use of temporary storage trailers in any zone in connection with a temporary construction field office shall be permitted subject to the following restrictions and regulations:
1.
Such trailers shall be located on the lot on which construction is progressing and shall not be located within twenty-five (25) feet of the boundary line of any abutting residential lot.
2.
Such trailers shall be used only as field offices and not for any dwelling use whatsoever.
3.
Such trailers shall not be moved onto a construction site until a date on or after which construction actually commences and shall be removed from such site on or before the completion of construction.
4.
A permit for the location and use of such trailer shall be obtained from the Zoning Officer. Such a permit shall be renewed every six (6) months.
C.
Disabled and nonregistered vehicles. Disabled and/or nonregistered vehicles may not be stored longer than seventy-two (72) hours in any zone except in an enclosed garage unless the same are awaiting repair at a licensed public garage or unless the same are new vehicles being stored or displayed at a licensed motor vehicle dealership. For the purpose of this ordinance, the term "disabled" shall refer to a motor vehicle which is in such a state of disrepair that it cannot readily be made operable and conforming to all requirements of the New Jersey Division of Motor Vehicles.
§ 97-123.2 Cluster development.
Cluster development shall be permitted subject to Planning Board site plan approval in the districts permitting such use subject to the following regulations. Nothing contained herein shall be construed to require the Planning Board to approve any subdivision employing cluster development standards if said subdivision is in conflict with any provision of the Waldwick Master Plan or if said subdivision will in any way result in a land use pattern that will adversely affect that portion of the Borough in which it lies.
A.
Area and bulk requirements. Within the R-1 Single-Family Residential District cluster development proposals shall be subject to the following regulations:
1.
The number of proposed dwelling units in such cluster developments shall be no greater than if proposed as a conventional subdivision.
2.
One-third (1/3) of the total tract area must be devoted to open space and for public uses which area shall be subtracted from the total tract area before streets and lots are delineated.
3.
The minimum tract area for which cluster development standards may be applied for shall not be less than five (5) acres.
4.
Fifty percent (50%) of the lots may be ten thousand (10,000) square feet in area but in no case shall the average lot size be less than twelve thousand (12,000) square feet.
[Amended 3-26-85 by Ord. No. 3-85]
5.
The minimum lot width shall be seventy-five (75) feet.
6.
All buildings shall comply with the minimum required yard areas for principal and accessory buildings.
B.
Open space. Lands to be devoted to public purpose and accepted by the Borough shall be deeded to the Borough of Waldwick. Land to be used as common open space by all homeowners and tenants shall be deeded to a duly created homeowners' association. Lands reserved as open space shall be subject to the following regulations:
1.
No area to be deeded to the Borough or reserved as open space under terms of this ordinance shall be less than one (1) acre unless said area is to be joined to an existing parcel of Borough land or unless a smaller area is shown on the Master Plan or Official Map of the Borough.
2.
The area deeded to the Borough or reserved as open space under the terms of this ordinance shall be used only for one (1) or more of the following purposes:
3.
The area to be deeded to the Borough or reserved as open space under the terms of this section shall be at a location and of a shape as required by the Planning Board, provided that:
a.
Said area shall adequately accommodate one (1) or more of the permitted uses listed above and shall complement the existing and contemplated future surrounding development.
b.
Said area shall be adaptable to the above permitted uses without undue public expenditure that might be required by reason of adverse topography, adverse drainage or slope conditions or inadequate accessibility.
C.
Homeowners' association.
1.
The dedication of open space land, streets or other land in common ownership of the homeowners' association shall be absolute, perpetual and not subject to reversion for possible future use or further development. Membership in a homeowners' association by all property owners shall be mandatory, such required membership and the responsibilities upon the members shall be in writing between the homeowners' association and the individual in the form of a covenant, each member agreeing to their liability for their pro rata share of the association's costs and providing that the Borough shall be a part beneficiary to such covenant entitled to enforce its provisions. Such association shall be responsible for liability insurance, local taxes, maintenance of land deeded to them and any facilities that may be erected on this land. The property owners in the approved homeowners' association shall pay their pro rata share of the cost for providing liability insurance, local taxes, and maintenance of such deeded open land and recreation facilities upon it. The assessment levied by the association may become a lien on the private properties in the development. The duly created homeowners' association shall be allowed to adjust the assessment to meet changing needs, and any deeded land may be sold, donated or in any other way conveyed to the Borough for a public purpose only, i.e., schools, parks, municipal facilities and other public uses.
2.
The homeowners' association, initially created by the developer, shall clearly describe in its bylaws the rights and obligations of any homeowner in the cluster development, along with the covenants and model deeds, the articles of incorporation of the association and any other information that the Borough and its attorney may deem necessary for the protection of all parties concerned prior to the granting of final approval by the Planning Board.
3.
The developer shall assume all responsibility for the homeowners' association until a majority of the dwelling sites are sold at which time the homeowners' association shall be automatically established. Provisions shall be made to ensure that control of the homeowners' association shall be transferred to the individual homeowners in the development at such time as the lot owners, on the basis of one (1) vote per lot, shall represent two-thirds (2/3) of the total number of votes.
4.
Prior to site plan approval the developer shall file with Borough Council a performance bond to ensure the proper installation of all recreation and park improvements shown on the site plan and a maintenance bond to ensure the proper maintenance of all common lands until the homeowners' association has been established. The amount and period of said bond shall be determined by the Planning Board and the form, sufficiency, manner of execution and security shall be approved by the Borough Attorney and Borough Council.
5.
In the event that the organization established to own and maintain common open space shall, at any time after establishment of the cluster development, fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Borough may serve notice, hold hearings and enter upon said common open space in order to maintain the same, and the cost of such maintenance by the Borough shall be assessed proportionately against the properties within the cluster development that have a right of enjoyment of the common open space and shall become a tax lien on said properties.
6.
In the event that the organization established to own and maintain stormwater management facilities shall, at any time after establishment of the cluster development, fail to maintain the stormwater management facilities in reasonable order and condition in accordance with the plan, the Borough may serve notice, hold hearings and enter upon said stormwater management facilities in order to maintain the same, and the cost of such maintenance by the Borough shall be assessed proportionately against the properties within the cluster development and shall become a tax lien on said properties.
§ 97-123.3 Fences and walls.
A.
In any district on any corner lot, no fence, wall, sign, structure or other obstruction of vision shall be erected or maintained in any front yard. Shrubbery, trees, bushes and other natural growth is allowed except where the height of same obstructs visibility at a corner as regulated by § 97-121.28.
B.
On any lot, except as provided in Subsection A, in any residential district, no fence of a solid type of either wooden or masonry construction, less than seventy-five percent (75%) open, shall be more than thirty (30) inches high in the required front yard area, and any fence seventy-five percent (75%) or more open may be four (4) feet high in the front yard. In the side and rear yards, any type of fence is permissible up to six (6) feet in height. Plantings used as screening/fencing in driveway areas must not create an obstruction to a clear view.
C.
No fence around residential property shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals.
D.
Every fence shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Building Inspector.
E.
All fences must be erected within the property lines, with the finished side facing the street or adjoining property, and no fences shall be erected so as to encroach upon a public right-of-way.
F.
The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding eight (8) feet in height above ground level anywhere within public park, public playground or public school properties. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining space, provided that such wall does not exceed such height to be measured from the ground level of the highest adjacent grade.
G.
On any corner lot fences may be erected under the following conditions:
[Added Oct. 14, 1997 by Ord. No. 20-97]
1.
When a corner lot's rear yard abuts the rear yard of another corner lot a six foot high fence may be erected along the sideline adjacent to the right-of-way. The fence shall have a front yard setback equal to one and one half times the required front yard setback for that particular zone. The fence may be extended to the rear property line.
2.
When a corner lot's rear yard abuts a yard line other than a rear yard line of the adjacent property a four foot high fence of any permitted type construction may be erected. The fence shall have a front yard setback equal to one and one half times the required front yard setback for that particular zone. The fence may be extended to the rear property line.
H.
Fences on top of retaining walls, berms, or other features. No fence constructed on a retaining wall, berm, or other man-made feature shall exceed a height of six (6) feet above the natural grade.
I.
Fences on above-ground swimming pools shall not exceed four (4) feet in height.
§ 97-123.4 Outdoor cafes.
[Added 8-22-00 by Ord. No. 12-00]
An outdoor cafe shall be permitted as an accessory use to a restaurant located in the VC-2 Village Center District, VC-3 Village Center District, C-1 Village Commercial District, C-2 Turnpike Commercial District, C-3 Neighborhood Commercial District subject to the standards and conditions set forth below:
A.
Outdoor Cafe Permit. Any person, firm, corporation or organization (hereinafter referred to as the applicant) shall first apply for and obtain from the Construction Code Official an outdoor cafe permit. In connection with the outdoor cafe permit application signed by the applicant on a form prepared by the Borough of Waldwick, which shall include the following information:
1.
A description of the proposed design and location of the outdoor cafe and all temporary structures, equipment, furniture, and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, umbrellas, lighting and electrical outlets, if any, and the type and amount of plant material to be used in the planters;
2.
A statement of seating capacity of the proposed outdoor cafe and the existing eating establishment actually operated by the applicant in the adjacent building. All outdoor seating is subject to the Borough parking requirements within 97-123.7.
3.
The number of feet and location of unobstructed space permitting free passage of pedestrian traffic around or through each outdoor cafe. There shall be a minimum of four (4) feet of unobstructed paved surface of the sidewalk available for pedestrian traffic. The applicant shall submit a diagram showing the area to be utilized and the location of the table and chairs.
4.
The location of all fire hydrants, parking meters, utility poles, benches, handicap ramps or any other fixtures permanently located on the sidewalk abutting the restaurant or within ten (10) feet thereof on either side or any side;
5.
That the location of the outdoor cafe shall be directly abutting the restaurant to which the outdoor cafe is accessory. Any doors leading from the restaurant shall not be obstructed in any manner.
6.
The name, residence address and telephone number of each individual, owner, partner or if a domestic corporation, the names, residence addresses and telephone numbers of the directors and officers owning a ten percent (10%) or greater interest in the corporation and the chief operating executive of the corporation and if a non-domestic corporation, the name, residence address and telephone number of the managing office for service of process within the State of New Jersey and a copy of the qualification of said non-domestic corporation to conduct business in the State of New Jersey.
7.
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.
B.
Action on Application and Appeal. The Construction Code Official will review the application for completeness and compliance with the terms of this Ordinance. The Construction Code Official will act on the application within seven (7) business days of its receipt. If the permit application meets the standards of this Ordinance, the permit shall be granted. The applicant or any interested party may appeal the grant or denial of the permit application to the Zoning Board of Adjustment within twenty (20) days by filing a notice of appeal in accordance with § 97-38 of this chapter.
C.
Rules and Specifications. An outdoor cafe authorized and operating pursuant to this section shall comply with all of the following rules and regulations and such others as may be adopted from time to time by resolution or ordinance of the governing body of the Borough of Waldwick:
1.
The cafe shall be operated and maintained in accordance with the finally approved permit.
2.
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor cafe shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure. Tables and chairs shall be placed adjacent to the building on the premises.
3.
The cleanliness of the outdoor cafe area is the responsibility of the restaurant. The area utilized for the cafe shall be kept clean and free of litter. Trash receptacles shall be provided. Litter shall not be permitted on adjoining sidewalks or property. Sidewalks must be swept daily and debris placed in appropriate containers and not in the street or gutter. Sidewalks shall be washed as necessary.
4.
Noise shall be kept at such a level as to comply with all provisions of the Borough ordinances relating to noise. In addition, there shall not be any public address systems, loudspeakers, sound systems, radios, or any other type of exterior sound system.
5.
Outdoor cafes shall be permitted to operate from 7:00 a.m. to 10:00 p.m. from April 1st through March 31st of each calendar year. The license shall be valid for one (1) season each calendar year. The application fee shall be paid annually.
[Amended 5-28-13 by Ord. No. 8-13]
6.
Within one (1) hour after the closing of the outdoor cafe, the operator shall have all furniture, apparatus, decoration and appurtenances and any other items used in connection with the operation of such outdoor cafe removed from the outdoor cafe area. All such materials shall be stored in a safe and secure interior location in such a way as to not interfere with speedy ingress to the premises after hours by emergency service personnel.
7.
The outdoor cafe shall be actually operated and maintained by the same person who operates and maintains the restaurant of which the cafe is a part and extension thereof.
8.
All food preparation shall be in the regular kitchen area of the restaurant and such food preparation shall not be permitted within the outdoor cafe area.
9.
All outdoor furniture used in the cafe operation shall be of quality construction and durable for continued outdoor use.
10.
All necessary amendments to liquor license applications with regard to the description of the area of the licensed premises shall be made and approval for such obtained prior to the operation of an outdoor cafe which is a part of a premises for which a liquor license has been previously issued. The provisions of Chapter 29 shall not apply to the area covered by the outdoor cafe permit.
11.
There shall be no additional signage on the premises.
12.
The Borough retains the right to temporarily suspend an outdoor cafe license to allow for construction activity, utility repairs, special events or for any reasons deemed appropriate.
13.
No condiments, or other food or beverage shall be stored outside.
14.
The placement of the outdoor cafe shall not reduce the parking available or violate any land use development approval.
15.
The area containing the tables and chairs should be, if reasonably practicable, separated from the pedestrian passageway. This should be accomplished by planters, fence, or other decorative devices. The divider shall not be a permanent structure and shall be removed at the expiration of an outdoor cafe permit.
E.
Consent to Inspection. Acceptance of the outdoor cafe permit by the applicant shall operate as a consent to the Board of Health, Fire, Police and Building officials of the Borough to inspect the outdoor cafe for continued compliance with the terms and conditions of this ordinance and any federal, state, county or local law, ordinance or regulation affecting the same.
F.
Enforcement. The Borough Clerk shall be responsible for licensing and the collection of fees. This section shall be enforced by the Construction Code Official, the Police Department, the Board of Health, as to the sanitary code, Superintendent of Public Works as to trash, litter and recycling regulations, the Borough's Fire Safety Official, the Borough Construction Official or any other Borough Official as designated by the Mayor and Council.
G.
Notice of violation; Failure to Comply. Upon a determination of an officer or employee of the Borough of Waldwick charged with the responsibility for enforcing the provisions of this section that a permittee has violated one (1) or more of such provisions, such officer or employee shall give written notice to the permittee to correct such violation within twenty-four (24) hours of the receipt of such notice by the licensee. In the event that the licensee fails or refuses to correct such violation within such period, the permittee's outdoor cafe license shall thereupon and automatically be revoked.
1.
Upon the revocation of such license, the licensee, upon written request, shall be entitled to a hearing before the governing body of the Borough of Waldwick within fourteen (14) days of the date of its request. The governing body may, in its sole discretion, restore such license as a result of the information presented to it at the hearing.
2.
In addition to revocation of the outdoor cafe license, any violation of this Ordinance may be prosecuted in the Waldwick Municipal Court. Any person convicted of a violation of any of the provisions of this section shall be subject to a fine not to exceed five hundred dollars ($500). Each violation of a provision of this section and each day that a violation continues, shall constitute a separate offense.
§ 97-123.5 Standards for senior citizen housing.
All senior citizen projects shall comply with the following standards:
A.
Area, density and lot coverage.
1.
Area. No senior citizen housing project shall be permitted on a lot having an area of less than fifteen (15) acres.
[Amended 2-28-84 by Ord. No. 2-84]
2.
Density. There shall be no more than ten (10) dwelling units for each acre of land within the site.
3.
Lot coverage. No more than fifty percent (50%) of the total lot area shall be used for structures, vehicular driveways and parking area with a minimum of fifty percent (50%) of the total area left with existing natural features and/or landscape plantings and pedestrian site improvements.
B.
Site plan review and approval.
1.
Necessity. No building or occupancy permit shall be issued for any senior citizen project until the site plan has been reviewed and approved by the Planning Board.
2.
Application. Application for site plan approval of a senior citizen project shall be submitted to the Waldwick Planning Board in accordance with the Municipal Land Use Law of the State of New Jersey, Article IX, Site Plan Review, and the procedures established in accordance therewith.
3.
Site plan details. In addition to the requirements of § 97-83 of this chapter, the applications for review and approval of a site plan for a senior citizen housing project shall include the following:
a.
Plot plan or plans showing the location and use of each proposed building and/or accessory uses and structures, the gross floor area of all buildings, driveways and private roads, pedestrian site improvements, area and arrangements for parking, drainage systems, utilities, landscaping, exterior lighting, screening, fire hydrants and other safety devices or equipment.
b.
General floor plan and unit floor plan for each type of dwelling unit.
c.
General elevations.
d.
Outline specifications providing a brief description of construction materials, finishes and equipment.
e.
Schedule showing minimum requirements together with details of the proposal relating to area, density, lot coverage and off-street parking.
f.
Proposed rules, restrictions, covenants, etc., if cooperative or condominium ownership is planned.
g.
Land uses of adjoining lands within five hundred (500) feet from each boundary of the proposed site/
h.
Such other data as may be necessary or appropriate to ascertain compliance with minimum standards and required conditions and to judge the effectiveness of the design and the character of the proposed project and to consider properly such things as its relationship to a surrounding area, anticipated traffic and public health, safety and welfare.
4.
Additional information. Prior to approving or disapproving the site plan, the Planning Board shall have the right to require the applicant to furnish additional information, documents, deeds, agreements and other items which it considers relevant and material to its consideration of the proposed site plan or as may be necessary to give proper assurance and guarantee to the Borough of Waldwick that the said senior citizen project will be developed, constructed and maintained in the manner, form and within the limitations set forth in the application, plans, specifications, conditions and regulations governing said senior citizen project, and as may be required for the protection of the health, welfare and safety of the citizens of the Borough of Waldwick, and the Planning Board may require such other documents or information as it may deem necessary to show proper compliance by said applicant for a senior citizen project with all standards, regulations and provisions of the municipal ordinances of the Borough of Waldwick, or such of them as the Planning Board may determine to be applicable to the specific senior citizen project in question.
5.
Swimming Pools within senior citizen housing projects. See § 97-123.10C.
C.
Required conditions. The Planning Board shall not approve a site plan for the development of a senior citizen project which does not give reasonable assurance that such project will comply with the following required conditions:
1.
Access. Access to each dwelling unit shall be not more than fifty (50) feet from a driveway, private road or parking area which is available to be used by emergency or other service vehicles.
2.
Clustering. No more than four (4) grade level dwelling units shall be constructed within a cluster or building group utilizing common or party walls. A second floor shall be permitted, the area of which shall not exceed twenty-five (25%) of the building or cluster and may constitute not more than one (1) additional dwelling unit. Each grade level dwelling unit shall have more than one (1) exit to provide ingress and egress from two (2) different sides of the building.
3.
Completion schedules. General scheduling shall be provided for the construction, installation and completion of structures and site improvements included within the plan. No site plan shall be approved which includes structures or other improvements not to be completed within three (3) years after initial commencement of construction.
4.
Design and construction. The design of all buildings and recreational facilities shall be consistent with the overall intent and purpose of such project and the reasonably anticipated needs and desires of its residents for privacy and participation in community and social activities. All dwelling units shall be provided with an adequate heating system with a design capacity to maintain a temperature of eighty degrees Fahrenheit (80 F) in all bathrooms and seventy degrees Fahrenheit (70 F) in all other habitable areas when the outside temperature is zero degrees Fahrenheit (0 F). Each dwelling unit shall have bath facilities. The size of the bathroom and arrangement of the facilities shall be designed to meet the needs of older persons and have a floor finish with nonslip characteristics and an imperviousness to water. All plumbing fixtures, accessories and treatment shall be selected for and provide design features that contribute to the safety, convenience and aid of older persons. Shower stalls shall include a built-in seat or bench or sufficient space for a bath stool.
5.
Driveways or private roads. Within a senior citizen project there shall be provided a system of drives or private roads of a functional design adequate to meet reasonably anticipated traffic needs and give safe and convenient vehicular access to all dwelling units and other facilities. Any such drive or private road intended to serve more than one (1) dwelling unit shall have a minimum width of twenty-four (24) feet, except that a driveway which is less than fifty (50) feet in length and which is intended for the sole purpose of providing access to one (1) designated parking area shall have a minimum width of sixteen (16) feet. All such drives or private roads shall have suitable indications of any parking restrictions provided herein and shall conform to the following minimum specifications for construction:
a.
The roadway shall consist of a four-inch macadam base course, a two-inch modified penetration intermediate course and a one and one half inch bituminous concrete surface course Type FABC-1 Mix No. 5.
b.
