Westwood City Zoning Code
PART 4
Supplementary Provisions
§ 195-129 Certain principal permitted uses.
A.
Nursing homes, congregate care and assisted living facilities. Applications for these uses as a permitted principal use shall comply with the following:
(1)
Area and bulk regulations for all nonresidential districts:
(a)
Minimum lot area: 80,000 square feet.
(b)
Minimum lot width: 200 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Minimum front yard: 50 feet.
(e)
Minimum side yards: 25 feet.
(f)
Minimum rear yards: 50 feet.
(g)
Maximum building coverage: 30%.
(h)
Maximum impervious coverage: 65%.
(i)
Maximum building height (stories/feet): three stories/36 feet.
B.
Child-care facilities. Applications for freestanding child-care centers as a permitted principal use shall comply with the following:
(1)
Area and bulk regulations for all nonresidential districts:
(a)
Minimum lot area: 10,000 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard: 35 feet.
(e)
Minimum side yards: 25 feet.
(f)
Minimum rear yards: 50 feet.
(g)
Maximum building coverage: 30%.
(h)
Maximum impervious coverage: 65%.
(i)
Maximum building height (stories/feet): two stories/30 feet.
(2)
A minimum of 15 square feet of outdoor play area per child per play shift shall be provided. Play areas shall be permitted in the rear and side yards only and shall be enclosed by a fence at least four feet in height and landscaped and screened from adjoining properties.
(3)
The proposed outdoor area shall be designed with sufficient dimensions and orientation to enable its conversion to a parking area which would serve the building if it were occupied for an alternative permitted use. An applicant for a day-care facility shall be required to submit a sketch layout indicating the prospective conversion of play area to a parking use, including the location of access aisles, stall dimensions, location of parking spaces and provisions of an area for perimeter landscaping, as provided by ordinance.
(4)
One off-street parking space shall be provided for every 10 children which the center is designed to accommodate, plus one space per employee at peak shift.
(5)
Such facility shall comply with all applicable governmental requirements and shall be licensed by the New Jersey Department of Human Services.
(6)
A child-care facility may be permitted to occupy an entire building or a portion of an existing building which is partially occupied by other uses, irrespective of any other ordinance limitations on the number of principal permitted uses allowed on a lot.
(7)
The floor area occupied by a child-care center in any building for which the child-care center is an accessory use shall be excluded in calculating any parking requirement otherwise applicable to that amount of floor space and shall be excluded from the permitted floor area ratio allowable for that building.
C.
Townhouses. Townhouse developments shall comply with the following:
(1)
Minimum lot area: three acres.
(2)
Minimum lot frontage: 300 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Maximum density: 12 dwelling units per acre.
(5)
Maximum units per building: seven.
(6)
Maximum building height (stories/feet): 2 1/2 stories/35 feet.
(7)
Minimum parking spaces: one garage space, one driveway space, plus one visitor space per three units.
(8)
Maximum building length: 175 feet.
(10)
Minimum building setback from public right-of-way: 25 feet.
(11)
Maximum building coverage: as identified in the zone where the parcel is located; see 195 Attachment 14, Schedule A.[1]
[Added 5-7-2024 by Ord. No. 24-10]
[1]
Editor's Note: Schedule A, Area and Bulk Regulations, is included as an attachment to this chapter.
(12)
Maximum impervious coverage: as identified in the zone where the parcel is located; see 195 Attachment 14, Schedule A.
[Added 5-7-2024 by Ord. No. 24-10]
D.
Hospitals and medical schools shall comply with the following:
[Amended 12-17-2002 by Ord. No. 02-19; 4-22-2008 by Ord. No. 08-10]
(1)
Minimum lot area: 20 acres.
(2)
Minimum lot frontage: 500 feet.
(3)
Minimum lot depth: 300 feet.
(4)
Minimum front yard: 95 feet.
(5)
Minimum side yard (each/total): 35 feet/100 feet.
(6)
Minimum rear yard: 20 feet (existing)/95 feet (new construction). [NOTE: Twenty-foot setback for building conditions existing as of the date of Ordinance No. 08-10. New construction shall be required to have a minimum ninety-five-foot setback.]
(7)
Maximum floor area ratio: 0.91.
(8)
Maximum building height (stories/feet): five stories or 65 feet, whichever is less.
(9)
Maximum building coverage: 40%.
(10)
Maximum impervious coverage: 70%.
E.
Multifamily dwelling units. Multifamily developments shall comply with the following:
[Added 12-17-2002 by Ord. No. 02-19]
(1)
Minimum lot area: three acres.
(2)
Minimum lot frontage: 300 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Maximum density: 24 dwelling units per acre.
(5)
Maximum units per building: 12.
(6)
Maximum building height (stories/feet): three stories/35 feet.
(8)
Maximum building length: 180 feet.
(10)
Minimum building setback from public right-of-way: 75 feet.
(12)
Maximum building coverage: as identified in the zone where the parcel is located; see 195 Attachment 14, Schedule A.[3]
[Added 5-7-2024 by Ord. No. 24-10]
[3]
Editor's Note: Schedule A, Area and Bulk Regulations, is included as an attachment to this chapter.
(13)
Maximum impervious coverage: as identified in the zone where the parcel is located; see 195 Attachment 14, Schedule A.
[Added 5-7-2024 by Ord. No. 24-10]
§ 195-130 Certain accessory structures and uses.
A.
Accessory structures and uses in residential districts. No accessory building or structure shall be built on any lot on which there is not a principal building or structure.
(1)
Accessory structures or uses shall not be located in the required front yard or within the front half of the side yard of any residential zone and may be erected anywhere within the required rear yard, except as provided herein:
(a)
In all residential zones, the following shall apply: All sheds 100 square feet or less shall be a minimum of five feet from a side or rear property line and require only a zoning permit. Sheds and accessory buildings greater in size than 100 square feet but less than 450 square feet shall be a minimum of five feet from a side or rear property line. All sheds and accessory buildings on a corner lot shall be in the corner of the property furthest from the streets. All accessory structures over 450 square feet shall be a minimum of 10 feet from a side or rear property line. All garages on a corner lot shall meet the minimum bulk requirements. The maximum number of accessory sheds and detached garages is limited to a total of two on a single-family residential property.
[Amended 9-4-2001 by Ord. No. 01-19; 12-17-2002 by Ord. No. 02-19; 1-18-2011 by Ord. No. 11-04; 6-25-2013 by Ord. No. 13-15]
(b)
An accessory structure shall be set back minimally 10 feet from the principal building.
(c)
Light posts, mailboxes, signs, or walls, fences, and retaining walls 18 inches or less shall be permitted in the required front yard of any residential use. Off-street parking is also permitted in a front yard, restricted to the driveway area, which shall not exceed the width of the dwelling's garage.
(2)
Maximum height for all accessory structures other than garages is 10 feet, measured from the highest point of the structure to grade. Maximum height for all accessory garages is 10 feet to the top of the highest roof beams for flat roofs and 15 feet from the highest point of the peaked roof of the structure to grade.
[Amended 9-4-2001 by Ord. No. 01-19[1]]
(3)
When an accessory structure or use is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building or use.
(4)
In the case of a through lot, no accessory structure or use shall encroach upon that fourth of the lot depth nearest each street upon which the lot has frontage.
(5)
No accessory structure shall be used for human habitation.
(6)
No more than one accessory building per lot is permitted, provided a lot may contain a freestanding garage and a shed.
B.
Accessory structures and uses in nonresidential districts. No accessory building or structure shall be built on any lot on which there is not a principal building or structure.
(1)
Accessory structures or uses shall not be located in the required front yard of a nonresidential zone, except that off-street parking spaces shall be permitted.
(2)
Accessory structures or uses shall not be located within five feet of a side or rear lot line. Accessory structures shall be minimally 15 feet from the principal building.
(3)
No off-street loading area or loading facility shall be permitted in a front yard.
(4)
No accessory structure or use in a nonresidential zone shall exceed a height of 15 feet, except as provided elsewhere in this chapter.
[Amended 9-4-2001 by Ord. No. 01-19]
(5)
In any nonresidential zone, when an accessory structure or use is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building or use.
(6)
No accessory structure or use shall occupy an area greater than 20% of the area of the rear yard.
C.
Private garages. There shall be erected with every single-family detached dwelling at least a two-car garage, which may be attached to, detached from or constructed beneath the dwelling, subject to the following conditions:
D.
Temporary storage containers shall only be permitted subject to the following:
[Added 12-18-2007 by Ord. No. 07-23]
(1)
Time. For periods of 14 days or less, no permit shall be required. However, the property owner shall comply with local code requirements.
(2)
Location. Temporary storage containers shall be placed only in the driveway, allotted parking spaces, or other paved areas of the property which are not located in the right-of-way and do not obstruct the sidewalk. The following provisions shall also apply:
(a)
No temporary storage container shall be located within three feet of a property line.
(b)
Temporary storage containers shall be offset at least 10 feet from the principal building.
(c)
A temporary storage container or containers shall not occupy an area greater than 10% of the area of the front, side or rear yard of which it is located.
(d)
Whenever feasible, the applicant shall utilize existing buffers when determining the location for a temporary storage container in order to screen the container from adjoining properties.
(e)
Temporary storage containers shall not obstruct circulation for vehicles, particularly emergency vehicles.
(h)
No container shall remain for a period greater than 30 days, plus two renewals of 30 days each.
(3)
Size. A temporary storage container shall not be larger than eight feet wide or 20 feet long or 150 feet in total area and shall be no higher than eight feet from grade.
(4)
Use.
(a)
The use of any temporary storage container shall be confined to the property owner or legal tenant whose property the container is placed upon. The containers are intended to store common household items.
(b)
The following items are expressly prohibited from being stored or kept within a temporary storage container:
(c)
Signage for any temporary storage container shall comply with the following:
[1]
A temporary storage container shall have no signage other than the name, logo, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the temporary storage container; and
[2]
The sign must be permanently adhered to or painted on the temporary storage container.
(5)
Lighting. There shall be no lighting fixtures attached to a temporary storage container, nor shall any lighting fixture be solely utilized to light a container. In addition, no electrical service shall be attached or brought to the temporary storage container.
E.
Hothouses or greenhouses. A hothouse or greenhouse shall be used only for raising or growing of horticultural or agricultural products to be used on the premises and not sold therefrom and must not be closer to side or rear lot lines than 10 feet.
F.
Swimming pools and tennis courts.
(1)
Swimming pools above grade or in-ground and used exclusively for private purposes shall be located or situated behind any rear wall of the house. Pools shall not be permitted between the side property line and the adjacent side wall of the dwelling which is closest to the property line. Said pool is required to be a minimum distance of 15 feet from side and rear lot lines. In addition, all pools shall be a minimum of 10 feet from any principal structure and five feet from an accessory structure.
[Amended 9-4-2001 by Ord. No. 01-19]
(2)
The installation of lights for tennis courts is prohibited.
(3)
Swimming pools and tennis courts shall be suitably fenced.
(5)
Temporary accessory swimming pools are defined as pools that are inflatable or have such structure that does not require being set into existing grade or require ground reinforcement or footings, are disassembled at the end of each season and are used exclusively for private purposes. Such a temporary accessory swimming pool shall be capable of containing more than 24 inches of water and have a filter system. A temporary accessory swimming pool is permitted in the R-1 Detached Single-Family Residential District by a temporary use permit. Said temporary accessory swimming pool permit shall comply with the applicable regulations as identified herein, with the following exceptions:
[Added 7-16-2013 by Ord. No. 13-19]
(a)
Time period and applicability. A temporary use permit for a temporary accessory swimming pool shall be required to be obtained from the Zoning Officer. A temporary accessory swimming pool shall be permitted for a time period of no more than 120 days. However, the application for a temporary accessory swimming pool shall comply with local code requirements, such as electrical, plumbing and fence requirements, and applicable state and federal regulations that may control such structures and their location.
(b)
Location. Temporary accessory swimming pools are permitted in the rear yard area in compliance with all applicable setbacks set forth herein. An exception is permitted wherein if a temporary accessory swimming pool is to be located on a corner lot wherein a front yard is adjacent to such rear yard area, the temporary accessory swimming pool shall be set back at a minimum of 1/2 of the front yard setback requirement in the zone wherein the pool is to be located.
(c)
Size. A temporary accessory swimming pool shall not be larger than 475 square feet and shall be no higher than six feet from the top of the pool to existing grade at the highest point.
G.
Fences and walls.
(1)
No fence or wall shall be erected, altered or constructed in any residential zone which shall exceed six feet in height above predisturbed ground level. No fence shall exceed a height of four feet nor be less than 50% open in the front yard. Retaining walls or landscape walls shall not exceed a height of three feet in the front yard.
[Amended 1-18-2011 by Ord. No. 11-04]
(2)
No fence or wall shall be erected, altered or constructed in any nonresidential zone which shall exceed six feet above ground level.
(3)
Notwithstanding the above provisions, no fence or wall shall be erected, altered or constructed in any zone which shall violate the provisions set forth regarding sight triangles.
(4)
Fences surrounding the perimeter of tennis courts shall be exempt from the above requirements. Said fence shall not exceed 14 feet in height above ground level.
(5)
The finished side of a fence shall face the adjoining properties.
(6)
All fences permitted by this subsection and all walls under four feet to one foot six inches in height shall require a zoning permit only. All proposed retaining walls four feet and over in height require review and approval from the Borough Engineer and the Building Department.
[Amended 9-4-2001 by Ord. No. 01-19; 1-18-2011 by Ord. No. 11-04; 6-25-2013 by Ord. No. 13-15]
(7)
No fence shall contain barbed wire, razor ribbon, metal spikes or electrified materials or be constructed of a material which may be dangerous to persons or animals.
(8)
Retaining walls shall be subject to the following additional requirements:
(a)
Retaining walls shall not have any continuous exposed wall face in excess of four feet in height measured from the lowest elevation of the finished grade.
(b)
In any embankment which is constructed by the use of retaining walls, each wall shall also be subject to a maximum height limitation of four feet and shall be tiered at every four-foot interval of height.
[Amended 9-4-2001 by Ord. No. 01-19]
(c)
The top of a retaining wall of a group of tiered walls shall have a fence or substantive planting element, minimally four feet in height, so as to create an appropriate safety barrier.
(d)
Shrubs and/or ornamental or evergreen trees shall be required at each tier level to minimize the appearance of the wall's height and mass and to enhance the aesthetics.
[Amended 9-4-2001 by Ord. No. 01-19]
(e)
There is no setback requirement from property lines for retaining walls. No such retaining wall, however, shall be permitted to interfere with safe sight distance.
[Amended 9-4-2001 by Ord. No. 01-19]
H.
Child-care center facilities. Application for a child-care center as a permitted accessory use shall comply with the following: A child-care center shall be permitted to occupy as an accessory use a portion of a building which is occupied as a principal permitted use in all nonresidential zones. This use shall be available to the occupants of the building and may also be available to others, provided that:
(1)
The facility is licensed by the New Jersey Department of Human Services.
(2)
Outdoor play space requirements for children older than 10 months shall be as follows: a minimum of 150 square feet per child attending for three or more consecutive hours. When more than five children are using the space at one time, there shall be 30 square feet of space for each additional child in addition to the one-hundred-fifty-square-foot requirement.
(3)
Play areas shall be permitted in the rear and side yards only and shall be enclosed by a fence at least four feet in height and landscaped and screened from adjoining properties.
(4)
The area and bulk requirements applicable to the zone in which the site is located shall be complied with.
(5)
No more than 30% of a building shall be occupied as a day-care center.
(6)
No additional parking shall be required.
I.
Home-based businesses. Home-based businesses shall be permitted in all residential zone districts, provided there is compliance with the following:
(1)
The use is limited to office use only, provided that this provision is only intended for such incidental activities as a virtual office. Any observable business activity, except for the parking of permitted commercial vehicles as permitted pursuant to § 195-165D(10)(d), is unlawful under this subsection.
(2)
The use is operated by or employs in the residence only a resident(s) who is a permanent full-time resident of the dwelling and no other persons.
(3)
No nonresident employees, customers or business invitees or guests shall visit the dwelling unit for business purposes.
(4)
The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household.
(5)
Interior storage of materials shall consist only of office supplies.
(6)
There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including but not limited to parking, storage, signs or lights. This subsection is not intended to prohibit the parking of commercial vehicles in residential zones consistent with the limitations contained in § 195-165D(10)(d).
[Amended 7-24-2007 by Ord. No. 07-06; 10-2-2007 by Ord. No. 07-19]
(7)
The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents.
(8)
The use does not require an increased or enhanced electrical or water supply.
(9)
The quantity and type of solid waste disposal is the same as other residential uses in the zone district.
(10)
The capacity and quality of effluent is typical of normal residential use and creates no potential or actual detriment to the sanitary sewer system or its components.
(11)
Delivery trucks shall be limited to United States Postal Service, United Parcel Service, Federal Express and other delivery services providing regular service to residential uses in the zone district.
(12)
All vehicular traffic to and from the home-based business is limited in volume, type and frequency to what is normally associated with residential use in the district.
(13)
No use involving motor vehicles with commercial plates shall constitute a home-based business unless the vehicles are registered and garaged elsewhere, off site.
J.
Building-mounted solar energy systems. Such systems may be installed only as an accessory use on a permitted principal use. Solar energy systems may be installed only as an accessory use on the roof of a permitted principal or accessory structure. Solar energy systems installed as an accessory use upon a roof shall comply with the following zoning requirements:
[Added 3-2-2021 by Ord. No. 21-1]
(1)
Permit requirements.
(a)
Before any solar panel may be installed, plans for such installation shall be submitted to the Borough Building Department and Borough Fire Official. No solar panel shall be installed without a permit issued by the Borough.
(b)
The design of the solar energy system shall conform to all applicable industry standards, including the New Jersey Uniform Construction Code, the International Building Code, the National Electric Code and the Borough building or zoning regulations. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certified organization, and any such design shall be certified by an engineer registered in the State of New Jersey. The manufacturer specifications shall be submitted as part of the application.
(c)
When the requirements imposed by any applicable code are either in conflict, more stringent or impose additional design standards than the requirements contained within the Borough Zoning Ordinance, then the requirements of the other applicable code shall govern and shall supersede requirements contained in the Borough Zoning Ordinance.
(2)
Installation requirements.
(a)
All solar panels shall be mounted on a roof. Solar panels installed upon a sloped roof shall not exceed a height of 18 inches above the surface of the roof in all zones where permitted.
(b)
A roof-mounted solar panel mounted onto a flat roof may be angled to achieve maximum sun exposure but shall not exceed 18 inches above the roof surface in the R-1, R-2 and R-3 Zones and 36 inches in all zones. No such mounted solar panel shall be included in the calculation of building height it is attached to unless it exceeds the maximum height permitted herein.
(c)
If required, roof-mounted solar panel installations shall be designed and constructed to provide designated roof walkways for emergency responders. Roof access pathways shall be located at structurally strong locations on the building capable of supporting the live load of firefighters accessing the roof.
(d)
Roof-mounted solar panels must be installed in such locations so as to provide for roof access points to designated roof walkways in areas that do not require the placement of ground ladders over or in front of openings such as windows or doors, and located at strong points of building construction that are not in conflict with overhead obstructions such as tree limbs or wires.
(e)
All roof-mounted panels shall be installed at least three feet from every edge of the roof and provide access walkways depending on the style of roof construction pursuant to the most recent edition of the New Jersey International Building Code.
(f)
Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto adjacent or nearby properties, businesses, dwellings or roadways.
(g)
Except for the solar panels and electrical wiring systems, all other ancillary equipment associated with a solar energy system shall be located within a building.
(h)
Conduit, wiring systems, and raceways for photovoltaic circuits shall be located as close as possible to the ridge or hip or valley and from the ridge, hip or valley as directly as possible to an outside wall to reduce tripping hazards and maximize ventilation opportunities. Conduit runs between subarrays and to DC combiner boxes shall be installed in a manner that minimizes the total amount of conduit on the roof.
(i)
An external disconnect switch, readily accessible by emergency responders, and which is clearly identifiable and unobstructed, shall be provided to disconnect power at the solar panel.
(j)
Marking is required on all interior and exterior direct conduit, enclosures, raceway, enclosures, cable assemblies, junction boxes, combiner boxes and disconnects to alert emergency first responders to avoid cutting them.
(k)
Marking is required on all interior and exterior direct conduit, enclosures, raceway, enclosures and cable assemblies every 10 feet, within one foot of turns and bends and within one foot above and below penetrations of roof/ceiling assemblies, walls or barriers.
(l)
The materials used for marking shall be reflective, weather resistant and suitable for the environment. Marking shall have all letters capitalized with a letter height 1/2 inch tall. Letters shall be white on a red background.
(m)
Property owners shall provide the Borough Fire Official with a map illustrating the location of the disconnect switch, as well as any information regarding the vendor authorized to deactivate the solar panel. The Borough Fire Official is herein authorized to request additional information on the map or in a format specified by the Fire Official.
(n)
Solar energy systems shall be designed and sized to provide energy for the principal use of the property whereon the solar energy system is installed and shall not be for the generation of power for commercial purposes. This provision shall not be interpreted to prohibit the sale of excess power generated from time to time from an accessory use solar energy system designed and sized to meet the energy needs of the principal use located on the same property whereon the solar energy system is installed.
(o)
Any approval of a solar energy system does not create any actual or inferred solar energy system easement against adjacent property owners and/or any existing or future buildings or structures on adjacent properties. The owner and/or property owner of a solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against current or future development adjacent to or higher than the property location of the solar energy system. The approval of any solar energy system granted by a reviewing agency of the Borough of Westwood or its employees and agents under this article shall not create any future liability or infer any vested rights to the owner and/or property owner of the solar energy system on the part of the Borough of Westwood or by any officer or employee thereof for any future claims against said issuance of approval of the solar energy system that result from reliance on this article or any administrative decision lawfully made thereunder.
§ 195-131 Certain conditional uses.
A.
Places of worship. Churches, temples and other places of worship shall be governed by the following regulations:
(1)
Minimum lot area: 25,000 square feet.
(2)
Minimum lot width and depth: 150 feet.
(3)
Minimum building setback, all lot lines: 30 feet.
(4)
Maximum building height: 35 feet (exclusive of steeple).
(5)
Maximum building coverage: 30%.
(6)
Maximum impervious coverage: 65%.
(7)
Minimum buffer width: 10 feet to all lot lines.
(8)
Minimum parking: one space/three seats.
(9)
Parking space location: prohibited in front yard; permitted in side/rear yards, provided it is set back minimally 10 feet from side and rear yard lines.
(10)
Accessory uses permitted: educational buildings.
B.
Public and private elementary and secondary schools shall be permitted, subject to the following:
(1)
Minimum lot area: one acre.
(2)
Minimum lot width and depth: 200 feet.
(3)
Minimum building setback, all lot lines: 35 feet.
(4)
Maximum building height: two stories.
(5)
Maximum building coverage: 30%.
