Each principal building shall have uninterrupted frontage upon a street or upon a court. If said frontage is upon a court, the least dimension of said court shall not be less than 1 1/2 times the average height of the opposite bounding walls.

If the rear of any principal building shall be opposite any other principal building, it shall be distant therefrom not less than 1 1/2 times the average height of the opposite bounding walls.

The side of a principal building which is opposite to the side of another principal building shall be separated therefrom by a distance not less than the average height of the opposite wall, except that where two principal buildings front on a public street, the distance therebetween shall not be less than 1 1/2 times the average height of the opposite bounding wall.

An offset to a court or yard may be considered as part of such court or yard, provided that the offset is not deeper in any part than its width on the open side and that such open side in no case shall be less than six feet wide.

No front yard shall be used for services such as clothes drying, automobile parking or storage for the dwelling units.

A minimum of 80% of the dwelling units in any building shall be 3 1/2 rooms or less in size with no more than one bedroom; the remainder of said dwelling units in any one multifamily dwelling shall be not more than 4 1/2 rooms in size with not more than two bedrooms.

The minimum habitable area of three-and-one-half-room dwelling units shall be not less than 460 square feet on a single floor. The minimum area of the four-and-one-half-room dwelling unit shall be not less than 800 square feet on a single floor. In no event shall the minimum habitable area of any dwelling unit be less than 460 square feet on a single floor.

All buildings shall provide adequate facilities for the handling and disposal of garbage by maintaining an enclosed screened area or a separate building into which all garbage and refuse shall be deposited. Such facilities shall be shown on the building site plan.

The lot upon which a building in this zone is erected shall provide a landscaped, seeded or otherwise properly improved open space for outdoor play areas for small children and outdoor adult recreation; not less than 10% of the total square foot area of said lot shall be so devoted.

Off-street parking spaces shall be provided at the ratio of two spaces for each dwelling unit. No off-street parking area shall be permitted or provided within any required front yard area or in any required rear or side yard area abutting a side street or in any area devoted to any other use required or permitted under this chapter.

No building shall be constructed or erected of other than masonry brick and fireproof construction in conformity with the State Building Code.[1]

Density. The maximum number of separate dwelling units shall be 18 per acre.

Prior to the issuance of any building permit for the construction, erection or alteration of a building in an R-3 Zone, the applicant shall file the necessary application as required by Chapter 330, Subdivision of Land and Site Plan Review.

The owners of the buildings and land in this R-3 Zone are required to remove garbage, refuse and other waste materials from the premises to areas outside of the Borough limits of the Borough of Wallington on a regular and periodic basis at the owner's own cost and expense and, upon the failure to so do, in addition to any other remedy provided by this chapter or by any other ordinance of the Borough of Wallington or other applicable law, the governing body of the Borough of Wallington shall have the right to revoke any certificate of occupancy issued for the use and occupation of any building(s) or dwelling units erected on the property. In addition, the owner of the land upon which a building is erected in this zone shall provide for the removal of snow from any street, road, right-of-way and parking area(s) providing means of ingress and egress to the buildings erected on the property in accordance with § 325-1 of the Code.[2]

In addition to any other remedy available to the Borough of Wallington under the terms of this chapter or any applicable law, if the property owner of the property upon which the building(s) is erected within this zone fails to remove garbage, refuse, waste or snow as is required under the terms of this chapter or any applicable ordinance or law, the Borough Health Officer, Construction Official or Superintendent of Public Works shall give or cause to be given written notice to the aforesaid owner, his or its agents, servants or employees to remove the aforesaid material within 24 hours after service of the notice in the case of garbage, refuse and waste and within six hours in the case of snow. Such notice may be served in person, by registered mail, certified mail or telegram. If the owner shall fail to remove the garbage, refuse, waste or snow within the time required by the notice referred to above, then the same shall be removed by or under the direction of the Superintendent of Public Works of the Borough of Wallington or the Department of Public Works of the Borough of Wallington, at the cost and expense for said removal and disposal of the owner. The Superintendent of Public Works shall cause the costs and expenses of such removal and disposal to be certified, as nearly as can be ascertained, to the Borough Council of the Borough of Wallington. The Borough Council shall examine the certificate and, if found to be correct, shall cause the costs as shown to be charges against said lands. The same so charged shall forthwith become a lien upon such lands and shall be added to and become a part of the taxes next to be assessed and levied upon such lands. Such lien shall bear interest at the same rate as taxes and shall be collected in the same manner as taxes. The provisions of the Municipal Land Use Act[3] shall apply in the event that any provision in this subsection is at variance therewith.

Where a business structure is located adjacent to an existing business structure, the side yard adjacent to said existing business need not be required, provided that there is vehicle access to the rear yard.

Business structures or uses shall not display goods for sale purposes outside of the structure in which such activity is carried on.

No storage of any kind is permitted in the B Zone other than within an enclosed roofed building as in the Schedule of Area, Bulk and Yard Requirements.[1]

No building or premises shall be used and no building erected which is arranged, intended or designed to be used for any kind of manufacturing or treatment of products, except that any kind of manufacturing or treatment of products not included within the prohibition of this subsection may be carried on if it is customarily incidental to the conduct of a retail business conducted on the premises. However, the space used for such manufacturing or treatment of products shall not exceed 25% of the total floor space occupied by such retail establishment on the premises.

