A drive-through window for a restaurant shall be permitted only if the subject restaurant is part of a shopping center or is otherwise associated with a shopping center with direct vehicular access thereto.

A drive-through window for a restaurant shall be permitted only if the subject restaurant does not have direct driveway vehicular access to a public street.

A drive-through window for a restaurant, the accompanying driveway, and any associated signage shall be set back a minimum distance of five hundred (500) feet from any lands zoned for residential development.

A drive-through window for a restaurant, associated signage and driveway shall be visually screened from adjacent properties by landscaping.

Any membership swim club shall have a minimum lot size of ten (10) acres.

No parking area shall be located within fifty (50) feet of a property line adjoining a residential use.

Said use shall have access to a public street.

No edge of any pool shall be closer than seventy-five (75) feet from a property line adjoining a residential use.

The total land devoted to the use of the pool shall be enclosed with a fence in accordance with applicable requirements.

No lighting shall be directed or reflected upon any residential building or adjacent property. All lighting shall be in compliance with the applicable National Electric Code.

All pools shall be landscaped to effectively screen the view of the pool from neighboring properties.

All pools shall be kept neat and attractive, and no rubbish, debris or litter shall be permitted to remain or accumulate in or about the pool.

The design of all pools shall comply with applicable construction code standards.

Landscaped buffer of twenty-five (25) feet between the property line and any adjoining residential property.

The club shall not be open for use between 11:00 p.m. and 8:00 a.m.

For purposes of this chapter, the term "public utility uses" shall include such uses as telephone equipment centers, power substations, sewage treatment plants and other utilities serving the public, but shall exclude dumps, sanitary landfills and telecommunications towers except where otherwise permitted by ordinance.

The proposed installation of a public utility use in a specific location must be necessary for the convenient and efficient operation of the subject public utility and for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located. The application for conditional use and site plan approval shall include a statement setting forth the need and purpose of the installation.

The design of any building in connection with the public utility installation and improvement of such site must not adversely affect the safe and comfortable enjoyment of the properties in the surrounding area.

Adequate fences, screening devices and other safety devices must be provided as may be required. Fences, when used to enclose public utility installations such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of the construction.

The maximum building coverage shall be thirty-five percent (35%) and the maximum lot coverage shall be fifty percent (50%). Landscaping, including shrubs, trees and lawns, shall be provided and maintained.

Off-street parking and buffer screening shall be provided as determined by the Planning Board during site plan review.

The minimum lot size for service stations shall be thirty thousand (30,000) square feet. The minimum lot width and lot frontage shall be one hundred fifty (150) feet.

The minimum required front yard setback shall be thirty (30) feet for any structure except permitted signs, the minimum required side yard setback shall be twenty (20) feet for any structure, and the minimum required rear yard setback shall be twenty-five (25) feet for any structure. Gasoline filling pumps or air pumps shall be permitted within the required front yard setback, but shall be no closer than fifteen (15) feet from any street line or side lot line.

No new service station shall be located within five hundred (500) feet of any residential zone boundary nor within one thousand (1,000) feet of any property upon which a firehouse, school, playground, church, hospital, public building or institution is located. Moreover, any service station which had been abandoned and which is proposed for reuse as a service station shall meet the location requirements specified herein.

All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building except as specifically approved as part of a site plan application.

No damaged, wrecked or dismantled vehicle, junk or trailer shall be allowed to remain in the open on the premises, but must be kept completely within a building or behind a fence screening at least six (6) feet in height so as not to be visible from the street fronting the premises or from any adjoining property. In any case, no damaged, wrecked or dismantled vehicle, junk or trailer shall be kept on the premises for a period exceeding seven (7) days and, further, no more than seven (7) vehicles awaiting repair and/or service including commercial vehicles otherwise kept on site shall be stored overnight on the premises.

The maximum building coverage shall be thirty percent (30%) and the maximum lot coverage shall be sixty-five percent (65%). Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area.

The exterior display, storage and parking of motor vehicles, trailers, boats or other similar equipment for sale or rent shall not be permitted as part of a service station.

There shall be no outside display or storage of merchandise, supplies, product, equipment or similar material or objects unless specifically approved as part of a site plan application, unless such accessory goods or supplies for sale are contained within a permanent rack, case, cabinet or enclosure of metal or other fireproof material and located on the pump islands or within the principal building.

No gasoline service station shall accumulate or store any used parts or tires, whether for sale, storage or waste, on any portion of the premises, unless enclosed within the principal building. Drainage from crankcases shall be kept in closed metal containers, and an oil interceptor shall be provided, subject to the approval of applicable Borough officials. Where flammable liquids are kept, used or handled, provision for, and the use of, dry sand, chemical extinguishing devices or materials shall be as directed by the Fire Department. A reasonable quantity of containerized and labeled and identified noncombustible absorbents, such as sand, shall be kept conveniently available for use in case of leakage or overflow. All storage shall be in compliance with applicable regulations including N.J.S.A. 13:1D et seq.

All gasoline and other fuels shall be kept in tanks of an approved design and the tanks shall be buried so that the tops of the tanks shall be at least three (3) feet below the surface of the ground.