(6)
Maximum impervious coverage: 65%.
(7)
Minimum parking: one per five of pupil capacity in secondary schools, one per 10 of pupil capacity in elementary schools, plus one per employee and two per school bus to be parked.
(8)
Parking space location: prohibited in front yard; permitted in side/rear yards, provided it is set back minimally 10 feet from side and rear yard lines.
(9)
Minimum buffer: 10 feet to all lot lines.
(10)
Accessory uses permitted: private garage.
(11)
Miscellaneous: must meet regulations of National Code, Board of Fire Underwriters; masonry construction.
(12)
Such school shall have as its prime purpose the general education of students in the arts and sciences and shall be licensed by the State Department of Education as required by law.
C.
Automobile body shops: screening required. Vehicles parked or standing in other than a fully enclosed building, and all vehicles being repaired or serviced in other than a fully enclosed building, shall be located in an area completely surrounded by a six-foot-high fence, constructed of such material that the fence shall serve as a complete and effective screen, thereby preventing sight of any such vehicles from any street or any adjoining lot.
D.
Gasoline and service stations.
(1)
An application for a gasoline service station shall contain all of the data required for site plan review as set forth in this chapter and shall include the following additional information: the exact location of tanks, pumps, lifts and other appurtenances, if any.
(2)
The lot shall be at least 400 feet, measured in a straight line, from any boundary line of any property which is used as or upon which is erected a public or private school or playground or athletic field, place of worship, hospital, public use, theater, or fire station and 1,000 feet, measured in a straight line, from any boundary line of a property which is used as a gasoline service station.
(3)
Gasoline or oil tanks or pumps may be located within the front yard or front setback, but in no case shall they be closer than 12 feet to the property line where curbing exists and 20 feet to the property line where no curbing exists, with entrance and exit points.
(4)
Driveways, exits, entrances, parking areas and areas used by motor vehicles must be surfaced with an asphalt or bituminous pavement which shall be graded and drained to dispose of all surface water as approved by the Borough Engineer.
(5)
Mixed use. No part of any gasoline service station, wherever located, shall be used for any use other than repair service and sales of products directly connected with or related to motor vehicles.
(6)
Outdoor repair prohibited.
(a)
On any premises upon which a gasoline service or repair station is located, all services or repairs to or for motor vehicles, other than such minor items as the changing and filling of tires or the sale of gasoline or oil, shall be conducted within the confines of a building.
(b)
No gasoline service station shall permit its premises to be used, hired or rented for the outdoor storage or parking of licensed vehicles which have not been temporarily left in the custody of the operator of the service station for service or repair, nor for overnight storage or parking of any unlicensed or unregistered vehicle under any circumstance.
(7)
Storage of flammable materials. Storage facilities for gasoline, oil or other flammable materials in bulk shall be located wholly underground and no nearer than 30 feet to any lot line or the street right-of-way line and in no event any closer than prescribed by the New Jersey State Fire Prevention Code, whichever is the more stringent. No gasoline pump shall be located or permitted within any enclosed or semi-enclosed building.
(8)
(9)
Open space. All gasoline service stations shall provide for an unoccupied, landscaped open space area with a minimum width of 15 feet along all property lines The open space area shall be maintained at all times. Off-street parking, outdoor storage or any use other than as an open landscaped area shall be prohibited, except that entrance and exit drives not to exceed 30 feet in width shall be permitted in open space areas, subject to Planning Board approval.
(10)
Prohibitions.
(a)
There shall be no display or storage of materials, merchandise, supplies or accessories, except for the outdoor storage of lubricants in sealed cans, in any front, side or rear yard or in any open space area, including but not limited to aisles, sidewalks, walkways, driveways, exits and entrances.
(b)
Accessory buildings shall be prohibited, except that well houses, pump houses and package septic systems shall be permitted.
(11)
Buffer strip. When a gasoline service station abuts a residential district, a minimum twenty-five-foot buffer strip shall be provided, with dense evergreen plantings at least six feet in height.
(12)
Vehicular access to or exits from a service station shall not be closer to the intersection of any two streets than 50 feet, nor shall any such drive be located within 30 feet of any boundary line of any residential district or residential lot.
(13)
The provision of canopies, lighting, and building facade treatment shall reflect the community's architectural character and aesthetics.
E.
Dwellings in the CBD District shall be subject to the following:
(1)
The maximum density for the residential use shall be as provided in the R-1 District.
F.
Mixed-use developments in the O District shall be subject to the following:
(1)
The minimum lot area shall be 2 1/2 acres.
[Amended 9-19-2006 by Ord. No. 06-08]
(2)
The site shall have frontage on a minimum of two streets.
(4)
The minimum front yard setback shall be 25 feet.
[Added 9-19-2006 by Ord. No. 06-08]
(5)
The minimum side yard setback shall be 15 feet each and 30 feet combined.
[Added 9-19-2006 by Ord. No. 06-08]
(6)
There shall be a minimum buffer of 15 feet from all mixed-use development parking lots to all tract lot lines.
[Added 9-19-2006 by Ord. No. 06-08]
G.
Quasi-public swim clubs shall be subject to the following:
[Added 9-4-2001 by Ord. No. 01-19]
§ 195-132 Nonconforming uses, structures and lots.
A.
Any lawful conforming use which existed at the time of passage of this chapter may be continued. However, none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this chapter and as permitted below. Land on which a nonconforming use or structure is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner. The applicant claiming a nonconforming right shall have the burden of proof of all aspects to demonstrate the claim of existing nonconformity.
B.
The lawful use of any building or land existing at the time of the enactment of this chapter may be continued, although such use does not conform to the provisions of this chapter, subject to the following:
(1)
Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner, or if a nonconforming use involving a structure or land is discontinued for 12 consecutive months, or if a nonconforming building or use is subsequently changed to a conforming use. The subsequent use of the abandoned building, structure and/or land shall be in conformity with this chapter.
[Amended 9-4-2001 by Ord. No. 01-19]
(2)
Unsafe structure. Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition and as regulated herein.
(3)
Maintenance may be made to a nonconforming use, structure or lot, provided that the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or increase the nonconformity in any manner.
(4)
A structure or use of land which is nonconforming in use shall not be enlarged or extended in any manner whatsoever. A structure or use of land that is nonconforming in a manner other than use may be extended or enlarged in conformance with the provisions provided herein and provided that the nonconformance is not further increased. A structure on a lot that is nonconforming as to lot area and/or width may be expanded so long as the expansion is in accordance with the remaining provisions provided for herein.
[Amended 9-4-2001 by Ord. No. 01-19]
(5)
Restoration and repairs.
[Amended 11-23-2010 by Ord. No. 10-26]
(a)
Accessory buildings. Any accessory building, consisting of a garage or shed, having been damaged or destroyed by fire, explosion, flood, windstorm or other act of God and located upon property in the R-1 Zone containing only a lawful permitted use, may be rebuilt as a matter of right at the same location as said structure previously existed, provided said reconstruction is commenced within one year of the event which caused the destruction of the structure.
(b)
Any nonconforming principal building, structure or use existing on the effective date of this subsection which has been damaged by fire, explosion, flood, windstorm or act of God shall be examined by the following three people: Borough Engineer, the owner or an architect or engineer selected by the owner and a third person agreed to by the Borough Engineer and owner. If the value of repairing the condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance.
(c)
Where the value of repairing the condition is determined to be less than 50% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure. The reconstruction shall commence within 12 consecutive months of the date the building was damaged or condemned, with the reconstruction carried out without interruption; otherwise the damaged structure shall not be rebuilt as a nonconforming use or building.
(6)
Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
C.
Vacant undersized lots.
[Amended 7-16-2002 by Ord. No. 02-09; 12-17-2002 by Ord. No. 02-19]
(1)
Any plot, as defined herein, at the time of the adoption of this chapter, that fails to comply with the minimum area or minimum lot width requirement of this chapter may be used for any use permitted in said district in which it lies, provided that the following facts are shown with respect to said lot:
(a)
The lot is in separate ownership at the time of the adoption of this chapter.
(b)
Said lot has remained in separate ownership since prior to the adoption of the earliest land use regulation within the Borough of Westwood, rendering said lot nonconforming.
(c)
Throughout such period of time, no property contiguous to said lot was owned legally or beneficially by any person owning the property in question.
(d)
The owner of said lot shall have made a good faith written offer to sell said lot at a stated fair and reasonable price to the contiguous landowners within 90 days prior to the application for a building permit thereon.
(e)
There exists at said location no vacant land which, if purchased by the applicant, would reduce the nonconformity of the lot and for which the applicant has failed to make a good faith binding written offer of purchase at a fair and reasonable price within 90 days prior to the application for a building permit.
(2)
It shall be further required that the percentage of the permissible building coverage on the lot shall not be exceeded and that the applicable off-street parking requirements are met. The side yard and height provisions shall be reduced by 1/2 of the percentage that the area or width, whichever is smaller, of the undersized lot bears to the corresponding conforming requirement for the zone in which it is located, except that, with regard to the side yard requirement, it shall not be reduced to less than 40% of that required by this chapter, and with respect to the height dimension, no building shall be required to have a height less than 16 feet. Any construction pursuant to the terms of this subsection shall constitute a conditional use in the zone in which the property is located and shall be subject to the procedures, including site plan review, regarding conditional uses.
§ 195-133 Buffer and planting requirements.
A landscape buffer shall be provided in any nonresidential zone and for any nonresidential use where a development abuts a residential zone or residentially developed property. The buffer shall provide a year-round visual screen to minimize adverse impacts from the site on adjacent properties. The following buffer area and landscaping requirements shall apply, unless a different requirement is set forth elsewhere in this chapter:
B.
Buffer areas will be contiguous with residential property lines and shall be of uniform width.
C.
If the buffer is less than 20 feet wide, the applicant may be required to erect and landscape a six-foot-high stockade fence within the buffer area, parallel to the lot line of the abutting residential lot.
D.
Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Any screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one year or one growing season.
E.
No structure, activity, storage of materials, driveways or parking of vehicles shall be permitted in the buffer area, except permitted signs as specified in the district regulations.
F.
Requirements for planting in buffer area.
(1)
A solid and continuous landscaped screen shall be planted and maintained around parking and loading areas, eliminating glare of vehicle lights and enhancing the building from the abutting residential areas. The landscaped screen shall consist of evergreen trees, such as hemlock, Douglas fir, Norway spruce, etc. Evergreen trees shall not be less than five feet high when planted, and the lowest branches shall be not more than one foot above the ground. In the event that the existing evergreen trees do not cover the required area from the ground, said landscaping screen shall be supplemented with evergreen shrubbery.
(2)
In addition to the landscaped screen, shade trees may be required.
(3)
If the buffer area includes existing growth of evergreen and deciduous trees and shrubbery, but not enough to provide a suitable screen as required above, existing trees and shrubbery may remain and shall be supplemented by additional evergreen plantings to provide the required landscaped screen. In the event the approving authority finds that further plantings of evergreens will not grow satisfactorily in said buffer areas, stockade fencing, six feet high, shall be erected in the buffer area.
G.
The approving authority shall have the power to waive any of the requirements or details specified above if it determines an adequate buffer can be provided in less than the required width while maintaining the purposes of this section. The approving authority, when considering waiving any of the buffer requirements, shall review the proposed plat and the standards and purposes of this chapter and, to these ends, shall consider the location of buildings, parking areas, outdoor illumination and topographic features of the area and existing features, such as trees and streams; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of screening and parking areas, structures and uses; and such other matters as may be found to have a material bearing on the above standards and objectives.
§ 195-134 Permit required for certain acts.
No person shall do or cause to be done any of the following acts affecting trees, shrubbery or ornamental material planted or growing naturally within the rights-of-way or public places under the jurisdiction of the Borough, except with a written permit obtained from the Construction Official or other approving authority:
A.
Cut, trim, break, disturb the roots of, or spray with defoliants any living tree or shrub, or injure, misuse or remove any structure or devices placed to support or protect any tree or shrub.
B.
Place or remove, or climb with spikes, any living tree or shrub.
C.
Fasten any rope, wire, electric attachments, sign or other device to a tree or shrub or to any guard about such tree or shrub.
D.
Close or obstruct any open space provided about the base of a tree or shrub to prohibit the access of air, water or fertilizer to the roots of such tree or shrub.
E.
Pile any building material or make any mortar or cement within six feet of a tree or shrub.
F.
Change the grade of the soil within the limits of the lateral spread of the branches of any such tree.
G.
Wire, cable and electric current. Every person having control over any wire for transmission of an electric current along a public highway shall, at all times, guard all trees through which, or near which, such wire passes against any injury from the wire or cable or from the electric current carried by it. The device or means used shall in every case be subject to approval by the Department of Construction Official.
H.
Guy wires and braces prohibited. No person shall place any guy wire, brace or other device on any tree in such a manner as to injure it.
I.
Chemical damage. No person shall permit any brine, gas or injurious chemical or liquid to come in contact with the stump or roots of any tree or shrub upon a public roadway other than routine salting for hazardous road conditions as affect the health and safety of the general public.
J.
Interference with Department of Construction Official. No person shall prevent, delay or interfere with any lawful work undertaken by the Department of Construction Official or its authorized agent.
§ 195-135 Removal of trees and shrubs.
A.
Removal required; notice. In case any tree or shrub or any part thereof along the public roadway shall become dangerous to public safety, the owner of the property in front of which such tree or shrub is located shall forthwith remove the same, or the required part thereof, upon receipt of written directive to that effect from the Department of Construction Official.
B.
Standard established. The owner or tenant of any lands lying within the Borough shall keep all brush, hedges and other plant life, growing within both 10 feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than 2 1/2 feet. This shall not require the cutting down of any trees where there is vision through the trees at a height of between 2 1/2 feet from the ground and eight feet from the ground.
C.
Removal by Borough. If the owner fails to remove the tree or shrub or portion thereof within two weeks after receipt of written notice to do so, the work shall be performed by the Borough under the supervision of the office of the Zoning Officer, or a designated agent of the Borough, who shall certify the cost thereof to the Council.[1]
D.
Costs charged against lands; lien established. Upon receipt of the certified costs, the Borough shall examine same and, if found correct, shall cause the costs to be charged against the lands or, if the Council deems the costs to be excessive, shall cause the reasonable cost thereof to be charged against the lands. The amount so charged shall forthwith become a lien upon the lands and shall be added to and become and form part of the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as other taxes, and shall be collected and enforced by the same officer and in the same manner as taxes.
§ 195-136 Enforcement. [1]
If any person shall continue to violate any of the provisions of this chapter, after being duly notified of such violation, or shall neglect or refuse to comply with any lawful order of the office of the Zoning Officer, such violator shall be punishable as provided in § 195-83L of this chapter.
§ 195-137 Destruction and removal of trees from unimproved or vacant land.
A.
Findings. The development of unimproved or vacant land for the purpose of erecting home sites can result in indiscriminate and excess cutting of trees upon tracts of land and can create increased surface drainage and soil erosion, thereby increasing municipal costs to control drainage within the Borough. Excessive removal and destruction of trees impairs the stability and value of improved and unimproved real property in such areas, with attendant deterioration of conditions affecting the health, safety and general welfare of the inhabitants of the Borough. Further, regulations for the indiscriminate removal of trees is within the police power of the Borough.
B. BUFFER AREA BUILDING PLOT PERMITS TREE UNIMPROVED OR VACANT LAND
Definitions. For the purpose of this section, the following words shall have the meanings indicated:
The distance from the side and rear property lines, beginning at the front setback line of the lot and running to the rear line in the case of side lines and for the entire width of the side and/or rear line.
A parcel of land upon which a building has been or may be erected in accordance with this chapter.
A license issued by the Construction Official to remove or destroy trees from any unimproved or vacant land as defined in this section.
Any living tree, having a trunk of a diameter of eight inches or greater, measuring at a height of four feet above natural grade.
Such privately owned land upon which no home has been completely built, and for a period of two years after the certificate of occupancy is issued.
C.
Application of provisions. The provisions of this section shall apply to all unimproved or vacant lands within the Borough.
D.
Permit required; application procedures.
(1)
Permit required. No property owner shall remove or destroy, or cause to be removed or destroyed by any person, any tree on any unimproved or vacant tract of land within the Borough unless a permit is obtained for such removal.
(2)
Application fee. The permit shall be obtained from the Construction Official upon an application being made therefor and a fee of $10 with each application.
(3)
Application information where no building permit is requested. An application for a permit for removal or destruction of any tree or tract where no building permit is requested or contemplated shall contain the name of the applicant, the name of the owner of property with the consent of the owner, if different from applicant, the location and species of trees on a sketch of the property and the reasons for the removal or destruction.
(4)
Application information where building permit is sought. An applicant/owner shall file, along with an application for a permit for removal or destruction of trees, where a building permit for construction is being sought, a site plan, a plan showing the location and species of trees on site, and which trees on the property are to be removed, together with the condition of such trees shown on the plan by the architect, engineer or landscape architect, under the seal of such professional.
(5)
Determination of Planning Board; issuance of permits. The Planning Board shall determine which trees may be removed, and the permit for such removal shall be issued by the Construction Official at the time of the issuance of the building permit.
(6)
Referral to other agencies. The Planning Board shall refer all applications to the Shade Tree Advisory Committee and/or Environmental Advisory Committee for their examination and opinion. Their report shall be submitted to the Planning Board within 20 days of receipt of same. The Planning Board shall not be bound by the recommendations of these Committees, and failure to submit a report to the Planning Board within 20 days shall not be construed as a restriction at any time following the expiration of the twenty-day period.[1]
(7)
Appeal. In the event of denial of any permit, the applicant seeking appeal from the decision of the Construction Official shall proceed before the Board of Adjustment as provided by statute.
E.
Standards for removal. The following shall be the standards to be applied in determining which tree may be removed:
(1)
Hardship in such cases shall be based on an examination of all circumstances considering the applicant's hardship. If the hardship of the owner outweighs the public benefit promoted by retention of trees, the hardship requiring removal may be found to exist.
(2)
Any area to be occupied by a building, driveway, walkway, or recreation area (tennis courts, swimming pools or similar facilities) may have the trees removed, but not more than 15 feet around the perimeter of such facilities, provided the required buffer is not impacted. If no such facilities are provided, the trees may be removed within 20 feet of the rear of a dwelling, provided that in no event shall trees be removed from the rear yard buffer, except as permitted in this chapter.
(3)
The area in the required buffer shall remain undisturbed except for supplemental grading as approved by the Planning Board, provided that no grading shall be permitted within the dripline of a tree which has a caliper of minimally six inches, and further provided that planting shall be permitted in the required buffer. It is further provided that driveways (or walls supporting same) shall be allowed in a buffer, but in no event shall a driveway be permitted to intrude more than five feet into the buffer. Notwithstanding any other provision herein, no tree in a buffer may be removed.
(4)
Where the area has a cut or fill deemed injurious or dangerous to trees, there may be removal of trees in such area, as determined by the Construction Official.
(5)
The Construction Official and/or Borough Engineer shall view the land where the tree or trees are to be removed, as well as drainage or other physical conditions existing on subject or adjoining property, and may consider the opinion of the Shade Tree Advisory Committee and/or Environmental Advisory Committee.[2]
(6)
The permit shall be granted if there is a finding that the removal and destruction will not impair the growth and development of remaining trees on the property of the applicant or adjacent properties and will not cause erosion of soil, impair existing drainage, lessen property values in the neighborhood or impair the aesthetic values of the area.
F.
Regulations.
(1)
Protection of trees. No soil material, permanent or temporary, shall be placed within six feet of any tree. Where grading may be required, trees shall be walled in with extension tile to the outer crown of the tree. No structure, equipment or movable machinery which would injure the tree shall be permitted to operate within six feet of any trees, in order not to disturb the soil and thereby injure the tree prior to removal for construction activity, and all trees to be retained shall be tagged. Said tagging shall be reviewed by the Office of the Construction Official.
(2)
Exempt lands or activities. The following lands or activities shall be exempt from the provisions of this section: Borough, county and state land.
G.
Removal of diseased trees; fees for services of tree experts.
(1)
No fee shall be charged for a permit required for the removal of diseased or damaged trees.
(2)
In cases where the service of a tree expert is required and where a building permit is applied for at the same time, the cost thereof shall be borne by the applicant, and payment of the same shall be a condition precedent to the release of the bond filed or the issuance of a permit.
H.
Penalty; replacement schedule.
[Amended 1-18-2011 by Ord. No. 11-04]
(1)
Any individual, corporation or association violating any provision of this section shall, upon conviction thereof, be punishable by a fine not exceeding $1,000 per offense. The cutting, destruction or removal of each tree shall constitute a separate offense.
(2)
If trees are cut, destroyed or removed for any reason in conjunction with any land use, development or soil movement activity in excess of the specified number of trees which were approved for removal by the Planning Board or Zoning Board, restitution shall be made by the applicant in accordance with the following schedule:
Diameter of Tree Removed (inches) | Number of 2-Inch Caliper Trees To Be Provided | |
|---|---|---|
8 to 15 | 6 | |
16 to 24 | 10 | |
25 to 36 | 15 | |
37 and over | 20 |
§ 195-138 Purpose.
A.
The purpose of this article is to establish regulations for the siting of wireless communications towers and antennas. The goals of this article are to:
[Amended 5-20-2014 by Ord. No. 14-7]
(1)
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(2)
Encourage the location of towers in nonresidential areas;
(3)
Minimize the total number of towers throughout the community;
(4)
The land use policy of the Borough is to require co-location on 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; and
(8)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
B.
In furtherance of these goals, the Borough of Westwood shall give due consideration to the Borough's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
§ 195-139 Definitions.
As used in this article, the following terms shall have the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antenna or towers.
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 communications signals.
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.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit or zoning permit or site plan approval has been properly issued prior to the effective date of this article, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired.
[Amended 5-20-2014 by Ord. No. 14-7]
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications 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.
§ 195-140 Applicability.
B.
Amateur radio station operators/receive-only antennas. This article shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
D.
An applicant seeking to co-locate wireless communication equipment on a wireless communication support structure or in an existing equipment compound that complies with each and every listed requirement detailed in N.J.S.A. 40:55D-46.2, and does not require variance approval, shall be exempt from a site plan review, but shall be responsible to provide a needs analysis, as defined herein, and secure all necessary and required zoning and construction permits prior to implementing any modifications to the wireless communication equipment.
[Amended 5-20-2014 by Ord. No. 14-7]
§ 195-141 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 district 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 Planning/Zoning Board an inventory of the existing towers, antennas, or sites approved for towers or antennas that are either within the corporate boundaries of the Borough of Westwood or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Borough may share such information with other applicants applying for zoning permits or site plan approval under this article or other organizations seeking to locate antennas within the corporate boundaries of the Borough of Westwood; provided, however, that the Borough is not, by sharing such information, in any way representing or warranting that such sites are available, suitable, or that the information is accurate, complete and/or contemporary.