The roadway shall conform to New Jersey State Highway Department Standard Specifications. A standard six-by-nine-by-twenty-inch concrete curb shall be constructed on both sides of the roadway and shall also conform to the New Jersey State Highway Department Standard Specifications.
6.
Fire hydrants. Fire hydrants and other fire safety protection equipment shall be installed and maintained in accordance with the specification of the Waldwick Fire Prevention Bureau.
7.
Height. No building shall exceed a maximum of two and one-half (2-1/2) stories or thirty-five (35) feet in height, whichever is the lesser.
8.
Landscaping. All existing prominent natural features, such as large rock outcrops, large trees, tree groves, ponds, streams, glens and wildlife and plant conservation areas, shall be preserved, maintained or enhanced wherever possible. Such natural features shall be considered to be a desired asset and an integral part of the site. Landscape plantings and shade trees shall be shown for the areas around and between all buildings, around the perimeter and/or within parking service areas and along driveways or private roads. Pedestrian site improvements, such as sidewalks, paths, benches and statuary, shall be provided for the use and enjoyment of the residents. All landscaping details shall be an integral part of the site plan.
9.
Lighting. Lighting shall be provided to illuminate all driveways, private roads, sidewalks, walkways and parking areas during the hours of darkness. The intensity of such illumination and the arrangement of all fixtures shall be such as to minimize the effect of any beam or glare on adjoining properties or dwelling windows.
10.
Parking. Parking as required by the New Jersey Residential Site Improvements Standards shall be provided in designated parking areas. Parking shall not be permitted along any drive or private road having a width of less than thirty (30) feet and which is intended to be used to serve more than one (1) dwelling unit. All parking areas shall be constructed so as to provide a smooth and safe driving surface, properly drained with suitable concrete curb protection. All parking spaces within any parking area shall be clearly marked to show the parking arrangement within said parking area.
11.
Pedestrian site improvements. Due consideration shall be given in planning walks, ramps and driveways to minimize any danger of tripping, slipping or stumbling. Gradients of walks shall not exceed ten percent (10%), and handrails shall be required where appropriate. Outdoor areas available to residents shall be designed to permit older persons to move about with minimum effort or danger.
12.
Screening. All parking or service areas shall be effectively screened on any side which faces a public street or adjoining property by a fence, wall or hedge at least five (5) feet in height, approved by the Planning Board and maintained in good condition.
13.
Setbacks.
a.
No structure shall be located within forty (40) feet of any property line or State, County or municipal road, and no driveway, private road or parking area shall be located closer than forty (40) feet to any adjoining property. Buildings shall be located to conform to the following minimum open space requirements between such building and any vehicular driveway, parking areas or other structures.
b.
No portion of the open space required around any building for the purpose of complying herewith shall be included as part of the open space similarly required for another building.
c.
In applying the minimum setback and open space requirements as set forth herein, distances shall be measured on a horizontal plane to the closest part of any structure. Building overhangs, protrusions and attachments, whether at or above grade level and whether temporary or permanent, shall be deemed to be part of the structure for purposes of determining the minimum setback or open space requirements.
14.
Unit size. All rooms of a dwelling unit shall be one (1) level, except that a split-level design shall be considered as one (1) level. Each unit shall contain one (1) or two (2) bedrooms. One-bedroom dwelling units shall have a minimum floor area of not less than seven hundred twenty (720) square feet, and two-bedroom dwelling units shall have not less than eight hundred (800) square feet.
15.
Utilities. All utility lines, pipes and wires shall be placed underground.
D.
Approval with conditions. The Planning Board may attach such conditions for any site plan approval for a senior citizen project as it shall deem necessary to protect the safety, health and welfare of the citizens of the Borough of Waldwick and future occupants of such project and to assure delivery of proper water supply, disposal of sewage and solid wastes, drainage, policing of the project, assurance of right of ingress and egress by the police, health, fire, inspecting officials and other officials of the Borough of Waldwick and guarantee of maintenance of facilities to be used by the residents of the said senior citizen project, and should said senior citizen project be organized as a cooperative or condominium, the Planning Board may require such covenants and agreements to be filed by the applicant prior to the issuance of a certificate of occupancy as may be necessary for the protection of the occupants of said project and the citizens of the Borough of Waldwick and guaranteeing compliance by the project and the cooperative or condominium with the rules, regulations, plans, specifications and conditions established by the Planning Board pertaining to said project.
§ 97-123.6 Standards for planned residential development.
[Added 3-26-85 by Ord. No. 3-85]
All planned residential development projects shall be developed in accordance with an approved comprehensive site plan (see Article IX, Site Plan Review) that complies with the following standards:
A.
Area, density, lot coverage and size:
1.
Area. A planned residential project shall have a minimum lot size of thirty thousand (30,000) square feet and a maximum lot size of five (5) acres.
2.
Density. There shall be no more than one (1) dwelling unit for each three thousand six hundred thirty (3,630) square feet of land within the site.
3.
Lot coverage. Not more than thirty-five percent (35%) of the lot area shall be occupied by buildings.
4.
Lot width. The minimum lot width and frontage shall be one hundred fifty (150) feet.
5.
Lot depth. The minimum lot depth shall be one hundred fifty (150) feet.
B.
Purpose of planned residential development project. The intent of the planned residential development regulations is to permit greater flexibility and consequently, more creative and imaginative design for the development of residential uses than generally possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of urban amenities and preservation of natural scenic qualities of open spaces. It is the responsibility of the applicant to provide documentation and demonstrate compliance with the objectives herein stated.
C.
Access to planned residential development project. Access to a planned residential development project containing twenty (20) or more dwelling units shall be directly onto an arterial or collector street as shown in the Master Plan.
D.
Yard requirements.
1.
Street and property line setback. Every principal building shall have a minimum setback of one and five-tenths (1.5) times the highest portion of wall or building facade which faces the public street or property line. The wall height shall be the vertical distance measured from the lowest perimeter finished grade of the building wall to the highest point of the wall or roof peak adjacent to the property line. In any event, no principal building setback shall be less than the following:
a.
Front. Every principal building shall have a minimum front yard setback of at least thirty-five (35) feet from all public streets, but not less than the average prevailing setback that exists for two hundred (200) feet on either side, whichever is greater.
b.
Side. Every principal building shall have a minimum side yard setback of at least twenty (20) feet on one (1) side and a combined side yards setback for both sides of not less than fifty (50) feet.
c.
Rear. Every principal building shall have a minimum rear yard setback of at least thirty-five (35) feet.
2.
Interior setback. Every building shall have a minimum setback of ten (10) feet from all interior roads and parking areas.
3.
Buffer strip. There shall be a buffer strip along the entire perimeter of the property exclusive of the front yard, of at least ten (10) feet in width measured inward from the property line and suitably landscaped with grass and/or ground cover, shrubs and trees. Said buffer strip is included in the setback requirement.
4.
Courtyards. Courtyards bounded on three (3) or more sides by the wings of the same building or by the walls of separate buildings shall have a minimum court width of two (2) feet for each foot of height of the tallest building.
5.
Accessory buildings. No accessory building shall be located in the front yard. All accessory buildings shall not be located closer than ten (10) feet to any property line, except for pools which require twenty (20) feet.
6.
Distance between buildings. The total minimum distance between buildings shall be the sum of the two (2) abutting yard requirements. The following yard areas shall be the minimum distances as measured horizontally in feet and shall be measured away from the front, side and rear of each building or group of attached townhouses. When the ends of buildings are opposite, or generally opposite, no building as measured radially from any corner shall be closer to another building than forty (40) feet where vehicular access is required between the buildings. The closest radial distance between the buildings may be reduced to not less than twenty (20) feet, provided that one (1) or more of the following conditions exist: the facing walls overlap no more than fifty percent (50%); the acute angle formed by the intersection of projected lines of each sidewall is greater than forty-five degrees (45); and if the height of the building is no greater than one (1) story.
E.
Bulk requirements.
1.
Open space. At least thirty-five percent (35%) of the tract area, exclusive of roads, shall either be left in its natural state, appropriately landscaped or grassed, not to be occupied by driveways, parking areas or buildings.
2.
Building height. No principal building shall be more than two and one-half (2-1/2) stories and not in excess of thirty-five (35) feet in height. No accessory building shall be more than one (1) story and not in excess of twenty (20) feet in height.
3.
Building length. No building shall exceed two hundred (200) feet in length. A row of townhouses shall be considered as one (1) building.
F.
Construction requirements.
1.
The design layout of buildings shall provide, where possible, that the front of one (1) building does not face the back of another building or accessory building.
2.
Each building shall contain a minimum of two (2) means of egress to the ground.
3.
Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities, as well as living space and shall have a minimum livable floor area in accordance with the following:
4.
There shall be no dwelling unit below the first floor nor above the second story of any such structure.
5.
There shall be no more than sixteen (16) bedrooms per acre. A studio apartment shall be considered a one-bedroom apartment.
6.
There shall be no more than ten (10) dwelling units in each garden-type apartment building or group of duplexes.
7.
Each dwelling unit shall contain central utilities, heating and storage space.
G.
Storage areas. Required storage areas shall be centrally provided in garden and attached rental-type housing construction and individually provided within each dwelling for townhouse, duplex or other condominium-type construction.
1.
In addition to any room closets contained inside individual dwelling units, there shall be provided for each dwelling unit a minimum of three hundred (300) cubic feet of storage area in convenient, centrally located place in the basement or ground floor where personal belongings and effects of occupants may be separately stored and secured from those of other occupants without constituting a fire or health hazard.
2.
There shall be a common storage area in each building for strollers, bicycles and similar types of frequently used equipment of at least fifty (50) cubic feet per dwelling unit.
H.
Circulation and parking.
1.
Off-street parking. Parking shall be provided in conformance with the New Jersey Residential Site Improvement Standards. A total of twenty-five percent (25%) of all required parking spaces shall be in garages. Garages may be located within the principal building or separated as an accessory structure.
2.
Parking areas shall be located in the side or rear yards no less than ten (10) feet from a property line.
3.
Means of traffic ingress and egress to all parking areas shall be in accordance with § 97-123.7. For one-way traffic movements, driveway entrance-exit width shall not be less than fifteen (15) feet. For two-way traffic movements, driveway's width shall not be less than twenty-five (25) feet with a minimum two-foot wide concrete median separating opposing traffic lanes.
I.
Landscaping and screening.
1.
All housing developments shall be provided with liberal and functional professional landscaping schemes. The developer shall furnish along with the plans and specifications required under this ordinance, landscaping plans drawn by a licensed landscape designer, which shall include plans for lighting the grounds, roads, drives, walks, parking areas and building entrances to the development as well as the plantings and other landscaping intended for the development.
2.
Screening or buffers, consisting of planting strips and fences, shall be required around outdoor utility and around other similar areas, along property lines of adjacent property and around all parking areas, in order to shield apartment occupants and adjoining properties from such unsightly, disturbing or light-glaring areas. Clothes-drying areas shall not be permitted out-of-doors. Refuse disposal areas shall be completely enclosed.
J.
Utilities and facilities.
1.
Garbage and refuse storage and collection areas shall be provided with each apartment project in the appropriate numbers and locations to serve the convenience of the residents; such areas shall be screened from view but in suitable locations to permit the use of dumpsters which shall be required.
2.
Coin-operated laundry washing and drying machines shall be located in the basement of garden apartment buildings.
3.
All utilities shall be located underground.
4.
Pedestrian sidewalks shall also be provided in other suitable locations, including entrances and exits wherever normal pedestrian traffic will occur and in order to handle the pedestrian traffic which the development will create.
K.
Signs.
1.
Housing developments may have one (1) unlighted sign for advertising purposes with a gross area of not more than sixty-five (65) square feet. Such signs shall be of a temporary nature and may be located in the required front yard space, provided that such sign shall be no closer than twenty (20) feet to any street right-of-way line. Such sign may be erected during the construction period, but shall be permitted to remain for a period of one (1) year from date of occupancy of the first unit. A permanent project identification sign, architecturally consistent with the design of the dwelling unit may be erected, provided that such sign does not exceed twenty (20) square feet and which may bear only the name of the project, the street address and the presence or lack of vacant units.
2.
No other signs, other than pedestrian and vehicular directional signs, shall be visible from the premises.
§ 97-123.7 Off-street parking and loading.
All off-street parking and loading areas shall be subject to the approval of the Planning Board to ensure their adequacy, relation to traffic safety and protection of adjacent properties.
A.
Residential and agricultural off-street parking.
(1a)
Quantity. Provision shall be made for off-street parking spaces for all residential development subject to the New Jersey Residential Site Improvement Standards (RSIS). For detached dwellings, at least one residential parking space shall be in an enclosed garage, for each dwelling unit hereinafter erected. Those residential dwelling units without an enclosed garage prior to the effective date shall be considered legal, non-conforming structures.
[Amended 7-22-97 by Ord. No. 15-97]
(1b)
For mixed-use developments, the residential portion of the development shall require two spaces per dwelling unit.
(1c)
Non-residential uses permitted in residential zones or the non-residential portion of a mixed-use development shall provide the number of parking spaces required by the specific use prescribed in the parking schedule in Subsection B(1). The effective date shall be October 14, 1983.
(1d)
Any residential structure which had an enclosed garage prior to the effective date but after the effective date no longer has an enclosed garage, shall be deemed a legal, non-conforming structure if all of the following conditions are met: (i) on or before December 31, 1997, the residential lot is inspected by the zoning officer and Building Department; (ii) the inspection reveals that the residential lot has at least three usable off-street parking spaces; (iii) the payment of the appropriate fee as set forth in Chapter 48; (iv) the width of the driveway does not exceed twenty (20') feet; (v) conversion of the enclosed garage so that it cannot be used for off-street parking occurred prior to June 1, 1997; (vi) a letter is issued by the zoning officer of the Borough of Waldwick that there is compliance with § 97-59A(1b) (i-v).
(2)
Driveway. Off-street parking areas shall be so designed as to permit all vehicles to turn around on the site onto streets in order to prevent any vehicles backing out onto a public street from the site, designated as arterial or collector streets on the Master Plan. Refer to § 97-121.15 for additional standards.
(3)
Surface materials. All parking areas, passageways and driveways shall be entirely surfaced with a properly designed durable, all-weather pavement either bituminous concrete or Portland cement concrete or of pavers. Driveways in excess of one hundred (100') feet in length with grades not exceeding four percent (4%) may, in lieu of the foregoing requirements, be constructed of shale, stone or other materials as approved by the Borough Engineer.
(4)
Grades. Driveway grades shall not exceed fifteen percent (15%) at any point along the driveway's entire length. In addition, the driveway grade shall not exceed eight percent (8%) for a distance of eight (8) feet from the curbline and a vertical curve provided between said eight-percent grade and any increasing grade.
(5)
Side slopes. The side slopes of driveways shall be topsoil, seeded, fertilized and mulched to prevent erosion. If banks exceed a grade of thirty percent (30%), crown vetch or some other stabilizing material shall be planted or a retaining wall constructed based upon recommendations of the Borough Engineer.
(6)
Farmer's roadside stands. Any permit approved for the erection of a farmer's roadside stand shall hereinafter provide for parking and maneuvering space at least ten (10) feet back from the existing or, when applicable, future right-of-way line of a public street. Such roadside business establishments shall provide at least two (2) off-street parking spaces in addition to what may be required for the operator of the stand. Under no circumstances shall the parking areas and driveway be so designed as to permit vehicles to back out onto a public street.
B.
Non-residential off-street parking.
(1)
For all new buildings or uses or additions to existing buildings or uses in the non-residential zones and for non-residential buildings and uses in the residential zones, there shall be provided the number of off-street parking spaces required by the specific use in accordance with the following schedule:
[Amended 7-14-87 by Ord. No. 10-87]
Parking Schedule | |
|---|---|
Uses | Required Parking Spaces |
Assembly halls, dance halls, community buildings, social clubs and institutions | 1 for every 200 square feet of floor area |
Automobile Service stations | 2 for each gasoline service pump and 2 for each garage service bay |
Banks | 1 for every 200 square feet of floor area |
Bowling alleys | 4 for each alley |
Churches, auditoriums and theaters | 1 for every 4 seating spaces including school auditoriums |
Dwelling units within mixed-use developments | 2 per dwelling unit |
Funeral homes and mortuaries | 1 for every 4 seating spaces at maximum capacity |
Furniture and appliance stores, motor vehicle sales, wholesale stores, building material stores and similar hard good sales | 1 for each 300 square feet of floor area plus 1 for every 2 employees on the maximum shift |
Health Club/Fitness Center | 1 space per 200 square feet of floor area |
Home occupations | 1 for every 150 square feet of floor area utilized for said business |
Hospitals, nursing homes, assisted living and medical institutions | 1 for every 200 square feet of floor area |
Hotels and motels | 1 for each sleeping room |
Indoor commercial recreation facility | 1 space per 500 square feet of floor area, plus 1 space per each employee on the maximum shift |
Industrial uses | 1 for each 400 square feet of floor area |
Kennel | 1 space for each 600 square feet of floor area |
Laundromats | 1 space for every 3 washing machine |
Medical and dental clinics or offices | 1 per every 200 square feet of floor area, plus 1 space for every 2 employees, but not less than 1 space for every 200 square feet of floor area |
Offices: general and professional | 1 for every 200 square feet of floor area |
Parks and other outdoor recreation sites | 5 for each acre up to 50 acres and 1 for each acre above 50 acres |
Physical therapy clinic | 1 space per every 200 square feet of floor area |
Private preschools and private schools | Elementary schools: one (1) for each staff member or employee, plus one (1) for each twenty (20) pupils All other schools: one (1) for each staff member or employee, plus one (1) for each five (5) pupils, plus adequate space for buses and delivery vehicles. The Planning Board shall determine if adequate space for buses and delivery vehicles is provided. Further, the Planning Board may increase parking requirements, if such considerations as the unavailability of bus services, the distance from centers of population, or a relatively high percentage of pupils driving their own cars, make such increased requirements desirable. |
Public/Private Swimming Pools and Swim Clubs | 1 per each 75 square feet of water surface area, plus one space for every 200 square feet of office square footage |
Public Utilities | 1 space per vehicle required to service the facility |
Restaurants: taverns, eating and drinking places, and snack shops | 1 for every 4 seats (including maximum outdoor seating) and 1 for every two employees on the maximum shift |
Restaurants: drive-in/take-out and fast food | 1 for each 4 seats (including maximum outdoor seating) and 1 for each 150 square feet of floor area if no seats |
Retail store and service establishments | 1 for each 200 square feet of floor area |
Supermarkets and self-service food stores | 1 for each 200 square feet of floor area |
Warehouses and storage | 1 for each 400 square feet of floor area |
(2)
In using the above table for calculating required parking spaces if the number derived comes out to be a fraction of a parking space, the required number shall be rounded off to the next highest whole number.
(3)
Any building containing more than one (1) use shall meet the combined parking space requirements for all uses in the building. Any change in use within a building shall be required to meet the minimum parking requirements for the new use.
(4)
If it can be clearly demonstrated that because of the peculiar nature of any use all of the required parking is not necessary, the Planning Board may permit a reduction in the amount of parking area to be paved; provided, however, that the entire required parking area shall be shown in the site plan so that it will be available in the event that future conditions should so require it. For any parking spaces that are waived, the applicant shall be required to post a performance bond for two (2) years in the amount estimated by the Borough Engineer as the cost to construct the additionally required parking spaces.
(5)
Parking for disabled persons compliant with the standards of the Americans with Disabilities Act (ADA). In any parking lot designed to accommodate the public, a minimum number of designated parking spaces accessible to disabled persons shall be required as follows For example in a 25 space parking lot, one handicap accessible space and 24 additional spaces are required.
Total Parking Spaces in Lot | Required Number of Accessible Spaces |
|---|---|
1 to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 to 150 | 5 |
151 to 200 | 6 |
201 to 300 | 7 |
301 to 400 | 8 |
401 to 500 | 2% of total |
501 to 1,000 | 20, plus 1 for each 100 over 1,000 |
C.
General requirements for nonresidential off-street parking. Unless otherwise provided in this ordinance, all nonresidential off-street parking and loading areas shall meet the following requirements:
(1)
Aisles.
(a)
All parking areas shall be designed with service aisles from which cars directly enter or leave parking spaces to meet the following standards:
Type of Parking | Aisle Widths (feet) |
|---|---|
Parallel | 15 |
30-degree angle | 20 |
45-degree angle | 20 |
60-degree angle | 22 |
90-degree angle | 25 |
(b)
In addition, there shall be a minimum distance between the ends of parallel parking spaces of six (6) feet when found necessary to provide convenient access.