Uses permitted in the LI-C Zone shall be only those which are normally such that at no time will such use cause or result in any:

No burning of materials in open fires shall be permitted.

No discharge into any disposal system or stream or into the ground of any materials of such nature or temperature as can contaminate any water supply, damage any pipe or conduit or cause the emission of any discernible odor shall be permitted.

Loading and unloading facilities on the same lot with the principal building shall be provided to meet estimated normal demand for such facilities incidental to respective industrial uses. Said area shall not be located in the required front yard space and shall not be less than 10 feet from any street or lot line.

No storage of any kind is permitted in the LI-C Zone other than within a roofed building so as to obscure said storage from view along any road or from any residential or business zone.

No light industrial use shall be permitted in the LI Zone that causes dust, fumes, gas or odors to be disseminated beyond the boundaries of the lot upon which such use is situated at a height less than the maximum height permitted by structures; and provided, further, that said use does not cause noise which exceeds, in levels, frequency or intensity, that of street traffic at the front lot line and, further, that said use does not produce glare observable from beyond the boundaries of the lot upon which it is situated and, further, that the production equipment is cushioned to prevent vibration from being experienced beyond the lot line.

The storing, warehousing, shipping, transferring and wholesale distribution of products that are packaged in closed containers shall be permitted, provided that handling takes place within or upon platforms of the building.

Restaurants and other eating and drinking establishments shall be permitted, provided that all food consumed upon the premises is served for consumption within an enclosed building.

Laboratories for research or experimentation, other than for animals and hazardous chemicals, shall be permitted.

No dwelling houses within the R-4 Zone shall look alike within six lots on the same side of the street. For the purposes of this section, "look-alike homes" shall be those in which the rooflines, roof designs, type of windows, shutters, doors, exterior colors and exterior materials create an appearance in which two homes look substantially alike in that they have the same basic design and facade.

All dwelling houses and other permitted buildings within the R-4 Zone shall be provided with liberal and functional professional landscaping schemes. Roads, sidewalks and other pedestrian walks shall be provided with shade trees with a minimum diameter of 2 1/2 inches and of a non-disease-prone type as shall be approved by the Planning Board of the Borough of Wallington. Open space adjacent to buildings and border strips along the sides of pedestrian walks shall be graded and seeded to provide a thick stand of grass or trees and shrubs.

Parking requirements.

Site plan approval by the Planning Board of the Borough of Wallington shall be required for all new construction or major alteration of any construction within the CB Zone. The applicant and the property owner shall be required to provide, maintain and create the planting area not paved or covered with impenetrable material, which area shall not be less than 15% of the total lot area. Any site plan approval given in connection with property in the CB Zone shall expire one year from the date of said approval unless substantial work is performed by the property owner pursuant to said approval. The Municipal Land Use Law[1] shall supersede this provision if in conflict with the same.

Such planting area need not be all in one area of the lot, and the computation of the planting area shall include any planted areas on the lot of at least 50 square feet, including any required buffered area.

The planted area shall retain and drain the soil within the planted area with a minimum of required maintenance and shall be protected by continuous concrete curbing.

No owner, developer, applicant or occupant of any lot within the CB Zone shall cause the removal of any trees or shrubs in excess of four inches in diameter at the base except by Borough approval contained in a building permit, soil approval or site plan approval.

The applicant shall submit to the Planning Board a landscape plan for any planting or buffer area required by this chapter. The landscape plan shall be prepared at a scale of not less than 1/8 inch equals one foot for all planting areas and shall provide complete information as to the identity, species, size and location of all materials to be installed in any required planting or buffer area.

The Planning Board may designate the size, dimensions and locations and particular deciduous trees, evergreens, coniferous or broadleaf and perennial deciduous shrubs appropriate to the particular planting areas designated. Such plantings shall be installed by the applicant or the owner prior to the issuance of any certificate of occupancy or final site plan approval.

The applicant also may be required to install fill and topsoil and to provide new grades and elevations in accordance with good landscaping practices and in a good and workmanlike manner. Such installation shall be subject to the approval of the Borough Engineer of the Borough of Wallington.

The criteria to be considered in determination of the location, size and content of any planting area shall include the following:

Any required ground covers shall be evergreen varieties such as pachysandra, vinca minor and other ground covers approved by the Planning Board that do not form an impervious surface. They shall be planted with sufficient organic sanitary material, topsoil, peat moss and the like so that the same shall be likely to thrive.

The planting areas shall be designed to be of plant material that requires a minimum amount of maintenance. Such planted areas shall be maintained in a clean and presentable manner with live plant materials in healthy, disease-free condition, and the owner of the property shall replace any materials that die or become disease-ridden within 30 days after the season permits and after written notice, by certified mail, return receipt requested, to the owner or occupant.

The following design and architectural criteria shall apply to all construction or alteration of construction within the CB Zone:

Signs.

Prior to the issuance of any building permit for the construction, erection or alteration of a building in a CB Zone, the applicant shall comply with Chapter 330, Subdivision of Land and Site Plan Review.