Service stations shall provide off-street parking in accordance with the following provisions:

Any building or buildings to be erected for use as a service station, or in connection therewith, shall be of masonry construction with a fire-resistive roof.

Service stations shall provide one (1) public rest room facility for male use and one (1) public rest room facility for female use.

Food marts, where the sale of food items requires additional floor area above and beyond that which is customarily necessary for a service station, shall be considered "fast food convenience stores" and are not permitted as part of a service station.

Service stations may be permitted one (1) freestanding sign and one (1) sign attached flat against the building. The freestanding sign shall not exceed an area of fifty (50) square feet and a height of ten (10) feet, and shall be set back at least ten (10) feet from all street rights-of-way and lot lines. The signs attached to any building on site shall not exceed thirty (30) square feet in area. Additional signage shall be permitted as may be specifically approved by the Board.

Any part of the site subject to access by motor vehicles shall be hard-surfaced, with concrete or bituminous concrete or asphalt, and shall be graded and drained to adequately dispose of all surface water accumulated. Provision shall be made to prevent gasoline spills or spills from other hazardous substances from flowing into the interior of station buildings or upon the highway or into streams by grading driveways, raising door sills and/or other equally effective methods.

In addition to the general site plan requirements, scaled maps accompanying the application for any service station shall clearly delineate the following:

All of the other area, yard, setback and general requirements of the respective zones and other applicable requirements of this chapter shall be met.

In a residential district, a fence or wall may be erected to a total height of four (4) feet above the ground, except that the supporting post may extend to a height of four and one-half (4 1/2) feet above the ground. However:

Along boundaries of residential and nonresidential districts, a fence or wall may be erected to a height of six and one-half (6 1/2) feet above the ground, except that the supporting post may extend to a height of seven (7) feet above the ground, to screen nonresidential activities from the view of abutting residences. Fences in this instance may exceed the restrictions contained in § 28-502A.

Except where specifically prohibited under the terms of any other applicable ordinance or regulation of the Borough, nothing herein shall be construed to prohibit the use of hedges, trees or other planting anywhere on a lot.

Restrictions herein contained shall not be applied so as to prohibit the erection of a wall for the purpose of retaining earth or otherwise contouring or terracing the property.

For purposes of measuring the height of a fence for this subsection, the height of the fence shall be measured from the lowest surface of the ground to the highest point of the fence throughout its entire length, with each supporting post(s) to the measure from the finished grade at the base where embedded at ground level to the height point of the post.

Fences that meet the requirements of § 28-502 and the minimum requirements for swimming pool fences under the Building Official and Code Administrators ("BOCA") International, Inc., as amended by the State of New Jersey Uniform Construction Code ("UCC") may be used.

Pursuant to Section 28-502A1d, fences around a swimming pool are allowed to a maximum height of six (6) feet provided that the following conditions are met:

Purpose. The purpose of this subsection is to ensure vehicular access by emergency vehicles, including police vehicles, ambulances and fire trucks, to properties within the Borough of Watchung; and to avoid situations where driveway entrance posts have either been too narrow to allow safe passage of fire apparatus, or where the driveway gates would not open or had to be forced open to allow passage.

The minimum distance between driveway entrance pillars, columns or fence posts shall be twelve (12) feet, measured at a right angle across the driveway.

Up to thirty (30) feet of driveway before and after the opening between entry pillars or posts shall be as straight as possible. The calculation for the first thirty (30) feet of the entry driveway may include the public right-of-way. If the thirty (30) feet of driveway before or after the entry pillars or posts curves more than four (4) feet off the center line between the posts, then the opening between the posts shall be increased to fourteen (14) feet.

The minimum setback between the driveway entrance/gates and the curbline of the roadway (public or private) shall be fifteen (15) feet.

There shall be no archway or other structure spanning the driveway above the entry pillars or posts.

Any gate within the driveway entrance, the posts of which shall meet the requirements of subsections 28-502P2, 3 and 4 above.

For electrified mechanical or hydraulic driveway gates of any type which open automatically when a vehicle approaches or when a button is pushed or a code is pressed into a keypad or by any other method, a release lever that allows the gate(s) to be opened by hand shall be installed in a prominent place that is accessible from outside the gate.

Driveway security gates of any type that open by hand or with electric or hydraulic power which can be locked shall have an access key placed in a lock box approved by the Township Fire Official. The lock box and the lock to open the gate shall be accessible from outside the security fencing and gate. Keys to all lock boxes will be carried by Township police officers. Key pads and combination locks shall not be used on security gates. If the driveway entry has a gate and also a gate house that is manned 24 hours a day by a full-time security guard, a lock box shall not be required.

The requirements of this section shall apply to all uses in the Borough. Except as provided in this chapter, no application for a building permit shall be approved unless there is included with the plan for such building, improvement or use, an area showing the required space reserved for parking and loading provided and designed in accordance with this chapter as set forth in § 28-607. A certificate of occupancy shall not be issued unless the required parking and loading facilities have been provided in accordance with those shown on the approved plan except that where, due to weather conditions, paving is not possible, a temporary certificate of occupancy may be issued for a specified period of time, at the end which said temporary permit shall expire and the improvements shall have been completed. Such period of time shall not exceed one hundred twenty (120) days.