[Amended 1-18-2011 by Ord. No. 11-04; 5-20-2014 by Ord. No. 14-7]
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 article shall bring such towers and antennas into compliance with such revised standards and regulations within six 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[1] 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 Westwood 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 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 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 Westwood, irrespective of municipal and county jurisdictional boundaries.
I.
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this article 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 communications system in the Borough of Westwood have been obtained and shall file a copy of all required franchises with the Zoning Officer.
[Amended 1-18-2011 by Ord. No. 11-04]
K.
Public notice. For purposes of this article, any variance request, or appeal of an administratively approved use or variance shall require public notice to all abutting property owners in strict accordance with the requirements contained in N.J.S.A. 40:55D-12.
[Amended 5-20-2014 by Ord. No. 14-7]
L.
Signs. No signs shall be allowed on an antenna or tower, except for safety, warning or regulatory signs.
[Amended 5-20-2014 by Ord. No. 14-7]
M.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 195-145.
N.
Multiple antenna/tower plan. The Borough of Westwood encourages the users of towers and antennas to submit a comprehensive plan of proposed coverage for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process for all towers and/or antenna sites.
[Amended 5-20-2014 by Ord. No. 14-7]
§ 195-142 Permitted uses.
[Amended 5-20-2014 by Ord. No. 14-7]
Siting preferences. Pursuant to the needs analysis required by Subsection A below, an application to install, construct, erect, move, reconstruct, or modify any wireless telecommunications antenna shall be subject to siting preferences as follows:
A.
If the needs analysis demonstrates that it is reasonably necessary to install, construct, erect, move, reconstruct, or modify a wireless telecommunication antenna within the Borough of Westwood, then, subject to all other permitted conditional use standards, the proposed wireless telecommunications antenna may be located upon an existing building or existing wireless telecommunications tower as a conditional use within the H Zone, or upon municipal buildings, towers or properties. In all cases, preference shall be given to municipal sites for wireless telecommunications antennas.
B.
If the needs analysis demonstrates that it is not reasonably practicable to install, construct, erect, move, reconstruct, and/or modify the proposed wireless telecommunications antenna upon an existing building or on an existing wireless telecommunications tower in accordance with § 195-142A, then, subject to all other permitted conditional use standards, the proposed wireless telecommunications antenna may be located or co-located upon a new wireless telecommunications tower to be constructed as a conditional use within the C, H, HSO, LM Zones, or on municipally owned facilities or properties.
§ 195-143 Administratively approved uses.
[Amended 5-18-2010 by Ord. No. 10-10; 12-21-2010 by Ord. No. 10-30; 1-18-2011 by Ord. No. 11-04; 5-20-2014 by Ord. No. 14-7]
The following uses may be approved by the Zoning Officer after conducting an administrative review:
A.
Locating an antenna, including the placement of additional buildings or other supporting equipment, including an increase in tower height used in connection with said tower or antenna, as authorized by N.J.S.A. 40:55D-46.2.
§ 195-144 Conditional use regulations.
[Amended 5-18-2010 by Ord. No. 10-10; 12-21-2010 by Ord. No. 10-30; 1-18-2011 by Ord. No. 11-04]
A.
General. The following provisions shall govern the approval of a conditional use pursuant to N.J.S.A. 40:55D-67 for towers or antennas by the Planning Board:
[Amended 5-20-2014 by Ord. No. 14-7]
(1)
Applications for approval of a conditional use pursuant to N.J.S.A. 40:55D-67 under this section shall be subject to the procedures and requirements of § 195-45 of this chapter, except as modified in this section.
(2)
In granting approval of a conditional use pursuant to N.J.S.A. 40:55D-67, 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.
(3)
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, of a site plan nature, shall be certified by a licensed professional engineer.
(4)
An applicant for approval of a conditional use pursuant to N.J.S.A. 40:55D-67 shall submit the information described in this section and a nonrefundable fee, as established by resolution of the Governing Body of the Borough of Westwood, to reimburse the Borough of Westwood for the costs of reviewing the application.
B.
Towers, antennas and ancillary structures.
(1)
Information required. In addition to any information required for applications for conditional use approval pursuant to § 195-45 of this chapter, applications for a conditional use approval for a tower, antenna or appurtenant structure shall submit the following information:
(a)
A scaled plan clearly indicating the location, type and height of the proposed tower, antenna or appurtenant structures, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), zoning ordinance classification of the site and all properties within the applicable separation distances set forth in § 195-144B(5) or within 200 feet, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, antenna and appurtenant structures, topography, parking and other information deemed by the Zoning Officer to be necessary to assess compliance with this article.
(b)
Legal description of the parent tract and leased parcel (if applicable).
(c)
The setback distance between the proposed tower, antenna and appurtenant structures and the nearest residential unit.
(d)
The separation distance from other towers described in the inventory of existing sites, submitted pursuant to § 195-141C, 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.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
(h)
A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users. Said statement shall be based upon an engineering study evaluating the structural stability and ability of the tower to accommodate the proposed additional antennas and shall be accompanied by the engineering study upon which the statement is based.
[Amended 5-20-2014 by Ord. No. 14-7]
(i)
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.
(j)
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.
(k)
A description of the feasible location(s) of future towers or antennas within the Borough of Westwood, based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(2)
Factors considered in granting approval of a conditional use pursuant to N.J.S.A. 40:55D-67 for towers. In addition to any standards for consideration of applications for approval of a conditional use pursuant to N.J.S.A. 40:55D-67, and pursuant to § 195-45 of this chapter, the Board shall consider the following factors in determining whether to approve a conditional use pursuant to N.J.S.A. 40:55D-67, although the Planning Board may waive or reduce the requirements on the applicant of one or more of these criteria if the Planning Board concludes that the goals of this article are better served thereby:
[Amended 5-20-2014 by Ord. No. 14-7]
(a)
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Subsection B(3) of this section.
(b)
Proximity of the tower to residential structures and residential district boundaries;
(c)
Nature of uses on adjacent and nearby properties;
(d)
Surrounding topography;
(e)
Surrounding tree coverage and foliage; and
(f)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(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:
(a)
No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(d)
The applicant's 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.
(e)
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.
(f)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(h)
Collocation inquiries and responses.
[Amended 5-20-2014 by Ord. No. 14-7]
[1]
The applicant shall have made a formal, bona fide inquiry as to the owner's willingness to enter into a co-location agreement to each and every owner of record of existing towers within the Borough of Westwood. Such an inquiry shall be made by certified mail and made no less than 120 days and no more than 180 days before the date the applicant's application is filed with the Zoning Officer, in writing, addressed to the president or registered agent of a corporation, the managing member of a limited-liability company or the owner of record as appearing on the tax records of the municipality for an individually owned site. As to municipal sites, any such inquiry for co-location shall be made via certified mail, return receipt requested, to the Borough Clerk and Zoning Officer. The inquiry shall state, in substance:
"The applicant seeks to install [describe nature of proposed antennas and/or towers] at [describe location], however, as you [the addressee] are the owner/operator of an existing site, we are hereby soliciting from you a statement of interest or noninterest in accommodating our antennas at your location." |
[2]
In addition, whenever an application to erect a new tower or antenna is made, a copy of the application and all supporting materials submitted to the Zoning Officer shall also be provided to the Mayor and Council by certified mail, or other qualified means of delivery, to the Borough at the time of the filing of the application.
[3]
In addition, the applicant shall furnish a copy of any written reply received from such an owner/operator or shall certify that no written response was received. If the response received was oral, the applicant shall certify the person from whom received and the substance of the reply.
(4)
Setbacks. The following setback requirements shall apply to all towers for which approval of a conditional use pursuant to N.J.S.A. 40:55D-67 is required; provided, however, that the Planning Board may reduce the standard setback requirements if the goals of this article would be better served thereby:
[Amended 5-20-2014 by Ord. No. 14-7]
(5)
Separation. The following separation requirements shall apply to all towers and antennas for which approval of a conditional use pursuant to N.J.S.A. 40:55D-67 is required; provided, however, that the Planning Board may reduce the standard separation requirements if the goals of this article would be better served thereby.
(a)
Separation from off-site uses/designated areas.
[1]
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.
[2]
Separation requirements for towers shall comply with the minimum standards established in Table 1.
[Amended 5-20-2014 by Ord. No. 14-7]
Table 1: Separation Distances of Towers From Off-Site Uses/Designated Areas | ||
|---|---|---|
Off-Site Use/Designated Area | Separation Distance | |
Single-family or duplex residential units1 | 200 feet or 300% height of tower, whichever is greater | |
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired | 200 feet or 300% height of tower,2 whichever is greater | |
Vacant unplatted residentially zoned land3 | 100 feet or 100% height of tower, whichever is greater | |
Existing multifamily residential units greater than duplex units | 100 feet or 100% height of tower, whichever is greater | |
Nonresidentially zoned lands or nonresidential uses | None; only setbacks apply | |
NOTES: | ||
|---|---|---|
1 | Includes modular homes and mobile homes used for living purposes. | |
2 | Separation measured from base of tower to closest building setback line. | |
3 | Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than duplex. | |
(b)
Separation distances between towers.
[1]
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.
[Amended 5-20-2014 by Ord. No. 14-7]
Table 2: Separation Distances Between Existing Towers (linear feet) | |||||
|---|---|---|---|---|---|
Lattice | Guyed or Cable Supported | Monopole 75 Feet in Height or Greater | Monopole Less Than 75 Feet in Height | ||
Lattice | 5,000 | 5,000 | 1,500 | 750 | |
Guyed | 5,000 | 5,000 | 1,500 | 750 | |
Monopole 75 feet in height or greater | 1,500 | 1,500 | 1,500 | 750 | |
Monopole less than 75 feet in height | 750 | 750 | 750 | 750 | |
(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 anticlimbing device; provided, however, that the Planning Board may waive such requirements as it deems appropriate.
(7)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which approval of a conditional use pursuant to N.J.S.A. 40:55D-67 is required; provided, however, that the Planning Board may waive such requirements if the goals of this article would be better served thereby:
(a)
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. The standard buffer shall consist of a landscaped strip, at least four feet wide, outside the perimeter of the compound.
(b)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
(c)
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.
C.
Wireless telecommunications antennas. Wireless telecommunications antennas shall be consistent with the following requirements:
[Added 5-20-2014 by Ord. No. 14-7]
(1)
Microwave dishes, cones, or other antennas used for the purpose of point-to-point microwave transmission or microwave links are prohibited, except for municipal emergency services.
(2)
Side-arm mounted antennas, of any kind, are prohibited.
(3)
Subject to the siting preferences set forth in § 195-142 above, wireless telecommunications antennas may be mounted on existing buildings or other structures or on wireless telecommunications towers, provided that:
(a)
Wireless telecommunications antennas mounted to a facade of a building are permitted only if designed to blend into the existing architectural detailing of the building. Wireless telecommunications antennas are permitted to be rooftop mounted instead of facade mounted only if the analysis demonstrates the need for such a configuration and such roof-mounted antennas employ stealth technology, such as the use of appropriately colored shields or screens.
(b)
Wireless telecommunications antennas mounted on existing buildings or other structures shall comply with the height restrictions applicable to the particular zone.
(c)
Wireless telecommunications antennas mounted on wireless telecommunications towers shall not extend beyond the height limitations for such towers.
(d)
Wireless telecommunications antennas shall be constructed, finished, or painted to employ stealth technology to camouflage the antennas so as to minimize their visual impact on the landscape.
D.
Wireless telecommunications towers shall be designed to comply with the following regulations:
[Added 5-20-2014 by Ord. No. 14-7]
(1)
Wireless telecommunications towers shall be limited to monopole designs only. Freestanding lattice towers and guyed or cable-supported towers of any kind are prohibited.
(2)
To the maximum extent practicable, wireless telecommunications towers shall be designed to permit co-location of additional antennas.
(3)
The maximum height of any wireless telecommunications tower, including any wireless telecommunications antennas or other equipment mounted thereon, shall be no higher than required to close the significant gap in service as provided by the needs analysis. However, in no instance shall a wireless communication tower exceed 100 feet above grade. Municipal communication towers are exempt from this height restriction.
(4)
The minimum lot size on which a wireless telecommunications tower may be located is in accordance with the standards established by the Area and Bulk Regulations for the Borough of Westwood.[1]
[1]
Editor's Note: See Schedule A, included as an attachment to this chapter.
(5)
All wireless telecommunications towers shall be constructed, finished, or painted to employ stealth technology to camouflage the equipment compound, tower and antenna so as to minimize their visual impact on the landscape.
§ 195-145 Buildings or other equipment storage.
[Amended 5-18-2010 by Ord. No. 10-10; 12-21-2010 by Ord. No. 10-30; 1-18-2011 by Ord. No. 11-04; 5-20-2014 by Ord. No. 14-7]
A.
Wireless telecommunications equipment and wireless telecommunications equipment compounds shall comply with the following regulations. All wireless telecommunications equipment shall be housed within a wireless telecommunications equipment compound, consistent with the following requirements:
(1)
Wireless telecommunications equipment compounds shall be enclosed within a locked security fence not less than six feet nor more than eight feet in height, unless located within an existing building.
(2)
No wireless telecommunications equipment compound or any wireless telecommunications equipment housed therein shall exceed 15 feet in overall height. If the wireless telecommunications equipment enclosure is to be installed on the rooftop of an existing building or structure, then the facility shall not exceed 12 feet in height or occupy more than 300 square feet. If a higher or larger enclosure is deemed necessary, such enclosure shall be located on the ground, not on a roof.
(3)
Wireless telecommunications equipment compounds shall be constructed, finished, located or painted so as to minimize their visual impact on the landscape and viewshed. Compounds or enclosures mounted on a building rooftop shall be screened and painted to match the architecture of the building.
(4)
Reasonable efforts shall be employed to camouflage and minimize the visual impact of any wireless telecommunications technology installed or constructed pursuant to the provisions of this subsection.
B.
Wireless telecommunications technology shall fully conform to all applicable federal and state regulations and laws.
C.
Routine maintenance of wireless telecommunications technology shall be limited to the hours of 7:00 a.m. to 7:00 p.m.
D.
Notwithstanding other provisions of this article, wireless telecommunications technology may be located on a lot on which another principal building or structure is situated or on which there is no principal building or structure.
E.
Setback requirements for the location of wireless telecommunications technology.
(1)
The minimum setback from any school lot line or other lot line on which a licensed educational facility is located shall be 300 feet.
(2)
The minimum setback from residential lot lines shall be 100 feet.
(3)
No wireless telecommunications technology shall be located in the front yard of any lot, except that building-mounted wireless telecommunications antennas may extend an additional two feet into the otherwise required front yard when mounted on the facade of a building.
F.
Additional site plan requirements.
(1)
In addition to compliance with all applicable zoning and site plan requirements, applications for approval of wireless telecommunications technology shall include the following:
(a)
A driveway, turnaround, and one parking space.
(b)
Neutral color or colors for the proposed wireless telecommunications equipment and, when required by the Board, the use of stealth technology.
(c)
A visual impact statement (VIS) with particular attention given to the visibility of the proposed wireless telecommunications equipment from key viewpoints, such as but not limited to key intersections, identified areas of public interest, i.e., schools, parks-related features and ridges, plus those additional areas of public interest as identified by the reviewing Board during the application review.
(d)
The reviewing Board may, where appropriate, require the applicant to conduct a simulation of the visibility of a proposed wireless telecommunications tower in accordance with a test protocol approved by the Board's professional consultants.
(e)
A map of existing wireless telecommunications technology within the corporate boundary of the Borough of Westwood or within one mile therefrom which is owned, leased, or otherwise under the custody, control, or use of the applicant or another wireless telecommunications service provider at the time of application, and of sites within the Borough of Westwood or within one mile therefrom where wireless telecommunications technology is proposed or projected to be installed, constructed, erected, moved, reconstructed, and/or modified by or for the benefit of the applicant within the next two years.
(f)
A certified load analysis report prepared by a qualified and licensed professional for the building, structure, existing wireless telecommunications tower, or proposed wireless telecommunications tower upon which a wireless telecommunications antenna is proposed to be located, indicating its ability to support possible future co-located wireless telecommunications antennas.
(2)
The reviewing authority may waive any of these requirements, for good cause shown, where an application is made to locate a proposed wireless telecommunications antenna upon an existing building, structure or wireless telecommunications tower.
G.
Application requirements for zoning permits for wireless telecommunications technology. In addition to submission of all applications required by the Land Use Ordinance, all applicants seeking the installation, construction, erection, movement, reconstruction, or modification of any wireless telecommunications technology shall submit the following:
(1)
Needs analysis. The needs analysis shall contain documentary evidence demonstrating the need for the proposed installation of new antennas. An applicant replacing antennas on a one-for-one basis shall be exempt from supplying a needs analysis, provided that the replacement antennas are installed no higher than the height of the existing antennas. This evidence shall include, at a minimum:
(a)
The wireless telecommunications service provider's wireless telecommunications network layout and coverage area for a radius of at least one mile from the proposed site, identifying all locations:
[1]
In operation as of the filing date of the application;
[2]
Under construction as of the filing date of the application;
[3]
Pending approval before any licensing authority as of the filing date of the application; or
[4]
Planned or projected for approval and construction within the next two years following the filing date of the application.
(b)
All results and, to the extent requested by the reviewing authority, supporting data, derived from tests which must be conducted to determine before-and-after signal strength plots. These results and data:
[1]
Shall demonstrate the actual existing signal coverage in effect at the time of application, contrasted with the proposed signal coverage which would result from the proposed installation, construction, erection, movement, reconstruction, or modification of wireless telecommunications technology within the Borough of Westwood; and
[2]
Shall be certified by a qualified, independent radio frequency engineer. The Borough, and its employees and agencies, reserves the right to retain a radio frequency engineer on its own behalf at the applicant's sole expense to review the results or data submitted on behalf of the applicant.
(c)
A search ring surrounding the proposed site that shall be prepared by a qualified radio frequency engineer and overlaid on an appropriate background map demonstrating the area within the Borough where the wireless telecommunications technology needs to be located in order to provide reasonably necessary signal strength and coverage to the target area.
(d)
In connection with the signal strength plots and search ring described above, the applicant shall provide a report prepared by a qualified independent radio frequency engineer which explains why the proposed location was selected and which specifically addresses, at a minimum:
[1]
If an applicant is required to provide a needs analysis pursuant to § 195-142, then said analysis shall demonstrate why it is reasonably necessary to locate that wireless telecommunications antenna within the Borough of Westwood;
[2]
If the applicant proposes to install, construct, erect, move, reconstruct, and/or modify a wireless telecommunications antenna upon a new wireless telecommunications tower:
[a]
Why it is reasonably necessary to locate the proposed wireless telecommunications antenna within the Borough of Westwood;
[b]
Why it is not reasonably practicable to locate or co-locate the proposed wireless telecommunications antenna upon an existing building or structure within the H or CO Zones or municipal-owned facilities or properties; and
[c]
Why it is not reasonably practicable to locate or co-locate the proposed wireless telecommunications antenna upon an existing wireless telecommunications tower within the C, H, LM or HSO Zones or municipally owned facilities or properties.
(2)
Maximum RF exposure analysis. The maximum RF exposure analysis shall be a written report prepared by a qualified expert in the scientific study of radio frequency (RF) radiation safety. The report shall identify all applicable laws, regulations, and industry standards establishing maximum exposure levels for RF radiation. The report shall calculate the maximum RF exposure levels at the lot or lease lines of the proposed site, based upon the maximum power output of the full complement of wireless telecommunications antennas which the wireless telecommunications tower or other supporting structure is capable of accommodating. The analysis shall demonstrate, to the satisfaction of the reviewing authority, that the maximum RF exposure at the lot or lease lines of the proposed site would not exceed the applicable maximum RF exposure levels established by federal law. The reviewing authority may appoint, at the applicant's sole expense, a qualified independent expert to review the analysis, its supporting data, and its underlying assumptions.
H.
Permit standards. The following criteria shall be considered by the reviewing authority and may be used as a basis to impose reasonable conditions on the applicant.
(1)
Aesthetics. Wireless telecommunications technology shall be located and buffered to the maximum extent which is practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic effect on neighboring residences to the extent possible, the authority may impose reasonable conditions on the approval of the application including the following:
(a)
The authority may require the applicant to show that it has made good faith efforts to minimize the height of proposed towers, to co-locate on existing buildings, structures, or wireless telecommunications towers, or to locate proposed new wireless telecommunications towers near existing towers in an effort to consolidate visual disturbances;
(b)
The applicant must submit a copy of its policy regarding co-location with other potential applicants on any proposed wireless telecommunications tower;
(c)
The authority may require the applicant to use camouflage, architectural treatments, and/or otherwise minimize the visual impact of the proposed wireless telecommunications technology. Where appropriate to prevent degradation or impairment of public view or vistas, the authority may require off-site and/or off-tract landscape improvements to minimize sight lines from highly trafficked locations or to mitigate the disruption of scenic vistas.
(2)
Radio-frequency effect. The authority may impose conditions on the applicant that the proposed wireless telecommunications antenna be operated only at Federal Communication Commission (FCC) designated frequencies and power levels and/or relevant and applicable exposure limits. The authority may require that competent documentation be provided which establishes that maximum allowable frequencies, power levels, and exposure limits for radiation from the site will not be exceeded, and that radio and television reception will not be interfered with.
(3)
Structural safety.
(a)
Upon written request from the Borough of Westwood, at any time during the application process or after the installation, construction, erection, movement, reconstruction, or modification of any wireless telecommunications technology, the applicant shall provide a report from a licensed professional engineer certifying as to the condition of the wireless telecommunications technology with respect to applicable structural safety standards. Such requests from the Borough shall not occur more often than once every three years or upon an application to replace or co-locate additional antennas upon the tower. If the engineer's report recommends that repairs or maintenance are required, then a letter shall be submitted to the Borough Construction Official which shall contain a reasonable schedule for the required repairs or maintenance. Upon the completion of repairs or maintenance, a letter shall be promptly submitted to the Borough Construction Official to certify the continued integrity of the wireless telecommunications technology.
(b)
In the event the applicant fails to comply with these requirements regarding structural safety, the Borough reserves the right, in addition to all of its other rights and remedies available under federal, state, and local law, to declare the applicant in default of its obligations under this subsection. Should that occur, the applicant will have 10 days to notify the Borough of Westwood Construction Official as to how it intends to cure its default, setting forth a reasonable schedule for same. In the event the applicant fails to so notify the Borough or fails to cure as agreed, the Borough may arrange for the removal and/or demolition of the applicant's wireless telecommunications technology; declare the wireless telecommunications technology to be abandoned and arrange for the public auction of the wireless telecommunications technology; and/or pursue such other remedies at law and in equity as may be available. Nothing in this subsection shall be construed to limit the applicant's liability for criminal or civil prosecution.
§ 195-146 Removal of abandoned antennas and towers.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Westwood notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 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.
§ 195-147 Nonconforming uses. [1]
A.
Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this article.
B.
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding § 195-146, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval and without having to meet the separation requirements specified in § 195-144B(4) and (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[2] 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 § 195-146.