(2)
Curbing. Curbing shall be provided so that vehicles cannot drive onto required landscaped areas or street rights-of-way except at controlled entrance and exit points. Parking areas shall be enclosed by concrete or Belgian block curbing six (6) inches above the paved surface located at least five (5) feet from a property line, street right-of-way or nearest structural wall of a building. Within similar commercial districts, abutting lots may pave their adjacent parking lots up to the property line, provided that the proper access and circulation between the two (2) parking areas is provided and approved by the Planning Board. Upon recommendation of the Borough Engineer, the Planning Board may waive the curbing requirement where considered advisable in order to facilitate surface drainage.
(3)
Drainage. All parking and loading areas shall be graded and equipped with adequate drainage facilities as approved by the Borough Engineer.
(4)
Driveways.
a.
The number of driveways provided from site directly to any one (1) municipal street shall be as follows:
Length of Site Frontage (feet) | Recommended Number of Driveways |
|---|---|
100 or less | 1 |
100 to 800 | 2 |
Over 800 | Specified by Borough Engineer |
b.
No driveway to or from a parking area shall be located closer than one hundred (100) feet to the nearest right-of-way line of an intersecting street. However, any major use, such as a shopping center or industrial use, which in the opinion of the Planning Board will generate large traffic volumes shall not be located closer than two hundred (200) feet to the nearest right-of-way line of a street intersection.
c.
The width of driveway entrances to and from a site shall be designed to adequately accommodate the volume and character of the vehicles anticipated to be attracted daily onto the site. Driveways serving large volumes of traffic shall be required to utilize high to maximum dimensions, while sites served by low traffic volumes shall be permitted to use low two minimum dimensions. For one-way traffic movements driveway entrance-exit widths shall be from twenty (20) feet to thirty (30) feet. For two-way traffic movements driveway widths shall range from twenty-five (25) feet up to forty-fix (46) feet.
d.
Driveways used by vehicles in a one-way direction of travel shall not form any angle smaller than forty-five degrees (45º) with the public street, unless acceleration and deceleration lanes are provided. Driveways used for two-way traffic movements will intersect the public streets at an angle as near to ninety degrees (90º) as the site conditions will permit and in no case shall be less than sixty degrees (60º).
(5)
Fire zones. Parking areas shall be so arranged as to provide adequate access to all buildings in case of fire or other emergencies. No parking shall be allowed within thirty (30) feet of the outer walls of the structure or within such other adequate distances as the Planning Board in consultation with the Borough Fire Officials may approve. The owner of the site shall post adequate signs and provide pavement marking, approved by the Planning Board, prohibiting parking in areas designated as fire zones.
(6)
Interior traffic islands. All parking areas for thirty (30) or more vehicles shall contain grassed or landscaped island areas of at least eight (8) feet in width separating rows of proposed head-on parking spaces. Such interior traffic islands shall be spread throughout the parking area to control traffic movement in accordance with a site plan approved by the Planning Board. Interior traffic islands shall occupy a minimum of ten percent (10%) of the area, formed by the outer perimeter of the paved parking lot. Interior traffic islands shall be landscaped and contain shade trees as required under Subsection C(7).
(7)
Landscaping. All portions of the property not used for off-street parking shall be attractively landscaped with grass lawns, trees and shrubs as approved by the Planning Board. Off-street parking areas providing parking for twenty (20) or more vehicles shall be provided with shade trees of a type approved by the Borough Engineer. These shade trees shall be located in a planned manner with the parking lot area in a quantity equal to not less than one (1) shade tree for each two thousand (2,000) square feet of parking area or part thereof. Provisions shall be made for the protection of said trees from vehicles by curbing or other acceptable methods. The property owner shall be responsible for the maintenance of said shade trees and the replacement of any tree which dies.
(8)
Lighting. All parking areas, passageways and driveways serving commercial, industrial and multifamily uses shall provide an average lighting level of two-tenths (0.2) horizontal footcandles of illumination during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by commercial and industrial uses to protect adjacent residential zones from the glare from such illumination and from that of automobile headlights.
(9)
Location of parking. Parking areas may be located in any yard space for commercial uses and in any yard but the front yard for other uses, but shall not be closer than five (5) feet to any street or property line.
(10)
Pavement markings. All parking and loading spaces shall be appropriately marked with painted lines. Parking spaces shall be delineated by hairpin or double-line markings. Parking stalls delineated by hairpin markings shall be measured from the centerline of each side to determine width. Traffic flow indicators shall also be marked on the pavement as specified in the approved site plan. All pavement markings shall be adequately maintained.
(11)
Screening. All off-street parking areas shall be effectively screened on any side which adjoins or faces any residential use or zone, by a fence, wall or landscaped buffer area. Commercial areas shall be required to be screened from a residential use or zone by a fence for the purpose of protecting the residential property from litter, debris, light and glare and other such nuisances that would disturb peaceful possession. A fence or wall six (6) feet in height, containing no advertising, shall be maintained in good condition by the owner and tenant of the property. Fencing used shall be of closed post picket solid fence containing no more than twenty-five percent (25%) open space. The Planning Board may substitute a hedge or other natural landscaping for the required fence or wall. The fence as required by this section may be waived by the Planning Board if, in the Board's judgment, because of topographic or other unusual conditions, said fence is not necessary to screen adjoining residential property. Where parking is located in the front yard, the Planning Board may require construction of a landscaped berm up to a height of five (5) feet with slopes at a ratio of not less than two to one (2:1).
(12)
Setbacks. Off-street parking areas shall be separated from the street right-of-way or other property lines by a minimum setback of five (5) feet to prevent any part of a vehicle from overhanging street or property lines.
(13)
Sight distance. Wherever possible, driveway exits onto public streets shall be so designed with regard to profile, grading and location to permit the following recommended sight distance measured in each direction at the edge of pavement along the public street.
Allowable Speed on Municipal Street (miles per hour) | Required Sight Distance (feet) |
|---|---|
25 | 150 |
30 | 200 |
35 | 250 |
40 | 300 |
45 | 350 |
50 | 400 |
(14)
Size. Each off-street parking space shall be measured not less than nine by eighteen (9 x 18) feet, exclusive of access drives and aisles, except that parallel curb parking spaces shall be ten by twenty-three (10 x 23) feet.
(15)
Surface material. All parking areas, passageways and driveways shall be surfaced with a properly designed impervious durable concrete all-weather pavement either bituminous concrete or portland cement concrete.
D.
Shared parking. Any owner or group of owners of a business building or buildings in a commercial district may jointly sponsor off-street parking facilities, provided that the area of the parking facility equals the total area required for each owner participating therein, that such jointly sponsored facilities comply with all other requirements of this ordinance and further provided that any participating use is no further from the parking area than three hundred (300) feet.
E.
Off-street loading space.
1.
Number of loading spaces. In all districts, for every building or use requiring the receipt or distribution in vehicles of materials or merchandise, there shall be provided, on the same property with such building or use, off-street loading spaces in relation to floor area as follows:
Floor area (square feet) | Number of spaces |
|---|---|
Under 10,000 | 1 |
10,000 to 19,999 | 2 |
20,000 to 49,999 | 3 |
50,000 to 99,999 | 4 |
Each additional 100,000 or part thereof | 1 |
2.
Size of loading space. Each loading space shall be at least twelve (12) feet in width, by forty (40) feet in length and have a fourteen-foot clearance above the grade; provided, however, that the Planning Board may require additional length of up to fifty-five (55) feet depending upon the length of vehicles using said space.
3.
Location. Off-street loading spaces shall be located in the side or rear yard only, but in no case in a side yard adjoining a street.
4.
Whenever an off-street loading and unloading space shall be located next to a residential use or zone, the loading and unloading space shall be suitably screened and buffered in accordance with Subsection C(11).
5.
Surface material. Off-street loading and unloading spaces shall be surfaced with a dustless, all-weather pavement, of either bituminous concrete or portland cement concrete, which shall be adequately drained and designed and clearly marked as loading spaces, all subject to the approval of the Borough Engineer.
6.
Access. Access to loading spaces shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and will permit orderly and safe movement of truck vehicles.
7.
Loading spaces shall be provided in addition to off-street parking spaces and shall not be considered as supplying off-street parking space.
F.
Electric vehicle supply/service equipment and make-ready parking spaces.
[Added 4-12-2022 by Ord. No. 2022-07]
1.
Purpose. The purpose of this subsection is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the State's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and storm water runoff contaminants. The goals are to:
a.
Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.
b.
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
c.
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
d.
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
2. CERTIFICATE OF OCCUPANCY CHARGING LEVELa. b. c. ELECTRIC VEHICLE ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE) MAKE-READY PARKING SPACE PRIVATE EVSE PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen (15) to twenty (20) amp breaker on a one hundred twenty (120) volt AC circuit.
Level 2 operates on a forty (40) to one hundred (100) amp breaker on a two hundred eight (208) or two hundred forty (240) volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty (60) amp or higher breaker on a four hundred eighty (480) volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. EVSE may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. "Make-ready" includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a plug and play basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et al.).
EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).
EVSE that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).
3.
Approvals and permits.
a.
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
c.
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
d.
The zoning officer and/or Code Enforcement Officer shall enforce all signage and installation requirements described in this subsection. Failure to meet the requirements in this ordinance shall be subject to the same enforcement and penalty provisions as other violations of the Borough of Waldwick's land use regulations.
e.
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(1)
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(2)
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(3)
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
f.
An application pursuant to Subsection F3e above shall be deemed complete if:
(1)
The application, including the permit fee and all necessary documentation, is determined to be complete;
(2)
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(3)
A one-time written correction notice is not issued by the zoning officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
g.
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
h.
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
4.
Requirements for new installation of EVSE and make-ready parking spaces.
a.
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(1)
Prepare as make-ready parking spaces at least 15 percent of the required off-street parking spaces, and install EVSE in at least one-third of the 15 percent of make-ready parking spaces;
(2)
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15 percent of make-ready parking spaces; and
(3)
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15 percent of make-ready parking spaces.
(4)
Throughout the installation of EVSE in the make-ready parking spaces, at least five percent of the electric vehicle supply equipment shall be accessible for people with disabilities.
(5)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
b.
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection F4a above shall:
(1)
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
(2)
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
(3)
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
(4)
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(5)
Install at least four percent of the total parking spaces as make-ready parking spaces, at least five percent of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(6)
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(7)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(8)
Notwithstanding the provisions of this subsection, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
5.
Minimum parking requirements.
a.
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 97-123.7.
b.
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10 percent of the total required parking.
c.
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
6.
Reasonable standards for all new EVSE and make-ready parking spaces.
a.
Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
b.
Installation:
(1)
Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(2)
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than 9 feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(3)
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(4)
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
c.
EVSE parking:
(1)
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
(2)
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(3)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this subsection to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code or § 91-4. Signage indicating the penalties for violations shall comply with Subsection F6e below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(4)
Private parking. The use of EVSE shall be monitored by the property owner or designee.
d.
Safety.
(1)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F6e below.
(2)
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with Borough of Waldwick's ordinances and regulations.
(3)
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be 3 to 4 feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(4)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F6d(5) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(5)
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(6)
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(7)
Publicly accessible EVSE shall be maintained in all respects, including the functioning of the equipment. A 24-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Borough of Waldwick shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
e.
Signs.
(1)
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(2)
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(3)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F6e(2) above.
(4)
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
f.
Usage fees.
(1)
For publicly accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be specified in Chapter 48, Fees, for each hour that the electric vehicle is connected to the EVSE.
(2)
Private EVSE: Nothing in this subsection shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.
§ 97-123.8 Performance standards.
As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Planning Board or to its designated representative, that the proposed use, structure, process or equipment will conform fully with all of the applicable performance standards. As evidence of compliance the Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The Planning Board may require that specific operating procedures or methods be followed or that specific types of equipment, machinery or devices be installed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to ensure compliance with the applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes.
A.
Preservation of natural features. No structure shall be built within any drainage or conservation easement or, in their absence, within one hundred (100) feet of the top of the bank of a stream. No building shall be constructed within the floodplain of any stream or on land subject to periodic overflow or on land which has an average water table within two (2) feet of the ground surface. No persons, firms or corporation shall strip, excavate or otherwise remove soil for sale or other use than on the premises from which it was taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, or except as hereinafter specified or pursuant to the terms of Article X, Soil Movement. Existing natural features such as trees, brooks and drainage channels shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required wherever possible at the discretion of the Planning Board.
B.
Noise.
1.
Noise produced within any structure in any zone shall not be in excess of the standards set by the Department of Labor, Occupational Safety and Health Administration, Occupational Safety and Health Standards and applicable established federal standards.
2.
Any noise produced on any premises in any zone shall not be in excess of 55 decibels from any property line, unless otherwise indicated in this ordinance, and shall comply with Chapter 62, the Borough Noise Ordinance.
3.
If the noise is not smooth and continuous but is of an impulsive or periodic character, the decibel levels indicated above shall be reduced by fifteen percent (15%).
C.
Air pollution. All standards and provisions of the New Jersey State Department of Environmental Protection Air Pollution Control Code, as amended or supplemented, shall be complied with.
1.
Smoke. In any nonresidential zone, smoke shall not be emitted into the open air from any fuel-burning equipment in excess of the standards set by the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code, Ch 4, Control and Prohibition of Air Pollution by Smoke, as amended or supplemented.
2.
Solid particles.
a.
In any zone there shall be no discharge of solid particles through a stack, duct or vent in excess of the standards set by the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code Chptr 7 Control and Prohibition of Solid Particles, as amended or supplemented.
b.
No open burning shall be permitted in any zone, except in compliance with the New Jersey State Department of Environmental Protection Air Pollution Control Code, Ch 2, Control and Prohibition of Open Burning, as amended or supplemented.
c.
All incinerators shall be approved by the New Jersey Department of Environmental Protection and comply with all standards and provisions of the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code, Ch 11, Control and Prohibition of Air Pollution From Incinerators, as amended or supplemented.
d.
Any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficiently to minimize the generation of dust from the movement of such vehicles or equipment.
D.
Odors. In any zone, odorous material shall not be emitted into the atmosphere in quantities sufficient to be detected without instruments or in excess of the standards and provisions set by the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code, Ch 6, Prohibition of Air Pollution, as amended or supplemented. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained. Table 1, Odor Thresholds in Air, in Part 1, Odor Thresholds for 53 Commercial Chemicals, of Research on Chemical Odors, copyrighted October, 1968, by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.
E.
Liquid waste.
1.
No liquid waste shall be discharged, directly or indirectly, into any watercourse except as to conform to federal, state and local statutes, laws and rules and regulations, as amended or supplemented. If the applicant proposes to construct facilities for the treatment of waste, he/she shall supply:
2.
No liquid waste shall be discharged into any sewage collection and disposal system unless the appropriate administering officials shall first have investigated the character and volume of such waste and shall have certified that the system is adequate to receive the liquid waste. The applicant shall comply with any requirements of said officials including the pretreating of such wastes, the installation of processing methods, separation or screening of waste, control of pH and other methods of improving such wastes prior to discharge, as a condition of approval of such facilities.
F.
Solid waste. All users in the Borough shall:
1.
Assume full responsibility for adequate and regular collection and removal of all refuse except if the municipality assumes the responsibility.
2.
Comply with all applicable provisions of the New Jersey State Department of Environmental Protection Air Pollution Control Code, as amended or supplemented.
3.
Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, and standards and provisions of the Borough of Waldwick Board of Health codes.
4.
Permit no accumulation on the property of any waste, trash or garbage except in areas designated for temporary accumulation of such material prior to disposal. Any such areas shall be appropriately designed and adequately fenced and screened with suitable landscaping when required by the Planning Board.
5.
Not engage in any sanitary landfill operation on the property except as permitted by other Borough codes and ordinances.
G.
Radiation. All uses of materials, equipment or facilities which are or may be sources of radiation shall comply with all controls, standards and requirements of the Atomic Energy Act of 1954, as amended, and any codes, rules or regulations promulgated under such act, as well as the Radiation Protection Act, P.L. 1958, c. 116, as amended(See N.J.S.A. 26:2D-1 et seq.), whichever shall be more stringent, and also all provisions and standards of the Occupational Safety and Health Act of 1971 as applicable at any time, and as amended from time to time.
H.
Fire and explosion hazards. If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Planning Board may require the applicant to supply proof:
1.
Of approval of the use, structure, process or resulting product or material from the State Department of Labor and Industry indicating that adequate safeguards against fire and explosion have been taken or installed.
2.
Of approval from the appropriate Borough Fire Prevention Officer that the applicant has complied with all applicable Borough fire prevention regulations.
3.
That no activity shall be maintained on the premises which will produce heat or glare beyond any property line.
4.
That no machinery or operation shall be permitted which shall cause perceptible earth-shaking vibration beyond the property line of the lot on which the use is located.
§ 97-123.9 Signs.
No sign shall be constructed, erected, displayed, altered, relocated or reconstructed unless a permit shall have first been obtained from the Building Inspector.
A. ABANDONED SIGN ANIMATED SIGN AWNING AWNING SIGN BACKGROUND AREA OF SIGN BACK-LIT AWNING BANNER BILLBOARD CANOPY (ATTACHED) CANOPY (FREESTANDING) CANOPY SIGN CHANGEABLE SIGN1. 2. COPY COPY AREA OF SIGN DIRECTIONAL SIGN DOUBLE-FACED SIGN EXTERIOR SIGN FACADE GROUND SIGN ILLUMINATED SIGN INTERIOR SIGN MANSARD OFF-PREMISE SIGN ON-PREMISE SIGN PARAPET POLE SIGN (also known as "Ground Sign") POLITICAL SIGN PROJECTING SIGN REVOLVING SIGN ROOF LINE SANDWICH BOARD SIGN SIGN SIGN STRUCTURE TEMPORARY SIGN TEMPORARY REAL ESTATE SIGN UNDER CANOPY SIGN V SIGN WALL OR FASCIA SIGN WINDOW SIGN
Definitions.
A sign that no longer identifies or advertises a location, product, or activity conducted on the premises on which the sign is located.
A sign employing actual motion or the illusion of motion. Animated signs can be activated by environmental factors such as wind or thermal changes, mechanically activated by motors, or electrically activated through flashing or patterned illusionary movement.
An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non rigid materials and/or fabric on a supporting framework that may be either permanent or retractable.
A sign displayed on or attached flat against the surface or surfaces of an awning. See also: Wall or Fascia Sign.
The entire area of a sign on which copy and/or graphics could be placed.
An awning whose covering material exhibits the characteristic of luminosity obtained by means of a source of illumination contained within its framework.
A flexible substrate on which copy or graphics may be displayed.
A sign or portion of any structure upon which lettering or pictorial matter is displayed for advertising purposes, which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally upon such lot.
A multi-sided structure or architectural projection supported by attachment to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points.
A multi-sided structure supported by columns.
A sign affixed to the visible surface(s) of an attached or freestanding canopy. Canopy signs may not be internally or externally illuminated.
A sign with the capability of content change by means of manual or remote input. Includes the following types:
MANUALLY ACTIVATEDChangeable sign whose message copy or content can be changed manually on a display surface.
ELECTRICALLY ACTIVATEDChangeable sign, such as a light-emitting diode (LED) electronic message board or digital display, whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display.
The graphic content or message of a sign.
The actual area of the sign copy as applied to any background. Copy area on any individual background may be expressed as the sum of the geometrically computed area(s) encompassing separate individual letters, words, or graphic elements on that background.
Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
A sign with two faces, commonly back to back.
Any sign placed outside a building.
That portion of any exterior elevation of a building extending vertically from grade to the top of the parapet wall or eaves and horizontally across the entire width of the building elevation.
Any sign supported by one (1) or two (2) uprights or braces upon the ground and not attached to any building shall be considered a ground sign.
A sign characterized by the use of artificial light, either projecting through its surface(s) (Internally illuminated); or reflecting off its surface(s) (Externally Illuminated).
Any sign placed within a building, but not including Window Signs as defined by this ordinance. Interior signs, with the exception of Window signs as defined, are not regulated by this ordinance.
A roof-like facade comparable to an exterior building wall.
A sign whose message content may not necessarily bear any relationship to the activities conducted on the premises on which it is located, or to the expression of commercial or non-commercial speech by the owner or bona fide user of the premises on which it is located.
A sign whose message content bears a direct relationship to the activities conducted on the premises on which it is located, or to the expression of any commercial or non-commercial speech by the owner or bona fide user of the premises on which it is located.
The extension of a building facade above the line of the structural roof.