Off-street parking areas shall be located on the same lot as the main building or principal use of the property served by said parking area. Notwithstanding any provision of this chapter to the contrary, parking to serve a development containing low and moderate income housing units may be provided on a lot in another zone adjoining the R-M-L VI Zoning District subject to Planning Board approval or approval by the Board having jurisdiction and further provided that the area of any such lot containing such use adjoining the R-M-L VI Zoning District shall not be included in the land area calculation for density purposes

Landscaping shall be provided in all parking areas serving multi-family residential and all nonresidential uses in accordance with the design requirements of Article 28-600.

Except as provided herein, off-street parking for residential uses shall be provided and designed in accordance with RSIS. Off-street parking requirements for multi-family development approved or completed within any R-M-L Mount Laurel or other multi-family residential district as of June 3, 1997 shall remain in compliance with this chapter.

Except where regulated by RSIS in connection with a subdivision or site plan, detached single-family dwelling units shall be provided with two (2) spaces per 2-bedroom unit; three (3) spaces per 3-bedroom unit; three (3) spaces per 4-bedroom unit; and four (4) spaces per 5 or more bedroom unit.

The placement of off-street parking and driveways for single-family residential uses shall be in compliance with the requirements of § 28-401W.

All parking and loading areas shall be designed in accordance with the standards contained in Article 28-600 of this chapter. Stormwater drainage for all parking and loading areas shall be designed in accordance with Article 28-600 so as to prevent damage to adjoining properties. All parking and loading areas shall be maintained in a clean, orderly and dust-free condition.

Where off-street nonresidential and multi-family parking, loading or service areas are located adjacent to any lot in a residential zoning district and where such parking, loading or service areas are not entirely screened visually from such lot by an intervening building or structure, there shall be provided a continuous planting screen at least five (5) feet in height.

Garage space or space within buildings, basements, or on the roofs of buildings, if permitted, may be used to meet the parking requirements of this chapter.

Parking spaces and loading spaces shall be clearly marked on the pavement and/or with markers, directional arrows, or traffic directional signs in accordance with the design requirements of Article 28-600.

Parking areas for individual nonresidential uses shall be designed to be interconnected with adjacent nonresidential properties and shall utilize common entrance(s) and exit(s), where feasible, to minimize access points to the street.

The off-street parking requirements for two (2) or more uses whether the same or different types of use, may be satisfied by allocating some or all of the required parking for each use in a combined parking facility, provided that the total number of parking spaces is not less than the sum of the required spaces for each individual use and the other design requirements of this chapter are satisfied. Off-street parking facilities for one use shall not be considered as providing off-street parking for another use, except that one half (1/2) of the off-street parking spaces required by any use where peak utilization of the parking facilities will be at night or on Sundays (such as houses of worship, theaters and assembly halls), may be assigned to a use that will be closed at night or on Sundays.

The number of off-street parking spaces and loading spaces required by land or buildings used for two (2) or more purposes shall be the sum of the requirements for the individual uses.

No off-street parking or loading area shall be used for the sale, repair, dismantling, or servicing of any vehicle, equipment, materials, or supplies.

Nonresidential uses shall be provided with adequate off-street parking to accommodate the permitted activities and shall be subject to approval by the Board during site plan review. Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different activities with different specified parking requirements, the total number of required parking spaces shall be obtained by computing individually the parking requirements for each different activity and adding the resulting numbers together. Parking requirements based on square footage increments or other standards shall include the number of spaces rounded up to the nearest whole number for any fraction thereof.

In the case of a use not specifically mentioned in the parking schedule above, the requirements of off-street parking facilities for a use most similar, compatible or consistent with the use that is mentioned, shall apply. In the event that there is no similar, compatible or consistent use, off-street parking requirements shall be determined by the Board based upon accepted industry standards.

Each principal use shall provide for off-street loading and unloading with adequate ingress and egress from streets and with adequate space for maneuvering and shall provide such area at the side or rear of the building. A minimum of one (1) space shall be provided for each building. Additional spaces may be necessary and required by the Board depending upon the specific activity. There shall be no loading or unloading from the street.

There shall be at least one (1) solid waste pickup location including provision for recyclable materials collection provided by each building which shall be separated from the parking spaces by either a location within the building or in a pick-up location outside the building within a metal container, located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of all three. If located within the building, the doorway may serve both the loading and solid waste functions and if located outside the building, it may be located adjacent to or within the general loading area(s) provided the container(s) in no way interferes with or restricts loading and unloading functions.

No loading or solid waste area shall be permitted in the front yard.

Permits Required. It shall be unlawful for any person to erect or structurally alter any sign without first obtaining a permit and making payment of the fee required by the Uniform Construction Code of the Borough of Watchung. The erection or relocation of a freestanding sign as defined herein shall require minor site plan submission prior to issuance of any permit.