[Amended 5-20-2014 by Ord. No. 14-7]
[1]
Editor's Note: Original § 65C-121J.1, Not Expansion of Nonconforming Use, which immediately followed this section title, was repealed 5-18-2010 by Ord. No. 10-10 and 12-21-2010 by Ord. No. 10-30.
§ 195-148 Applicability.
All nonresidential uses shall be subject to the following standards.
§ 195-149 Compliance requirements.
A.
Prior to commencement of construction and/or operation. Any application for a building permit or a certificate of occupancy for a use which shall be subject to performance standards shall be accompanied by a sworn statement by the owner of subject property that said use shall be operated in accordance with the performance standards set forth herein. The applicant shall submit a certification from the appropriate professionally qualified person or firm that the proposed use will comply with the following standards.
B.
Continued compliance. Continued compliance with performance standards shall be required, and enforcement of continued compliance with these performance standards shall be enforced by the Construction Official, Borough Engineer, Health Officer and Fire Prevention Bureau.
§ 195-150 Locations for measurement determinations.
§ 195-151 Specific standards.
A.
Dissemination of smoke, dust, fumes, and other noxious gases shall be required to be within the limits of the industrial tolerance standards of the State Department of Health and Senior Services, the Bureau of Adult and Industrial Health, and within the provisions of the Air Pollution Control Act of the state, as set forth in N.J.S.A. 26:2C-1 to 26:2C-23, inclusive, and the following provisions, whichever is more restrictive.
B.
Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in § 195-150 above.
C.
Glare. No direct or sky-reflected glare shall be visible at the points of measurement specified in § 195-150 above.
D.
Smoke.
(1)
The emission standard of this chapter or as promulgated by the New Jersey Department of Environmental Protection, whichever is more restrictive, shall apply.
(2)
No emission shall be permitted, from any chimney or otherwise, of visible gray smoke at a shade equal to or darker than No. 1 on the Power's Micro-Ringelmann Chart, published by McGraw Hill Publishing Company, Inc., copyright 1954, being a direct facsimile reduction of a standard Ringelmann Chart as issued by the United States Bureau of Mines.
(3)
The provisions of this subsection shall not apply to:
E.
Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive, as measured as set forth in § 195-150 above.
F.
Fly ash and dust. No emission of any fly ash or dust shall be permitted to be discharged from any stack, chimney or by other means into the open air in excess of the quantity set forth in regulations promulgated by the New Jersey Department of Environmental Protection, nor shall any emission be permitted which can cause any damage to health, to animals or vegetation, or other forms of property, or to any excessive soiling.
G.
Noise.
(1)
There shall be no noise from any source, other than as provided herein, which shall exceed the values given in the following table in any octave band or frequency. Test equipment methods and procedures shall conform to standards as published by the Department of Environmental Protection of the State of New Jersey or its approved equivalent.
(2)
No person shall cause, allow or permit sound from any nonresidential use which, when measured at any residential property line, shall be in excess of the following:
(a)
Continuous airborne sound which has a sound level in excess of 65 dBA shall be prohibited between the hours of 7:00 a.m. and 10:00 p.m., and 55 dBA between the hours of 10:00 p.m. and 7:00 a.m.
(b)
Continuous airborne sound which has an octave band sound-pressure level in decibels which exceed the values listed in the table below in one or more octave bands shall be prohibited.
(c)
Impulsive airborne sound which has an impulsive sound level in excess of 80 decibels shall be prohibited.
(3)
No person shall cause, allow or permit sound from any nonresidential use which, when measured at the property line of any other nonresidential use property, is in excess of the following:
(a)
Continuous airborne sound level in excess of 65 dBA.
(b)
Continuous airborne sound which has an octave band sound-pressure level in decibels which exceed the values listed in Column 1 in the table below in one or more octave bands.
(c)
Impulsive airborne sound which has an impulsive sound level in excess of 80 decibels.
Octave Band Center Frequency (Hz) | Column 1: Octave Band Sound-Pressure Level (dBA) From 7:00 a.m. to 10:00 p.m. | Column 2: Octave Band Sound-Pressure Level (dBA) From 10:00 p.m. to 7:00 a.m. | |
|---|---|---|---|
31.5 | 96 | 86 | |
63 | 82 | 71 | |
125 | 74 | 61 | |
250 | 67 | 53 | |
500 | 63 | 48 | |
1,000 | 60 | 45 | |
2,000 | 57 | 42 | |
4,000 | 55 | 40 | |
8,000 | 53 | 38 |
(4)
Testing of only the electromechanical functioning of a stationary emergency signaling device shall occur at the same time each day that a test is performed, between 8:00 a.m. and 8:00 p.m. Any such testing shall only use the minimum cycle test time, but in no event shall exceed 10 seconds.
(5)
Testing of the complete emergency signaling system shall not occur more than once a month and shall occur between the hours of 8:00 a.m. and 8:00 p.m.
(6)
The operational performance standards established herein shall not apply to any of the following noise sources: bells, chimes or carillons while being used in conjunction with religious services; commercial motor vehicle operations; emergency energy-release devices; emergency work to provide essential services when public health or safety is involved; community emergency-warning devices; noise of aircraft operations; public celebrations; public roadways, including rail; unamplified human voice.
(7)
For objectionable noises due to intermittence, beat frequency or hammering, or if the noise is not smooth and continuous, correction shall be made to the above table by subtracting five decibels from each of the decibel levels given.
H.
Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity. No activities shall be permitted where electrical disturbances adversely affect the operation of any equipment. All applicable federal and state regulations shall be complied with.
I.
Fire and explosion hazard. All activities involving storage of flammable and explosive materials shall be carried on in structures which conform to the standards of the National Board of Fire Underwriters of the Borough Building Code or the Fire Ordinance,[1] whichever is more restrictive. All operations shall be carried out, and all materials stored, in accordance with the standards of the Board of Fire Underwriters. Burning of waste materials in open fires is prohibited.
J.
Liquids or solid waste. All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough and the New Jersey State Department of Environmental Protection.
K.
Glare. There shall be no direct or reflected glare exceeding 0.05 footcandles, measurable beyond the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrance or exit of service drives.
§ 195-152 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Giving, attempting to give or intending to give any notice or information, or any activity which gives, attempts to give or intends to give notice, information or warning.
Any structure made of cloth or metal, with a metal frame attached to a building, projecting over a thoroughfare.
Any temporary sign applied to paper, plastic or fabric of any kind, which shall be permitted by the Borough Council by permit, above a public right-of-way.
Any signboard or other surface used for the purpose of displaying a sign not related to the use of the premises.
To build, construct, attach, hang, place, suspend or affix, and shall also include the painting or lettering or otherwise affixing of any sign, insignia or letters to the outside wall of any building or structure or part thereof.
Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
In a building without dividing walls or partitions, the front width between the two intersecting walls multiplied by the height; and in a divided building, the front width between the side wall and the dividing wall, or between the two dividing walls, as applicable, multiplied by the height.
Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs.
A building or structure or tract of land.
Any sign erected, constructed and maintained wholly upon or over the roof of any building, with the principal support on the roof structure.
Includes any device, either freestanding or attached to a building or structure or erected, painted, represented or reproduced upon or in (to the extent provided herein) any building or structure, which displays, reproduces or includes any letter, word, name, number, model, insignia, emblem, design, device or representation used for one or more of the following purposes: to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service or other activity; to advertise any product or item; to advertise the sale or rental or use of all or part of the premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic, other than state, county or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interests of any person. In no event shall the word "sign" be construed to mean any sign in the interior of any structure except as specifically set forth in this chapter.
Shall be computed as the total square foot content of the background upon which the lettering, illustration or display is presented, including any frame, but not base support. If there is no background, the sign area shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration or display. This shall not be construed to include the supporting members of any sign which are used solely for such purposes. For signs with two display faces, the maximum area requirement shall be permitted on each side.
Any building, edifice, construction, canopy, awning, device or piece of work, or any part thereof or any combination of related parts.
Any sign that is not permanently mounted as specifically permitted by this chapter.
The occupation, activity, business operation or industrial operation maintained or engaged in by any person. Where a business or industrial building contains no dividing walls or partitions, the one or more uses maintained or engaged in therein shall be considered as one use. Where such business or industrial building is divided by dividing walls or partitions, the one or more uses maintained or engaged in each such division shall be considered as one use.
All flat signs of solid-face construction which are placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure so that the display surface is parallel with the plane of the wall. Signs painted on an exterior wall shall be deemed to be "wall signs" subject to this chapter. All wall signs shall not extend greater than 12 inches from the exterior surface that the sign is mounted to.
Any opening in the exterior wall of any building for the purpose of admitting air or light and enclosed by glass.
Includes all signs defined herein which are situated on or within 12 inches of the window surface.
Includes the aggregate square footage of all windows on any given side and any given story of any structure, regardless of the angle or angles at which they are set. In computing window space there shall be included all portions of any door which contains a window.
§ 195-153 Permit requirements; exceptions.
A.
No sign shall be erected, altered, located or relocated within the municipality except upon application and the issuance of a permit as hereinafter provided.
(1)
Application.
(a)
Application for a permit for residential signs. Application for a permit for a sign for premises used for residential purposes shall be made in writing to the Zoning Officer and presented together with the appropriate filing fee. Such application shall be sufficient to describe the premises and the location at which the sign is to be placed, together with a rendering of the sign, inclusive of its dimensions, design and color. There shall also be provided a statement as to the means by which said sign shall be constructed on the premises. The Zoning Officer shall act upon such application within 15 days of the receipt thereof.
[Amended 9-4-2001 by Ord. No. 01-19[1]]
(b)
Application for a permit for nonresidential signs. Any sign associated with a change in occupancy or ownership necessitates an application for a sign permit. Application for a permit for a permitted nonresidential sign conforming to the regulations set forth herein shall be made in writing to the Zoning Officer. Such application shall be sufficient to describe the premises and location at which the sign is to be affixed and shall include at a minimum the following items:
[Amended 1-18-2011 by Ord. No. 11-04]
[1]
The name and address of the applicant.
[2]
The name and address of the owner of the premises.
[3]
A statement as to whether the owner has consented to the application, if the applicant is other than the owner.
[4]
A rendering to scale of the sign, reflecting its composition, colors, dimensions, elevation from grade level and lighting; the address of the premises; specification and location of all existing signs; the sight distances, in the case of freestanding signs, with relation to accessways to the premises on which such sign is to be located and adjacent premises; the information to be stated on the sign, and the method by which said sign shall be secured and/or illuminated.
(c)
Application for a permit for a sign which does not comply with the provisions of this chapter shall be submitted to the appropriate approving authority, including any sign associated with a change in occupancy or ownership which does not comply with the provisions set forth herein. Such application shall be in writing and, upon notice and a public hearing where the same is required by law, submitted at least 25 days before the next meeting preceding the succeeding public meeting date of the appropriate authority, together with a filing fee as hereinafter set forth. Such application shall be in triplicate and accompanied by no less than 15 sketch plats in the case of an application for a freestanding sign, and 15 building elevations where the application is for other than a freestanding sign, each of which shall be drawn to scale and reflect the sign location and designation. In addition, on such drawing or separate sheet, the information set forth above shall be provided.
[Amended 9-4-2001 by Ord. No. 01-19]
(2)
Issuance of permit.
[Amended 9-4-2001 by Ord. No. 01-19; 1-18-2011 by Ord. No. 11-04]
(a)
A permit shall be issued by the Zoning Officer, depending on the size of the sign, upon the favorable action of the approving authority, subject to any other applicable governmental regulations, or as otherwise provided herein.
(b)
A permit for replacement of an existing sign may be issued by the Zoning Officer without the necessity of Board approval only upon satisfaction of the following conditions:
[1]
There is no physical alteration or expansion to the existing sign beyond the limits provided herein.
[2]
The sign conforms in all respects to the ordinance provisions specified herein.
[3]
No other signage is proposed to be added to the premises beyond that which is permitted herein.
[4]
Proof of permit for existing signage is provided.
B.
Exceptions. The provisions and regulations of this section concerning permits shall not apply to the following signs:
(1)
Residential nameplates identifying a single-family residence and/or street address, not to exceed one square foot in area.
(2)
A sign identifying the architect, engineer or contractor, when placed upon a work site under construction, not to exceed 16 square feet in area, provided the sign is set back at least 15 feet from the curb, and further provided that same is removed within 24 hours after the final certificate of occupancy is issued.
(3)
Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.
(4)
Traffic or other municipal signs, legal notices, railroad crossing signs, danger signs and such temporary or emergency signs or signs of other governmental agencies deemed necessary to the public welfare.
(5)
Flags of the United States, State of New Jersey or other governmental or quasi-public agencies.
(6)
Holiday decorations and lights on residential properties. Temporary seasonal and holiday window paintings on commercial business windows as regulated herein.
[Amended 9-18-2012 by Ord. No. 12-15]
(7)
Signs erected to control traffic movement on premises, provided these signs provide traffic directions only and shall not be used for any advertising purpose. These signs shall not exceed 12 square feet in area and four feet in height.
(8)
Election or political signs, provided that said signs are placed entirely on private property, set back minimally 15 feet from lot lines, and do not exceed 12 square feet in area and four feet in height.
(9)
Garage sale signs, subject to the following provisions:
(a)
In connection with an impending garage sale, two signs of not more than four square feet shall be permitted to be displayed on the property of the residence where the garage sale is being conducted.
(b)
No sign or other form of advertisement shall be exhibited for more than two days prior to the day such sale is to commence.
(c)
Signs must be removed each day at the close of the garage sale activities or by the end of daylight, whichever occurs first.
(d)
These regulations shall apply to other similar casual sales of tangible personal property (such as attic sales and rummage sales) which are to be advertised so the public at large is aware of the sale.
(10)
Illuminated "open" signs for permitted commercial establishments, subject to the following:
[Added 3-2-2021 by Ord. No. 21-2]
§ 195-154 Computation of sign area and sign height.
The following principles shall control the computation of sign area and sign height.
A.
Computation of area of individual signs. The area of a sign face shall be computed by drawing a square or rectangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with the sign frame and any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, or by delineating the area established by reason of distinctive variation in background color or by borders, whichever is greater.
B.
Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical signs are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart at any one point, the sign area shall be computed by the measurement of one of the faces.
C.
Computation of height. The height of a sign shall be computed as the distance from the base of the sign at grade to the top of the highest attached component of the sign.
§ 195-155 Temporary signs.
A.
Permitted in all districts. The following temporary signs are permitted within any district:
(1)
Real estate "for sale" signs. One sign per lot is permitted to advertise the sale or rental of the premises upon which it is located by the owner or by a real estate agent or broker. This sign is not to exceed an area of eight square feet and shall be removed seven days after the execution of a contract or the expiration of the listing agreement. In the event the contract is voided or canceled within 60 days, the sign may be placed back on the property without an additional fee. All "for sale" signs shall be set back at least 15 feet from the curbline and shall not, under any circumstances, block the vision of the driver of an automobile.
(2)
Real estate "open house" signs. The owner of a single-family residential home which is being offered for sale may erect, in addition to a "for sale" sign, an "open house" sign. Only one "open house" sign will be permitted on the property for sale and shall be placed no sooner than one hour before the beginning of the scheduled open house and removed no later than 5:00 p.m. of the day on which the open house was conducted. "Open house" signs shall not be permitted on the paved roadway, and where there is curbing, the sign must be placed at least three feet from the curb.
(3)
Major subdivision signs. Signs advertising a major subdivision that has received preliminary approval shall not exceed two in number, each on a separate lot of the major subdivision. No sign is to exceed 20 square feet in area. Said signs shall be removed within 90 days after the completion of construction work within the subdivision or within 10 days after the issuance of the last certificate of occupancy, whichever is sooner.
(4)
Building under construction. One sign per lot is permitted to identify the work of a builder and all subcontractors on new construction. Said sign shall not exceed six square feet in area and shall be removed within seven days after the completion of construction.
(5)
Announcement of future events. One sign per lot is permitted to announce any educational, charitable, civic, religious or like campaign or event, and such sign may be displayed for a consecutive period not to exceed 30 days in any one calendar year. No such sign shall exceed 12 square feet in total area. Said sign may relate to the use of a premises other than that upon which the sign is located.
(6)
Streamers, flags and pennants. Strings of streamers, flags, pennants, spinners or other similar devices are permitted on the lot occupied by a new business. Such devices are permitted to be displayed only at the time of the opening of the new business, and then only for a period of 15 days from the date of the opening.
(7)
Temporary seasonal and holiday scene window paintings on commercial window storefronts. Such paintings are permitted for a maximum of 45 days during the time of the observed holiday or no more than seven days after such event and are limited to a maximum of four holidays per year. The holiday paintings shall be painted on to a storefront window and cover no more than 50% of any given window. Such paintings are not permitted on a door.
[Added 9-18-2012 by Ord. No. 12-15]
B.
Restrictions applicable to all temporary signs.
C.
Temporary signs in H Hospital Zone.
[Added 9-18-2012 by Ord. No. 12-23]
(1)
Temporary signs of any size promoting healthcare or wellness shall be permitted in the H Hospital Zone subject to the following limitations:
(a)
The sign shall be displayed for a maximum of 120 days;
(b)
Any such sign greater than four feet by eight feet shall be attached to the principal building on the property;
(c)
Signs of 32 square feet or less may be displayed at any locations on the property other than the public right-of-way or a location which obstructs a sight triangle. Such signs shall not exceed one sign per five acres;
(d)
Building-mounted signs shall be permitted without regard to size, provided they do not extend above the parapet, obstruct the windows of any rooms occupied by a patient or create any type of hazard.
§ 195-156 Permanent signs.
The following permanent signs are permitted within the zones specified:
A.
Permitted signs, all zones. The following signs are allowable in all zones where they apply to a permitted use:
(1)
Official signs of any governmental agency. Such signs may be freestanding or attached.
(2)
One professional nameplate, not to exceed two square feet per professional occupant. Such sign shall not be freestanding.
(3)
One attached sign indicating the name of a building or the date of its erection when cut into any masonry surface or when constructed of bronze or other incombustible material and mounted on the building surface, not to exceed eight square feet in area.
(4)
Such signs as required by law, that is, licenses and permits, which signs shall not be freestanding.
B.
Permitted signs, residential districts. The following signs are allowable in all residential districts where they apply to a permitted use:
(1)
Those permitted in all zones, where applicable.
(2)
One nameplate sign bearing only the name of the principal occupant and/or street number of a private dwelling, not to exceed 1.5 square feet in area.
(3)
One sign identifying an incidental home occupation, as permitted by this chapter, bearing only the name of the person residing on the premises and the permitted incidental home occupation being conducted there. The sign shall not exceed 1.5 square feet in area.
(4)
Freestanding signs identifying residential areas. Such signs shall show only the name assigned to the area and shall not exceed six square feet in area.
C.
Permitted signs in the CBD/SPE District:
(2)
Wall signs.
(a)
Wall signs are permitted, subject to the following requirements, for uses occupying the first floor (or ground level) of a building:
[1]
One attached sign is permitted for the purpose of identification and advertising the use of the premises. The sign shall not exceed 75% of the storefront in length and two feet in height. The maximum length of said sign shall not exceed 20 feet. The maximum size of the lettering of a sign shall be no larger than 12 inches. If a wall sign for an establishment is 50 feet or more from the closest street right-of-way, then said sign lettering shall be permitted to be 18 inches high. Ascending or descending lower-case lettering shall be permitted to extend an additional six inches from the letter height limitation noted above. All wall signs shall be on any one wall abutting a street.
[Amended 9-18-2012 by Ord. No. 12-15]
[2]
The wall sign may not be located more than 15 feet from the ground. No wall sign shall be less than six feet from the ground. No wall sign shall project above the parapet or roof. No wall sign shall project more than 12 inches from the wall on which said sign is mounted.
[Amended 9-17-2013 by Ord. No. 13-21]
[3]
Where the rear or the side of the building, or portion of the building occupied, has a public entrance from the rear or side of the building, one additional wall sign on the respective building facade of said side or rear public entrance shall be permitted. The sign shall not exceed 25% of the facade in length and one foot in height. The maximum length of said sign shall not exceed 10 feet.
[Amended 9-17-2013 by Ord. No. 13-21]
[4]
Where the side of a building or portion of an occupied building abuts a public street, there shall be permitted one additional sign on the side building facade. The area of the sign shall not exceed an area equivalent to 10% of the total area of the side facade, and in no event shall such sign exceed 50 square feet.
[5]
Materials utilized for wall signage should reflect the traditional period style that is encouraged in the Master Plan. Source of illumination should similarly reflect the traditional period style that is encouraged in the Master Plan. Particular attention should be given to the use of stylized lighting fixtures that serve to illuminate signage.
[6]
Internally illuminated signs shall only be permitted to illuminate the text or logo of the sign, with the remainder of the sign background to be opaque or nonilluminated with no illumination showing from the light source.
[Amended 3-2-2021 by Ord. No. 21-2]
(b)
In cases where a use occupies the second floor of any premises (exclusive of the first floor), the following sign regulations apply:
[1]
One wall sign is permitted, provided the sign does not exceed 5% of the front facade or 24 square feet, whichever is less.
[2]
The wall sign may not be located more than 12 feet from the ground. No wall sign shall be less than six feet from the ground. No wall sign shall project above the parapet.
(c)
Nonflashing illuminated interior signs of LED, neon or technology creating a similar effect is permitted only internally in a building subject to the following:
[Added 9-18-2012 by Ord. No. 12-15]
[1]
Such sign shall be located a minimum of 10 feet from the nearest window wherein the sign can be viewed from outside of the same window.
[2]
Said sign shall be no larger than three square feet and contain no more than three colors.
[3]
There shall be no more than three such signs at any one premises as viewed from outside the same window.
(d)
Hanging signs, perpendicular to building facades subject to the following:[1]
[Added 9-18-2012 by Ord. No. 12-15]
[1]
One hanging sign shall be permitted per first-floor business or commercial use conducted in said building.
[2]
The maximum area of said hanging sign shall be no more than six square feet. The hanging sign area permitted is in addition to the wall-mounted sign permitted herein.
[3]
Hanging signs shall not be lower than eight feet from the adjacent grade plane to bottom of said sign.
[4]
Hanging signs shall be no higher than 15 feet above the adjacent grade plane to top of said sign or not higher than the top of the window frame of the second-story windows of said building, whichever is less.
[5]
Signs and supportive framework shall extend no more than three feet from the building face where said sign is mounted.
[6]
Hanging signs shall be tethered to prevent their swinging in the wind.
[7]
No hanging sign shall move or be animated as noted herein.
[8]
No hanging signs shall extend above the roof of any building containing such sign.
[9]
No hanging signs shall obstruct a fire escape or window opening.
[10]
Hanging signs shall comply with the maximum letter height of wall signs.