A sign principally supported by one or more columns, poles or braces placed in or upon the ground. Pole signs shall advertise only the permitted use, products or services conducted on the premises.
A temporary sign intended to advance a political statement, cause, or candidate for office.
A sign other than an Wall sign that is attached to or projects more than four (4) feet from a building face or wall or from a structure whose primary purpose is other than the support of a sign.
A sign that revolves three hundred and sixty (360) degrees about an axis. See also: Animated sign.
The uppermost line of the roof of a building or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.
An "A-frame" shaped sign that identifies or advertises a place of business and that consists of two sign boards that are hinged together at the top.
Any device, visible structure or object for visual for visual communication that is used for the purpose of bringing the subject to the attention of others, but not including any flag or insignia of any public, civic, charitable or religious groups.
Any structure designed for the support of a sign.
A sign intended to display either commercial or non-commercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to building or sign structure that is permanently embedded in the ground, are considered temporary signs.
A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.
A sign attached to the underside of a canopy or marquee.
A sign containing two faces of equal size, positioned at an interior angle subtending less than one hundred seventy-nine degrees (179) at the point of juncture of the individual faces.
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than eighteen (18) inches from the building or structure wall. Also includes signs affixed to architectural projections that project from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. They shall advertise only the permitted use, products or services on the premises on which they are displayed.
A sign affixed to the surface of a window with its message intended to be visible to the exterior environment.
B.
General Provisions. The following regulations apply to all permitted signs.
1.
Any sign hereafter erected or maintained shall conform to the provisions of this ordinance and the provisions of the Municipal Building Code and of any other ordinance or regulations of the municipality.
2.
No sign shall be constructed, erected, displayed, altered, relocated or reconstructed unless a permit shall have first been obtained from the Building Inspector.
3.
No sign other than an official traffic sign or similar sign shall be erected within the lines of any street or public way unless specifically authorized by other ordinances or regulations of the municipality or by specific authorization of the municipal authorities.
4.
No sign or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape or color may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.
5.
If a premise contains walls facing more than street or other property usages, the sign area(s) for each building wall will be computed separately for each building wall facing a different street. The sign area(s) thus calculated may then be applied to permitted signs placed on each separate wall.
6.
Every sign permitted by this ordinance must be kept in good condition and repair. When any sign become insecure, in danger of falling, or is otherwise deemed unsafe by the Municipal Building Sub-Code Official responsible for the maintenance of public safety, or if any sign shall be unlawfully installed, erected, or maintained in violation of any of the provisions of this ordinance, the owner thereof or the person or firm using same shall, upon written notice by the Building Sub-Code Official forthwith in the case of immediate danger and in any case within not more than ten (10) days, make such sign conform to the provisions of this ordinance, or shall remove it. If within ten (10) days, the order is not complied with, the Building Sub-Code Official may remove or cause such sign to be removed at the expense of the owner and/or the user of the sign.
7.
Any sign that no longer advertises or identifies a use conducted on the property on which said sign is erected must be removed within ten (10) days after written notification from the Municipal Building Sub-Code Official; and upon failure to comply with such notice, the Building Sub-Code Official is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building, structure, or ground on which the sign is located.
8.
Illumination.
a.
No sign shall be illuminated except as provided herein.
b.
All light shall be shielded to the greatest extent possible to minimize glare from the street or adjoining property. Light levels off site from sign lights shall be less than 0.1 footcandles.
c.
Flashing signs, highly reflective glass or fluorescent paint and illuminated tubing outlining roofs, doors, windows or wall edges of a building are prohibited.
e.
Any permitted sign may be illuminated 1/2 hour before and after closing. No sign within 150 feet of any residential zone shall be illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless the business is open during these hours or permitted to operate signage by resolution of approval.
f.
The Borough of Waldwick encourages illumination of signs from external sources, provided glare is minimized. Floodlights used for illumination of any sign, whether or not such floodlights are attached to or separate from the building, shall not project above the height of the highest elevation of the illuminated wall of the building. Wherever it is impractical to provide such a source of illumination, and only as specifically permitted by this chapter, internally illuminated signs may be permitted. Light sources from internally illuminated signs shall not be visible from outside the sign, and the light from the light source shall be diffused to eliminate hot spots. Light sources shall be protected from damage. Light levels at property lines shall be less than 0.1 footcandles.
9.
The area of a sign is to be calculated as follows:
a.
Computation of area of individual signs. The area of a sign face shall be computed by measuring the total area of the space utilized for sign purposes including the spaces between all letters, figures, numbers, images or symbols. Where a sign frame and any material or color forming an integral part of the background of the sign display is used as a backdrop against the structure in which it is placed, sign area shall be measured to the extreme limits of the sign frame or backdrop. Sign area shall also include the ground structure or any decoration which is an integral part of the sign, but excluding supports.
b.
Computation of area of multifaced signs. The sign area for any double faced sign shall be computed based on one face only, except in the case of a double faced sign with unequal sides, in which the area of the larger side shall be used to determine sign area.
10.
Any sign legally existing at the time of the passage of this ordinance that does not conform in use, location, height, or size with the regulations of the zone in which such sign is located shall be considered a protected nonconforming use and may continue in such status until such time as it is either abandoned or removed by its owner.
C.
General Prohibitions. The following types and uses of signs are prohibited in all districts for all temporary or permanent signs.
1.
Any new sign erected in violation of any section of this chapter. Any sign not specifically permitted is hereby prohibited.
2.
No flashing, moving, rotating or apparent motion signs or lights, including searchlights. Barber poles are permitted.
3.
No signs with more than two (2) display faces are allowed.
4.
No sign as permitted shall extend or project above the highest elevation of the wall to which it is attached, nor shall any sign be erected on or attached to the roof of a building.
5.
No sign shall be painted on or affixed to water towers, storage tanks, smoke stacks or similar structures.
6.
Signs emitting a sound, odor or visible matter such as smoke or vapor.
7.
No sign erected shall contain audio equipment.
8.
No billboard or billboard sign shall be permitted.
9.
Off-premises signs advertising an article or product not manufactured, assembled, processed, repaired, serviced or sold upon the premises are prohibited in all districts.
10.
Projecting signs are prohibited other than as specified for On-Premises Signs Permitted in Non-Residential Zones
11.
Pole signs, except as otherwise provided for in this chapter.
12.
Exterior use of advertising devices such as banners, streamers, pennants, flags, and balloons, lights (whether flashing, flickering, blinking, or rotating), wind-operated devices and any other type of fluttering or flashing devices or emitting an unsteady or glaring light. This regulation should not be considered to restrict the erection of a non-advertising flag or flagpole on a lot occupied by a residential dwelling.
13.
Signs placed or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as permanent lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer.
14.
Paper posters and painted signs applied directly to a tree, rock or natural feature of any kind or to a wall of a building, fence or pole or other support.
15.
Signs painted or otherwise affixed on the inside or outside of automobile windows except for pricing information associated with the sale of new and used cars and only when such vehicles are located on the premises of an establishment which has been approved for such use.
16.
Portable or movable signs, except temporary sandwich board signs as permitted by this chapter.
17.
Neon signs of any kind, whether located on the exterior or interior of a wall or window if visible from the street upon which the premises fronts.
18.
Signs erected or painted or composed of day-glow or phosphorescent or similar material.
19.
Signs on parking lot light standards not relating to traffic control.
20.
Signs within the public street right-of-way (other than public notices and temporary political signs and unless otherwise allowed in this chapter).
21.
Signs that are in such a state of disrepair as to constitute an immediate threat to the public health, welfare and safety.
22.
Business signs for businesses which are discontinued for a period in excess of 30 days.
23.
Signs or other advertising structures, as regulated by this chapter, erected at the intersection of any streets in such a manner as to obstruct free and clear vision, or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, cause optical illusion or be confused with any authorized traffic sign, signal or device, or which makes use of words, phrases, symbols, or characters in such manner as to interfere with, mislead or confuse traffic.
24.
Any sign not in compliance with the Borough Building or Electrical Codes, as amended, as to design, structural members and connections.
25.
Any sign located or displayed upon any sidewalk or street or area between the sidewalk and curb or projecting on or over a sidewalk or street except as provided in this chapter.
26.
Hand-lettered interior window signs.
27.
Exhibiting statements, words, pictures or images of an obscene or pornographic nature.
28.
Signs attached to, projecting from or hanging underneath a building eave.
29.
Any manually activated or electronically activated changeable copy sign (including a light-emitting diode (LED) electronic message center sign or digital display), used to temporarily display time and weather, and/or other information. Automotive service stations are permitted a manually activated changeable copy sign to display prices. Changeable copy signs within automotive service stations are limited to pricing, and shall not include copy pertaining to the business, occupation, or tenant advertised or identified.
D.
Permits.
1.
Unless specifically exempted, a permit must be obtained from the Building Sub-Code Official for the erection of all signs erected in the municipality. No new sign shall hereafter be erected, constructed except as herein provided and until after a permit, if required, has been issued by the Building Sub-Code Official. Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign from responsibility for its erection and maintenance in a safe manner and in a manner in accord with all the other provisions of this ordinance.
2.
Before any permit is granted for the erection of a sign or sign structure requiring such permit, plans and specifications shall be filed with the Building Sub-Code Official. All sign permit applications shall include sign dimensions (height, size, sign area), colors, materials, illumination and required details of construction including loads, stresses, anchorage, and any other pertinent data. A scaled facade elevation plan that indicates the placement and location of signage shall be provided for all proposed wall signage or signage attached to a structure. A scaled site plan shall be submitted for all proposed pole and ground signage indicating sign location and setbacks from existing property lines and road right-of-way. The permit application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected.
3.
No sign shall be enlarged or relocated except in conformity to the provisions herein, nor until a proper permit, if required, has been secured. The changing of movable parts or components of an approved sign that is designed for such changes, or the changing of copy, display and/or graphic matter, or the content of any sign or sign structure shall not be deemed an alteration.
E.
Exempt Signs. The following signs are exempt from the requirements of securing a permit:
1.
Municipal, County or State traffic or directional signs located within the right-of-way of a public street.
2.
A memorial sign or tablet, which indicates the name of the building and/or its date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials.
3.
Real estate offering signs, "for sale", or "to let", erected by the owner of the property, not to exceed two (2) square feet in area, which do not advertise an agent or agency.
4.
Temporary Political Signs.
5.
Garage and Yard Sale Signs shall be governed by Ordinance 96-6.
6.
Public safety or public notice signs which are required by provision of the law or other ordinance.
7.
Directional and informational signs for nonresidential uses, provided the area of such sign is not more than three square feet, and provided the number of such signs on site is limited to that which is reasonably necessary and appropriate for safety, circulation, information or other noncommercial purposes. Such directional or informational signs shall not contain advertising, logo, symbols, business identification or other nondirectional copy.
8.
Signs for official governmental or quasi-governmental business, including temporary signs or banners advertising public or quasi-public events that are posted or displayed with the permission of the governing body or its designee(s).
F.
Regulation by Zone.
1.
On-Premise Signs Permitted In All Zones. In addition to any signs designated as permissible in the General Provisions and/or in any other sections of this ordinance, the following signs and/or sign types are permitted in all zones:
A.
Temporary Real Estate signs as defined herein, provided that the area of such signs shall not exceed the following limitations by zone:
ii.
All other zones except Industrial: eight (8) square feet.
iii.
Industrial: eight (8) square feet.
And further provided that not more than one (1) such sign shall be placed on property held in single and separate ownership unless such property fronts on more than one street, in which case one such sign shall be permitted on each separate street frontage. All such signs shall be permitted only during the time in which the property advertised is available for sale, lease or rental, and must be removed within 48 hours after execution of an agreement of sale, lease or rental. This includes the posting of such property as sold, leased or rented.
B.
Trespassing signs, signs indicating the private nature of a road, driveway or premises, provided that the area of any such sign shall not exceed one (1) square foot.
C.
Temporary signs erected in connection with the development or proposed development of the premises or property provided that the area of any such sign shall not exceed nine (9) square feet per each ten thousand (10,000) square feet of lot area in the subject development, or thirty two (32) square feet, whichever is smaller. Not more than one (1) such sign shall be placed on property held in single and separate ownership unless the property fronts on more than one (1) street, in which case one (1) such sign shall be permitted on each separate street frontage. Such signs shall be removed within ten (10) days after the development has been completed and/or the last structure occupied.
D.
Temporary Political signs as defined herein provided that the area of any such signs shall not exceed six (6) square feet and that not more than two (2) such signs shall be displayed on any single privately owned premises or property, unless such premises or property fronts on more than one street in which case two (2) such signs shall be permitted on each separate street frontage. If used for the purpose of advertising political parties and/or candidates for election or issues subject to referendum, such signs shall be allowed for a period not to exceed forty-five (45) days prior to such election or referendum, and shall be removed within five (5) days following such election or referendum. If the person(s) responsible for the sign has not removed it within five (5) days the local municipal chairman of the political party affiliated with the sign shall be ordered to remove it.
[Amended 3-25-08 by Ord. No. 5-08]
2.
On-Premise Signs Permitted In Residential Zones. In all residential zones only the following signs shall be permitted, provided that no sign area limitation is exceeded:
A.
Nameplate and professional signs. A professional sign or nameplate sign, indicating the name and/or address of the occupant, shall not be larger than one (1) square foot. If illuminated, the direct source of the light shall be shielded in such a manner that it is not visible from the street or any adjoining residential property, unless lit by porch light or lamppost light. A permitted home occupation may be included with the name of the occupant and occupation. Only one (1) sign per dwelling unit is permitted.
B.
Temporary signs of contractors or artisans displayed during the period such contractors or artisans are performing work on the premises on which such signs are displayed, provided that the area of any such sign shall not exceed twelve (12) square feet. Such signs shall be limited to one (1) sign per contractor or artisan, and shall be removed immediately upon completion of the work of the contractor or artisan.
C.
Subdivision identification signs, and/or signs identifying apartment or condominium complexes, provided that the area of any such sign shall not exceed sixty-four (64) square feet, and further provided that one (1) such sign shall be permitted for each separate street and/or separate building frontage occupied by the subdivision, apartment, or condominium complex and/or for each means of entrance to or exit from the subdivision, apartment or condominium complex.
D.
Permitted on-premises signs for institutional uses within residential zones. One (1) sign identifying permitted institutions such as schools, colleges, churches, nursing, assisted living facilities or other institutions of a similar public or semipublic nature may erect and maintain ground signs provided that:
i.
The height of such sign does not exceed 6 feet from grade to the highest point of the sign.
ii.
The sign face does not exceed a height of three feet above the surrounding grade base of the sign
iii.
No sign shall be located no closer than 10 feet to any property line and 25 feet from any residential land use.
iv.
The size of such signs is not in excess of sixteen (16) square feet.
v.
If such signs are illuminated, the direct source of light shall be shielded in such a manner as not to be visible from the street or any adjoining residential property.
3.
General Regulations — On-Premise Signs In Residential Zones.
a.
Animated, Changeable or Revolving signs are prohibited.
b.
Billboard and Projecting signs are prohibited.
c.
Setback — None of the signs permitted in the residential zones shall be erected within fifteen (15) feet of any street right-of-way line, provided that a nameplate sign not more than one (1) square foot in area as regulated above may be placed anywhere in the front yard.
4.
On-Premises Signs Permitted in Non-Residential Zones. In non-residential zones only the following signs shall be permitted: Only one (1) wall or projecting sign per tenancy and either (1) ground sign for the property shall be permitted, except for uses in which this section dictates specific sign regulations per use. No sign shall be permitted which is not accessory to the business conducted on the property and then only if the following requirements are complied with:
A.
All signs shall be limited to a maximum of four (4) colors (including black and white). Garish, fluorescent and day-glow colors are prohibited.
B.
Ground signs. One (1) ground sign is permitted per parcel in the C-1, C-2 and C-3, C-AH, and I Zones, except for uses in which this section dictates specific sign regulations per use. Said signs shall be subject to the following conditions:
1.
Said sign shall be located in the front yard no closer than (5) feet from the front property line and ten (10) feet from any other property line, except that no ground sign shall be less than 25 feet from a residential land use.
2.
The area of said sign shall not exceed twenty-four (24) square feet.
3.
The height of the sign structure, including its supporting members, shall not exceed six (6) feet.
4.
The bottom of the sign display area shall not exceed three (3) feet above grade at the base of the sign.
5.
The maximum width of the sign, including its supporting structure, shall not exceed six (6) feet.
6.
No ground sign shall be placed upon a lot so as to cause a visual hazard for vehicular traffic. When necessary the Building Sub-Code Official shall consult an opinion for the Chief of the Police Department.
7.
A directory ground sign identifying two or more businesses located in a single office, mixed-use, industrial or other similarly utilized building is permitted and subject to the requirements of this section.
C.
Wall signs are permitted for uses in all non-residential zones, except where the requirements of this section provide sign regulations for specific uses. One (1) wall shall be permitted for every parcel or lot fronting on a public street. For parcels or lots that front on more than one street, one (1) such sign shall be permitted for each separate street frontage. Wall signs shall be subject to the following conditions:
1.
No sign shall extend further than ten (10) inches from the face of the building upon which it is attached. Where a sign extends more than three (3) inches from the face of a wall, the bottom of said sign shall not be closer than ten (10) feet to the ground level below said sign.
2.
The maximum height of any sign shall not exceed six (6) feet or twenty five percent (25%) of the height of the wall of the establishment to which it is attached, whichever is the lesser.
3.
The maximum width of any sign shall not exceed twenty (20) feet or ninety (90%) percent of the width of the wall of the establishment to which it is attached, whichever is the lesser.
4.
The maximum area of any sign shall not exceed thirty-two (32) square feet. In those cases where a parcel or lot has more than one street frontage, the maximum sign area for additional permitted wall signage shall not exceed 24 square feet.
5.
In the case of a shopping center, group of stores, multi-tenant building, or other business uses on a lot held in single and separate ownership, the provisions of this section relating to the total area of signs permitted on a premises shall apply with respect to each building, separate store, or facade of each individual leasing unit.
6.
Each building or property may have one (1) additional wall sign for tenant(s) in a single or multi-tenant building located above an entrance that faces customer parking areas or pedestrian walkways not visible from either a public or private street. Said sign is not to exceed sixteen (16) square feet.
7.
No wall signage is permitted above the first floor of any commercial building, except where permitted elsewhere in this chapter.
D.
Projecting signs. Projecting signs are permitted for all uses in all non-residential zones, and limited to one (1) such sign per establishment. A business establishment shall not erect both a projecting sign and a wall sign. Projecting signs shall be subject to the following conditions:
1.
Said sign shall project at right angles to the structure.
2.
The area of said sign shall not exceed eight (8) square feet.
3.
The bottom of said sign shall not be closer than eight (8) feet to the sidewalk and shall not project more than four (4) feet from the structure.
4.
All such signs from a series of stores should have the same area and proportional dimensions.
E.
Automotive service station signs. In addition to signage permitted within this section, automotive service stations may display the following signs:
1.
Directional signs or lettering displays on the building walls over individual entrance doors or bays consisting only of the words "washing", "lubrication", "repairs", "mechanic on duty" or other words closely similar in importance, provided that there shall be no more than one (1) such sign over each bay or entrance, the letters thereof shall not exceed twelve (12) inches in height and that such letters shall be limited to a single line.
2.
Customary lettering on, or other insignia which are a structural part of, a gasoline pump consisting only of the brand name of gasoline sold, lead warning signs, a price indicator and any other sign required by law and not exceeding a total of three (3) square feet on the pump.
3.
Pole sign. One (1) pole sign is permitted for gasoline service stations and shall be subject to the following conditions:
i.
Said sign shall be located in the front yard no closer than (15) feet from any property line.
ii.
The area of said sign shall not exceed fifty (50) square feet inclusive of the gasoline service station price sign. Such sign shall not be separated from the gasoline price sign, but shall appear as a single integrated sign.
iii.
The height of the sign structure, including its supporting members, shall not exceed sixteen (16) feet.
iv.
The maximum width of the sign, including its supporting structure, shall not exceed six (6) feet.
v.
No pole sign shall be placed upon a lot so as to cause a visual hazard for vehicular traffic. When necessary the Building Sub-Code Official shall consult an opinion for the Chief of the Police Department.
4.
Automotive service station canopy signs.
i.
A gasoline service station with a canopy shall be permitted two canopy signs in total.
ii.
The canopy sign or signs shall collectively not exceed 20 square feet in area.
iii.
The canopy sign shall be a flat sign permanently affixed to the vertical face of the canopy and shall not project above or below or from any side of the vertical face of the canopy.
iv.