Reference to Zoning Districts. Except as otherwise provided, no outdoor sign or other form of exterior advertising shall be erected or maintained unless the sign complies with the requirements established in this Article for each zoning district.

Professional nameplate signs indicating the name and profession of the occupant of a dwelling, provided such signs do not exceed two (2) square feet. Said signs shall not be lighted between the hours of 9:00 p.m. and 8:00 a.m.

Temporary signs placed on windows in commercial establishments or on any other interior or exterior surface of commercial establishments covering no more than twenty-five percent (25%) of the total window area of any given side of the building. Such signs shall not be placed on establishment doors. Glass used in any such doors shall be excluded from calculations for total window area coverage under this section. Such temporary signs shall not be placed for periods exceeding thirty (30) days in duration.

Temporary signs of nonprofit and charitable organizations announcing a special event or function provided such signs do not exceed thirty-two (32) square feet. Such temporary signs shall not be placed for periods exceeding thirty (30) days in duration and shall be removed within five (5) days after completion of the event or function.

Bulletin boards not over sixteen (16) square feet in area for public, charitable or religious institutions when same are located on the premises of said institutions and located no less than twenty-five (25) feet from any lot line.

Signs denoting the architect, engineer or contractor, when placed upon work under construction, and not exceeding sixteen (16) square feet in area. Said signs shall be permitted for fourteen (14) days on any one (1) project while the work is under construction. Such sign shall be located no less than ten (10) feet from any lot line.

Memorial signs or tablets, names of buildings and dates of construction when cut into any masonry surface or when constructed of bronze or other incombustible metal.

Temporary signs indicating a political preference for a person and/or political party seeking election provided such signs do not exceed sixteen (16) square feet in area on any one (1) side. Said signs shall be placed no sooner than thirty (30) days prior to the election and shall be removed within five (5) days after the completion of the election.

Traffic directional signs as follows:

On-site real estate or lease signs not exceeding four (4) square feet in area and off-site real estate sales/directional signs not exceeding four (4) square feet in area, when erected and maintained in accordance with the requirements set forth in Subsections E, F, and G in this section.

No sign shall be erected, used or maintained which in any way simulates official, directional or warning signs erected or maintained by the State of New Jersey, by any county or municipality thereof, or by a public utility or similar agency concerned with the protection of the public health or safety.

No neon sign or similar illustrated advertisement shall be of such color or located in such a fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device.

The following advertisements are specifically prohibited: any advertisement which uses a series of two (2) or more signs placed in a line parallel to the highway or in similar fashion all carrying a single advertisement message, part of which is contained on each sign.

No sign shall have flashing lights or exposed high flashing lights or exposed high intensity illumination.

No sign may be placed in such a position to cause a danger to traffic by obscuring visibility.

No sign may obstruct any window, or opening intended to provide light by more than twenty-five percent (25%) of the total window, or opening.

Exterior signs using moving parts or banners, spinners, pinwheels, flags, pennants or similar signs are prohibited, with the exception of clocks and weather information.

Signs visible from the street using the word "stop" or "danger" or any other word, phrase, symbol or character simulating a public safety warning or traffic signal.

Roof signs on buildings, structures and vehicles excluding commercial vehicles advertising the intended use.

Signs or advertising matter of an indecent or obscene nature as defined by law.

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

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

Signs on vacant property, excluding commercial properties advertising future use, advertising a proposed use without Borough Planning or Zoning Board approval.

Billboards, outdoor display structures and signs mounted on trailers, platforms and atop vehicle(s). No existing billboard structure may be replaced.

Signs projecting more than three (3) feet from the wall of a building and all roof signs.

Signs other than officially authorized signs, tacked, pasted, painted or otherwise attached to poles, posts, trees, fences, sidewalks or curbs.

No sign other than official traffic control devices or street signs shall be erected within, or encroach upon, the right-of-way of any street unless authorized by other ordinances or regulations of the Borough.

Signs rotating or moving by mechanical means.

Illumination. All signs shall be shielded to prevent the direct rays of illumination from being cast onto adjoining properties and approaching vehicles.

Location. No sign shall be located in a required buffer area.

Nonconforming Signs. Nonconforming signs shall not be enlarged, relocated, altered or rebuilt. Further failure to keep such signs in good repair for a period of six (6) consecutive calendar months shall constitute abandonment and the sign shall not be replaced or rehabilitated and shall be removed by the owner.

Maintenance of Signs. Signs and, in the case of permitted freestanding signs, the mounting area on the ground level beneath the sign, must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated or unsightly. Any sign that is or shall become dangerous or unsafe in any manner whatsoever shall be repaired and made safe or shall be removed.

Permit Required. No temporary or permanent sign(s) shall be installed without first obtaining a temporary or permanent sign permit from the Zoning Officer, unless specifically exempted by this chapter.

Permitted Hours of Illumination. All signs may be illuminated during the hours of operation of that particular business but in no event later than 1:00 a.m. in the HD District and 10:00 p.m. in all other permitted districts.

Signs not exceeding one (1) square foot for entrances and exits to driveways or for warning or directional purposes.