[11]
Barbershop pole hanging sign: used as a sign for a barbershop, consisting of a rotating pole with diagonal stripes of red and white or of red, white, and blue, subject to the following:
[Added 3-2-2021 by Ord. No. 21-2]
[a]
Only one such barber pole sign shall be permitted per business in leu of a hanging sign;
[b]
Maximum height of 30 inches;
[c]
Maximum diameter: nine inches;
[d]
Maximum projection from wall: 12 inches;
[e]
Minimum clearance from grade at base of pole: seven feet;
[f]
Such barbershop pole may be internally illuminated, although shall not be illuminated after business hours.
[1]
Editor's Note: A hanging signage illustration is located at the end of this chapter.
(3)
Window signs are permitted for uses occupying the first and second floors in a building. The following regulations apply to window signs:
(a)
One window sign on a door serving the premises is permitted to occupy a maximum of 10% of the door, but may not exceed three square feet.
(b)
One window sign is permitted to occupy a maximum of 20% of a window on the first or second floors, but may not exceed 10 square feet.
(c)
All window signs shall be nonilluminated.
D.
Permitted signs in the CBD, CO and O Districts:
(1)
Wall signs as permitted in the CBD/SPE District, except nonflashing illuminated interior signs shall only be permitted in the CBD District as noted herein. Perpendicular hanging signs are not permitted in the CO and O Districts.
[Amended 9-18-2012 by Ord. No. 12-15]
(2)
In addition to permitted wall signs, one freestanding sign shall be permitted to identify the name of the building or the businesses on the premises. The freestanding sign shall have a maximum sign area of 24 square feet. The sign shall have a maximum height of five feet. It shall have a minimum setback of five feet from a street line or right-of-way line and 10 feet from a property line. The bottom of the sign face shall not be more than two feet above the ground.
(3)
Internally illuminated signs shall only be permitted to illuminate the text or logo of the sign, with the remainder of the sign background to be opaque or nonilluminated.
E.
Permitted signs in the SC District:
(1)
Wall signs are permitted, subject to the following requirements:
(a)
One attached sign is permitted for the purpose of identification and advertising the use of the premises. The sign shall not exceed 75% of the storefront in length and 2.5 feet in height, provided the length of the sign in no event exceeds 20 feet in length, and further provided that a store with a front linear building wall of minimally 200 feet may have a sign with a maximum height of six feet and a maximum size of 100 square feet. All wall signs shall be level to the ground.
(b)
No wall sign shall project above the parapet or roof. No wall sign shall project more than 12 inches from the wall which said sign is mounted.
(c)
Where the rear of the building, or portion of the building occupied, has a public entrance from the rear of the building, one additional wall sign on the rear building facade shall be permitted. The sign shall not exceed 25% of the facade in length and one foot in height. The maximum length of said sign shall not exceed 10 feet.
(2)
One freestanding sign shall be permitted on the premises to advertise the name of a shopping center. The sign shall not advertise the name or names of any tenant or occupant and shall not exceed 75 square feet in area. The sign shall be set back at least 10 feet from a street line or right-of-way line and property line.
F.
Permitted signs in the LB-1, LB-2, LB-3, RW and LM Districts:
[Amended 1-18-2011 by Ord. No. 11-04]
(1)
Wall signs, as permitted in the CBD/SPE District above.
(2)
In addition to permitted wall signs, one freestanding sign shall be permitted to identify the name of the building or the businesses on the premises. The freestanding sign shall have a maximum sign area of 30 square feet. The sign shall have a maximum height of five feet. It shall have a minimum setback of five feet from a street line or right-of-way line and 10 feet from a property line. The bottom of the sign face shall not be more than three feet above the ground.
[Amended 12-17-2002 by Ord. No. 02-19]
G.
Permitted signs in the HSO District:
(1)
One directory sign listing the users of the property, provided that four or more users have an allowed use of the property. Such sign may be freestanding or attached and shall not exceed 20 square feet in area.
(2)
One freestanding sign shall be permitted on the premises to advertise the business on premises. The sign shall not be greater than 24 square feet in area. The sign shall be set back at least five feet from a street line, right-of-way line, and property line.
(3)
One front-facing wall sign is permitted, provided the dimensions of such sign do not exceed 1.5 square feet per linear foot of the front building wall.
H.
Permitted signs in the H District:
[Added 4-22-2008 by Ord. No. 08-10]
(1)
One freestanding sign shall be permitted at each entrance drive that intersects a county roadway. These freestanding signs individually shall not exceed 24 square feet in area per sign face, exclusive of the sign's pedestal. No sign and pedestal combination shall exceed 10 feet in height. Said signs shall be set back no less than five feet from any property line and be located outside any necessary sight distance triangle.
(2)
One front-facing wall sign shall be permitted on a hospital building, provided the dimensions of such sign do not exceed 1.5 square feet per linear foot of the front building wall, with no sign to exceed 80 square feet.
(3)
Medical schools in this zone are permitted two additional wall-mounted signs. Said signs individually shall not exceed 32 square feet in area.
I.
The following sign provisions shall govern all signage associated with gasoline and service stations:
(1)
One freestanding sign bearing the brand, trade name and/or trademark, with unit prices of the station, not exceeding 40 square feet on each side, shall be permitted. The bottom of the sign shall not be less than 10 feet from the average grade elevation below the sign, nor shall any part of the sign be more than 25 feet above ground level.
(2)
No sign shall be permitted on a canopy over the gas pumps.
(3)
Signs attached to fuel pumps indicating the unit price per gallon of fuel are permitted. Such signs shall not exceed one square foot in area per sign per individual pump.
(4)
No signage may be illuminated after business hours.
(5)
Lettering or other insignia which are a structural part of the gasoline pumps, as manufactured, shall be permitted.
(6)
Credit card signs may be placed on or near the gasoline pump islands, not to exceed a maximum one square foot per sign per island.
(7)
Not more than two temporary signs located within the property lines advertising services and product prices shall be permitted, provided that each sign shall not exceed nine square feet in area on each side. All temporary signs must be removed from public display after business hours.
§ 195-157 Lighting and illumination.
A.
Temporary signs shall not be illuminated.
B.
Any permanent sign permitted by the provisions of this article may be illuminated, subject to the following limitations:
(1)
No sign shall be internally illuminated by neon gas-filled tubes or lighting designed to create a visual effect similar to neon, except where specifically permitted herein.
[Amended 9-18-2012 by Ord. No. 12-15]
(2)
Flashing signs, highly reflective glass or fluorescent paint and illuminated tubing outlining roofs, doors, windows or wall edges of a building are prohibited.
(3)
No action or moving illumination shall be permitted.
(4)
No illumination is permitted which may cause confusion or interference with traffic control signs or lights of emergency vehicles.
(5)
No illumination is permitted which may cause interference with radio or television signals.
(6)
Illumination sources shall be shielded to prevent the extension of glare beyond the lot lines and beyond curbing or road edges adjacent to the property.
§ 195-158 Prohibitions and limitations.
The following prohibitions and limitations apply to all signs permitted under this article:
A.
No sign shall be located or displayed upon any sidewalk or public right-of-way.
B.
No sign shall be permitted on the surface of any principal roof, and no sign shall project above the parapet or roof ridge.
C.
No sign shall have more than five colors, exclusive of its background, frame or decorative supports. For the purposes of this article, black and white shall be considered colors. Three shades of one color shall be calculated as one color in the calculations of the maximum number of sign colors. The color red is permitted on signs as an accent but cannot comprise more than 10% of the overall area of color on the sign. Signs shall be compatible with the color of the building facade and of neighboring facades and signs. Signs shall not use iridescent or fluorescent colors.
[Amended 9-17-2013 by Ord. No. 13-21; 3-2-2021 by Ord. No. 21-2]
D.
No sign shall be, in whole or part, moving, mobile or revolving.
E.
Strings of streamers, flags, pennants, spinners or other similar devices strung across, upon, over or along any premises or building, whether as a part of any sign or not, shall not be allowed except as specifically permitted herein.
F.
No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape.
G.
No sign shall be placed or displayed in any manner which will interfere with traffic or traffic control signs and signals.
H.
Window signs shall be painted in gold leaf, blue, cream or white.
[Amended 9-17-2013 by Ord. No. 13-21]
I.
Except as specifically permitted by this article, no sign shall be permitted where the notice, advertisement or other medium to be presented relates to the use of premises other than that upon which the sign is located.
J.
Permitted advertising signs shall be removed within 30 days after the cessation of the activity of business which the sign advertises, except as specifically provided herein.
K.
No billboards or roof signs shall be permitted.
L.
No freestanding signs shall be permitted except as specifically allowed by this article.
§ 195-159 Unsafe signs.
If the Construction Official, in his opinion, shall find that any sign is unsafe or insecure or is a menace to the public, he shall give written notice to the owner, agent or person having the beneficial use of the premises upon which such sign may be erected. Such sign shall be removed within 10 days after such notice.
§ 195-160 Nonconforming signs.
A.
Any signs existing at the time of the passage of this chapter and which violate any provisions therein shall be deemed a nonconforming use and may be continued, maintained and repaired upon the existing premises or location; provided, however, that such sign was lawful under any prior ordinance. The owner or occupant of a building must possess a current and valid permit for any sign existing on site for said signs to remain. Any sign for which a permit exists lawfully at the time of the passage of this chapter for which a permit exists may continue. Any nonconforming sign which is associated with a change in occupancy or ownership shall necessitate an application to the approving authority. Any sign unlawful under any prior ordinance shall remain unlawful unless it complies with the provisions of this chapter and there is a sign permit issued by the Zoning Officer.
B.
Any sign which has been damaged to the extent that the cost of repairs shall exceed 50% of the current value of said sign shall be deemed as destroyed and the owner shall not be permitted to erect or restore said sign except in accordance with this chapter.
§ 195-161 Awnings.
[Amended 12-17-2002 by Ord. No. 02-19; 9-17-2013 by Ord. No. 13-21; 6-3-2025 by Ord. No. 25-17]
A.
No portion of any awning shall extend more than six feet beyond the building and shall not be less than six feet eight inches in the clear above any surface. Awnings greater than four feet from a support structure shall be equipped with automatic self-retracting sensors and equipment that retract the awnings during high wind events for safety reasons. All awnings shall be permitted to extend the length of the building within the CBD/SPE and the CBD Districts. All other district shall be limited to the window and/or doorway area of the building.
B.
The lettering on awnings shall be in accordance with the sign regulations set forth in this chapter as permitted wall signs.
C.
No awning or canopy shall be illuminated, except for the area of permitted sign text noted herein with illumination shielded from view, or made of any material which is not opaque. All awnings shall be made of woven fabric, such as canvas, with a flat, nonglossy finish.
D.
For safety purposes, no awning or canopy shall be red or yellow in color.
E.
A sign on an awning or canopy shall not exceed 12 inches in height.
§ 195-162 Number of parking spaces required.
The number of off-street parking spaces required shall be as set forth in Table 1. If determination of the number of required parking spaces results in a fractional space, a fraction of 0.5 or higher shall require one additional parking space.
Table 1 Off-Street Parking Requirements [Amended 12-17-2002 by Ord. No. 02-19; 4-22-2008 by Ord. No. 08-10; 9-18-2012 by Ord. No. 12-18] | |||
|---|---|---|---|
Land Uses | Required Off-Street Parking Spaces | ||
Adult day-care center | 1 space per 6 participants in the adult day-care center, maximum attendance, plus 1 space for every employee on the maximum shift | ||
Auto service stations | 3 per bay or 1 per gas pump and 1 per bay, whichever is greater | ||
Banks and savings institutions | 1 per 300 square feet of GFA | ||
Child-care centers | 1 per 10 children, plus 1 space per staff | ||
Clubs and fraternal organizations | 1 per 250 square feet of GFA | ||
Eating establishments, restaurants, restaurants with bar | 1 space for each 3 seats or 1 space per 50 square feet, whichever is greater | ||
Flexible office/warehouse | Utilize component standards | ||
Funeral home | 1 per 150 square feet of GFA | ||
Home occupation | 1 per employee, plus RSIS standard | ||
Hospitals | 3.9 spaces per bed | ||
House of worship | 1 per 3 seats. For benches, 1 seat equals 3 feet of linear space | ||
Industrial and wholesale | 1 per 400 square feet of GFA | ||
Manufacturing and assembly operations | 1 per 400 square feet of GFA | ||
Medical or dental offices | 1 per 150 square feet of GFA | ||
Medical school | 1 space per each employee, staff and enrolled student on site during peak hours of operation | ||
Office | 1 per 250 square feet of GFA | ||
Place of public assembly | 1 per 5 fixed seats or 1 per 50 square feet of floor area, whichever is greater | ||
Recreational uses (including health clubs) | 1 per 250 square feet of GFA | ||
Residential (per N.J.A.C. 5:21-4.14) | |||
Single-family detached | |||
3-bedroom | 2.0, including 1 garage space | ||
4-bedroom | 2.5,** including 2 garage spaces | ||
5-bedroom | 3.0, including 2 garage spaces | ||
Garden apartment (also, mid-rise) | |||
1-bedroom | 1.8 | ||
2-bedroom | 2.0** | ||
3-bedroom | 2.1 | ||
Townhouse | |||
2-bedroom | 2.3,** including 1 garage space | ||
3-bedroom | 2.4, including 2 garage spaces | ||
Retirement community | Values shall be commensurate with the most appropriate housing unit type and size noted above that the retirement community resembles. (See Notes 8 and 9.) | ||
Retail stores and personal service establishments | 1 per 200 square feet of GFA | ||
Schools, Elementary (K through 8) | 2 per classroom, but not less than 1.5 per teacher and staff | ||
Storage areas (primary use) | 1 per 5,000 square feet of GFA of storage area and 1 per 650 square feet of GFA of related offices | ||
Warehouse | 1 per 1,000 square feet of GFA of storage area and 1 per 650 square feet of GFA of related office space | ||
Other uses not provided herein | Shall be determined by the approving authority | ||
NOTES (relating to parking requirements): | ||
|---|---|---|
GFA = gross floor area. | ||
**If applicant does not specify the number of bedrooms per unit, this off-street parking requirement shall apply. | ||
1. | Whenever there is more than one use conducted on any one premises, parking spaces shall be provided in accordance with the combined requirements of each use as shown in the above schedule or as approved by the Planning Board or Zoning Board of Adjustment or as otherwise indicated in this chapter. | |
2. | Drive-through lanes and windows for banks and other uses, where permitted, shall be provided with room for queuing for minimally 12 vehicles. | |
3. | The inclusion of any use in this table is not meant to imply it is a permitted use in the Borough. See the applicable sections of this Code for the enumeration of permitted uses. | |
4. | A one-car garage and driveway combination shall count as 2.0 off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way. A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking area width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination [N.J.A.C. 5:21-4.14(d)]. | |
5. | When housing is included in a mixed-use development, a shared parking approach to the provision of parking shall be permitted [N.J.A.C. 5:21-4.14(e)]. | |
6. | The following parking requirements are for nursing home/congregate care facilities. These uses are not specifically identified in the State Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.): 0.5 space for each nursing bed; 0.75 space for each independent living and assisted living unit. | |
7. | The following standards are for senior citizen housing. This use is not specifically identified in the State Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.): 0.75 space for each one-bedroom unit and 1.25 spaces for each two-bedroom unit. [Amended 12-17-2002 by Ord. No. 02-19] | |
8. | 50% of a site's off-street parking requirement for a site in the CBD, CBD/SPE and CO Districts may be satisfied by a contribution to an off-street parking trust fund, provided such an ordinance has been adopted by the Borough. | |
9. | In the CBD, CBD/SPE [as specifically permitted in § 195-118B(4)], and SC Districts, the following parking standards apply to restaurants or gourmet and specialty foods stores: [Amended 12-17-2002 by Ord. No. 02-19; 12-19-2017 by Ord. No. 17-26] | |
a. | For restaurants with a seating area of less than 1,500 square feet, no additional off-street parking will be required. This exception shall not apply to a restaurant with bar nor to stand alone "bar" establishments as regulated elsewhere in this chapter. | |
b. | Restaurants with 1,500 square feet or more of seating area shall provide one space for each three seats or one space per 50 square feet, including counter and waiting area, whichever is greater. | |
10. | The parking of motor vehicles on residential developed lots shall be limited to the defined driveway portion of a lot. Parking areas shall not encroach upon the required front yard; with the stipulation, however, that a driveway having access to a garage, no wider than said garage, shall not be considered as an encroachment on the front yard. No one- or two-family residential use shall have a garage or garages with space for more than three cars. No dwelling shall be erected upon any lot or parcel of land in the R-1 or R-2 Residential District which does not include the erection thereon of a garage for the storage of at least two motor vehicles. [Added 12-17-2002 by Ord. No. 02-19] | |
§ 195-163 Location of parking spaces.
A.
The approving authority shall approve the location of all proposed parking spaces on the site and shall take into consideration the size and topography of the site, visibility from the site to the adjoining street, as well as within the parking area, conditions of safety relating to the movement of people and vehicles and the elimination of nuisance factors, including glare, noise, dust and other similar considerations. Off-street parking shall not be located closer than 10 feet to any front yard lot line, nor closer than five feet to any side or rear lot line. These conditions shall apply to all surface and above-grade parking facilities. All parking facilities shall not be located closer than 25 feet to any two intersecting streets or within the sight triangle of any driveway and the street right-of-way.
B.
Parking spaces for all uses shall be within 300 feet of the building or structure they are intended to serve, measured from the nearest point of the off-street parking facilities and the nearest point of the building or structure to be served, and in a district or zone where such a use is permitted.
§ 195-164 Parking spaces for disabled persons.
A.
In any nonresidential parking lot, designated parking spaces for disabled persons shall be required as follows (these spaces shall be considered part of the total number of required spaces):
[Amended 1-18-2011 by Ord. No. 11-04]
Table 2 Required Parking For Disabled Persons | ||
|---|---|---|
Total Parking Spaces | Required Accessible Parking 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 | 9 | |
501 to 1,000 | 2% of total | |
1,001 or more | 20, plus 1 for each 100 over 1,000 | |
NOTES: | |||
|---|---|---|---|
*For every eight accessible parking spaces, one shall be a van-accessible parking space. | |||
B.
Parking spaces for the disabled shall be located in one area and designated as parking for the handicapped. They shall be located so that access does not require wheeling or walking behind parked cars. Parking spaces for the disabled shall be at least eight feet wide with a five-foot access area located adjacent to the driver's side.
§ 195-165 Parking area design standards.
A.
Aisle width. Provisions shall be made for the safe and adequate circulation of vehicles and pedestrians within and adjoining the subject property. Aisle widths providing direct access to individual parking stalls shall be in accordance with the standards in Table 3. Only one-way traffic shall be permitted in aisles of less than 24 feet in width.
Table 3 Minimum Aisle Width | |||
|---|---|---|---|
Parking Angle (degrees) | Minimum Aisle Width (feet) | ||
One-Way | Two-Way | ||
0° (parallel parking) | 12 | 18 | |
30° | 15 | 18 | |
45° | 18 | 20 | |
60° | 20 | 22 | |
90° (perpendicular parking) | 22 | 24 | |
B.
Stall dimensions.
(1)
Parking stalls shall be nine feet by 19 feet in dimension, with a paved area of 171 square feet, provided that parking stalls serving lots which contain retail uses utilizing shopping carts shall be 10 feet by 20 feet.
(2)
Two feet of the parking area may be a pervious overhang, but same shall not be included in any required parking setback, buffer or green area.
(3)
Parallel parking stalls shall be eight feet by 19 feet or 46 feet in tandem.
C.
Circulation within parking area.
(1)
All parking spaces shall be designed free and clear of any obstruction to individual parking stalls.
(2)
Parking spaces shall be located in such a fashion as to permit all vehicles to exit in a safe and orderly manner. Under no condition shall vehicles be permitted to back out of a parking lot driveway or otherwise block the free movement of traffic within the parking area or specific points of safety control, such as fire hydrants, doorways, elevators or other similar locations.
(3)
Pedestrian circulation within a parking area shall be, to as great an extent as possible, separated from vehicular traffic. Safety zones, crossing points and sidewalk areas, where warranted, shall be provided.
D.
Driveway design criteria.
(1)
Location of driveways. All entrance and exit driveways to a public or private street shall be located so as to afford maximum safety to said roadway, to provide for safe and convenient ingress and egress and to minimize conflict with the free flow of traffic. In no case shall unrestricted access along the length of the street or streets upon which the parking area abuts be permitted.
(2)
Sight distances.
(a)
The minimum sight distances established in Table 4 shall be adhered to between a driveway and the adjoining street in accordance with the sight triangle definition. Said driveway shall be designed in profile, and grading shall be reviewed by the Borough Engineer.
(b)
For the purpose of this chapter, sight distance measurement shall be measured from the driver's seat of a standing vehicle, located on that portion of the exit driveway that is immediately contiguous to the traveled way, with the front of the vehicle 10 feet behind the right-of-way line of the road, with the height of the eye 3.75 feet to the top of the object 4.5 feet above the pavement.
Table 4 Minimum Sight Distance From a Driveway and Adjoining Street | ||
|---|---|---|
Maximum Allowable Speed on Roadway (miles per hour) | Minimum Sight Distance (feet) | |
25 | 175 | |
30 | 250 | |
35 | 325 | |
40 | 400 | |
45 | 450 | |
50 or more | 500 | |
(3)
Where a site is located at the intersection of two streets, no driveway entrance or exit shall be located within 50 feet of the point where the curb return of the street intersection and the curbline meet.
(4)
No part of any driveway shall be located closer than 20 feet to any other driveway on the adjoining parcel, nor shall more than one driveway be located closer than 40 feet to another driveway on the same site, as measured from the closest edge of any two driveways along the same right-of-way line.
(5)
No entrance or exit driveway shall be located on a traffic circle or on a ramp of an interchange or within 50 feet of the beginning of any ramp or other portion of an interchange.
(6)
Geometric design. The geometric design of a driveway connection to a public or private street shall be governed by sound traffic engineering principles. The following guidelines are utilized in preparing a geometric design, but some deviation may be necessitated from time to time due to the many variables encountered in the course of preparing a design. The applicant should be aware, therefore, that although the driveway layout may conform to these guidelines, conditions may dictate deviation from them and that the requirements of the Borough Engineer shall be final.
(a)
Two-way operation. Driveways used for two-way operation will intersect a public or private street at an angle to as near 90° as site conditions will permit, and in no case will be less than 60°.
(b)
One-way operation. Driveways used for vehicles in one direction of travel (right turn only) shall not form an angle smaller than 45° with a public street.
(c)
The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared. The required maximum and minimum dimensions for driveways connecting to a public or private street at 90° are indicated in Table 5. Driveways serving large volumes of daily traffic, or traffic over 25% of which is truck traffic, shall be required to utilize high to maximum dimensions. Driveways serving low daily traffic volumes, or traffic less than 25% of which is truck traffic, shall be permitted to use low to minimum dimensions.