The canopy sign may be illuminated by internal and nonintermittent light sources.
v.
A business logo, inclusive of striping or other symbols, may appear on this canopy sign as part of the allowable sign area. Any striped area of the canopy shall be counted towards the permissible area of the sign.
F.
Shopping Center signs. In addition to signage permitted within this section, the following signs are permitted within shopping centers:
1.
Pole sign. One (1) pole sign is permitted for shopping centers and shall be subject to the following conditions:
i.
Said sign shall be located in the front yard no closer than (15) feet from any property line.
ii.
The area of said sign shall not exceed fifty (50) square feet.
iii.
The height of the sign structure, including its supporting members, shall not exceed sixteen (16) feet.
iv.
The maximum width of the sign, including its supporting structure, shall not exceed six (6) feet.
v.
No ground sign shall be placed upon a lot so as to cause a visual hazard for vehicular traffic. When necessary the Building Sub-Code Official shall consult an opinion for the Chief of the Police Department.
G.
Freestanding office buildings, laboratories and other non-retail commercial buildings in excess of 6,500 square feet. In addition to signage permitted within this section, the following signs are permitted for said uses:
1.
Identification signs.
i.
One wall-mounted identification sign, with the copy limited to a company name and/or corporate logo, is permitted on said uses with frontage on one street. For establishments with frontage on two or more streets, a maximum of two identification signs are permitted.
ii.
Identification signs shall be located no more than four feet below the parapet or uppermost roofline or facade of the building. Signs shall not project above the roofline or parapet of the building.
iii.
The maximum size of each identification sign shall be one square foot for each 250 square feet of building space for the first 10,000 square feet of building space and one square foot for each 500 square feet of building space above 10,000 square feet, up to a maximum of 200 square feet. No identification sign shall exceed 200 square feet in size.
2.
Ground sign or pole sign. Ground signs and pole signs are subject to the regulations within § 97-123.9F4B and F1, except office buildings, laboratories and similar non-retail commercial structures are permitted one ground sign or pole sign per street frontage.
H.
Canopy signs.
1.
Signs affixed or applied in an essentially flat plane to the face of a freestanding canopy or architectural projection provided that the sign area of any such sign, as defined herein, does not exceed an area equal to forty percent (40%) of the area of the face area of the canopy or architectural projection to which such sign is affixed or applied.
2.
Graphic treatment in the form of striping or patterns shall be permitted on the face of any building or freestanding canopy, or architectural projection without restriction, and the area of any such graphic treatment shall not be calculated as a component of permitted copy area.
3.
No canopy sign can be illuminated by either internal or external lighting.
4.
No establishment shall contain both a wall sign and a canopy sign. No canopy shall be erected, and no canopy sign shall be permitted above the first floor of any building.
I.
Awning signs.
1.
Signs affixed or applied to the face or side surfaces of an awning provided that the sign area, as defined herein, does not exceed 10 percent of the total facade area to which the awning is secured, or 24 square feet, whichever is lesser. For buildings and property containing more than one use or tenant, permitted awning sign area shall be determined by the facade area of the individual lease unit.
2.
Graphic treatment and/or embellishment in the form of striping, patterns, or valances shall be permitted on the face or side surfaces of any awing or backlit awning without restriction, and the area of any such graphic treatment and/or embellishment shall not be calculated as a component of permitted sign area.
3.
No awning shall be illuminated.
4.
No awning shall be erected above the first level of any building except on the upper floors of buildings in which a commercial tenant is present. Awnings attached to the same building shall be of the same shape, color and height. To the extent possible, awnings shall be of the same size.
5.
No establishment shall contain both a wall sign and an awning sign, and no awning sign shall be permitted above the first level of any building.
J.
Window Signs. Window advertising signs shall be prohibited in all non-residential districts, with the exception of permitted ground level retail and personal service business uses, supermarkets and restaurant establishments located in the VC-2, VC-3, C-1, C-2 and C-3 Zones, subject to the following conditions:
1.
Information on such signs shall be limited to advertisements for special promotions, grand openings, temporary sales and other such similar nonpermanent sales promotions. An exception shall be granted for restaurants, which may post one permanent menu not larger than two square feet in size. In addition, an exception shall be granted for supermarkets which may permanent display signage in accordance with item 5 below.
2.
The period such signs are permitted to be displayed shall be per the regulations of § 97-123.9F4L1 and 4.
3.
Such signs may be constructed of paper, cardboard or other such written, numerical, graphic or photographic material or information displayed in the window of such establishment.
4.
Such signs shall be contained entirely within the ground level interior of the building in which the business is located.
5.
Window signs shall not exceed 15% of the total area of the window to which they are affixed. All letters, numbers and symbols of window signage shall include lettering not more than 5 inches in height. Window and window signs shall not be more than 15% opaque.
6.
Such signs shall be maintained in an orderly manner at all times.
K.
Directory signs are permitted in all non-residential districts subject to the following conditions:
1.
Directory signs for office or mixed use commercial buildings in the VC-2, VC-3, shall be limited to one wall-mounted directory sign not exceeding six square feet in size and no higher than 10 feet above surrounding grade in addition to permitted wall, awning and/or projecting signs.
2.
For office, mixed-use, industrial and other similar uses in the C-1, C-2, C-3, C-AH and I Zone Districts, one (1) ground sign or one (1) wall directory sign is permitted. A wall directory sign is permitted in addition to permitted wall, awning and/or projecting signs. No more than one ground sign is permitted per parcel, development tract or lot. The following additional requirements are required for directory signs in the above listed zoning districts:
i.
Directory ground signs are subject to the provisions for ground signs within item 2 of this section.
ii.
Buildings containing less than 50,000 square feet and more than 10,000 square feet of gross floor area may have one wall directory sign containing a maximum of 20 square feet of sign area.
iii.
Buildings containing less than 10,000 square feet of gross floor area may have one wall directory sign containing a maximum of 12 square feet of sign area.
L.
Temporary signs. General Regulations for exterior temporary signs. Temporary signs are subject to the General Provisions section of § 97-123.9, as well as the following requirements:
1.
Except for those temporary signs whose time of display is specifically addressed elsewhere in this ordinance, no temporary sign shall be permitted to be displayed for a period in excess of thirty (30) days unless a longer span of display time is approved by the municipal Zoning Official.
2.
Except for those temporary signs whose size is specifically addressed elsewhere in this ordinance, the size of any temporary sign shall not be in excess of the size permitted for any permanent sign of like configuration and/or type in a given zone. In the event existing permanent signage is present on a structure or parcel, temporary signage shall not exceed the size of any existing signage, unless the size of said temporary sign is dictated elsewhere in this ordinance.
3.
No temporary sign shall be electrically energized or contain any electrical device.
4.
Temporary signs advertising special events and/or promotions of a commercial or non-commercial nature, unless specifically addressed elsewhere in this ordinance, and provided that such signs shall be non-illuminated, shall be displayed during a time period of no more than ten (10) days prior to the special event and/or promotion, and shall be removed within twenty-four (24) hours following the special event and/or promotion. Not more than one (1) such sign shall be placed on any single premises or property unless such premises or property fronts on more than one street, in which case one (1) such sign shall be permitted on each separate street frontage.
5.
Ground Signs — Forty percent (40%) of the area permitted for a permanently installed pole and ground sign as permitted within this section.
6.
Building-mounted temporary signs — Ten percent (10%) of the building facade area on which such sign is mounted.
7.
Sandwich Board Signs — One (1) sign not exceeding thirty-two (32) inches in width and thirty-six (36) inches in height may be permitted within the sidewalk or grass strip of a public right of way, subject to the following standards:
i.
The sign is located in front of, and within twelve (12) feet of the main entrance to the establishment it advertises.
ii.
Placement of the sign allows a minimum of thirty-six (36) inches of unobstructed sidewalk clearance between it and any building or other obstruction.
iii.
The sign must be free-standing and shall not be affixed, chained, anchored, or otherwise secured to the ground or to any pole, parking meter, tree, tree grate, fire hydrant, railing, or other structure.
iv.
No materials such as papers, balloons, wind socks, etc., may be added to the sign to increase its height and/or width.
v.
The sign shall not contain foil, mirrors, bare metal or other reflective materials which could create hazardous conditions to motorist, bicyclist, or pedestrians.
vi.
The sign must be internally weighted so that it is stable and windproof.
vii.
The sign is placed within the public right of way only during the hours of the establishment's operation.
viii.
No sign shall be placed within a public parking space or such that it obstructs vehicle sight distance.
§ 97-123.10 Swimming pools.
A.
Permanent private pools. Permanent private residential swimming pools are permitted as an accessory structure subject to the following standards:
1.
Pools may be located in side or rear yards only. No pool or wading pool shall be constructed or installed on any lot unless upon said lot shall be located a dwelling unit.
2.
No edge of any pool shall be closer to any lot line than ten (10) feet.
3.
In the case of a corner lot, a permanent private swimming pool shall not be constructed, erected, installed or maintained closer to the street line than the prevailing setback line on that street.
4.
The pool may be lighted by underwater or exterior lights, or both, provided that all exterior lights are located so that the light is neither directed or reflected upon adjacent properties in such a manner as to be a nuisance or any annoyance to neighboring property. Underwater lighting shall be in compliance with the applicable National Electrical Code.
5.
The pool shall be completely surrounded by fencing between four (4) feet and six (6) feet in height. All fences shall be constructed in conformance with required building codes.
6.
No public amplifying system shall be used with a private residential swimming pool.
7.
All accessory cabanas and pool houses shall be subject to § 97-121.2 Accessory buildings, structures, and uses.
8.
All pools shall be properly filtered to the specifications of the Construction Official.
B.
Commercial; recreational pools. Swim clubs, commercial recreation associated with lakes and public swimming pools shall adhere to the following standards:
1.
Said uses shall be located within a lot area of a minimum of five (5) acres. Within such area may also be located clubhouse, open space, terraces, pools, recreational uses, cabanas, etc. Where the pool is located in a tract in excess of five (5) acres in area in which other recreational facilities are provided, a specific allocation of the five-acre area does not have to be provided.
2.
No edge of any pool or separate swimming tank shall be closer to any property line than one hundred fifty (150) feet.
3.
Pools shall be enclosed with a fence or in lieu thereof located on a terrace or landscaped or surrounded by structures or any combination of the above or similar techniques in order to control access to the immediate pool area.
4.
Pools shall be lighted both internally and externally but in no case shall any light be directed in a direct or indirect fashion upon any adjacent property. All freestanding pole standards used for exterior lighting shall not exceed twenty-five (25) feet in height and shall be no closer than twenty-five (25) feet to the edge of any pool. All lighting shall be in compliance with the applicable National Electrical Code.
5.
Pools shall be constructed below the surface of the ground except that nothing shall prohibit the pool areas from being terraced on side hill locations.
6.
Pools shall be landscaped to effectively screen the view of the pool from neighboring properties.
7.
All loudspeakers or public address systems shall be located in such recreation areas so that speakers are not directly aimed at any adjacent residential properties.
8.
One (1) off-street parking space shall be provided for every thirty (75) square feet of water surface. Such parking facilities may be included with other parking areas associated with clubhouses, other recreational uses and similar uses as part of a total site plan.
C.
Pools within senior citizen housing projects. Pools included as part of the overall development are permitted as a private accessory structure for the residents or guests and shall adhere to the following standards:
1.
Pools shall be located in the side or rear yards only and within an area no less than four thousand (4,000) square feet that is devoted to the use of the pool.
2.
No edge of any pool or separate swimming tank shall be closer to any building or property line than twenty (20) feet.
3.
The total land devoted to the use of the pool shall be enclosed with a fence no less than six (6) feet in height nor more than ten (10) feet in height.
4.
The pool shall be lighted both internally and externally, but in no case shall any light be directed in a direct or indirect fashion upon any dwelling or adjacent property. All lighting shall be in compliance with the applicable National Electrical Code.
5.
All pools shall be constructed below the surface of the ground.
6.
If any portion of the pool, part of the land devoted to the use of the pool, light pole standards or loudspeakers are located closer than one hundred (100) feet to any residential building located outside this property, adequate dense buffers of trees and shrubs shall be provided.
D.
Maintenance. All pools referred to in the above section shall have all the area surrounding the pool made and kept neat and attractive so as to be in conformity with surrounding property, and no rubbish, debris or litter shall be permitted to remain or accumulate in or about the pool.
§ 97-123.11 Nonconforming decks.
[Added 5-22-84 by Ord. No. 8-84; amended 12-12-00 by Ord. No. 22-00]
A.
A rear deck may be constructed, erected or altered on any building lot, provided that the construction of the deck conforms to the requirements of the Land Use and Development Code of the Borough of Waldwick. The property owner or contractor shall apply to the Construction Code Official for, and obtain, a building permit prior to the construction of the deck.
B.
A property owner must apply for a permit to the Construction Code Official. The permit may be issued only if the Construction Code Official determines that construction of the nonconforming rear deck complies with the conditions enumerated in § 97-123.11C.
C.
Conditions for construction of a nonconforming deck.
1.
After the construction of the deck, the rear yard setback of the subject property shall not be less than twenty-five (25) feet, and the side yard setback shall not be less than 10 feet
2.
The deck shall be constructed only at the rear of the dwelling.
3.
The deck shall have a maximum size of two hundred seventy-five (275) square feet.
4.
The deck shall be constructed of natural wood, pressure-treated lumber which is rot resistant, or simulated wood engineered plastics. The appearance of the deck shall conform to the aesthetics of the existing neighborhood, and the deck itself shall be constructed and maintained in conformance with the New Jersey Uniform Construction Code.
5.
The maximum height of the platform portion of the deck shall not exceed six (6) feet from the grade at any point.
6.
No permanent cover, of any type, shall be permitted over the deck.
7.
The deck shall not protrude beyond either side of the dwelling to which it is attached.
8.
The area of a rear deck shall be excluded from determining the applicable maximum percent of building coverage
[Added 7-14-87 by Ord. No. 10-87]
§ 97-123.12 Wireless telecommunications towers and antennas.
[Added 8-12-97 by Ord. No. 19-97]
1.
Purpose. The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section is to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Borough of Waldwick shall give due consideration to the Borough of Waldwick's master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
2.
Definitions. As used in this section, the following terms shall have the meanings set forth below:
(a)
"Alternative tower structure" means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
(b)
"Antenna" means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
(c)
"Backhaul network" means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
(d)
"FAA" means the Federal Aviation Administration.
(e)
"FCC" means the Federal Communications Commission.
(f)
"Height" means, when referring to a tower or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
(g)
"Preexisting towers and preexisting antennas" means any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
(h)
"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
3.
Applicability.
(a)
New Towers and Antennas. All new wireless telecommunications towers or antennas in the Borough of Waldwick shall be subject to these regulations, except as provided in Sections 3(b) through (d), inclusive.
(b)
Amateur Radio Station Operators/Receive Only Antennas. This section shall not govern the installation of any antenna that is under seventy (70) feet in height, owned and operated by a federally licensed amateur radio operator exclusively for private noncommercial purposes. See § 97-124.11 for regulations applicable to amateur radio.
(c)
Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Sections 4(f) and 4(g), absent any enlargement or structural modification of the addition of any structures.
(d)
AM Array, For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
4.
General Requirements.
(a)
Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(b)
Lot Size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(c)
Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the zoning officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Borough of Waldwick or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Officer may share such information with other applicants applying for administrative approvals or conditional use permits under this ordinance or other organizations seeking to locate antennas within the jurisdiction of the Borough of Waldwick, provided, however that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(d)
Aesthetics. Towers and antennas shall meet the following requirements:
(1)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
(3)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(e)
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(f)
State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(g)
Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Borough of Waldwick concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(h)
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough of Waldwick irrespective of municipal and county jurisdictional boundaries.
(i)
Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this ordinance section and shall not be regulated or permitted as essential services public utilities, or private utilities.
(j)
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough of Waldwick have been obtained and shall file a copy of all required franchises with the Zoning Officer.
(k)
Public Notice. For purposes of this ordinance, any conditional use request, variance request, or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Section 7(b)(5)(ii), Table 2, in addition to any notice otherwise required by this Ordinance.
(l)
Signs. No signs shall be allowed on an antenna or tower.
(m)
(Reserved)
(n)
Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 8.
(o)
Multiple Antenna/Tower Plan. The Borough of Waldwick encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
(p)
Height. The maximum height of a new tower shall be one hundred fifty (150) feet.
5.
Permitted Uses.
(a)
General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a conditional use permit.
(b)
Permitted Uses. The following uses are specifically permitted:
(1)
Antennas or towers located on property owned, leased, or otherwise controlled by the Borough of Waldwick provided a license or lease authorizing such antenna or tower has been approved by the Borough of Waldwick. However, the Borough may, as a condition of such lease, require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the municipality, and shall not be governed by this ordinance.
6.
Administratively Approved Uses.
(a)
General. The following provisions shall govern the issuance of administrative approvals for towers and antennas.
(1)
The Zoning Officer may administratively approve the uses listed in this section.
(2)
Each applicant for administrative approval shall apply to the Zoning Officer providing the information set forth in Sections 7(b) (1) and 7(b)(3) of this ordinance and a nonrefundable fee as established by resolution of the Governing Body to reimburse the Borough of Waldwick for the costs of reviewing the application.
(3)
The Zoning officer shall review the application for administrative approval and determine if the proposed use complies with sections 4, 7(b)(4) and 7(b)(5) of this ordinance.
(4)
The Zoning Officer shall respond to each such application within sixty (60) days after receiving it by either approving or denying the application. If the Zoning Officer fails to respond to the applicant within said sixty (60) days, then the application shall be deemed to be approved.
(5)
In connection with any such administrative approval, the Zoning officer may, in order to encourage shared use, administratively waive any zoning district setback requirements in Section 7 (b) (4) or separation distances between towers in Section 7 (b) (5) by up to fifty percent (50%).
(6)
In connection with any such administrative approval, the Zoning Officer may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
(7)
If an administrative approval is denied, the applicant shall file an application for a conditional use permit pursuant to Section 7 prior to filing any appeal that may be available under this Ordinance.
(b)
List of Administratively Approved Uses. The following uses may be approved by the Zoning Officer after conducting an administrative review:
(1)
Locating antennas on existing structures or towers consistent with the terms of subsections (a) and (b) below.
(a)
Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Zoning Officer as an accessory use to any commercial, industrial, professional, institutional structure not located in a residential zone, provided:
(i)
The antenna as measured from the lowest grade, does not extend more than the maximum building height for the zone wherein the structure is located;
(ii)
The antenna complies with all applicable FCC and FAA regulations; and
(iii)
The antenna complies with all applicable building codes.
(iv)
The property is not located in a residential zone.
(b)
Antennas on existing towers. If an antenna is attached to an existing tower in a non-residential zone collocating antennas may be approved by the Zoning Officer to minimize adverse visual impacts associated with the proliferation and clustering of towers, provided such collocation is accomplished in a manner consistent with the following:
(c)
Replacement or upgrading existing antennas or improvements. Any existing antenna, improvement, trade fixture, or other personal property which is requested by the owner or tenant to be replaced or upgraded shall be permitted provided:
[Added 9-24-2019 by Ord. No. 2019-20]
(i)
An engineered site plan be provided indicating the nature and extent of such replacement or upgrade including the specific antenna, improvement, trade fixture, or other personal property to be removed, replaced, or upgraded having all the technical specifications, including but not limited to the existing and proposed size, height, weight and location; and
(ii)
A recent, no older than six months, structural analysis is provided that certifies that such removal, replacement, or upgrades to such antenna, improvements, trade fixture, or other personal property meets the applicable structural industry standards; and
(iii)
An application fee in the amount of $1,500 for an existing installation or $2,500 for a new collocation, which amount shall be collected by the Borough.
7.
Conditional Use Permits.
(a)
General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Planning Board:
(1)
(Reserved)
(2)
If the tower or antenna is not a permitted use under Section 5 of this ordinance or permitted to be approved administratively pursuant to Section 6 of this ordinance, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
(3)
Applications for conditional use permits under this section shall be subject to the procedures and requirements of § 97-124 of this Ordinance, except as modified in this section.
(4)
In granting a conditional use permit, the Planning Board may impose conditions to the extent the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(5)
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(6)
An applicant for a conditional use permit shall submit the information described in this section and a non-refundable application fee and an escrow deposit as established by the Borough of Waldwick for the costs of reviewing the application.
(7)
Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna are permitted as conditional uses only in the following zones: C-1, C-2, C-3, I.
(8)
No towers or antennas shall be permitted as conditional uses in residential zone districts.
(b)
Towers.