Identification signs for schools, churches or similar public or quasi-public institutions, clubs, lodges, farms, estates or similar uses provided the area of such signs does not exceed twenty (20) square feet. No such sign shall be located closer than twenty-five (25) feet to a lot line.

Signs advertising the sale of products from a farm as defined in this chapter, when the products are grown or raised on the premises, provided the area of such signs does not exceed thirty-two (32) square feet. All such signs shall be located at least twenty-five (25) feet from the edge of pavement or ten (10) feet from a lot line, whichever is greater.

Windsocks, flags, holiday banners and wind chimes.

One (1) unlighted real estate sign, not over four (4) square feet in area, that is located on the building or lot that is advertised for sale or lease, provided that the same is removed within ten (10) days of the execution of a contract relative to the sale or lease of the property.

One (1) unlighted "garage sale" sign per lot that advertises a garage sale on that lot, provided that the sign is removed no later than the day after the end of the sale. Said sign shall not exceed four (4) square feet in area, shall not extend more than seven (7) feet above the ground, shall not interfere with the safe movement of vehicles on adjacent roads and shall not be installed more than five (5) days prior to the date of the sale. "Garage sale" signs placed off-site shall be subject to the same requirements stipulated in the sentence above as well as the following: (a) "garage sale" signs shall be situated only at intersections where a motorist must change direction to find the garage sale and provided that no more than one (1) "garage sale" sign shall be permitted at any single intersection; and (b) no "garage sale" sign shall be located at an intersection controlled by a traffic control signal.

(Reserved)

Open House Signs. Open house signs shall be permitted in the Borough in accordance with the following conditions, limitations, and restrictions:

The maximum height of any ground freestanding sign shall not exceed four (4) feet except as exempted elsewhere in this chapter.

A sign shall identify only the business or use conducted on the premises except that one (1) directory freestanding sign in addition to business or use identity sign shall be permitted in accordance with paragraphs 5 through 8 below and that the height of a directory sign shall not exceed ten (10) feet.

Sign(s) attached to a wall of a building shall not exceed five (5) feet in vertical dimension nor exceed in width more than fifty percent (50%) of the width of the wall to which it is attached.

The sign area for signs attached to a wall of a building shall not exceed ten percent (10%) of the area of the wall to which the sign is attached. No one (1) individual sign attached to a wall of a building shall exceed one hundred (100) square feet in area.

Temporary signs covering any portion of the inside windows of grocery stores which have a gross floor area exceeding twenty thousand (20,000) square feet provided, however such signs shall not exceed fifty percent (50%) of the gross window area. The covering of windows located on doors is prohibited.

The maximum above ground height of any freestanding sign shall not exceed the lesser of eighteen (18) feet or the height of the principal building.

Freestanding signs shall not exceed fifty (50) square feet in area and shall be limited to one (1) per lot except for corner lots, for which one (1) sign per street frontage will be allowed provided the total street frontage exceeds three hundred (300) feet.

No freestanding sign shall be located closer to a lot line than ten (10) feet (excluding the right-of-way line) or the height of the freestanding sign, whichever is greater.

No freestanding sign shall be permitted in a side yard or rear yard.

One (1) unlighted real estate sign, not over four (4) square feet in area, advertising the sale or lease of the building or lot upon which the sign is maintained, provided that the same is removed within ten (10) days of the execution of a contract relative to the sale or lease of the said property. One (1) unlighted garage sale sign, not over four (4) square feet in area, advertising a garage sale upon the lot which the sign is maintained, provided that same is removed immediately upon the end of the garage sale. "Garage sale" signs placed off site shall be subject to the same requirements stipulated in the sentence above as well as the following: (a) "garage sale" signs shall be situated only at intersections where a motorist must change direction to find the garage sale and provided that no more than one (1) "garage sale" sign shall be permitted at any single intersection; and (b) no "garage sale" sign shall be located at an intersection controlled by a traffic control signal.

The Zoning Officer may allow, on a individual basis and upon showing of substantial need, a limited number of unlighted real estate sale or lease, directional signs, and garage sale signs not over four (4) square feet in area, to be placed at locations approved by the Zoning Officer and for limited periods as also approved by the Zoning Officer.

Open House Signs. Open house signs shall be permitted in the Borough in accordance with the following conditions, limitations, and restrictions:

A Regional Retail Shopping Complex may have two (2) internally illuminated freestanding signs identifying the name of the shopping complex and other information as may be approved by the Board having jurisdiction, with each sign not exceeding one hundred fifty (150) square feet on each side. Each free-standing sign may be attached to a decorative tower as may be approved by the Board. Each freestanding sign shall not exceed twenty (20) feet in height and each sign and any decorative tower to which it is attached shall be set back at least five (5) feet from the Blue Star Drive conservation easement and at least thirty (30) feet from all other property lines.

Where an individual activity occupying at least five hundred (500) square feet of net habitable floor area has direct access from the outside, an additional sign identifying the name of the activity also shall be permitted to be attached flat against the building at the entrance to the activity. The size of each additional sign shall be equal to one (1) square foot of sign area per one (1) linear foot of building frontage occupied by the activity.