Table 5 Driveway Widths, Depressed Curbs and Curb Return Radius Standards | ||||||||
|---|---|---|---|---|---|---|---|---|
Use | One-Way Operation | Two-Way Operation | ||||||
Driveway Width (feet) | Depressed Curb (feet) | Curb Return Radius (feet) | Driveway Width (feet) | Depressed Curb (feet) | Curb Return Radius (feet) | |||
3-to-10-family residence | 12 to 15 | 22 to 25 | 20 minimum/ 30 maximum | 24 to 30 | 44 to 50 | 20 minimum/ 30 maximum | ||
Over 10-family residence | 18 to 20 | 35 to 38 | 20 minimum/ 30 maximum | 24 to 30 | 46 to 52 | 25 minimum/ 35 maximum | ||
Commercial and industrial | 18 to 30 | 35 to 50 | 35 minimum/ 45 maximum | 30 to 50 | 50 to 70 | 35 minimum/ 45 maximum | ||
Service stations | 20 to 30 | 35 to 50 | 20 minimum/ 35 maximum | 40 to 50 | 50 to 60 | 20 minimum/ 35 maximum | ||
(d)
Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.
(e)
Should the sidewalk be so close to the curb or a depressed curb driveway as to cause the ramp to be too steep and be likely to cause undercarriage drag, the sidewalk shall be appropriately lowered to provide a suitable ramp gradient.
(f)
The surface of any driveway shall be constructed with a permanent pavement of a type specified by standards set by the Borough Engineer. Such pavement shall extend to the paved portion of the public or private sidewalk.
(7)
Guiderail breakaway cable terminals (BCT), wheel stops and parking lot striping.
(a)
Guiderail breakaway cable terminals (BCT) shall be provided in appropriate locations where required for safety purposes.
(b)
Wheel stops, permanently anchored to the ground, may be required in appropriate locations. Parked vehicles shall not overhang or extend over the sidewalk area unless an additional sidewalk width of 2 1/2 feet is provided to accommodate such overhang.
(c)
Parking stalls, driveways and aisles shall be clearly marked and delineated. The approving authority may require that certain areas be maintained for fire-fighting purposes or other emergency purposes. These areas, as well as other pavement signage, shall be appropriately designated.
(8)
Minimum and maximum grades in parking area. The minimum and maximum parking grades shall be in accordance with the following requirements:
Table 6 Minimum and Maximum Grades of Parking Areas | |||
|---|---|---|---|
Use | Maximum Grade (percent) | Minimum Grade (percent) | |
Parking stalls and service aisles | 5 | 1/2 | |
Main approach walkways to buildings | 4 | 1/2 | |
Swales | 10 | 2 | |
Principal circulation aisles | 8 | 1/2 | |
Driveways: entrances and exits | 6* | 1/2* | |
NOTES: | |||
|---|---|---|---|
*For a distance of 100 feet from the street right-of-way line. | |||
(9)
Maintenance of off-street parking and loading areas. Every parcel of land used as a public or private off-street parking or loading area shall be maintained in good condition, free of hazards and deterioration. All pavement areas, sidewalks, curbs, drainage facilities, lighting, bumpers, guardrails, markings, signs, landscaping and other improvements shall be maintained in workable, safe and good condition.
(10)
Other off-street parking requirements.
(a)
Limitation as to use. Off-street parking areas shall be used solely for the parking of passenger automobiles and commercial vehicles in accordance with, and conforming to, the limitations contained in Subsection D(10)(d) below, and no commercial repair work or service of any kind upon a commercial vehicle, beyond a diminutive nature such as a tire change, shall be conducted within the parking location or elsewhere on the lot.
[Amended 7-24-2007 by Ord. No. 07-06; 10-2-2007 by Ord. No. 07-19]
(b)
Nonavailability. At any time that the required off-street parking facilities cease to be available as required, the certificate of occupancy for the building or buildings built in conjunction with such parking areas shall be canceled and become null and void.
(c)
Charges. There shall be no charge made for the use of off-street parking facilities, except as regulated by the Westwood Parking Utility, and no cars other than self-propelled passenger vehicles shall be permitted to use any of the off-street parking facilities herein required, and no service of any kind shall be extended to the vehicle occupying such off-street parking facilities except for emergency purposes.
[Amended 10-18-2022 by Ord. No. 22-19]
(d)
Commercial vehicles permitted.
[Amended 7-24-2007 by Ord. No. 07-06; 10-2-2007 by Ord. No. 07-19]
[1]
One commercial vehicle conforming to this chapter and all other applicable regulations may be parked on a residential property in a residential zone. The commercial vehicle permitted herein shall have a maximum width of eight feet by a maximum length of 22 feet and a maximum height of eight feet (excluding racks), with not more than two axles, such as a van or truck with a covered bed. No open pickup beds containing equipment, cargo or the residue thereof shall be permitted.
[Amended 3-19-2024 by Ord. No. 24-7]
[2]
Such commercial vehicle must be parked on a lawfully established driveway.
[Amended 3-19-2024 by Ord. No. 24-7]
[3]
No vehicle may be parked which encroaches over the sidewalk or roadway. If a garage parking space issued to fulfill parking requirements, said space must be available and usable for parking.
[4]
Commercial vehicles parked on a driveway in a residential zone must be principally used by the owner or occupant of the residential property on which the commercial vehicle is parked.
(e)
No boat, recreational vehicles, campers or trailers shall be stored on any residential property except in the rear yard, with screening sufficient to shield the vehicle from view from neighboring properties.
E.
Off-street parking construction.
(1)
All off-street parking areas shall be graded and drained so as to dispose of all surface water in a manner so as not to unreasonably impair the surroundings.
(2)
All off-street parking areas, aisles and driveways shall be surfaced with asphalt, bituminous or cement binder pavement according to specifications established for this purpose by the Borough Engineer.
(3)
All parking areas and access drives shall be edged by a concrete or Belgian block not exceeding six inches above the paved surface or ground level.
§ 195-166 Landscaping in parking and loading areas.
Landscaping in parking and loading areas shall be provided as follows:
A.
Loading areas shall be screened with landscaping, fencing, berms, walls or any combination thereof and shall not be less than six feet in height. The screening shall be sufficient to obscure the view of parked vehicles, loading platforms and loading activities.
B.
Parking areas with 20 or greater parking spaces shall be screened from the street with landscaping, fencing or a wall, and interior parking lot landscaping shall be required. Whenever feasible, the approving authority shall require that at least 10% of the paved parking lot area shall be used for interior landscaping, including shade trees and shrubs. Landscaped areas should be located in protected areas, such as along walkways, in center islands, or at the end of parking bays, and shall be distributed throughout the parking area to mitigate the view of the parked vehicles without interfering with adequate sight distance for vehicles or pedestrians. The landscaping shall consist of hardy, low-maintenance varieties of trees and shrubs complying with the standards of the American Association of Nurserymen.
C.
Parking areas with less than 20 spaces shall be screened from the street with landscaping, fencing or a wall, but interior parking lot landscaping may not be deemed necessary by the approving authority.
D.
One shade tree, with a minimum diameter of 2 1/2 inches measured six inches above the ground, shall be provided for every 10 parking spaces. Trees shall be staggered and/or spaced so as not to interfere with driver vision and shall have branches no lower than six feet.
E.
Parking lot landscaping shall be designed to withstand anticipated snowplowing operations.
F.
Dead or dying trees, within the preceding two years from the date of installation, shall be replaced by the developer during the next recommended planting season.
G.
Landscaping shall not cast excessive shade on adjacent properties, interfere with existing vegetation, interfere with light fixtures or interfere with adequate sight distance for vehicles or pedestrians.
§ 195-167 Definitions.
The following terms apply to this article.
Any food establishment where food and other refreshments are served or consumed within the public right-of-way, i.e., the sidewalks immediately in front of any food establishment, cafe, or place of business where food and/or other refreshments are served, or where permitted on private property. One retail food service window or doorway is permitted for dispensing of ice cream or similar confectionary products in accordance with the requirements of the outdoor dining development regulations herein. The permitting of such a window or doorway shall be in accordance with the permitted uses of the zone where located and does not imply permission of a specific use in a zone.
[Amended 5-15-2012 by Ord. No. 12-09]
That area of the public right-of-way reserved for pedestrian traffic between the curb and the front line of a building.
§ 195-168 Regulations.
[Amended 11-20-2007 by Ord. No. 07-20; 5-15-2012 by Ord. No. 12-09; 7-16-2013 by Ord. No. 13-18; 6-17-2014 by Ord. No. 14-11]
The following regulations apply to outdoor dining in the Borough:
A.
A minimum four-foot-wide area of unobstructed paved surface will be available for pedestrian movement around or through the outdoor cafe.
B.
No food or drink shall be prepared or stored other than in the interior of the eating establishment.
C.
Outdoor cafes shall be permitted to operate from April 1 to November 30 in any calendar year. The permit, when issued, shall be subject to a renewal each year by the Zoning Officer.
D.
No tables, chairs or other equipment shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk, or property of the Borough.
E.
No outdoor loudspeaker, public address system, radio or similar device shall be utilized.
F.
No outdoor cafe shall be open for business prior to 6:30 a.m., nor remain open for business after 11:00 p.m. All persons occupying the outdoor cafe shall vacate the same no later than 11:30 p.m.
G.
The applicant shall remove all chairs and other equipment from the sidewalk within 30 minutes of the time in which the outdoor cafe is vacated at the end of each business day.
H.
The Borough shall not require additional parking for outdoor cafe seating.
I.
Tables shall be arranged so that the side of each table shall be sited as close as practical to the adjacent wall of the food establishment it is associated with, provided that in no event shall the establishment be allowed more than one table and four chairs for every five feet of storefront of the facility requesting outdoor dining. Benches may be installed in place of tables and chairs, provided that the back of the bench shall abut the wall of the food establishment it is associated with, and further provided that in no event shall the food establishment be allowed benches that exceed the number of seats as permitted in this section, based on a standard that equates 24 inches of seat length to one seat.
J.
Tables shall be limited to four-seat tables. The maximum permitted depth of the table, as measured from the nearest wall it abuts, shall be 40 inches.
K.
The applicant shall be responsible for keeping the area of the outdoor cafe and the adjacent walks and streets free and clear of any debris or litter occasioned by the cafe. Areas must be cleaned as needed and at the time that business is closed for the evening.
L.
No signs shall be permitted in the area of the outdoor cafe except for signs on the awnings complying with Article XIX, Sign Regulations, of this chapter of the Code of the Borough of Westwood.
M.
No carts or other physical features, other than those which are specifically permitted herein, shall be permitted to be placed within the sidewalk area.
N.
Table umbrellas are permitted for outdoor cafes on sidewalks, subject to the following:
(1)
Umbrellas for outdoor cafes, as regulated herein, shall be permitted only in the CBD District and the CBD/SPE District.
(2)
Umbrellas shall only be permitted at the permitted outdoor cafe tables, and the number of umbrellas shall be no more than the number of tables permitted.
(3)
The size of the umbrella shall allow at least a vertical clearance under the umbrella of six feet eight inches. The width of the umbrella and its placement shall be such as to leave a four-foot-wide unobstructed path of sidewalk parallel to the curb across the entire frontage of the property in question.
(4)
All umbrellas shall be vented and properly secured with pins or bolts through the table framework, with weighted umbrella stands of at least 20 pounds directly beneath the table to prevent toppling in high winds.
(5)
Umbrellas shall not be illuminated, and signs are only permitted on the valance of the umbrella.
(6)
The maintenance and daily removal of umbrellas shall be in conformance with the standards of this article.
O.
A moveable barrier to define the dining space shall be required.
P.
Smoking shall be prohibited in any outdoor dining space.
Q.
All establishments holding a valid liquor license must comply with all statutory provisions and regulations of the Alcoholic Beverage Control Commission and obtain any and all necessary licenses and/or permits pursuant thereto in order to serve alcohol in conjunction with an outdoor dining permit.
§ 195-169 Permit required; application.
A.
No person shall operate an outdoor dining area/sidewalk cafe in the Borough without first obtaining an outdoor cafe permit and satisfying all of the requirements of this article.
B.
Each applicant shall submit and file an application with the Borough Zoning Officer, together with three copies of a development plan (as described below), and the appropriate fee.
C.
The application shall set forth:
(1)
The name, address and telephone number of the applicant and property owner, and written authorization of the owner of the property in question, and the street address and block and lot number of the property in question.
(2)
A sketch containing a scale drawing clearly illustrating the location and number of proposed tables, chairs, planters, awnings, or other fixtures proposed to be located in the outdoor cafe.
(3)
The scale drawing shall illustrate the location of any doors leading from the food establishment to the outdoor dining area. No such door may be obstructed in any manner, the dimension and location of the unobstructed space permitting passage of pedestrian traffic around or through the outdoor cafe. The location of all fire hydrants, utility poles or other fixtures permanently located in the outdoor dining area, or on the sidewalk or other area within 50 feet of the outdoor dining area, shall be shown.
(4)
A statement of the seating capacity of the existing food establishment and the proposed seating capacity of the outdoor dining area.
(5)
A statement indicating the number of parking spaces serving the existing food establishment.
§ 195-170 Review of application; issuance of permit; inspections.
A.
The Zoning Officer will review the application for completeness and compliance with the terms of this article. If the application is complete, the Zoning Officer will act upon the same within five business days of the submittal of a complete application. The Zoning Officer may refer the application to the Construction Official, Chiefs of the Bureaus of Police and Fire, the Health Officer, the Municipal Engineer and the Municipal Planner for their review and recommendation, whereupon the time for all of the aforementioned actions shall be increased to 10 business days.
B.
If the application complies with the applicable ordinances, the Zoning Officer shall issue a permit, which shall be updated yearly, as defined above.
[Amended 5-15-2012 by Ord. No. 12-09]
C.
Acceptance of the permit by the applicant shall represent consent to allow the Departments of Health, Fire, Police and Building of the Borough to inspect the outdoor cafe for continued compliance with the terms, conditions and regulations of this article.
§ 195-171 Supplemental provisions.
A.
No permit required by this article shall be issued until the applicant shall have first filed with the Zoning Officer a comprehensive general liability policy issued to the applicant by a public liability insurance company authorized to do business in the State of New Jersey in the amounts specified. Such insurance policy shall name the Borough of Westwood as additional insured with respect to the operation and maintenance of the outdoor café, in an amount determined by the Borough.
B.
The insurance coverage required by this section shall at all times be maintained for the full amount and shall contain a clause obligating the company issuing same to give not less than 30 days' written notice to the Borough Clerk before cancellation or amendments of any of the terms thereof. The cancellation of any such policy shall have the immediate effect of suspending the permit to operate the outdoor cafe until a new policy complying with the provisions of this section is filed with the Zoning Officer, and a letter confirming the new effective date of the permit is issued by the Zoning Officer.
C.
No permit shall be issued until a statement is filed with the Zoning Officer agreeing to indemnify and hold harmless the Borough of Westwood from any and all claims, damages, judgement costs or expenses, including attorneys' fees, which may be incurred or required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the outdoor cafe for which the permit is issued.
D.
Any permit issued hereunder is issued solely as a revocable permit and is subject to revocation or suspension by the Zoning Officer for failure to comply with this chapter or for violation of any other applicable federal, state, county or municipal law, regulation or ordinance. It shall be unlawful for any person to operate an outdoor cafe after the suspension or termination of the applicable permit.
E.
No permit shall be issued unless the applicant agrees at the end of the license period, or in the event that the license is temporarily or permanently suspended or revoked, to vacate, at his own cost and expense, the sidewalk space and remove any property placed thereon. Failure to do so on five days' written notice shall grant the Borough the right to remove any property on the sidewalk. The applicant shall be required to reimburse the Borough for the cost of removing and storing the same.
§ 195-172 Applicability.
Whenever a lot containing "steep slopes," defined as slopes with, minimally, a gradient of 15%, is proposed to be developed in a single-family detached residential zone, the following requirements shall apply.
§ 195-173 Purpose.
The purpose of this article is to provide for reasonable control of development within the steep slope areas of the Borough in order to minimize the adverse impact caused by the development of such areas, including, but not limited to, erosion, siltation, flooding, surface water runoff, and pollution of potable water supplies from point and nonpoint sources.
§ 195-174 Conditions on disturbance of steep slope areas.
A.
Limited disturbance of steep slope areas is permitted under the following conditions set forth below, but only as per the following:
Steep Slope Category | Maximum Disturbance (area) | |
|---|---|---|
Less than 15% | 100% | |
15% to 19.99% | 40% | |
20% to 24.99% | 20% | |
25% or more | 10% |
B.
At the applicable board's or Borough Engineer's discretion, small, isolated pockets of steep slope areas that are under 1,000 square feet in size may be disregarded, provided that no more than 1,000 square feet of any one lot is disturbed, and provided that such action would be in the interest of good planning and would not seriously impair the purpose of this chapter and would otherwise result in practical difficulties to the applicant. Where, however, the applicable board or Borough Engineer finds such pockets to be significantly proximate and of such size as to constitute a substantial contiguous area, the reviewing authority may consider them significant and subject to the regulations of this chapter. In such case, they would be subject to the limitations of maximum disturbance of steep slopes.
§ 195-175 Establishment of Commission.
There is hereby established an advisory Historical Preservation Commission for the protection, enhancement and preservation of districts, sites, buildings and structures of historic, cultural or architectural value and interest within the Borough of Westwood.
§ 195-176 Definitions.
As used in this article, the following terms shall mean and include:
The construction of a new improvement as part of an existing improvement when such new improvement changes the exterior architectural appearance of any individually designated historic landmark or any structure within a designated historic district.
An approval issued by the administrative officer following referral to an action by the Chairman of the Borough Historic Preservation Commission, in place of action of the full Commission, and in accordance with the provisions of N.J.S.A. 40:55D-111.
The person designated by the Borough Administrator to handle the administration of historic project review applications as well as the coordination of building permit applications as referred to in this article.
Any development activity which alters the architectural appearance of an historic landmark or any improvement within an historic district, or any demolition of structures on an historic landmark property.
Any work done on any improvement which:
Any private person, persons or any representative of any private entity, private organization, association, or public agency with legal authority to make an alteration, addition, renovation, or repair or to demolish a structure that is governed under this article of the Code of the Borough of Westwood.
Any element or resource of the architectural style, design or general arrangement of a structure that is visible from the outside, including, but not limited to, the style and placement of all windows, doors, cornices, brackets, porch spindles, railings, shutters, the roof, type, color and texture of the building materials, signs and other decorative and architectural elements.
A structure designed for the habitation, shelter, storage, trade, manufacture, religion, business, education and the like, enclosing a space within its walls, and usually, but not necessarily, covered with a roof.
The certificate issued by the administrative officer that is required prior to undertaking rehabilitation, restoration, renovation, alteration, ordinary and nonordinary repair work or demolition work undertaken within an historic district or on an individually designated historic structure and accessory buildings or structures on the property pursuant to this article of the Code of the Borough of Westwood.
The chief administrator of the enforcing agency (Construction Department). He shall establish the day-to-day operating routines of the agency and shall coordinate the activities of the subcode officials. The Construction Official shall be qualified, in accordance with Subchapter 5 of the Uniform Construction Code,[1] in at least one subcode.
Partial or total razing or destruction of any historic landmark or of any improvement within an historic district, or any structure on an historic landmark property.
The condition of being in need of repairs; a structure or building in disrepair.
An area which:
Has a special character or special historic or aesthetic interest or value.
Represents one or more periods of styles in architecture typical of one or more eras in the history of the Borough, state or nation.
Causes such area, by reason of such features, to constitute a distinct section of the Borough.
Has been designated as an historic district pursuant to the provisions of this article.
Resources within an historic district shall be classified as either "key," "contributing" or "noncontributing," which are defined as follows:
"Key" shall mean any buildings, structures, sites or objects which, due to their significance, would individually qualify for inclusion on the National Register of Historic Places.
"Contributing" shall mean any buildings, structures, sites or objects which are integral components of the historic district, either because they date from a time period for which the district is significant, or because they represent an architectural type, period, or method for which the district is significant.
"Noncontributing" shall mean any buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period or method for which the district is significant.
Any improvement, any part of which has a special character or special historic or aesthetic interest or value as part of the development, heritage or cultural characteristics of the Borough, state or nation and which has been designated as an historical landmark pursuant to the provisions of this article.
Any parcel or part thereof on which a landmark is situated and has been designated an historic landmark site pursuant to the provisions of this article. This shall also include all primary and accessory structures or buildings located on the subject property.
The body which, for the purposes of this article, acts as the Historic Preservation Commission as cited in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and as set forth in Chapter 195 et seq., of the ordinances of Westwood Borough.
Any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction of installation for a period of not less than 120 continuous days.
The buildings, structures, sites and districts identified in the document entitled "Bergen County Historic Sites Survey – Borough of Westwood," prepared for the Bergen County Board of Chosen Freeholders, Bergen County Office of Cultural and Historic Affairs, and the Bergen County Historic Sites Advisory Board in 1982 to 1983. This shall also include any cultural resource inventory prepared subsequently which shall have used criteria for such an inventory determined professionally appropriate and acceptable at the time of the work.
The Master Plan of the Borough of Westwood, as amended from time to time, compiled pursuant to the Municipal Land Use Law.
The Municipal Land Use Law of the State of New Jersey, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to time.
The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places, as set forth in 36 C.F.R. § 60.4 et. seq.
The official list, maintained by the United States Department of the Interior, National Park Service, of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering and culture.
A thing of functional, aesthetic, cultural, historic, or scientific value that may be, by nature of design, movable yet related to a specific setting or environment.
A map of the Borough depicting all of the tax block and lots contained therein, and which shall be marked to identify the location of historic landmarks, historic landmark sites and historic districts.
A legislative act of the Governing Body of a municipality, adopted in accordance with statutory requirements as to notice, publicity, and holding of public hearings as required by law.
The repair of any deterioration, wear or damage to a structure, or any part thereof, in order to return the same, as nearly as practicable, to its condition prior to the occurrence of such deterioration, wear, or damage, with in-kind material and quality of workmanship, and in accordance with the requirements of the New Jersey Uniform Construction Code.[2]
A determination by the Historic Preservation Commission, after review of an application, if the applicant has demonstrated sufficient negative criteria or provided sufficient special reasons explaining how the preservation, rehabilitation, restoration or reconstruction of an historic resource will impact the applicant's ability to use the property in accordance with the guidelines as set forth in the standards of the Secretary of the Interior or as may be set forth in this article.
The act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this particular activity, however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems, and other code-required work to make properties functional, is appropriate within a preservation activity.
Any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied. Reconstruction may include repair, renovation, alteration or any combination thereof. Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or finishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.
Reconstruction shall also mean the act or process of depicting, by means of new construction, the form, features and detailing of a nonsurviving site, landscape, building, structure or object for the purpose of replicating its appearance at a specific period of time and in its historic location.
The repair, renovation, alteration or reconstruction of any building or structure in accordance with the New Jersey Uniform Construction Code.[3] Rehabilitation work shall take into account the preservation of those proportions or features which convey its historical, cultural or architectural values.