(1)
Information required. In addition to any information required for applications for conditional use permits pursuant to § 97-124 of this Ordinance, applicants for a conditional use permit for a tower shall submit the following information
(i)
A scaled site plan clearly indicating the location, type and height of the proposed tower, on site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Section 7(b)(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Zoning Officer to be necessary to assess compliance with this ordinance.
(ii)
Legal description of the parent tract and leased parcel (if applicable).
(iii)
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
(iv)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 4(c) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(v)
A landscape plan showing specific landscape materials.
(vi)
Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
(vii)
A description of compliance with Sections 4(c), (d), (e), (f), (g), (j), (1), and (m), 7(b)(4), 7(b)(5) and all applicable federal, state or local laws.
(viii)
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(ix)
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
(x)
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(xi)
A description of the feasible locations of future towers or antennas within the Borough of Waldwick based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(2)
Factors Considered in Granting Conditional Use Permits for Towers. In addition to any standards for consideration of conditional use permit applications pursuant to § 97-124 of this chapter, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit, although the Planning Board may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Board concludes that the goals of this ordinance are better served thereby:
(i)
Height of the proposed tower;
(ii)
Proximity of the tower to residential structures and residential district boundaries;
(iii)
Nature of uses on adjacent and nearby properties;
(iv)
Surrounding topography;
(v)
Surrounding tree coverage and foliage;
(vi)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(vii)
Proposed ingress and egress; and
(viii)
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 7(b)(3) of this ordinance.
(3)
Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following (although nothing should be construed to infer that meeting one, some, or all of the following shall entitle the applicant to approval):
(i)
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
(ii)
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(iii)
Existing towers or structures do not have sufficient structural strength to support applicants proposed antenna and related equipment.
(iv)
The applicants proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(v)
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(vi)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(vii)
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro-cell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(4)
Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required; provided, however, that the Planning Board may reduce the standard setback requirements if the goals of this ordinance would be better served thereby:
(i)
Towers must be set back a distance equal to at least seventy-five percent (75%) of the height of the tower from any adjoining lot line.
(ii)
Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
(iii)
No tower shall exist within required buffer areas, if adjacent to residential zones and as prescribed under local ordinance.
(5)
Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the Planning Board may reduce the standard separation requirements if the goals of this ordinance would be better served thereby.
(i)
Separation from off -site uses/designated areas.
(a)
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
(b)
Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1: | |
|---|---|
Off-site Use/Designated Area | Separation Distance |
Public parks, schools or house of worship(1) | 200 feet or 300% height of tower whichever is greater |
Vacant single-family residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired | 200 feet or 300% height of tower whichever is greater |
Off-site Use/Designated Area | Separation Distance |
Vacant unplatted residentially zoned lands(2) | 100 feet or 200% height of tower whichever is greater |
Non-residentially zoned lands or non-residential uses | None; only setbacks apply |
Notes: |
(1) Including nursing homes and other similar uses wherein people are housed or receive care at least 8 hours per day. |
(2) Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex. |
(ii)
Separation distances between towers.
(a)
Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
Table 2: | ||||
|---|---|---|---|---|
Existing Tower — Types | ||||
Lattice | Guyed | Monopole 50 Ft. in Height | Monopole Less Than 30 Ft in Height | |
Lattice | 5,000 | 5,000 | 1,500 | 1,000 |
Guyed | 5,000 | 5,000 | 1,500 | 1,000 |
Monopole 50 Ft in Height | 1,500 | 1,500 | 1,500 | 1,000 |
Monopole Less Than 30 Ft | 1,000 | 1,000 | 1,000 | 1,000 |
(6)
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.
(7)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which conditional use permit is required.
(i)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound.
(ii)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(iii)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large wooded lots, natural growth around the property perimeter may be sufficient buffer.
8.
No Tower or alternative tower shall be constructed in any residential zone.
9.
Buildings or other Equipment Storage.
(a)
Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(1)
The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than forty (40) feet in height, the related unmanned equipment structure, shall be located on the ground and shall not be located on the roof of the structure.
(2)
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10 percent of the roof area.
(3)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
(b)
Antennas Mounted on Utility Poles Light Poles or Towers. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(1)
In a front or side yard provided the cabinet or structure is no greater than 6 feet in height or 100 square feet of gross floor area and the cabinet/structure is located a minimum of 75 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42-48 inches and a planted height of at least 36 inches.
(2)
In a rear yard, provided the cabinet or structure is no greater than 8 feet in height or 120 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least 48 inches.
(3)
In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence 6 feet in height or an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least 72 inches.
(4)
Emergency Generators shall be located below grade and suitably soundproofed so that noise volumes measured at all property lines do not exceed ambient levels. A nighttime restriction of 50 decibels measured at all lot lines shall be imposed.
10.
Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the Borough of Waldwick notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
11.
Existing Towers. Rebuilding Damaged or Destroyed Nonconforminq Towers or Antennas. Nonconforminq towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in Sections 7 (b) (4) and 7(b)(5). The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 9.
§ 97-123.13 Solar energy systems and wind energy conversion systems.
A.
Purpose. The Borough of Waldwick intends to promote the utilization of solar energy systems and wind energy conversion systems (WECS) in order to maximize the utilization of a clean, safe and available energy source.
B.
Solar energy systems.
1.
Solar panels shall be permitted as an accessory rooftop installation in any zoning district. The solar panels shall not exceed a height of eight inches from the rooftop. In no event shall the placement of the solar panels result in a total height including building and panels than what is permitted in the zoning district which they are located for the principal building.
2.
Solar panels shall be permitted as accessory ground arrays in accordance with the following:
(a)
All ground arrays shall be set back a distance of 20 feet from all property lines in a residential zoning district, 25 feet from all property lines in a commercial zoning district, and 40 feet from all property lines in an industrial district.
(b)
Ground arrays shall not be permitted in a front yard.
(c)
Ground arrays shall be located so that any glare is directed away from an adjoining property.
(d)
Ground arrays shall not exceed a height of 15 feet.
C.
Wind energy conversion systems (WECS).
1.
General Standards:
(a)
A WECS (horizontal axis and vertical axis) shall be permitted in the R-1 and R-2 Single-Family Residential Districts, the R-3 Village Residential District, the R-4 Senior Citizen Residential District, the AH-1 Affordable Housing District, the C-AH Commercial Affordable Housing District, and the I Limited Manufacturing District.
(b)
A horizontal axis wind turbine (HAWT) tower is permitted as an accessory use on the same lot as a principal use.
(c)
A vertical axis wind turbine (VAWT) is permitted as an accessory rooftop installation or as permitted accessory tower on the same lot as a principal use.
(d)
No more than one wind turbine shall be permitted per property, and it is prohibited to install both a rooftop vertical axis turbine and a ground level turbine tower on the same lot.
(e)
A WECS is not permitted in any front yard.
2.
3.
Standards in nonresidential districts
4.
Standards for vertical axis wind turbines:
(a)
Residential District Requirements.
(i)
A maximum of one (1) VAWT is permitted per lot
(ii)
Building mounted VAWTs shall not exceed 20% the maximum permitted height within the zoning district measured from the base attached to the structure to the highest point on the VAWT.
(iii)
The maximum tower height for a VAWT tower shall not exceed fifty (50) feet measured from the base of the tower to the highest point on the VAWT.
(iv)
A VAWT tower shall be setback from the property line a distance equal to 100% of the height of the structure as measured from the base to the highest point.
(v)
A VAWT tower shall be set back a minimum 20 feet from the principal structure.
(vi)
Every two (2) years the owner of the VAWT shall submit a structural report to the Building Department attesting to the structural integrity of the wind generator, tower and/or support system.
(b)
Non-Residential District Requirements
(i)
Building mounted VAWTs shall not exceed 20% the maximum permitted height within the zoning district measured from the base attached to the structure to the highest point on the VAWT.
(ii)
The maximum tower height for a VAWT shall not exceed sixty (60) feet measured from the base of the tower to the highest point on the VAWT.
(iii)
A VAWT tower shall be setback from the property line a distance equal to 100% of the height of the structure as measured from the base to the highest point.
(iv)
A VAWT tower shall be set back a minimum 20 feet from the principal structure.
(v)
Every two (2) years the owner of the VAWT shall submit a structural report to the Building Department attesting to the structural integrity of the wind generator, tower and/or support system.
(c)
Electromagnetic Interference.
(i)
As part of the required site plan submission, the applicant shall provide sufficient data and documentation from the manufacturer in order to establish that the installation will not cause electromagnetic interference to any abutting property.
(ii)
If documentation is provided that indicates that the installation is causing electromagnetic interference to any abutting property, the installation shall be deemed a public nuisance which nuisance shall be corrected within ninety (90) days of receipt of a notice of violation. If the electromagnetic interference cannot be remedied, the installation shall be removed or relocated, as appropriate.
D.
Additional Standards for Solar Energy Systems and Wind Energy Conversion Systems (horizontal axis turbines and vertical axis turbines)
1.
Noise.
(a)
Between a residential use or residential zone sound levels of the WECS shall not exceed 55 decibels at a common property line or at the closest occupied structure of the neighboring lot or lots.
2.
Access to WECS.
(a)
All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
(c)
All moving parts of the WECS shall be a minimum height ten feet above the ground.
3.
Electrical wires. All electrical wires associated with a WECS, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.
4.
Wind turbines shall be designed with an automatic brake or other similar device to prevent overspeeding and excessive pressure on the tower structure.
5.
Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration, and is subject to Planning Board or Board of Adjustment approval as part of the site plan application.
6.
Appearance, color, and finish. WECS shall be constructed of corrosive resistant material. WECS and solar energy panels shall be painted, finished or screened with landscaping or other materials to the extent reasonably possible to blend the facility into existing structures and natural surroundings in order to minimize potential visual impacts on the surrounding landscape.
7.
Signs. WECS and solar energy systems shall not be used for displaying signage or advertising, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
8.
Code compliance. A WECS shall comply with all applicable construction and electrical codes, and the National Electrical Code adopted by the New Jersey Department of Community Affairs.
9.
Utility notification and interconnection. WECS that connect to the electric utility shall comply with the New Jersey's net metering and interconnection standards for Class I renewable energy systems.
10.
Meteorological towers utilized to monitor the feasibility of a WECS shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a WECS.
E.
Permit requirements.
1.
Site plan approval. Site plan approval from the Planning Board or Board of Adjustment, as appropriate, shall be required for the installation of a WECS (horizontal axis turbine or vertical axis turbine) or a ground array solar energy system. The site plan application shall include the following:
(a)
Property lines and physical dimensions of the property;
(b)
Location, dimensions, and types of existing structures on the property;
(c)
Location of the proposed WECS tower or ground array solar energy system;
(d)
The right-of-way of any public road that is contiguous with the property;
(e)
For WECS applications, the location of any overhead utility lines;
(f)
WECS and ground array solar energy systems specifications, including manufacturer and model, rotor diameter, tower height;
(g)
Stamped, engineered tower and tower foundation drawings for WECS;
(h)
Noise levels of the proposed WECS at all property lines and at the closest neighboring inhabited dwelling.
2.
A visual site distance analysis must be submitted, including photos of the subject property, that graphically simulates the appearance of any proposed WECS and indicating its view from at least five locations around and within one mile of the proposed tower.
F.
Abandonment.
1.
A WECS or solar energy system that is out of service for a continuous twelve-month period will be deemed to have been presumptively abandoned. The Zoning Officer may issue a notice of abandonment to the owner of a WECS or solar energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. The Zoning Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the WECS or solar energy system has not been abandoned. In the event that the Zoning Officer, after investigation, determines that a WECS or solar energy system has been abandoned, the Zoning Officer may issue a notice of abandonment during the presumptive twelve-month period and the owner shall have the right to respond to the notice of abandonment.
2.
If the WECS or solar energy system is determined to be abandoned, the owner of the WECS or solar energy system shall remove the facility at the owner's sole expense within six months of receipt of notice of abandonment. If the owner fails to remove the facility, the Zoning Officer may, at the option of the Mayor and Council, have the facility removed at the owner's expense, and impose a lien on the property.
G.
Violations. It is unlawful for any person to construct, install, or operate a WECS or solar energy system that is not in compliance with this section or with any condition contained in a building permit issued pursuant to this section. Solar energy systems and WECS installed prior to the adoption of this section are exempt.
§ 97-123.14 Home occupation.
A.
Home occupations are permitted as an accessory use in all residential districts of the Borough of Waldwick.
a.
Home occupation uses shall be conducted entirely within either the dwelling or an accessory building, but not both.
b.
No more than five hundred (500) square feet of the first floor area or the equivalent of twenty-five percent (25%) of the floor area of the building, whichever is smaller,
c.
Such an occupation shall be conducted solely by a resident occupant of the residential building, except that no more than one (1) person at a time who is not a resident of the building may be employed therein
d.
No sign shall be displayed exceeding a maximum of one (1) square foot on each side, that
e.
Parking shall be provided in accordance with commercial off-street parking spaces in addition to the residence needs.
f.
No occupational sounds are audible outside the building, that and that no machinery or equipment is used which will cause interference with radio and television reception in neighboring residences.
g.
No display of products shall be visible from the street, and that no article is offered for sale on the premises shall be used for such purposes, so as not to change the residential character of the property
h.
Board of Health, Fire Prevention Bureau and Environmental Commission approval and a Certificate of Occupancy shall be required for all "Home Occupations" and "Family Day Care Homes".
i.
Anyone operating a Family Day Care Home shall file with the Borough Clerk a copy of the Certificate of Registration issued by the New Jersey Division of Youth and Family Services and shall submit a certification of the operator setting forth the operator's name, address and telephone number and the hours of operation.
§ 97-123.15 Child day care.
A.
A. Child day care is permitted in all non-residential zones in the Borough of Waldwick, and subject to the following requirements:
§ 97-123.16 Freestanding and roof mounted flagpoles.
[Amended 05-27-14 by Ord. No. 13-14]
1.
The maximum height of a freestanding flagpole shall be 20 feet, provided that flagpoles on roofs shall be no more than 25% the maximum permitted height in the district feet in which the structure is located.
2.
One freestanding flagpole shall be permitted per lot.
3.
All freestanding flagpoles shall be located no closer than 10 feet from a front, side or rear property line.
4.
All flagpoles shall be equipped with either interior halyards or exterior halyards with vinyl snap covers.
§ 97-124.1 Guiding principles.
Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the borough and, at the same time, recognizing that such uses may be or become harmful to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and the character of the surrounding area, such uses are hereby designated as conditional uses . The procedures for application, public hearing and notice for special use permits are set forward under § 97-128.7. The granting of a permit for conditional uses shall comply with the terms and conditions established by this section using the following stipulations and guiding principles:
A.
Stipulations. The use for which application is being made is specifically authorized as a conditional use in the zoning district in which it is located. (See § 97-119).
B.
Principles. The design, arrangement and nature of the particular use is such that the public health, safety and welfare are protected and reasonable consideration is afforded to the following:
1.
The character of the neighborhood and zone.
2.
Conservation of property values and the proposal's impact upon the orderly development of adjacent properties in accordance with the zoning classification of such properties.
3.
Health and safety of residents or workers on adjacent property and in the surrounding neighborhood.
4.
Potential congestion of vehicular traffic or the creation of undue hazard.
5.
Principles and objectives of the ordinance and the Master Plan of the Borough.
§ 97-124.2 Automotive service stations.
Automotive service stations may be permitted as a conditional use in all commercial zones, provided that the following standards and conditions are met:
A.
Lot size. The lot or parcel of land so to be used shall have a street frontage of at least one hundred (100) feet and an average depth of at least one hundred twenty-five (125) feet.
B.
Setbacks.
1.
Buildings. The walls of any building shall be set back at least fifty feet from any residential zone boundary or existing residential property, at least twenty-five (25) feet from any adjoining property line and at least forty (40) feet from a street right-of-way line.
2.
Gasoline pumps. All fuel and oil pumps and other apparatus shall be located as to permit safe and convenient traffic circulation. Every gasoline or oil tank, pump or other device, appliance or apparatus shall be located at least forty (40) feet from a street right-of-way line or property line, and at least fifty (50) feet from a residential zone boundary or existing dwelling.
3.
Paved areas. All paved areas within the property shall be at least five (5) feet from a property line, ten (10) feet from a street right-of-way line and twenty-five feet from a residential zone boundary or existing residential use and shall be bounded by concrete curbing at least six (6) inches above the surface.
4.
Driveways. Entrance and exit driveways shall be at least thirty (30) feet in width with a three (3) foot radius at the curbline. There shall be a safety zone between driveways of at least thirty (30) feet, and the driveway shall be at least ten (10) feet from adjoining property lines. Driveways shall be at least one hundred (100) feet from an intersection of street lines. No more than two (2) driveways shall be permitted for each two hundred (200) feet of street frontage.
C.
Location. The nearest boundary line of the lot or parcel of land to be used as an automobile service station shall be at least three hundred (300) feet from the boundary line of property which is used as, or upon which is erected, a public or private school playground, church or other place of worship, hospital, public building or place of public assembly, theater or other building or structure used or intended to be used for public entertainment, public playground or civic center, firehouse or fire station. The distance shall be measured in a straight line from the center line of streets forming the shortest route from a point opposite the nearest side boundary line of the public entrance to a point opposite the nearest boundary line of the service station or garage lot. No automobile service station shall be located within two thousand (2,000) feet of another service station or existing public garage.
D.
Landscaping. A five-foot planted strip, suitably landscaped, shall be provided between curb cuts and along all property lines. All unpaved areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material deemed suitable. All landscaping shall be suitably maintained.
E.
Parking. Adequate parking for service vehicles and automobiles of employees and patrons shall be provided. Not more than three (3) patron parking spaces shall be provided for each service bay. Not more than six (6) motor vehicles may be located upon any automobile service station premises, outside of a closed or roofed building, for a period of time not to exceed forty-eight (48) hours and provided that said motor vehicles are awaiting repair by the owners thereof.
F.
Prohibited uses.
1.
No new or used automobile sales shall be conducted on the premises.
2.
No major body work shall take place at automobile service stations.
3.
No junked motor vehicle or part thereof or motor vehicle incapable of normal operation upon the highway shall be permitted on the premises of any service station. It shall be deemed prima facie evidence of violation of this ordinance if more than three (3) motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building.
G.
Repairs. Any repairs of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicles may be stored out of doors.
H.
Tanks and Drains:
1.
Floor drains shall contain oil and grease traps and shall not be connected to any sanitary sewer system or storm drain.
2.
All storage tanks shall be installed below ground level. Where the possibility of contamination of underground water resources exists, the applicant will be required to show that ample precautions against leakage and seepage have been taken.
§ 97-124.3 Funeral parlors; churches; places of worship and religious instruction.
[Amended 7-14-87 by Ord. No. 10-87]
Funeral parlors, Churches, places of worship, and religious instructional facilities may be permitted in any commercial zone as a conditional use and are subject to the following conditional use standards to allow use of a property for said land use:
A.
Lot area. The minimum lot area shall be thirty thousand (30,000) square feet; the minimum lot width shall be two hundred (200) feet.
B.
Setbacks. The minimum requirements for lot depth, front yard, rear yard, side yard, setbacks and building height shall conform to those established for the R-1 Single-Family Residential Zone. However, in no event shall the front or rear yards be less than the height of the building, nor shall side yards be less than one-half (1/2) the height of the building.
C.
Parking. Off-street parking facilities shall be provided on the premises in the rear and side yards, but not in the front yard, in the ratio and manner prescribed in § 97-123.7.
D.
Driveways. The construction of driveway entrances shall conform to the requirements set forth in § 97-123.7. Driveways must be at least ten (10) feet from any side lot lines and twenty-five (25) feet from the side line of residential property.
E.
Landscaping. The site plan shall clearly demonstrate that the location of buildings and parking and entrance drives shall have been so located as to minimize any detrimental effects upon adjacent property. It may require buffers of foliage if necessary to protect surrounding property from either light or noise generated in connection with the use of the property.
§ 97-124.4 Restaurants and taverns.
Restaurants and taverns may be permitted as a conditional use in all commercial zones, provided that the following standards and conditions are met:
A.
Lot size. The minimum lot or parcel of land so used shall be twenty-five thousand (25,000) square feet in area, with a minimum street frontage of at least one hundred (150) feet and an average depth of at least one hundred fifty (150) feet.
B.
Setback. The walls of the building shall be located at least fifty (50) feet from an adjoining street right-of-way line, twenty-five (25) feet from a side property line and fifty (50) feet from a rear property line.
C.
Building size. The ground floor area of the building shall be at least five hundred (500) square feet.