Where the design of a regional retail shopping complex includes a roof over a common walkway along the front of a building, an additional sign identifying the name of an individual activity occupying at least five hundred (500) square feet of net habitable floor area may be suspended in perpendicular fashion from the roof over the common walkway. The size of the suspended signs shall be as determined by the Board. In any case, suspended signs shall be no closer than ten (10) feet at their lowest point to the finished grade below.

Additional signs may be approved by the Board to be situated within a regional retail shopping complex, provided that the aggregate square footage of all the signs within the regional retail shopping complex does not exceed the maximum aggregate square footage allowed hereinabove.

Comply with all sign regulations for the zone in which the commercial area is located; or

All signs within each commercial area shall comply with the area (square footage) restrictions.

Complement each other in material, shape, color and lettering style.

All frames are to be manufactured from tubular or shaped structural steel or aluminum with finishes or coatings as required to prevent against corrosion. The frame shall be designed to safely support wind and snow loads as specified in the latest adopted BOCA Code.

Vinyl fabric coverings are to be fourteen (14) ounces per yard minimum weight with certification as to tensile strength and flame resistance to meet industry and NEPA and BOCA codes.

Fasteners and/or structural attachments shall only be anchored to structural members of the building.

All electrical components and/or lighting equipment used in connection with an awning are to be labeled and rated for protective outdoor use and installed by a licensed electrical contractor.

Ceilings are optional and may consist of "egg crate," mesh fabric or solid plastic material. Removable panels or sections must be provided to allow access for service and cleaning.

All awning signs which project over or above backup walls are to be covered and weather protected with structural plastic, rustproof metal or aluminum.

Letter copy on awning signs is to be applied with manufacturer-approved processes.

Awning signs may be attached to buildings or structures with the following projection and height limitations:

Only the copy area of awning signs shall be considered in the square footage limitations. The remaining portion should be considered as awning area only.

A recreation area shall be provided and improved by the developer for each multi-family residential development. All active recreation areas shall be no closer to any residential structure than the minimum required setback for the residential structure.

All active recreation areas shall be cleared as required, graded for proper drainage, leveled, topsoiled, limed, fertilized and seeded with athletic field and general purpose mixture and must be suitable for playing games, such as touch football and softball on an informal basis. In addition to such multi-purpose field, the active recreation area shall include such recreational facilities as needed to serve the residents of the development. The recreation area shall meet all design standards as set forth in this chapter. Final design should be submitted to Board having jurisdiction for approval as part of any site plan review.

The recreation area shall not include any wetlands, wetland transition areas of any kind, streets, drives or space occupied for off-street parking or loading purposes for other facilities. The recreation area shall be contained within the subject development and be entirely within the Borough and readily accessible to all dwelling units proposed within the subject development.

The development shall provide for a homeowners' association in accordance with this chapter for the ownership and maintenance of the recreation area(s) for the benefit of the owners and residents of the development, unless the Borough accepts dedication of the recreation area(s) pursuant to § 28-506B4.

In the designation of the required open space and the uses proposed thereon, the developer shall be guided by the following:

Board shall review the submitted open space plan in the context of the particular development proposal, the particular characteristics of the subject land area, and the ability, desirability and practicality of relating the proposed open space to adjacent and nearby lands.

Should the proposed development consist of a number of stages, the Board may require the set aside of open space acreage proportionate in size to the stage of development being considered for final approval, even though these lands may be located in a different section of the overall development.

Open space may be offered by deed to the Borough or dedicated as common open space to a homeowners' association or other open space organization.

The articles of incorporation shall contain provisions to ensure that adequate funds are available for maintenance of the common open space and the improvements thereon.

In the case of townhouse and patio home dwelling units, the bylaws or resolutions shall include regulations governing the provisions for accessory decks, patios and fences for the dwelling units which shall be approved as part of the original site plan application and/or amendments thereto.

The articles of incorporation of the organization and the bylaws and resolutions shall be submitted for review by the Board prior to the granting of the original final site plan approval and/or any amended final site plan approval by the Board.

Protect residential areas and land uses from the adverse impacts of towers and antennas.

Require the location of towers in the H-D Highway Development District, QU Quarry District and B-C Highway Commercial District ("Permitted District") and on high voltage electric transmission towers and water tanks in all districts within the Borough.

Encourage use of Borough owned properties or structures.

Minimize the total number of towers within the Borough.

Strongly encourage the joint use of existing tower sites or structures as a primary option rather than construction of additional single-use towers.

Encourage users of towers and antennas to locate them to the extent possible in areas where the adverse impact on the community is minimal.

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.

Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures.

Notwithstanding anything in this chapter to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to site plan approval, shall be a permitted use in the H-D Highway Development District, QU Quarry District and B-C Highway Commercial District ("Permitted District") and on high voltage electric transmission towers and water tanks in all districts within the Borough. The installation thereof shall be as inconspicuous as possible.

Notwithstanding anything in this chapter to the contrary, no new wireless telecommunications tower shall be permitted unless the applicant proves that no existing tower, structure or alternative technology can accommodate the applicant's need. Costs of alternative technology that exceed new wireless telecommunications tower or wireless telecommunications antenna development shall not be presumed to render any alternative technology unsuitable or unavailable.