To partially or completely cause a structure or portion of a structure to change to another location, position, station or residence.
Any work done on any improvement which:
The act or process of replicating any exterior architectural feature that is used to substitute for an existing and deteriorated or extensively damaged architectural feature.
The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period that is selected. The limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within the scope of restoration activities.
The publication issued by the United States Department of the Interior, National Park Service, entitled "The Secretary of the Interior's Standards for the Treatment of Historic Properties as the Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings," issued in 1995, and revised from time to time.
The place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may also be the location of a ruined building, structure, or object if the location itself, or the objects found therein, possesses historic, cultural, or archeological significance. This shall include both primary and accessory buildings and structures.
The visual character of the street, including, but not limited to, the architecture, building setbacks and height, fences, storefronts, signs, lighting, parking areas, materials, sidewalks, curbing and landscaping.
A combination of materials used to form a construction for the purposes of occupancy, use or ornamentation, having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above, or below the surface of the land. For purposes of this article of this article only, the word "structure" shall also include fences which are over three feet in height; walls, other than retaining walls not projecting more than 12 inches above the ground at the highest level; independent radio and television antennae; gasoline pumps; gazebos; pergolas; and swimming pools.
The individual, appointed by either the municipal administrator or the Governing Body, who shall be responsible for the enforcement of this article, as enacted by the Governing Body, as it may relate to the erection, construction, reconstruction, rehabilitation, alteration, or conversion of a building or structure.
§ 195-177 Composition of Commission; qualifications; vacancies; terms; membership requirements; removal; officers and staff.
A.
Composition; qualifications; vacancies.
(1)
The Commission shall consist of seven members and two alternate members who shall serve without compensation and who shall be appointed by the Mayor and Borough Governing Body. All Commission members shall be residents of the Borough of Westwood, except as noted in Subsection C below.
(2)
To the extent available in the community, the Borough Governing Body shall appoint professional members from the disciplines of planning, cultural anthropology, conservation, landscape architecture, architecture, history, architectural history, prehistoric archaeology and historic archaeology who meet the standards contained in the National Park Service Professional Qualification Standards. The Borough Governing Body can request from the New Jersey State Historic Preservation Office an exemption from this requirement by demonstrating that a reasonable effort has been made to appoint qualified professionals.
(3)
Vacancies on the Commission are to be filled with qualified members within 60 days.
B.
The initial terms of office of the first Commission members shall be for one, two or three years, to be designated by the Mayor in making such appointments in the following manner: Three of such members shall be appointed for terms of one year, two of such members shall be appointed for terms of two years, and two of such members shall be appointed to terms of three years. The terms of each such member shall expire on December 31 of the last year of each such member's term and upon the appointment and qualification of such member's successor. The terms of appointment of succeeding Commission members shall be for four years each, to expire on December 31 of the last year of such succeeding member's term and upon the appointment and qualification of such member's successor. The initial terms of the alternate members shall not exceed two years, and, thereafter, the term of an alternate member shall be two years.
C.
Membership.
(1)
Members of the advisory Historic Preservation Commission shall include, in designating the category of appointment, at least one member of each of the following classes:
(2)
Of the regular members of the Commission, a total of at least one less than a majority shall be Class A and Class B. Those regular members who are not designated as Class A or B shall be designated as Class C. Class C members shall be citizens of the municipality who shall hold no other municipal office, position or employment except for membership on the Planning Board or Board of Adjustment. Alternate members shall meet the qualifications of Class C members. At the time of appointment of the members of the Commission, such members shall be designated by class, and the alternate members as "Alternate No. 1" and "Alternate No. 2."
D.
Each year, all members of the Commission should attend a conference or training workshop on historic preservation issues or a related field.
E.
The Mayor and Borough Governing Body may remove any member of the Commission for cause or written charges served upon such member and after a hearing thereon, at which hearing the member shall be entitled to be heard in person or by counsel. A vacancy on such Commission occurring otherwise than by expiration shall be filled in the same manner as an original appointment. Further, should a member of the Commission miss three consecutive regular meetings of the Commission, then that Commissioner's position shall be considered to have been officially vacated.
F.
Information on the credentials of the Commission members and consultants shall be kept on file and available to the public.
G.
Officers, staff and expenditures.
(1)
The Commission shall elect a Chairman and Vice Chairman from among its Class A, B or C members, provided the member is a Westwood resident. The Commission shall also appoint a Secretary, who may or may not be a member of the Commission or a municipal employee. The Commission shall be governed by Robert's Rules of Order. At least four members of the Commission shall constitute a quorum for the transaction of business. The Commission shall adopt, subject to formal approval by the Borough Governing Body, rules for the transaction of its business, in the form of bylaws, which shall provide for the identification of the time and place of holding regular meetings and for the calling of special meetings by the Chairman or at least four regular members of the Commission. All meetings of the Commission shall be governed by the New Jersey Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
[Amended 2-18-2014 by Ord. No. 14-1]
(2)
The Borough Governing Body shall provide for the Commission in its budget and shall appropriate such funds for the expenses of the Commission as the Borough Governing Body, in its sole discretion, shall determine, pursuant to N.J.S.A. 40:55D-108. The Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary, except that the Commission shall obtain its legal counsel from the Borough attorney at the hourly rate of compensation set forth in the Borough Attorney's contract with the Borough, unless the Borough Governing Body, by appropriation, provides for separate legal counsel. The services of the Borough Attorney shall be compensated for by the Borough Governing Body or from the Commission budget should such funds have been appropriately budgeted for. Expenditures pursuant to this subsection shall not exceed, including gifts or grants, the amount appropriated by the Borough Governing Body for the Commission's use. The Borough Governing Body shall establish, by ordinance, reasonable fees necessary to cover the expenses of administration and professional services to aid the Commission in its review of an application. These fees are in addition to any other fees required under any portion of this article or any other applicable Borough ordinance.
(3)
The Commission may appoint a consultant, who is a recognized professional in the field of architectural history, historic preservation and planning, or similar discipline, to advise the Commission on matters before it, as the Commission may deem necessary to assist in it rendering its decision, pursuant to this article.
(4)
The Commission Chairman shall be responsible for serving as the presiding officer for all Commission meetings and establishing the agenda for those meetings. The Chairman shall also serve as the primary spokesman for the Commission regarding policies and decisions made by the Commission. In the absence of the Chairman, the Vice Chairman shall assume the duties of the Chairman.
(5)
The Secretary shall be responsible for keeping a record of the proceedings before the Commission, which shall include the voting records of the members, their attendance, resolutions acted upon by the Commission and any of its findings, determinations and decisions. The Secretary shall also be responsible for preparing all letters and other correspondence for the Commission, having the appropriate member(s) of the Commission sign the correspondence and arranging for the mailing and/or distribution of such correspondence.
§ 195-178 Responsibilities, powers and duties of Commission.
The Commission shall have the following responsibilities, powers and duties:
A.
Within one calendar year of its organization, prepare and adopt, pursuant to § 195-179 hereof, an historic landmark, historic landmark site and historic district designation list and Official Map, which shall then be referred to the Planning Board for inclusion in the Master Plan pursuant to N.J.S.A. 40:55D-28b and to the Borough Governing Body for inclusion in this chapter.
B.
In accordance with the provisions and standards of this chapter regulating historical districts, and prior to approval by either the Planning Board or Zoning Board of Adjustment of any application for a permit to perform any alteration, construction, restoration or demolition upon any property located within an historic district or designated an historic landmark or historic landmark site, make and transmit, within 45 days after referral, a report to the Planning Board or Zoning Board of Adjustment, including recommendations concerning the proposed application and whether it should be approved or denied. The Commission shall also formally designate either the Chairman or another member of the Commission to attend the Planning Board or Zoning Board of Adjustment meeting and address any questions that might arise regarding the report. The Planning Board or Zoning Board of Adjustment shall review the report of the Commission and may disapprove or change any recommendation only by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. The Planning Board and Zoning Board of Adjustment shall utilize the same criteria contained in this article when reviewing the recommendations rendered by the Historic Preservation Commission. Failure of the Commission to transmit a report within the forty-five-day period provided herein shall relieve the Planning Board from the requirements of this section.
C.
The Commission shall evaluate properties included in the community-wide inventory against the criteria for the National Register of Historic Places and prepare nominations for the consideration of the State Historical Preservation Officer. Inventory material shall be:
D.
The Commission shall review proposed National Register nominations for properties.
(1)
When the nomination materials are received first or initiated by the Commission, the Commission shall promptly notify the State Historic Preservation Office and forward a copy of the nomination to the state agency.
(2)
The Commission shall allow a reasonable opportunity for public comment on the nomination by publicly announcing when the nomination will be discussed and conducting the discussion at a public meeting that complies with the requirements of the New Jersey Open Public Meetings Act,[1] held within 45 days of receipt of the nomination. When the Commission considers a National Register nomination which is normally evaluated by a professional in a specific discipline, and that discipline is not represented on the Commission, the Commission must seek expertise in this area in order to comment.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(3)
The Commission shall prepare a report as to whether or not such property, in its opinion, meets the criteria of the National Register. Within 60 days of notice from the State Historic Preservation Office that a nomination is technically complete, the Mayor shall transmit the report of the Commission and his recommendations to the State Historic Preservation Office.
E.
The Commission shall amend, from time to time, as circumstances warrant, the landmark designation list and Official Map in the manner set forth in § 195-179.
F.
The Commission shall report at least annually to the Planning Board, Zoning Board of Adjustment and the Borough Governing Body on the state of historic preservation in the Borough and recommend measures to improve the same. Such a report shall address, at a minimum, any properties added to either the New Jersey or National Registers of Historic Places, areas in the community that the Commission feels may be experiencing development pressures that would impact historic landmarks or historic districts, and buildings or structures that the Commission may be considering for local designation.
G.
The Commission shall collect and disseminate material on the importance of historic preservation and preservation techniques, and make available such materials to interested citizens and applicants, and prepare and distribute a design guidelines booklet addressing the specific design needs of individually designated buildings and structures and such buildings and structures within a designated historic district.
H.
The Commission shall advise, upon request, all interested citizens, applicants, and municipal, county and state agencies regarding goals and techniques of historic preservation as it relates to the preservation of the heritage of the Borough.
I.
The Commission shall adopt and promulgate such procedures not inconsistent with this article as are necessary and proper for the effective and efficient performance of the duties herein assigned. This shall include the establishment of standing committees, subcommittees or ad hoc committees.
J.
The Commission shall advise the Planning Board or the Zoning Board of Adjustment, upon request, as to any applications before those bodies which are not within but which may substantially affect or impact any historic district or individually designated historic landmark.
K.
The Commission shall carry out such advisory, educational and informational functions as will promote historic preservation in the Borough and shall consult with the Westwood Borough Historical Society and other agencies as deemed necessary and appropriate on all matters pertaining to the protection and preservation of the Borough's cultural resources.
L.
The Commission shall undertake a review of all Section 106 (National Historic Preservation Act of 1966[2]) applications for projects within the Borough and for those projects outside of the Borough but which may have a physical or visual impact on the cultural resources of the Borough. The Commission shall develop, in a timely manner, a report on its findings and submit the same to the State Historic Preservation Office and the Borough Planning Board or the Borough Zoning Board of Adjustment, depending on which Board would be hearing the application for development.
[2]
Editor's Note: See 16 U.S.C. § 470 et seq.
M.
The Commission shall undertake the review of all applications for a certificate of appropriateness in accordance with § 195-180 of this article.
N.
The Commission shall not undertake independent enforcement actions outside of the application review process.
§ 195-179 Designation of historic landmarks, historic landmark sites and historic districts.
A.
Survey. The Commission shall maintain a comprehensive survey of the Borough of Westwood to identify historic landmarks, historic landmark sites and historic districts that are worthy of protection and preservation. The basis of this survey shall be the buildings, structures, sites, objects and districts identified in the Bergen County Historic Sites Survey, Borough of Westwood, prepared for the Bergen County Board of Chosen Freeholders, Bergen County Office of Cultural and Historic Affairs, and the Bergen County Historic Sites Advisory Board in 1982 to 1983.
B.
Criteria for designation. The criteria for evaluating and designating historic landmarks, historic landmark sites and historic districts shall be guided by the National Register Criteria. The Commission or any person may recommend designation of historic landmarks, historic landmark sites or historic districts that are in accordance with the National Register Criteria or that possess one or more of the following attributes:
(1)
Character, interest, or value as part of the development, heritage or cultural characteristics of the Borough, state or nation;
(2)
Association with events that have made a significant contribution to the broad patterns of our history;
(3)
Association with the lives of persons significant in our past;
(4)
Embodiment of the distinctive characteristics of a type, period or method of construction, architecture, or engineering;
(5)
Identification with the work of a builder, designer, artist, architect or landscape architect whose work has influenced the development of the Borough, state or nation;
(6)
Embodiment of elements of design, detail, material or craftsmanship that render an improvement architecturally significant or structurally innovative;
(7)
Unique location or singular physical characteristics that make a district or landmark or site an established or familiar visual feature; or
(8)
Ability or potential ability to yield information important in prehistory or history.
C.
Procedures for designation.
[Amended 10-1-2024 by Ord. No. 24-27]
(1)
Persons wishing to make a nomination shall contact the Commission Secretary regarding consideration of a proposed historic landmark, historic landmark site or historic district. The Commission may also initiate the designation of an historic landmark, historic landmark site or historic district. The Commission will schedule a hearing to review the proposed historic landmark, historic landmark site or historic district.
(2)
A nomination to propose an historic landmark or historic landmark site shall include the following information, which addresses the criteria for designation as set forth herein:
(a)
A photograph, preferably black and white, of the proposed landmark or site;
(b)
A copy of the municipal Tax Map showing the property on which the proposed landmark or site is located;
(c)
A written description of the physical condition and details of the proposed landmark or site; and
(d)
A written statement of significance, employing the criteria set forth in this article.
(3)
A nomination to propose an historic district shall include the following information which addresses the criteria for designation as set forth herein:
(a)
A building-by-building inventory of all properties within the proposed district;
(b)
A photograph, preferably black and white, of all properties within the proposed district;
(c)
A copy of the municipal Tax Map that will depict the boundaries of the proposed district;
(d)
A written description of the physical condition of the buildings in the proposed district, as well as a description of the streetscapes in the proposed district; and
(e)
A written statement of significance, employing the criteria set forth in this article.
(4)
Following receipt of a nomination to propose an historic landmark, historic landmark site or historic district, the Commission shall schedule a public hearing on the proposed designation.
(5)
At least 20 days prior to the public hearing, the Commission shall, by personal service or certified mail, perform the following:
(a)
Notify the owner(s) of record of a property that has been proposed for historic landmark or historic landmark site designation, or the owner(s) of record of all properties located within a district that has been proposed for historic district designation, that the property or district, as applicable, is being considered for such designation and the reasons therefor;
(b)
Advise the owner(s) of record of the significance and consequences of such designation and the rights of the owner(s) of record to contest such designation under the provisions of this article;
(c)
Advise the owner(s) of record and the Building Department of the date, time and location of the hearing concerning the proposed designation of the property or district; and
(e)
Shall cause public notice of the hearing to be published in the official designated newspaper of the Borough.
(6)
At least 20 days prior to the public hearing, a copy of the nomination report shall also be made available for public inspection in the municipal offices of the Borough.
(7)
At the public hearing scheduled in accordance with this article, the Commission shall review the nomination report and accompanying documents. Interested parties shall be given the opportunity to be heard and to comment on the proposed nomination for designation.
(8)
If the proposed nomination is approved by the Commission, then the Commission shall forward a report concerning the proposed historic landmark, historic landmark site or historic district to the Borough Governing Body, which shall contain a statement of the Commission's recommendations and the reasons therefor. The Borough Governing Body action on designating an historic landmark, historic landmark site or historic district shall then be otherwise subject to those procedures and statutes which apply to a change of a zoning designation and the adoption, revision or amendment of any development regulation.
(9)
All other requirements of the Municipal Land Use Law regarding adoption of development regulations shall be followed.
(10)
Upon adoption of an ordinance by the Borough Governing Body designating an historic landmark, historic landmark site or an historic district, the said designation shall supplement, rather than supersede, the existing zoning district in which the affected historic landmark, historic landmark site or historic district is located. At that time, the designation list and map shall be incorporated into the Borough Master Plan and this article as required by the Municipal Land Use Law. Designated properties shall also be noted as such on the records for those properties maintained by the Planning Board and Zoning Board of Adjustment, as well as the offices of the Borough Construction Official, the Borough Tax Assessor and the Borough Clerk.
(11)
Moratorium on applications for alteration or demolition during pendency of designation action. No applications for a permit to construct, alter or demolish any structure or any feature of a proposed landmark or property located within a proposed landmark district, filed subsequent to the date that an application has been filed or a resolution adopted to initiate designation of a proposed landmark or landmark district, shall be approved by the administrative officer or other municipal agency without review by the Commission of such applications and the granting of a C/A. Commission review of such applications shall be conducted as if the property related to such applications had already been designated as a landmark property or district, and thereby are subject to the same criteria, standards, and procedures which govern similar applications concerning properties designated as landmarks or properties within a landmark district. After the expiration of 180 days from the date of the initial filing of the designation proposal with the Commission, the permit application may be approved without Commission review in accordance with the relevant provisions of the Municipal Code of the Borough.
(12)
Amendments to historic landmark, historic landmark site or historic district designations may be made in the same manner as they were adopted in accordance with the provisions of this article.
D.
Designation of historic districts.
[Added 12-20-2011 by Ord. No. 11-15]
(1)
Jefferson Avenue Historic District.
(a)
Pursuant to Borough Code, § 195-179 et seq., there is hereby designated a historic district in the Borough of Westwood, known as the "Jefferson Avenue Historic District," which shall include and embody the following properties located in the Borough of Westwood:
(b)
By virtue of the creation of said Jefferson Avenue Historic District, and the inclusion of the above-referenced properties within said district, the above-mentioned properties shall be subject to the provisions and requirements of Borough Code, § 195-175 et seq., and specifically Borough Code, § 195-180 et seq.
(c)
The designation of the Jefferson Avenue Historic District as provided herein shall supplement, rather than supersede, the existing zoning district in which the Jefferson Avenue Historic District is located.
E.
Designation of historic properties.
[Added 10-15-2024 by Ord. No. 24-28]
(1)
84 Washington Avenue.
(a)
Pursuant to Borough Code, § 195-179 et seq., there is hereby designated a historic sit at 84 Washington Avenge in the Borough of Westwood.
(c)
If any section, subsection, part, clause or phrase of this subsection shall be declared invalid by judgment of any court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of this subsection.
§ 195-180 Certificate of appropriateness; demolitions; relocation; alterations; new construction.
A.
Certificate of appropriateness.
(1)
When required. A certificate of appropriateness issued by the Planning Board shall be required before any work is commenced on any historic landmark, any historic landmark site or improvement with an historic district, whether or not a permit is required for such work, including but not limited to the following:
(a)
Changing the exterior appearance of any building, structure, site, object or improvement by addition, reconstruction, alteration or replacement, including the replacement of windows and doors, except for the activities described by Subsection A(2) below.
(b)
Demolition of any building, structure, site, object or improvement.
(c)
Relocation of a principal or accessory building, structure, object or improvement.
(d)
Any addition to or new construction of a principal or accessory building, structure, object or improvement.
(2)
When not required.
(a)
A certificate of appropriateness shall not be required before a permit is issued by the Construction Official for changes to the interior of a structure.
(b)
A certificate of appropriateness shall not be required for exterior or interior painting of existing structures.
(c)
A certificate of appropriateness shall not be required if, in the opinion of the Commission, the work contemplated constitutes ordinary maintenance and repair as defined by this article. In such cases, if a permit is required for the proposed work, the Commission or administrative officer shall promptly notify the Construction Official that a certificate of appropriateness is not required as a prerequisite to the issuance of a permit.
(3)
Procedures.
(a)
Except for the circumstances described in Subsection A(2)(a) and (b) above, no work shall be performed on any historic landmark, historic landmark site or on any building, structure, object, site or improvement located within an historic district until either a certificate of appropriateness has been issued by the Planning Board for such work or until a determination has been made by the Commission that no certificate of appropriateness is necessary for such work due to the fact that the proposed work constitutes ordinary maintenance and repair pursuant to this article.
(b)
All applicants for a certificate of appropriateness, or for a determination of nonnecessity pursuant to Subsection A(2)(c) above, shall complete an application form as adopted by the Commission. Application forms shall be made available in the office of the Borough Planning Board Secretary or the Construction Official. Completed applications shall be filed with the administrative officer of the Commission, who shall then forward the application package to the Commission.
(c)
Each application for a certificate of appropriateness or for a determination of nonnecessity shall be accompanied by sketches, drawings, photographs (both historical and contemporary), descriptions or other information as may be required from the application checklist and as required by the Commission. The information is to be used to show the alterations, additions, changes or new construction that is being proposed. Applications for demolition shall include historical and contemporary photographs of the exterior and interior of the building or structure in question. The Commission may require the subsequent submission of such additional materials as it reasonably requires to make an informed decision and recommendation to the Planning Board.
(d)
The Commission, through its administrative officer, shall recommend to the Planning Board either the approval or denial of the application for a certificate of appropriateness and shall explain in writing the reasons for its recommendation. The Commission's recommendation shall focus on how the proposed undertaking would affect a landmark's historic and/or architectural significance as set forth in the criteria of this article. In considering the Commission's recommendations, the Planning Board shall be guided by the same review criteria of this article and shall follow the recommendations of the Commission unless, for good cause, its opinion shall differ with those of the Commission. In such case, the Planning Board shall state its reasons in writing.
(e)
The applicant for a certificate of appropriateness shall be required to appear before the Commission and Planning Board for the hearing on the application. An applicant may also be represented by an attorney or another individual who shall be authorized in writing to represent the applicant. If an applicant is a corporation, limited-liability corporation or other form of legally constituted corporation, then that applicant shall be represented by an attorney.
(f)
A certificate of appropriateness shall be valid for a period of two calender years from the date of the Planning Board action on the resolution adopted to memorialize the approval of the certificate of appropriateness.
B.
Demolitions.
(1)
With respect to applications for demolition, the Commission and Planning Board shall first consider whether preservation of the historic landmark in place is feasible or, failing that option, whether preservation of the historic landmark at another location is feasible and practical. In determining whether preservation of the historic landmark in place is feasible, the following factors shall be considered:
(a)
Its importance to the municipality and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.
(b)
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with difficulty.
(c)
The extent to which its retention would promote the general welfare by maintaining and increasing real estate values, generating business, creating new jobs, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, encouraging study and interest in studying architecture and design, educating citizens in American culture and heritage or making the municipality a more attractive and desirable place in which to live.
(d)
If it is within an historic district, the probable impact of its removal upon the ambience of the historic district.
(e)
Whether the historic landmark represents the last or best remaining example of its kind in the Borough that possesses research potential or public education values.