D.
Parking. Off-street parking shall conform to the requirements contained in § 97-123.7, and, in addition, the following conditions shall be met:
1.
Fencing, screening and buffers. Fencing and screening shall be provided along the side and rear property lines in accordance with the provisions of § 97-123.7C(11). All applicants shall provide buffers as defined in the ordinance and per the requirements of § 97-119.9E.
2.
Sidewalks. Sidewalks shall be raised and protected from vehicular traffic, at least five (5) feet in width, and shall be provided along the front and side building walls.
3.
Fire lanes. Appropriate fire lanes adjoining the building shall be maintained where required.
E.
Driveways. The construction of entrance and exit driveways shall be in accordance with the provisions contained within § 97-123.7. There shall be a safety zone of at least twenty-five (25) feet between driveway openings, and no entrance or exit shall be located within ten (10) feet of an adjoining property line.
F.
Trash.
1.
Trash receptacles for customers shall be provided in the parking area conveniently located for all parking spaces. There shall be at least one (1) receptacle for each five (5) parking spaces, but in no event less than four (4) receptacles. Such receptacles shall be of appropriate design which will not detract from the general appearance of the site and shall be well secured to the ground surface.
2.
An area shall be provided for the orderly and convenient deposit and pickup of trash. Said area shall be known as the "refuse storage" and shall be located in the rear yard, shall be enclosed on all four (4) sides and shall be designed to conform in appearance to the principal building. Said area shall be at least fifteen feet from an adjoining property line.
G.
Fire. All restaurants and fast food establishments shall meet or exceed all applicable fire code regulations.
§ 97-124.5 Hospitals; nursing, assisted living facilities.
Hospitals, nursing, assisted living facilities may be permitted as a conditional use in the R-1 Single-Family Residential District, provided that the following standards and conditions are complied with:
A.
Lot size. The minimum lot area shall be forty thousand (40,000) square feet; the minimum lot width shall be two hundred (200) feet.
B.
Setbacks. The structure or use shall conform to all the yard requirements set forth in the R-1 Single-Family Residential District. Under no conditions shall a principal structure be located closer to a property or street line than the height of the building.
C.
Location. The lot or parcel upon which a hospital or hospital use is located shall have direct access to an arterial street designated on the Master Plan. The lot or parcel upon which a nursing, rest and convalescent home is located or said use is located shall have direct access to a street designated as either arterial or collector, as shown on the Master Plan. None of said uses shall have access provided to said site via a local residential street.
D.
Parking. Off-street parking facilities shall be provided on the premises in the rear, but not in the front or side yard, in accordance with the ratio and locational requirements contained in § 97-123.7. Hospitals shall be permitted to have emergency access and parking for access to the emergency room only, located within their front and/or side yard.
E.
Driveways. Driveways shall be located in accordance with the regulations contained within § 97-123.7 and shall be at least twenty-five (25) feet from any adjoining property lines.
F.
License. Hospitals, nursing homes and assisted living facilities shall possess and/or secure a license as prescribed under the New Jersey Hospital Licensing Act and shall conform to all regulations and standards prescribed by the Bureau of Community Institutions, State of New Jersey. A certificate of need shall be secured from the New Jersey Department of Health for the proposed use.
G.
Signs. The erection and location of signs shall be in accordance with the provisions of § 97-123.9.
H.
Area impact. The hearing and review of said application shall disclose that the proposed use in the proposed location will not adversely affect the value of adjacent properties, that the design of any structures erected in connection with such use are in keeping with the general character of the residential area and that sufficient landscaping, including trees, shrubs and lawn, are provided to serve as a buffer between said use and the residential properties and to ensure an attractive appearance of the use.
§ 97-124.6 Kennels.
Kennels may be permitted as a conditional use in the I Limited Manufacturing-Industrial District, provided that the following standards are complied with:
A.
Lot size. The lot or parcel so to be used has an area of at least two (2) acres. Not more than ten (10) dogs or cats or combination thereof for each acre of lot area shall be kept at any time.
B.
Setbacks. Building, structures, pens or other enclosures in which animals are kept shall be located at least one hundred (100) feet from a property line.
C.
Outdoor runs or pens. Outdoor runs and pens shall be located within the rear yard and shall be screened from view of the adjoining properties by fencing and planting.
D.
Animals outside. Dogs and cats shall be contained in buildings, pens or other enclosures at all times and shall be kept within the confines of a building between the hours of 9:00 p.m. and 8:00 a.m.
E.
Sanitation. Any such kennels shall be approved by the Board of Health to ensure proper sanitation and compliance with applicable state and local health codes.
§ 97-124.7 Philanthropic, charitable or eleemosynary uses.
Fraternal, social, civic, recreational, philanthropic, charitable or eleemosynary uses may be permitted as a conditional use in the R-3 Village Residential District, provided that the following standards and conditions are complied with:
A.
Lot size. The lot or parcel so to be used shall have area and lot requirements in accordance with the district in which it is located.
B.
Setbacks. All buildings shall comply with the setback requirements for the zone in which it is located. No building or structure shall be located closer to any property line than the height of said building.
C.
Location. The property so proposed for this use shall have direct access to an arterial or collector street as defined within the Master Plan.
D.
Parking. Off-street parking facilities shall be provided on the premises in the rear and side yards, but not in the front yard, in the ratio, location and quantity prescribed in § 97-123.7.
E.
Driveways. Driveways must be at least twenty-five (25) feet from any side or rear property lines.
F.
Screening. Fencing and screening shall be provided alongside and rear property lines in accordance with § 97-123.7C(11).
G.
Area impact. The hearing and review of said application shall disclose that the proposed use in the proposed location will not adversely affect the value of adjacent properties, that the design of any structure erected in connection with such use are in keeping with the general character of the residential area, and that sufficient landscaping, including trees, shrubs and lawn, are provided to serve as a buffer between said use and residential properties and to ensure an attractive appearance for the use.
§ 97-124.8 Private preschools and private schools.
[Amended 7-8-86 by Ord. No. 16-86]
Private schools, but not trade schools, business schools, high schools or institutions of higher learning, may be permitted as a conditional use within residential and commercial districts as provided for in § 97-119 of this ordinance:
A.
Lot size. The minimum lot area for a nursery school shall be two (2) acres, plus one (1) additional acre for each one hundred (100) pupils. The minimum lot area for an elementary school shall be five (5) acres, plus one (1) additional acre for each one hundred (100) pupils. The minimum lot area for an intermediate school, high school or institution of higher learning shall be ten (10) acres, plus one (1) additional acre for each one hundred (100) pupils. No more than ten percent (10%) of the site shall be covered by a building.
B.
Setbacks. The buildings proposed to be erected on the lot shall comply with the yard and height requirements set forth for the zone district in which they are located.
C.
Driveways. No driveway shall open onto a public street or road within one hundred fifty (150) feet of an intersection of such street or road with another public street or road. In determining the suitability of proposed or existing driveways upon the site, the Planning Board shall consider such factors as grade and site distances, the number and pattern of driveways designed for ingress and egress points within the area, the volume of traffic which may be anticipated on the site and upon adjoining roads and the condition and width of the pavement of the adjoining roads.
D.
Lighting. Illumination for night athletic activity shall be shielded from view from adjoining streets and residential areas.
E.
Use statement. In addition to the use statement required in Article IX for site plan review, the applicant shall include a statement indicating the grade level of the pupils to be in the building or buildings, the planned pupil capacity of each building or buildings and the contemplated eventual enrollment of the school.
F.
State certification. The curriculum of the proposed school shall be approved by the New Jersey Department of Education.
G.
Screening. Fencing and screening shall be provided alongside and rear property lines in accordance with § 97-123.7C(11)where outdoor athletic fields or play spaces are proposed within one hundred (100) feet of a residential property line.
§ 97-124.9 Family day care homes.
[Added 3-23-93 by Ord. No. 3-93]
Family Day Care Homes shall be deemed to be a home occupation use and shall be subject to the same conditional use standards as all other home occupations in the particular zone in which the family day care home is located.
§ 97-124.10 Public utilities.
Public utility uses intended to be regulated by this section apply to utility installations such as power-generating stations, electric substations, power transmission lines, radio or television signal towers, telephone exchanges and similar facilities, but shall not apply to telephone, gas, water, sewer, electric or community antenna television facility distribution lines and similar facilities intended to provide direct service to properties, may be permitted in any zone district by conditional use, provided that the following are complied with:
A.
Lot size. The lot shall conform with the lot area requirements of the zone in which it is located.
B.
Setbacks. All structures shall meet the yard and height requirements of the zone in which it is located.
D.
Appearance. Any such building, structure or use shall be designed and arranged so as not to detract from the appearance of the general neighborhood nor have a detrimental effect on the value of adjoining properties.
E.
Location. The utility shall provide proof that the proposed installation in its specific location is necessary and essential for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located, provided that the design of any building in connection with the facility conforms to the general character of the area and will in no way adversely affect the safety and comfortable enjoyment of property rights of the zone in which it is located, that adequate and attractive fences and other such safety devices will be provided and that sufficient landscaping including shrubs, trees and lawns are provided and will be periodically maintained.
§ 97-124.11 Satellite dish antennas and amateur radio antennas.
[Added 8-9-83 by Ord. No. 15-83; amended 4-12-94 by Ord. No. 7-94]
The intent and purpose of this section is to establish a procedure and criteria to avoid the installation of amateur radio and satellite reception antennas in a manner that would create an aesthetically unpleasant or unsafe condition. There shall be permitted in all zoning districts of the Borough, as a conditional use accessory to the principal building.
(1)
Exemption of certain antennas from regulations. Pursuant to the 1996 ruling of the Federal Communications Commission (FCC), the following antennas are exempt from the provisions of this article:
(a)
A transmission satellite dish no greater than one meter (39.37 inches) in diameter.
(b)
A receive-only satellite dish greater than one meter (39.37 inches) and less than or equal to two meters (78.74 inches) in diameter and located in a nonresidential zone district.
(c)
A transmission satellite dish no greater than two meters (78.74 inches) in diameter and located in a nonresidential zone district.
(2)
Limited applicability of regulations involving certain antennas. Pursuant to the 1996 ruling of the Federal Communications Commission (FCC), the provisions of this article shall apply to the following antennas only to the extent such provisions do not impair the installation, maintenance or use of such antennas. The determination regarding such impairment shall be made by the Zoning Officer and may be appealed in accordance with the procedures of the Borough of Waldwick.
(a)
Antennas designed to receive direct broadcast satellite service (DBS), including direct-to-home satellite service, and no greater than one meter (39.37 inches) in diameter.
(b)
Antennas designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services (MMDS), instructional television fixed services and local multipoint distribution services, and no greater than one meter (39.37 inches) in diameter or diagonal measurement, provided that, if such antennas are located on a mast, the mast is 12 feet or less in height.
(c)
Antennas designed to receive television broadcast signals (TVBS), provided that, if such antennas are located on a mast, the mast is 12 feet or less in height.
(3)
Freestanding satellite and amateur radio antennas.
(a)
Freestanding antennas shall only be permitted in the rear yard.
(b)
Freestanding antennas shall be effectively screened by a special planting screen or fence as determined by the reviewing authority to be necessary to minimize the view of the antenna from any adjacent property or public street.
(c)
Freestanding antennas shall be set back a minimum of 35 feet from all lot lines.
(d)
The height of an amateur radio freestanding antenna shall not exceed 60 feet above the ground at the base of the antenna
(e)
The height of freestanding satellite dish antennas shall not exceed 15 feet above the ground.
(f)
The diameter or diagonal dimension of freestanding satellite dish antennas shall not exceed one meter (39.37 inches) in any residential zone district or two meters (78.74 inches) in any nonresidential zone district.
(4)
Roof-mounted antennas and satellite dishes.
(a)
If mounted on the roof of the principal building, the antenna and supporting structures shall be set back from the building facade a distance equal to or greater than the height of such antenna and related structures above the elevation of the building where the antenna and related structures are mounted, or as required by the Construction Code, whichever is more restrictive. The antenna and supporting structures shall also be located so as to minimize the view of the same from any street, as determined by the Zoning Officer.
(b)
The height of any roof-mounted antenna shall not exceed the height of the roof by more than 12 feet.
§ 97-124.12 Supportive and special needs housing for the developmentally disabled and community shelters for victims of domestic violence.
[Added 4-24-84 by Ord. No. 6-84]
A building or structure may be used, erected or converted for use as supportive and special needs housing for the developmentally disabled or a community shelter for victims of domestic violence (as defined by N.J.S.A. 40:55D-66.1), subject to the following conditional use requirements:
A.
No building or structure shall be used, erected or converted for the use of community residences for the developmentally disabled or community shelter for victims of domestic violence unless said building or structure complies with the minimum requirements for fire safety, sanitary facilities, structural safety as established by the current edition of New Jersey Uniform Construction Code, and the requirements of the American's with Disabilities Act (ADA).
B.
No building or structure shall be erected or converted for use of community residences for the developmentally disabled or community shelter for victims of domestic violence unless it complies with the minimum current requirements of the barrier-free design regulations as established by the State of New Jersey, Department of Community Affairs.
C.
No community residence for the developmentally disabled or community shelter for victims of domestic violence shall be located within one thousand five hundred (1,500) feet of an existing community residence or shelter.
D.
No community residence shall be considered for establishment within the municipality when the number of persons other than resident staff, resident at existing such community residences or community shelters within the municipality, exceeds fifty (50) persons or five-tenths (0.5) of the population of the municipality, whichever is greater.
E.
Signs shall not be permitted on the premises.
F.
Fencing and screening shall be provided along the side and rear property lines.
G.
Any such building, structure, or use shall be designed and arranged so as not to detract from the appearance of the general neighborhood nor have a detrimental effect on the value of adjoining properties.
H.
A set of building plans and specifications, along with a plot plan and statement setting forth the full particulars on the operation of the structure or use, shall be filed with the application.
I.
Any application shall not adversely affect the health, safety and welfare of the residents of the district. Furthermore, the proposed use shall be in keeping with the general character of the residential area, and sufficient landscaping, including trees, shrubs and lawn, shall be provided to serve as a buffer.
§ 97-124.13 Amusement machine arcades.
[Amended 11-28-89 by Ord. No. 22-89]
A.
An amusement machine arcade shall be permitted to be located only in the "I" Limited Manufacturing-Industrial zoning district of the Borough of Waldwick and such amusement machine arcade shall be allowed in such "I" district only upon approval by the Planning Board under a conditional use procedure. An amusement machine arcade shall not be permitted in any other zone even though such zone might permit those uses permitted in the "I" Limited Manufacturing-Industrial Zone.
B.
An applicant shall submit a site plan and an amusement machine arcade room layout in sufficient detail to allow such determination by the Planning Board.
C.
The following specific requirements shall apply to the location, layout and operation of an amusement machine arcade:
1.
A building within which an amusement machine arcade is the principal use or that portion of any building used as an amusement machine arcade shall be located at least two hundred (200) feet from any premises used as a public, parochial or private elementary, middle, junior high, high school, or premises upon which is located a place of worship. A building within which an amusement machine arcade is the principal use or that portion of any building used as an amusement machine arcade shall be located at least eight hundred (800) feet from another building or portion of a building used as an amusement machine complex.
2.
Adequate space shall be provided to reach a machine so as to allow its use without overcrowding. A minimum width between amusement machines of one and one-half feet shall be provided. The depth of the space in front of the machine shall be at least five (5) feet.
3.
Off-street parking in addition to that otherwise required for the users on the premises shall be provided in the amount of one space per two amusement game machines or the minimum required off-street parking for a retail use in the "I" District, whichever is greater. Adequate parking shall be provided per the Americans with Disabilities Act (ADA).
4.
Readily visible signs shall be installed, with their location, size and text, shown on the plans submitted to the Planning Board indicating the hours of operation and that persons under the age as specified in the licensing ordinance of Chapter 30 shall not be permitted during school hours to play such amusement game machine or amusement machine.
5.
A building or portion thereof used as an amusement machine arcade shall comply with requirements for a non-residential building in an "I" Zoning District as specified in this ordinance.
6.
To prevent obstruction of the public sidewalk and entry and exits to an amusement machine arcade, a special on-site area shall be set aside and designated for bicycle parking. Bicycle racks shall be provided at the rate of one bicycle space for every three amusement machines. Bicycle racks shall not be located in any required landscaped areas, walkways to buildings, driveways, required vehicular parking space nor shall such bicycle racks be spaced so as to obstruct any entrance or exit to any premises.
7.
An amusement machine arcade shall be designed to minimize noise emanating beyond the boundaries of such building or room containing amusement game machines or amusement machines.
8.
An amusement machine arcade shall at all times have at least one supervisory adult employee in attendance during operating hours. Between 3 p.m. and closing in addition to the supervisory adult employee, there shall be an additional adult employee to act as a security person whose sole responsibility is to maintain good order and compliance with all regulations.
9.
An amusement machine arcade shall maintain an operating telephone or other device to alert police, fire and ambulance services in the event of an emergency.
10.
At least two (2) bathroom facilities shall be provided for the exclusive use of the patrons. One bathroom facility shall be designated for use by members of the female sex and one for use by members of the male sex.
11.
There shall be at least two (2) emergency exit doors.
12.
All requirements of the Fire Underwriters Code and the Uniform Construction Code of the State of New Jersey shall be complied with.
§ 97-124.14 Banks.
A.
Banks are permitted as a conditional use in the C-2 Turnpike Commercial District or C-3 Neighborhood Commercial District, provided that the following standards and conditions are met:
1.
Minimum lot size shall be 18,000 square feet, and the minimum street frontage of such lot shall be 120 feet. If a bank is located on a corner lot, the minimum street frontage on each street shall be 120 feet.
2.
No part of any building or structure shall be located within 100 feet of any residential use or residential zone district boundary line.
3.
Minimum distance between driveways shall be 50 feet measured from the two closest driveway curbs.
4.
Trash areas shall be fully enclosed and at least 15 feet from any property line.
5.
Fencing, screening and buffers. Fencing and screening shall be provided along the side and rear property lines in accordance with the provisions of § 97-123.7C(11). All applicants shall provide buffers as defined in the ordinance and per the requirements of 97-119.9E.
6.
Stacking facilities to accommodate a queue of eight (8) vehicles shall be provided for each drive-through lane proposed in a drive-through bank. Each drive-through bank shall provide at least one (1) bypass lane to allow customers to exit the queue and depart the premises.
§ 97-124.15 Mixed-use developments.
A.
Mixed-use developments shall be permitted as a conditional use in the VC-2 Village Center District, VC-3 Village Center District and the C-1 Village Commercial District, provided that the following standards and conditions are met:
1.
Permitted uses on the ground floor of a mixed-use development shall include the following permitted uses in the C-1 District as listed in § 97-119.9A1, 2, 3, 4 and 13: retail trade stores, service uses, business and professional offices, personal services and child day care centers.
2.
One or more dwelling units shall be permitted on the upper floor(s) above any of the permitted ground floor uses in § 97-124.15A1. Access to upper floor uses shall be provided by means of a separate entrance than provided for ground floor uses.
3.
Minimum lot size shall be 10,000 square feet, and the minimum street frontage of such lot shall be 100 feet.
4.
Trash areas shall be fully enclosed and at least 15 feet from any property line.
5.
Fencing, screening and buffers. Fencing and screening shall be provided along the side and rear property lines in accordance with the provisions of § 97-123.7C(11). All applicants shall provide buffers as defined in the ordinance and per the requirements of 97-119.9E.
§ 97-124.16 Animal hospitals.
[Added 05-27-14 by Ord. No. 12-14]
A.
Animal Hospitals are permitted as a condition use in the C-1 Village Commercial District, C-2 Turnpike Commercial District, C-3 Neighborhood Commercial District, or I - Industrial District, provided the following standards and conditions are met:
1.
Minimum lot size shall be 25,000 square feet, and the minimum street frontage of such lot shall be 120 feet. If an animal hospital is located on a corner lot, the minimum street frontage on each street shall be 120 feet.
2.
No part of any building or structure shall be located within 100 feet of any residential use or residential zone district boundary line.
3.
Minimum distance between driveways shall be 50 feet measured from the two closest driveway curbs.
4.
Trash areas shall be fully enclosed and at least 15 feet from any property line.
5.
Fencing, screening and buffers. Fencing and screening shall be provided along the side and rear property lines in accordance with the provisions of § 97-123.7C(11). All applicants shall provide buffers as defined in the ordinance and per the requirements of § 97-119.9E.
7.
All such facilities must be licensed by and meet the requirements of any county, state or federal regulatory agency.
8.