If a Borough property or structure can fulfill the requirements of the applicant's antenna location, the applicant must locate on Borough property or structure, if the Borough consents to such location and the property or structure is within a "permitted district."

Each applicant shall present competent proof that it has examined the use of Borough owned properties or structures, minimized the total number of towers and telecommunication antennas within the Borough, examined the joint use of existing tower sites or structures as a primary option rather than construction of additional single-use towers or structures and considered areas where the adverse impact on the community is minimal.

A wireless telecommunications tower or wireless telecommunications antenna may be permitted as either a principal use or accessory use. Notwithstanding any other provision of the Code of the Borough of Watchung, a different existing structure on the same lot shall not preclude the installation of a wireless telecommunications tower or wireless telecommunications antenna on such lot.

Minimum total lot size (the lot upon which the applicant has leased or purchased a portion thereof for its use) - 2 acres (excluding Borough owned properties or structures)

Minimum setback of wireless telecommunications tower from:

Minimum setback for equipment compound from any property line - The "permitted district" setback requirements for any principal building

Maximum height of wireless telecommunications tower - 150 feet

Maximum height of attached antenna - 10 feet beyond the highest elevation of the building or structure on which attached

Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be designed, located and screened to blend with and into the existing natural or built surroundings so as to eliminate to the maximum extent practicable adverse visual impacts through the use of color and camouflaging, screening, architectural treatment, landscaping and other appropriate means which shall minimize the visual impact of such antennas and towers on neighboring residences and the character of the Borough as a whole. All potential visual impacts of the wireless telecommunications installation must be analyzed by the applicant to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility. Wireless telecommunications installations should be located to avoid being visually solitary or prominent when viewed from residential areas or public view.

Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be placed to ensure that significant viewscapes, streetscapes, and landscapes are not visually impaired. The views of and vistas from architecturally significant structures shall not be impaired or diminished by the placement of telecommunications facilities.

The wireless telecommunications equipment compound shall be located and screened from residential areas and the public way.

The wireless telecommunications equipment compound shall be enclosed within a solid wooden fence no less than seven (7) feet nor more than eight (8) feet high, as authorized by the approving authority. Such fence shall include a locking security gate. The height of the equipment building shall not exceed nine (9) feet for flat roofs and fourteen (14) feet for pitched roofs and the area of the equipment building shall not exceed two hundred (200) square feet. Fences authorized under this chapter shall be exempt from § 28-502 of the Code of the Borough of Watchung.

A wireless telecommunications equipment compound no more than one thousand (1,000) square feet in area may be erected in support of wireless telecommunications antenna but only if:

A wireless telecommunications equipment compound shall be maintained in accordance with the site plan approved for it in a serviceable, safe and aesthetically pleasing manner.

Noise from the telecommunications equipment shall be less than forty (40) decibels at the property line, except for emergency situations requiring the use of a backup generator.

All site plan details required herein for wireless telecommunications towers shall be provided and shall include the property and site boundaries, tower location, existing and proposed structures, including accessory structures, existing and proposed ground-mounted equipment, vehicular parking and access and structures and land use designations on the site and abutting parcels.

A landscape plan drawn to scale showing proposed landscaping, including species type size, spacing, other landscape features, and existing vegetation to be retained, removed or replaced. The applicant shall be required to comply with the approved landscaping plan and to maintain the plantings.

A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators ("BOCA") International, Inc., Code, or the Electronic Industries Association Telecommunications Industries Association ("EIATIA") 222 Revision F Standards, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended, or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.

A binding, irrevocable letter of commitment by the applicant and the property owner to lease excess space on the tower to other potential users at prevailing market rates and conditions. The applicant's counsel shall simultaneously submit a separate opinion of counsel expressing such counsel's opinion as to the enforceability of such binding, irrevocable letter of commitment by the Borough under the laws of the State of New Jersey. A Short Form Memorandum of the letter of commitment shall be recorded with the County Clerk prior to issuance of a building permit. The letter shall commit and be binding upon the tower owner and successors in interest.

Elevations of the proposed tower and accessory building generally depicting all proposed antennas, platforms, finish materials and all other accessory equipment.

A copy of the lease or deed for the property.

A plan which shall reference all existing wireless telecommunications facilities in the Borough, any such facilities in the abutting municipalities which provide service to areas within the Borough and any changes proposed within the following twelve (12) month period, including plans for new locations and the discontinuance or relocation of existing facilities.

A three hundred sixty (360) degree drawn perspective or a photo simulation at four (4) locations (at ninety (90) degree increments) of the proposed tower drawn to an appropriate scale.

In implementing the National Environmental Policy Act ("NEPA"), the Federal Communications Commission requires applicants to prepare "environmental assessments" for towers that are proposed to be located in certain environmentally sensitive areas, including: officially designated wildlife preserves or wilderness areas; 100-year floodplain; situations which may affect threatened or endangered species or critical habitats; or situations which may cause significant change in surface features, such as wetland fills, deforestation or water diversion. In addition, an environmental assessment must be prepared when sites listed or eligible for listing in the National Register of Historic Places may be affected. That an environmental assessment is required does not necessarily mean the tower cannot be built. It does, however, call for public notice and opportunity to comment on the environmental impacts of the proposed tower. If the Federal Communications Commission, after review of the comments, makes a finding of "no significant impact," the project has cleared NEPA scrutiny.