Sufficient space shall be provided indoors for all animals kept at the facility, and no animals shall be kept outside between 9:00 pm and 8:00 am.
§ 97-125 Nonconforming Uses and Nonconforming Structures.
[Amended 12-12-00 by Ord. No. 22-00]
§ 97-125.1 Continuance.
Except as otherwise provided in this section, the lawful use of land, structures or buildings existing at the date of the adoption of this ordinance may be continued, although such use, building or structure does not conform to the regulations specified by this ordinance for the zone in which such land, structure, or building is located.
§ 97-125.2 Nonconforming lots.
No nonconforming lot shall be further reduced in size.
§ 97-125.3 Extensions, enlargements and discontinuance of nonconforming uses.
A.
No nonconforming use may be enlarged or expanded. In addition, a building or structure in which a nonconforming use is carried on may not be enlarged or expanded.
B.
The abandonment or discontinuance of a nonconforming use shall result in its termination. A nonconforming use shall be considered abandoned when there occurs a cessation of any use or activity by an apparent act or failure to act on the part of the tenant or owners to reinstate such use within a period of one (1) year from the date of cessation or discontinuance.
C.
The total destruction of a nonconforming use, or the total destruction of a building or structure in which a nonconforming use is carried on shall terminate the use.
§ 97-125.4 Extensions, enlargements and discontinuance of nonconforming structures.
A.
The total destruction of a nonconforming structure or building shall terminate the right to maintain the nonconforming structure or building.
B.
No nonconforming building or structure shall be enlarged, extended or increased, except that in residential zones, a nonconforming single-family dwelling or a single family dwelling on a nonconforming lot may be enlarged, extended or increased if:
1.
Said enlargement, extension or increase by itself conforms with all requirements of the zoning and site plan requirements of the Borough of Waldwick Land Use and Development Code and the dimensions and setback of said enlargement, extension or increase, when aggregated with the existing building, do not create or increase any yard, area, height, dimensional, bulk, parking or setback violation of Article XI, Zoning; and,
2.
The area of said enlargement, extension or increase, when aggregated with the area of the existing building, does not exceed the maximum lot coverage standard permitted in that zone.
§ 97-125.5 Certificate of nonconformity.
A prospective purchaser, a prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The application may be made to the zoning officer within one (1) year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Zoning Board of Adjustment.
§ 97-125.6 Conversion to permitted use.
No nonconforming use or structure shall, if once changed into a conforming use or structure, shall be changed back again into a nonconforming use or structure.
§ 97-125.7 Lots appearing on filed maps.
Lots appearing on maps which have been approved for filing and which have been filed in the office of the Registrar of the County of Bergen since the effective date of the Land Subdivision Ordinance of the Borough of Waldwick are hereby exempted from the minimum lot and yard requirements as provided in this ordinance. The minimum area of all contiguous lots in single ownership shall be those shown on said filed maps.
§ 97-125.8 Prevailing lot setbacks.
The minimum front and rear yard setback shall conform to the established set back of existing buildings within one hundred (100) feet of either side of said lot. If there are no existing buildings within one hundred (100) feet on either side of said lot, front and rear yard setbacks shall comply with the existing setback established in this ordinance. When the average lot width is less than as prescribed in the current zone district requirements, the side yard may be reduced by the percentage that the average lot width bears to the zone district requirements, but in no event shall a side yard be less than five (5) feet. Off-street parking requirements shall be complied with.
§ 97-126.1 Board of Adjustment.
All necessary elements permitted by the New Jersey Municipal Land Use Law regarding establishment, powers and function of the Board of Adjustment; conduct of hearings; notices; and appeals are thoroughly covered in Articles II through IV, (§§ 97-4 through 97-37) of the Land Use and Development Ordinance of the Borough of Waldwick.
§ 97-127.1 Review and hearings.
[Amended 4-23-96 by Ord. No. 5-96]
(See § 48:56A-27.)
§ 97-127.2 Certified court reporter.
If an applicant desires a certified court reporter, the cost of taking testimony and transcribing it with a copy of the transcription available to the Borough shall be at the expense of the applicant who shall also arrange for reporter's attendance.
§ 97-127.3 Appeals to the governing body.
[N.J.S.A. 40:55D-17]
(See § 48:97-83 of the Code of the Borough of Waldwick.)
§ 97-127.4 Signs.
(See § 48:97-84 of the Code of the Borough of Waldwick.)
§ 97-127.5 Building permits.
A.
Before any person shall commence to construct, erect, raise, alter or repair any building or structure, he/she shall first apply for and obtain from the Building Inspector a permit signed by him/her, and shall pay to the Building Inspector such fees as established by this ordinance.
§ 97-127.6 Certificates of occupancy.
Before any person shall occupy a building or structure which has been constructed, he/she shall first apply for and obtain from the Building Inspector a certificate of occupancy and shall pay to the Building Inspector the fees as provided for in Chapter 39.
§ 97-127.7 Zoning permits.
(See § 48:97-87 of the Code of the Borough of Waldwick.)
§ 97-127.8 Conditional use permits.
Following the review called for in § 97-128.7 for conditional use applications and approval of the application by the Planning Board, the Building Inspector shall be notified of the Planning Board's review and findings, and, if approved, said Inspector shall be instructed to issue a conditional use permit. No additional fee will be required other than that specified in § 97-127.1.
§ 97-128.1 Zoning Administrator.
It shall be the duty of the Zoning Administrator of the Borough of Waldwick to administer and enforce this ordinance. The Borough Building Inspector may be appointed Zoning Administrator. In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use would be in violation of any provision of this ordinance. It shall be the duty of the Zoning Administrator to cause any new buildings, plans or premises to be inspected or examined and to order in writing to the owner that any condition be remedied which is found to exist in violation of any provisions of this ordinance. He shall have the right to enter any building or premises during the daytime in the course of his/her duties.
§ 97-128.2 Building permit required; procedure for issuance.
No building in any district shall be erected, reconstructed, restored or structurally altered that is not in compliance with the New Jersey Uniform Construction Code (UCC), and that has not also been issued a building permit upon application to the Building Inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this ordinance. Any building permit issued in violation of the provisions of this ordinance shall be null and void and of no effect, without the necessity for any proceedings or revocation and nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful.
A.
Submission. Every application for a building permit shall contain the following information and be accompanied by the required fee and a plot plan drawn to scale and signed by the person responsible for such drawing. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based upon an actual survey of the lot by a licensed land surveyor in the State of New Jersey.
1.
The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected or of the lot on which it is situated, if an existing building.
2.
The block and lot numbers as they appear on the latest tax records.
3.
The exact location, size and height of the buildings and accessory buildings existing and proposed, or alterations of existing buildings or accessory buildings on the same lot.
4.
The dimension of all yards in relation to the subject building and the distance between such buildings and any other existing building on the same lot.
5.
The existing and intended use of all buildings, existing or proposed, the use of land and the number of families or dwelling units the building is designed to accommodate.
6.
The number and location of off-street parking spaces and off-street loading areas, existing and proposed, designed to accommodate the use proposed on such lot.
7.
Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this ordinance.
B.
Street access. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as stipulated in N.J.S.A. 40:55D-35 and 55D-36.
C.
Site plan approval. No building permit shall be issued for any building to be constructed or altered where such building is subject to the site plan review and approval of the Planning Board except in conformity with the plans approved by the appropriate municipal agency.
D.
Conditional use approval. No building permit shall be issued for a building to be used for any conditional use in any district where such use is allowed, except by approval of the Planning Board.
E.
Subdivision approval. No building permit shall be issued for any new building located in a subdivision unless that subdivision is duly approved by the Planning Board in accordance with the provisions of Article VIII, Subdivision of Land.
F.
Application. The building permit application and all supporting documents shall be made in triplicate. On the issuance of a building permit, the Building Inspector shall return one (1) copy of all filed documents to the applicant.
G.
Time of approval. The Building Inspector shall, within twenty (20) days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the Building Inspector shall state in writing to the applicant the reasons for such denial.
H.
Expiration of permit. Every building permit shall expire if the work authorized has not been commenced within twelve (12) months after the date of the issuance, or construction has not been completed within eighteen (18) months from such date of issuance.
I.
Building to be staked out. The lot and the location of the building thereon shall be staked out on the grounds before construction is started.
J.
Certified foundation survey. As soon as the foundation of a new building or alteration to an existing building is completed, and before the first story framing or wall construction is begun, there shall be filed with the Building Inspector a certified survey prepared by a licensed New Jersey land surveyor, showing the exact location of such foundation with respect to the street and other property lines on the lot.
§ 97-128.3 Zoning permit requirements.
Zoning permits shall be secured from the Zoning Administrator prior to the issuance of a building permit or construction, erection or alteration of any structure or part of a structure or sign or upon a change in the use of the land or a structure.
§ 97-128.4 Certificate of occupancy required; procedure for issuance.
The occupancy and use of a building or part of a building hereafter erected, structurally altered or moved, the change in use of an existing building, the change in use of land or the change in use of a nonconforming use or building shall be unlawful until a certificate of occupancy shall have been applied for and shall have been issued by the Building Inspector.
A.
Application requirements. Application for a certificate of occupancy shall be made for a new building, or an existing building which has been altered, on a form furnished by the Building Inspector. Such certificate shall show that the building or part of a building and the proposed use thereof conforms to the requirements of this ordinance. Such application shall be applied for when all construction is completed and a final inspection is desired certifying that the use and all improvements on the property meet the requirements of this and other applicable ordinances and codes of the Borough of Waldwick. It shall be the responsibility of the Building Inspector to notify all appropriate departments and agencies, including the Engineer and Sewer Authority, that an application has been made for a certificate of occupancy and that all final inspections should be made on the premises within five (5) days of notice and, where necessary, that they shall include their endorsement stipulating that all work has been complied with.
B.
Variance information. Every certificate of occupancy in connection with which a variance has been granted shall contain a detailed statement of such variance and of any conditions to which the same is subject.
C.
Time of approval. The Building Inspector shall, within ten (10) days after the filing of a complete and properly prepared application, either issue or deny a certificate of occupancy. If a certificate of occupancy is denied, the Building Inspector shall state in writing to the applicant the reasons for such denial.
D.
Duration. A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupation and use of the building or land to which it applies.
E.
More than one use in a building. In a building containing more than one (1) use a certificate of occupancy shall be required for each use. Upon the vacation of any building or use a new certificate of occupancy shall be required prior to reestablishment of a new use in such buildings.
F.
Owner's request. Upon written request by the owner, the Building Inspector shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this ordinance or of any applicable amendment thereto, certifying that such use, including the number of employees, and whether or not the use and/or building conforms to the provisions of this ordinance.
G.
Violation and revocation. The Building Inspector shall serve notice upon the owner of the property of a violation of any of the provisions or requirements with respect to any building or use thereof or of land, as specified within this ordinance. The certificate of occupancy shall become null and void and the owner of the property shall be deemed to be in violation of this ordinance and subject to the penalties prescribed in § 97-129. A new certificate of occupancy shall be required for any further use of such building or land.
H.
Records. A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall be furnished on request to any agency of the Borough or to any person having a proprietary or tenancy interest in the building or land affected.
I.
Monthly reports. A monthly report of all certificates of occupancy issued shall be filed with the Tax Assessor.
§ 97-128.5 Certificate of compliance.
[Added 2-10-87 by Ord. No. 1-87; amended 2-25-03 by Ord. No. 6-03; 9-11-12 by Ord. No. 15-12]
A certificate of compliance is a document certifying that a general inspection of the visible parts of the building has been made and that there are no apparent violations of regulations.
B.
Exceptions. The following transactions are exempt from obtaining a certificate of compliance:
C.
Application for certificate of compliance. The applicant shall apply for a certificate of compliance on the form provided by the Borough of Waldwick. A record of all certificates shall be kept on file at the office of the Construction Code Official, and copies shall be furnished upon request to any person having proprietary or tenancy interests in the building affected.
D.
Fees. The following fees shall be charged for the issuance of a certificate of compliance: (See§ 48:97-92-1D of the Code of the Borough of Waldwick).
E.
Time limitations for approval. All certificates of compliance shall be issued or denied within ten (10) days of the filing of the application. A certificate of compliance shall be deemed valid for one (1) year from the date of issuance. If a certificate of compliance is denied, the Construction Official shall state the reasons for the denial.
An appeal of denial must be filed within ten (10) calendar days of receipt of the denial. Such appeal shall be filed with the Board of Adjustment if the basis of the denial involves violation or interpretation of Article XI, Zoning. If the basis of the denial involves a violation of the Uniform Construction Code the appeal shall be taken to the Bergen County Construction Board of Appeal. If the basis of the denial involves a violation of the Health Code the appeal shall be filed with the Board of Health.
[Added 3-23-93 by Ord. No. 3-93]
F.
Inspections. The applicant shall permit the building to be inspected by the following Borough officials: Construction Official, who will be responsible for the inspection and who can recommend further inspection by the construction sub-code officials, Tax Assessor, Water Department, and Board of Health. Refusal to permit one (1) or more inspections shall result in the denial of the application. In addition to determining that the premises is in compliance with the property maintenance, Land Use and Development Ordinance, and all other applicable Municipal ordinances and State laws. A certificate of compliance inspection shall include a determination of compliance with the following:
1.
Installation of Smoke and Carbon Monoxide detectors in accordance with § 51-11 of the code of the Borough of Waldwick.
2.
Handrails shall exist for all stairways having three or more risers.
3.
No sump pump connections are to be connected to the sanitary sewer piping.
4.
All open construction permits are to be closed.
5.
All newly installed (within ten years) items such as a furnace, hot water heater, roof, siding, finished basement and electrical or plumbing work have all received the necessary and required permits.
7.
Garages converted to other uses without permit or Municipal approval (written proof required) shall be restored to a usable garage.
8.
House numbers are to be visible from the street.
G.
Responsibility for obtaining certificates. The responsibility for obtaining a certificate of compliance rests with the current owner of the property. No owner shall permit the occurrence of any event requiring a certificate of compliance under this section unless the requisite certificate has been issued, nor shall a tenant or occupant occupy any premises unless the requisite certificate has first been issued. Owners, tenants and occupants shall be jointly and separately responsible for failure to obtain the requisite certificate and are subject to penalties under § 97-129.1, entitled "Penalties". Transfer of title to real property may be permitted by the Construction Official provided the purchaser certifies in writing to the Construction Official that the purchaser shall correct all violations upon which the denial of the Certificate of Compliance was based in a reasonable time and further provided the purchaser and seller have established a reasonable escrow for the repair work.
[Amended 8-10-99 by Ord. No. 11-99]
H.
Notification. To assist in the enforcement of this section, a notice shall be included on all tax searches and added assessment searches prepared by the Tax Collector of the Borough of Waldwick, stating that a certificate of continuing occupancy is required for a change in use and occupancy, sale or the vacation of any building or portion thereof used for a residential purpose within the Borough of Waldwick; provided, however, that a failure to affix such notice shall not constitute a defense for the failure to obtain a certificate of continuing occupancy in violation of this section.
(See § 48:97-92.1 of the Code of the Borough of Waldwick.)
§ 97-128.6 Procedure for issuance of temporary use permits.
A.
Eligibility. It is recognized that it may be in accordance with the purpose of this ordinance to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this ordinance, if such uses are of such a nature and are so located that at the time of petition, they will:
B.
Procedure. Then the Board of Adjustment may subject to all regulations of this ordinance specified, direct the Zoning Administrator to issue a permit for a period not to exceed six (6) months. Such a period may be extended no more than once for an additional period of six (6) months.
§ 97-128.7 Procedure for issuance of conditional use permits.
The Planning Board, in reviewing conditional use applications shall use the guiding principles and standards set forth in § 97-124 to determine that the proposed use will not be detrimental to the health, safety and general welfare of the Borough and is deemed necessary for its convenience.
A.
Application for permits. Application for permit for any conditional use shall be made to the Planning Board by filing an application with the Zoning Administrator. Such application shall set forth and be accompanied by the following:
(1)
A site plan, drawn in accordance with Article IX, which site plan shall, in addition, show the location, type or kind of structure and present use of all buildings within two hundred (200) feet of any boundary line of the lot.
(2)
Where the applicant is a person other than the owner of the lot, the written consent of the owner or owners authorizing the filing of the application.
B.
Planning Board review. The Planning Board shall evaluate the proposed conditional use and its relationship and conformity to the goals, objectives and policies established by the Master Plan. In making its recommendations, the Planning Board may suggest any revision to the site plan, landscaping plan or other plans as will, in its opinion, cause the proposed conditional use to be in substantial conformance with the Master Plan and its principles of land use and development. The findings, conclusions and recommendations of the Planning Board shall be included in the record.
C.
Public hearing and notice. Within forty-five (45) days after the receipt of a complete application, the Planning Board shall schedule a public hearing on the application. At the time of the hearing the applicant shall present to the Planning Board:
(1)
Certification of public notice in the local official newspaper of the time, date, location and purpose of the public hearing on the application at least ten (10) days prior to the hearing as required by law.
(2)
Proof of service to all owners of record within two hundred (200) feet of the site of the application.
D.
Planning Board actions. The Planning Board shall, within ninety-five (95) days of the date of a complete application, approve or deny such application. In approving any such application the Planning Board may impose any modifications or conditions it deems necessary to carry out the intent of this ordinance or to protect the health, safety or general welfare of the community. If an application is approved the Zoning Officer shall be instructed to issue a conditional use permit upon request of the applicant in accordance with the terms and conditions of the Planning Board's approval. The Planning Board may respectively deny any such application that complies with the minimum standards contained in § 97-124 of this ordinance but would in its judgment be deemed detrimental to the health, safety and welfare of the Borough.
§ 97-128.8 Interpretation.
In the application and interpretation of this ordinance, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience and general welfare of the Borough. Whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standards shall govern.
§ 97-128.9 Appeal to governing body.
An appeal to the Borough Council from a decision of the Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d shall be made by serving the Borough Clerk, in person or by certified mail, a notice of appeal specifying grounds in accordance with the provisions of N.J.S.A. 40:55D-17. Such appeal shall be made within ten (10) days of the date of publication of such final decision. Appellant shall within five (5) days of service of the notice of appeal arrange for copies of the transcript from the hearing below to be made. Notice of the meeting to review the record shall be given to the applicant and those entitled to notice, by personal service or certified mail, at least ten (10) days prior to the date of the meeting. The Borough Council shall conclude a review of the record not later than forty-five (45) days from the date of receipt of the transcript of the hearing unless the appellant consents in writing to an extension of such period.
§ 97-128.10 Concurrent jurisdiction of Planning Board and Zoning Board of Adjustment.
In connection with powers exercisable hereunder, the designation "Zoning Board of Adjustment" shall be deemed to include "Planning Board" to the extent that the Planning Board has concurrent jurisdiction of power by virtue of N.J.S.A. 40:55D-60 or the Zoning, Land Use and Development Ordinance of the Borough of Waldwick, and the designation "Planning Board" shall be deemed to include "Zoning Board of Adjustment" to the extent that the Zoning Board of Adjustment has concurrent power or jurisdiction by virtue of N.J.S.A. 40:55D-76 or the Land Use and Development Ordinance of the Borough of Waldwick".
§ 97-129.1 Penalties.
See § 1:14.1 of the Code of the Borough of Waldwick.
§ 97-129.2 Action instituted by Borough Attorney.
In case any building or structure is or is intended to be erected, constructed or reconstructed, altered or converted, or any building or structure is or is intended to be used in violation or contrary to the provisions of this ordinance, the Borough Attorney shall, after authorization by the governing body and in addition to other remedies set forth in the statutes of the State of New Jersey and in this ordinance, institute an action to enjoin, or any other appropriate action or proceeding to prevent, such erection, construction, reconstruction, alteration, conversion or use.
§ 97-130.1 District changes; ordinance amendments.
The Borough Council may from time to time amend or change, by ordinance, the number, shape or area of the districts established on the Zoning Map and the regulations set forth in this ordinance in accordance with N.J.S.A. 40:55D-62.
§ 97-130.2 Severability.
If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause so adjudged, and the remainder of this ordinance shall be deemed valid and effective.
§ 97-130.3 Repealer.
Any and all other ordinances or parts thereof inconsistent with the provisions of this ordinance are hereby repealed to such extent as they are so deemed to be in conflict or inconsistent; provided, however, that the adoption of this ordinance shall not prevent or bar the continuance or institution of any proceedings for offenses heretofore committed in violation of any existing ordinance of the Borough of Waldwick.
§ 97-130.4 When effective.
This ordinance shall take effect immediately upon passage and publication in the manner provided by law.