A wireless telecommunications tower shall be designed and constructed to accommodate at least three (3) antenna arrays of separate telecommunication providers (the applicant's and two (2) co-locators).

Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information and safety instructions. Such sign shall not exceed two (2) square feet in area. No commercial advertising shall be permitted on any wireless telecommunications facility.

No lighting is permitted except as follows:

Wireless telecommunications antennas and wireless telecommunications towers shall be properly maintained by the owner or lessee to assure their continued structural integrity. The owner of the tower or antenna shall also perform regular maintenance of the structure and of the site as to assure that it does not create a visual nuisance. An independent licensed professional engineer shall submit a written report to the Borough Engineer every two (2) years and/or after tower modification or the addition of any antennas as to the structure of the tower and any related matters.

Wireless telecommunications towers, wireless telecommunications antennas and other equipment shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration.

Wireless telecommunications facilities shall be surrounded by security features such as a fence. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the approving authority.

Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type structure is necessary for the co-location of additional antennas on the tower. Such structures shall employ camouflage technology where appropriate and where required by the approving authority.

Wireless telecommunications towers and wireless telecommunications antennas shall be constructed to the Electronic Industries Association Telecommunications Industries Association ("EIATIA") 222 Revision F Standards, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.

All equipment shall be designed and automated to the greatest extent reasonably possible in order to reduce the need for on-site maintenance and thereby minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible, minimal off-street parking shall be permitted as needed and as authorized by the approving authority.

If required by the Borough Engineer, a 20-foot long by 10-foot wide paved apron at the edge or the road with an accompanying curb out.

Every application shall be accompanied by a health report certifying that the radio frequency emissions from the antennas are within Federal and State guidelines.

Where there are multiple carriers at a location, the health report shall discuss the cumulative effect of the radio frequency emissions of all of the carriers.

Whenever antennas are modified or replaced, operators of wireless telecommunications facilities shall provide to the Borough a report from a qualified expert certifying that a wireless telecommunications tower or building or other support structure as modified complies with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators ("BOCA") International, Inc. Code and the EIATIA Standard referenced above. Such modifications shall be subject to site plan review and approval.

Operators of wireless telecommunications facilities shall notify the Borough when the use of such antennas and/or ancillary equipment is discontinued. Facilities that are not in operational use for wireless telecommunications purposes for a period of six (6) months shall be removed by the operator at its cost. This removal shall occur within ninety (90) days of the end of such six (6) month period. Upon removal, the telecommunication facility site shall be cleared, restored, and revegetated to blend with the existing surrounding vegetation at the time of abandonment. If the above is not accomplished by the operator or owner, the Borough may remove the same at the operator's or owner's expense. The operator shall be required to submit to the Borough Zoning Officer verification of continued use of the facilities as issued by the State and/or the Federal Communications Commission on or about the first of every calendar year or other renewal period. The Borough retains the right to use any abandoned wireless telecommunications equipment on municipal property for its own use.

The applicant for the telecommunications tower shall post a performance bond in the amount of an estimate prepared by the Borough Engineer to ensure the removal of the tower.

Federal Communications Commission licensed wireless telecommunications providers are encouraged to construct and site their facilities with a view toward sharing facilities with other utilities, co-locating with other existing wireless facilities and accommodating the co-location of other future facilities where technically, practically and economically feasible.

The applicant for the telecommunications tower shall ensure that there is sufficient space on the tower for the installation of Borough communications equipment, if necessary.

Wireless telecommunications sites in existence on the date of the original adoption of this chapter which do not comply with the requirements of this chapter (are nonconforming), are subject to the following provisions:

If no new tower is proposed, an application fee of two thousand five hundred ($2,500.00) dollars and an escrow fee of two thousand five hundred ($2,500.00) dollars.

If a new tower is proposed, an application fee of four thousand ($4,000.00) dollars and an escrow fee of five thousand ($5,000.00) dollars.

Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public.

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

Provide the opportunity for non-residential uses to supply EVSE to their customers and employees.

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.

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.

EVSE and Make-Ready Parking Spaces installed pursuant to subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in paragraph 1 above.

All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

The Borough Engineer and/or Zoning Officer shall enforce all signage and installation requirements described in this ordinance. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the Borough of Watchung's land use regulations.

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:

An application pursuant to paragraph 5 above shall be deemed complete if:

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.

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.

As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five (5) 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:

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in paragraph 1 above shall:

All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Section 28-607.

A parking space prepared with EVSE or Make-Ready equipment shall count as at least two (2) parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than ten (10%) percent of the total required parking.

All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and Make-Ready parking spaces above what is required in Section D above may be encouraged, but shall not be required in development projects.

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.

Installation.

EVSE Parking.

Safety.

Signs.

Usage Fees.