(f)
Whether the historic landmark can be preserved by protecting its location from disturbance.
(g)
Whether redesign of the development proposal to avoid impact can result in the preservation of the building or structure in question.
(h)
The historic, architectural, aesthetic and social significance of the building or structure and/or importance and uniqueness to the Borough and the extant archaeological resources.
(i)
Whether protective measures will result in the long-term preservation of the historic landmark.
(j)
Whether the steps necessary to preserve the historic landmark are feasible and practical.
(2)
In the event that the Commission recommends and the Planning Board grants permission for the demolition of the historic landmark, the applicant shall be responsible for preparing and submitting to the Commission a completed set of drawings and photographs of the historic landmark that meet the standard established by the Historic American Buildings Survey (HABS), as administered through the United States Department of the Interior. The photographs are to be taken by a professional photographer and shall be eight-inch-by-ten-inch black and white prints made on archival-quality photographic paper and taken from large format (four-inch-by-five-inch minimum size) negatives. The drawings and photographs shall be submitted to the Commission for review and acceptance. Prior to having the municipality issue the formal certificate authorizing the demolition, the applicant shall have submitted two sets of drawing prints and one set of reproducible Mylar prints and two sets of eight-inch-by-ten-inch black and white photographic prints and the large format negatives that the prints were made from. These requirements may be waived by the Historic Preservation Commission if the demolition involves a noncontributing building or structure within a designated historic district.
(3)
In the event that the Commission recommends disapproval of an application for a certificate of appropriateness to demolish an historic landmark or a building, structure, site, object or improvement located in an historic district, and the Planning Board concurs, the owner shall, nevertheless, as a matter of right, be entitled to raze or demolish the same, provided that all of the following requirements have been fully met:
(a)
Appeal to the New Jersey State Superior Court. The owner has applied for the necessary certificate of appropriateness and has received notice of the Planning Board's denial of same from the administrative officer and has appealed to the New Jersey State Superior Court. If the New Jersey State Superior Court overturns the denial rendered by the Planning Board, then the applicant will be responsible for completing the documentation components stipulated in Subsection B(2) above prior to the formal demolition permit being issued by the Borough.
(b)
Sale for fair market value. The owner has, prior to seeking demolition for a period of at least 365 days (the "offer period"), and at a price reasonably related to its fair market value, made a bona fide offer to sell such building, structure, site, object or improvement, and the land pertaining thereto, to any person, entity, organization, government or political subdivision thereof which gives reasonable assurance that it is willing to preserve the building, structure, site, object or improvement, and the land pertaining thereto.
(c)
Posting of demolition notice and publication. Notice of any proposed demolition shall be posted on the exterior premises of the building, structure, site, object or improvement throughout the notice period in a location such that it is clearly readable by the public. The actual size and location of the notice sign shall be determined jointly by the Commission and the applicant at a public meeting on the application. In addition, the applicant shall cause to be published in the officially designated newspaper of the Borough a notice setting forth the following:
[1]
The applicant's intent to demolish, including a description of the subject property (by block and lot number, as well as by physical location) and a description of the building, structure, site, object or improvement to be demolished;
[2]
The applicant's proposed use of the property following demolition;
[3]
The anticipated time frame(s) associated with the demolition;
[4]
A statement indicating that the applicant shall consider any and all bona fide offers to sell the property to any person who wishes to preserve the building, structure, site, object or improvement; and
[5]
The applicant's name and address, along with a telephone number where the applicant may be reached during normal business hours by any interested person who wishes to discuss the proposed demolition and/or make an offer to purchase the property as set forth above.
(d)
The notice shall be published as follows:
(e)
At the conclusion of the notice period, if the applicant still wishes to demolish the subject building, structure, site, object or improvement, it shall, prior to performing the demolition, perform the following:
[1]
Advise the Commission in writing, by certified return mail, of its intention to proceed with the demolition;
[3]
Provide the Commission with a copy of the notices that appeared in the officially designated newspaper(s) of the Borough and a listing of all of the dates on which the said notice(s) appeared in the newspaper(s);
[4]
Advise the Commission in writing as to whether any interested persons submitted an offer or offers to purchase the property, whether during the three-hundred-sixty-five-day offer period or following the newspaper notices referenced above, and set forth the terms and conditions relating to said offer(s) and the results of any negotiations pertaining thereto; and
[5]
File copies of the affidavits of publications relating to all newspaper notices with the Commission.
(f)
Notice period. The period of time during which the notice must be given in the manner hereinbefore set forth shall be known as the "notice period," which shall commence on the 10th day following the date of the notice of denial of the appeal from the New Jersey State Superior Court, and such notice period shall run for a period of time of 60 days.
(4)
Assignment. No assignment of the rights granted by a certificate of appropriateness to demolish shall be permitted.
(5)
Expiration of approval. In cases where demolition is permitted, the certificate of appropriateness shall be valid for one year from the date of the Commission approval of the application. The one-year approval shall not be extended. At the time of issuance of the certificate of appropriateness to demolish, the Construction Official shall designate the period of time (within the one-year approval period) within which demolition must be completed.
(6)
Approval after change of circumstances. The Commission may at any time during such notice period, if a significant change in circumstances occurs, approve a certificate of appropriateness to demolish, in which event, a permit from the Construction Official shall be issued within 10 working days thereafter.
C.
Removal of an historic landmark from the municipality. In regard to an application to move an historic landmark within an historic district or an individually designated historic landmark to a location outside the municipality, the following matters shall be considered, in addition to the criteria set forth in Subsection A above:
(1)
Whether the historic landmark can be relocated and still retain its historic significance.
(2)
Whether the historic landmark is sufficiently well preserved and structurally stable to sustain the relocation.
(3)
Whether alternative locations that are compatible with the historic landmark are available.
(4)
Whether it is feasible and practical to relocate the historic landmark.
(5)
Whether the relocation will result in the long-term preservation of the historic landmark.
(6)
The rational for not retaining the historic landmark at its present location and the probable impact of its removal upon the ambience of the historic district.
D.
Removal of an historic landmark to another location within the municipality.
(1)
In regard to moving an individually designated historic landmark or any building or structure in an historic district to a new location within the municipality, the following matters shall be considered in addition to the criteria listed in Subsection A above:
(a)
Whether the historic landmark can be relocated and still retain its historic significance.
(b)
Whether the historic landmark is sufficiently well preserved and structurally stable to sustain the relocation.
(c)
Whether alternative locations that are compatible with the historic landmark are available.
(d)
Whether it is feasible and practical to relocate the historic landmark.
(e)
Whether the relocation will result in the long-term preservation of the historic landmark.
(f)
The rational for not retaining the historic landmark at its present location and the probable impact of its removal upon the ambience of the historic district. Also, consideration must be given to the site where the building or structure is to be relocated.
(2)
Following the relocation of the historic landmark to another site in the municipality, the Commission and Planning Board shall retain jurisdiction of the building and site for purposes of review of any future development activity in terms of alteration, addition or demolition. The tax block and lot number of the new site shall be added to the list of designated historic properties and shall be included on the Official Map, as defined in this article.
E.
Alterations and additions. In regard to an application for alterations and/or additions affecting either an individually designated historic landmark, site or a building or structure within a designated historic district, the following factors shall be considered:
(1)
Design and materials. The proposed design and materials will conform to the building's original architectural style.
(2)
Original qualities. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features shall be avoided.
(3)
Acquired significance. Changes that have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(4)
Repair versus replacement. Deteriorated architectural features (e.g., windows, doors, shutters, trim, siding, etc.) shall be repaired rather than replaced, wherever possible, using the Secretary of the Interior's Standards for Rehabilitation. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features substantiated by historic, physical, or pictorial evidence rather than conjectural designs or the availability of different architectural elements from other buildings or structures.
(5)
Design of alterations or additions.
(a)
Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural, or cultural material and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.
(b)
The addition being proposed cannot exceed more than 25% of the total above-grade enclosed and livable square footage of the existing building or structure.
(6)
Character of alterations. Wherever possible, new additions and alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
(7)
Synthetic siding. Synthetic siding is not permitted on key buildings. Synthetic siding may be used to resurface facades of low public visibility on contributing buildings that were originally wood-sided only if the substitute siding is similar in design, width and texture to the original siding and will not endanger the physical condition and structural life of the building. Architectural trim must be retained, and "packing out" of window and door frames is specifically prohibited.
(8)
Window and door openings.
(a)
The number, size and locations of original window and door openings shall be retained. Window and door openings shall not be reduced to fit stock material. New window and door openings shall not be added on elevations that are subject to view from a public street.
(b)
Fiberglass-clad, vinyl-clad and aluminum-clad windows and doors are not acceptable on key buildings. Non-wood-surfaced window sashes, frames and doors and door frames may be used on side and rear exposures of low public visibility on contributing buildings that were originally wood windows and doors when the substitute windows and doors are similar in design, width, height and texture to the original wood windows or doors and will not endanger the physical condition and structural life of the building or structure. Architectural trim and adornments must be retained. Non-wood-surfaced window sashes, frames and doors are acceptable on noncontributing buildings. Pure vinyl windows are not permitted.
F.
New construction.
(1)
In regard to an application for new construction or replacements affecting an historic landmark, site, or an improvement within an historic district, the following factors shall be considered:
(a)
Height. The height of the proposed buildings shall be visually compatible with adjacent buildings.
(b)
Proportion of building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.
(c)
Proportion of openings within the facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.
(d)
Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.
(e)
Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which they are visually related.
(f)
Relationship of materials, texture and color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which they are visually related.
(g)
Roof shapes. The roof shape of a building shall be visually compatible with buildings to which it is visually related.
(h)
Walls of continuity. Appurtenances of building, such as walls, open-type fencing and evergreen landscape masses, shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.
(i)
Scale of building. The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually related.
(j)
Directional expression of front elevation. A building and/or structure shall be visually compatible with buildings and/or structures to which it is visually related in its vertical character, horizontal character or nondirectional character.
(k)
Exterior features. A building and or structure's related exterior features, such as lighting, fences, signs, sidewalks, driveways, satellite dishes and parking areas, shall be compatible with the features of those structures to which it is visually related and shall be appropriate for the historic period for which the structure is significant.
(l)
Rhythm of solids to voids on facades fronting on public places. The relationship of solids to voids in such facades of a building shall be visually compatible with buildings and places to which it is visually related.
(2)
Permit review. It shall be the duty of all municipal officials reviewing permit applications involving real property or improvements thereon to determine whether such application involves any activity which should also be the subject of an application for a certificate of appropriateness and, if it should, to inform the Historic Preservation Commission, the Planning Board or the Zoning Board of Adjustment, and the applicant.
§ 195-181 Emergency repairs; review of request to repair; additional repairs.
A.
When a structure or improvement requires immediate repair to preserve the continued habitability of the structure and/or the health and safety of its occupants or others, emergency repairs may be performed, in accordance with the uniform construction codes,[1] without first obtaining a certificate of appropriateness. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the structure or others and/or to maintain the habitability of the structure. Where feasible, temporary measures to prevent further damage should be used, provided these measures are reversible without damage to the structure.
B.
The property owner shall make a request for the Commission's review simultaneously with the onset of the emergency work. The request shall be made to the administrative officer. Such emergency work shall be permitted only if the administrative officer certifies the immediate necessity for such permit issuance. Upon notice to the full Commission by telephone, personal contact or other appropriate means of communication, at least four members of the Commission shall convene as soon as possible and such convening members shall proceed to review the certificate of appropriateness application as provided in this article. The Commission shall conduct the emergency meeting in accordance with the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.). Subsequent to such review, a certificate of appropriateness may be issued upon a majority vote of the members convened.
C.
No work in addition to the emergency repairs shall be performed on the structure until an appropriate request for approval is made and approval is obtained from the Commission after referral of the request by the Construction Official.
§ 195-182 Procedures for review of site plans, subdivisions and variance applications.
A.
In conjunction with all applications presented to the Planning Board or the Zoning Board of Adjustment for site plan, subdivision or variance approval(s), which applications relate to land, buildings or structures within the zone district, including the historic districts, or to any buildings, structures, sites or objects designated as historic landmarks pursuant to this article, an applicant shall also submit a copy of such application to the Historic Preservation Commission for review pursuant to N.J.S.A. 40:55D-110. Such an application shall solely pertain to the proposed development review.
B.
The application shall be scheduled for review by the Historic Preservation Review Commission at its next regularly scheduled meeting. Upon completion of its review, the Commission shall forward a report of its findings to either the Planning Board or the Zoning Board of Adjustment, as the case may be, recommending an approval (with or without conditions) or recommending denial. The recommendations shall be in the form of a written report conveyed to the appropriate board. The report shall also set forth the reasons for the specific recommendations based upon the criteria contained in this article and also the guidelines of the Secretary of the Interior. The Historic Preservation Commission shall provide its advice through the Commission's delegation of one of its members or staff to testify orally at the hearing on the application and to explain any technical comments or recommendations as outlined in the written report.
C.
The Commission's recommendations shall focus on how the proposed undertaking would affect a landmark's historic or architectural significance, guided by the documents submitted by the applicant, the standards and design criteria for review of applications established in this article, and the guidelines of the Secretary of the Interior. Neither the Planning Board nor the Zoning Board of Adjustment shall take action on any development application request affecting an historic landmark or an improvement with a designated historic district without first reviewing and considering the Commission's recommendations. In considering the Commission's recommendations, the Planning Board or the Zoning Board of Adjustment shall also be guided by the review criteria established by this article.
§ 195-183 Effect of certificate of appropriateness; approval; denial; appeal.
A.
Within 45 days of a submission of an administratively complete application for a certificate of appropriateness, the Historic Preservation Commission shall report to the Planning Board, summarizing its actions relative to the application. Its report may recommend issuance of the certificate of appropriateness (with or without conditions) or may recommend denial of the certificate of appropriateness. Failure to report within the forty-five-day period, or any extended time limit agreed upon jointly by the Commission and the applicant, shall be deemed to be constituted as a report to the Planning Board in favor of issuance of the certificate of appropriateness and without the recommendations of conditions to the certificate of appropriateness.
B.
A certificate of appropriateness which permits new construction, demolition, relocation, alteration, additions, nonordinary repairs or replacements affecting an historic landmark shall be conditioned upon the appropriate treatment of the resources.
C.
The work authorized by the certificate of appropriateness must be initiated within one year from the date that the certificate is granted. If a construction permit is required for such work, the certificate of appropriateness shall be valid for the life of the construction permit and any extensions thereof. For the purposes of this section, a certificate of appropriateness shall be deemed invalid if the work ceases for a period of six months after commencement of work. Reasonable extensions may be granted based upon appropriate persuasive evidence.
D.
An applicant for a certificate of appropriateness who is dissatisfied with the actions of the administrative officer in denying the certificate of appropriateness or in issuing the certificate of appropriateness with objectionable conditions may appeal that action to the Borough Zoning Board of Adjustment within 30 days from the date of the administrative officer's written decision. This right of appeal is limited to the applicant only.
§ 195-184 Violations and penalties.
A.
In the event that any person shall undertake or cause to be undertaken any exterior work on an individually designated historic landmark or improvement or an historic landmark or improvement within a designated historic district for which a certificate of appropriateness is required without first having obtained such a certificate of appropriateness, such person(s) shall be deemed to be in violation of this article and shall be subject to the fines and penalties as provided by law in the Code of the Borough of Westwood for violation of local ordinances, subject to the following:
(1)
Upon learning of the violation, the Zoning Officer shall personally serve upon the owner of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the landmark or improvement to its status quo ante. If the owner cannot be personally served within the municipality with said notice, a copy shall be posted on site and a copy sent by certified mail, return receipt requested, to the owner at his last known address as it appears on the municipal tax rolls.
(2)
In the event that the violation is not abated within 10 days of service or posting on site, whichever is earlier, the Zoning Officer shall cause to be issued a summons and complaint, returnable in the municipal court, charging violation of this article. Each separate day that the violation exists shall be deemed to be a new and separate violation.
(4)
In the event that any action which would permanently adversely change the landmark or historic district, such as demolition or removal, is about to occur without a construction permit having been issued, the Zoning Officer is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of any historic landmark, historic landmark site or improvement within an historic district.
§ 195-185 Interpretation.
A.
Nothing contained within this article shall supersede the powers of other local legislative or regulatory bodies or relieve any property owner of complying with the requirements of any other state statutes or municipal ordinances or regulations.
B.
In the event of any inconsistency, ambiguity or overlapping of requirements between these provisions and any other requirements enforced by the municipality, the more restrictive shall apply, to the effect that state and/or federal legislation has not preempted the municipality's power to enforce more stringent standards.
C.
These ordinance requirements should not be viewed as requiring or prohibiting the use of any particular architectural style, rather, the purpose is to preserve the past by making it compatible with and relevant to the present. To that end, new construction in or near an historic building, structure, object or site should not necessarily duplicate the style, rather, it should be compatible with and not detract from the building, structure, site, object, neighborhood and its environment.
§ 195-186 Affordable housing mandatory set-aside purpose and requirements.
A.
Purpose. This article is intended to ensure that any site that benefits from a subdivision or site plan approval, rezoning, use variance, redevelopment plan or rehabilitation plan approved by the Borough or a Borough land use board (except for the Borough's R-1 Zone district) that results in multifamily residential development of five dwelling units or more produces affordable housing at a set-aside rate of 20% for affordable for-sale units and at a set-aside rate of 15% for affordable rental units. This article shall apply except where inconsistent with applicable law.
B.
Mandatory set-aside requirement.
(1)
Any multifamily or single-family attached residential development, including the residential portion of a mixed-use project, that is approved to contain five or more new dwelling units as a result of a subdivision or site plan approval, rezoning, use variance, redevelopment plan or rehabilitation plan approved by the Borough or a Borough land use board (except for the Borough's R-1 Single-Family Residential Zone district) shall be required to set aside a minimum percentage of units for affordable housing.
(2)
For inclusionary projects in which the low and moderate units are to be offered for sale, the minimum set-aside percentage shall be 20%; for projects in which the low- and moderate-income units are to be offered for rent, the minimum set-aside percentage shall be 15%. Where the set-aside percentage results in a fractional unit, the total set-aside requirement shall be rounded upwards to the next whole number. The first affordable rental unit to be created shall be a qualified affordable family unit as defined in N.J.A.C. 5:97-1.4 as amended or supplemented.[1] This requirement shall be satisfied if an affordable rental unit is first created in the RW-RM or LB-RM District pursuant to §§ 195-121.1 or 195-122.1.
[Amended 3-5-2019 by Ord. No. 19-2]
[1]
Editor's Note: The provisions of N.J.A.C. 5:97-1.1 et seq. expired 6-2-2015.
(3)
Nothing in this article precludes the Borough or a Borough land use board from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to this article consistent with N.J.S.A. 52:27D-311h and other applicable law.
(4)
This requirement does not create any entitlement for a property owner or applicant for subdivision or site plan approval, a zoning amendment, use variance, or adoption of a redevelopment plan or rehabilitation plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.
(5)
This requirement does not apply to any sites or specific zones for which higher set-aside standards have been or will be established, either by zoning, subdivision or site plan approval, or an adopted redevelopment plan or rehabilitation plan.
(6)
Furthermore, this requirement shall not apply to developments containing four or fewer new dwelling units.
(7)
If the Borough's settlement agreement with Fair Share Housing Center ("FSHC") dated April 24, 2018, or the Borough's 2018 Housing Element and Fair Share Plan establishes set-aside standards for any specific sites or zones which are different from the set-aside standards set forth in this article, the set-asides established for those sites or zones in the settlement agreement or Housing Element and Fair Share Plan shall govern.
(8)
Where a developer demolishes existing dwelling units and builds new dwelling units on the same site, the provisions of this section shall apply only if the net number of dwelling units is five or more.
(9)
All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this section.
§ 195-187 Purpose.
A.
This article is intended to assure that low- and moderate-income units ("affordable units") are created with controls on affordability and that low- and moderate-income households shall occupy these units. This article shall apply except where inconsistent with applicable law.
B.
The Borough of Westwood 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. (hereinafter "Fair Share Plan"). The Fair Share Plan was subsequently endorsed by the governing body. The Fair Share Plan describes how the Borough of Westwood shall address its fair share of low- and moderate-income housing as documented in the Fair Share Plan itself, the settlement agreement entered into between the Borough and Fair Share Housing Center ("FSHC") on June 18, 2018 (hereinafter "FSHC settlement agreement"), and the court order approving same, which was entered by the court on July 24, 2018, after a properly noticed fairness hearing.
C.
The Borough of Westwood shall track the status of the implementation of the Fair Share Plan.
§ 195-188 Monitoring and reporting requirements.
The Borough of Westwood shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its court-approved Housing Element and Fair Share Plan:
A.
Beginning one year after the entry of the Borough's Round 3 Judgment of Compliance and Repose, and on every anniversary of that date through 2025, the Borough agrees to 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 (FSHC) and posted on the municipal website, using forms developed for this purpose by the New Jersey Department of Community Affairs (NJDCA), Council on Affordable Housing (COAH), or Local Government Services (NJLGS). 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.
B.
Beginning one year after the entry of the Borough's Round 3 Judgment of Compliance and Repose, and on every anniversary of that date through 2025, the Borough agrees to provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to Fair Share Housing Center, using forms previously developed for this purpose by COAH, or any other forms endorsed by the court-appointed special master and FSHC.
C.
The Fair Housing Act includes two provisions regarding action to be taken by the Borough during its ten-year repose period. The Borough will comply with those provisions as follows:
(1)
For the midpoint realistic opportunity review due on July 2, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Borough will post on its municipal website, with a copy 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 and whether the mechanisms to meet unmet need should be revised or supplemented. Such posting shall invite any interested party to submit comments to the Borough, with a copy to Fair Share Housing Center, regarding whether any sites no longer present a realistic opportunity and should be replaced and whether the mechanisms to meet unmet need should be revised or supplemented. Any interested party may by motion request a hearing before the court regarding these issues.
(2)
For the review of very-low-income housing requirements required by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary of the entry of the Borough's Judgement of Compliance and Repose, and every third year thereafter, the Borough will post on its municipal website, with a copy provided to 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 Borough and Fair Share Housing Center on the issue of whether the Borough has complied with its very-low-income housing obligation under the terms of this settlement.
(3)
In addition to the foregoing postings, the Borough may also elect to file copies of its reports with COAH or its successor agency at the state level.
§ 195-189 Definitions.
The following terms when used in this article shall have the meanings given in this section:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.), as has been subsequently amended.
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable units in accordance with this article, applicable COAH regulations and the uniform housing affordability controls (UHAC)(N.J.A.C. 5:80-26.1 et seq.).
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 by COAH in its applicable regulations or an equivalent controlling New Jersey state agency; 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 the Borough's Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred-percent affordable development.
Any mechanism in the Borough's Fair Share Plan prepared or implemented to address the Borough's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited pursuant to applicable COAH regulations, the FSHC settlement agreement, or an order of the court.
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that:
All the residents of the development where the unit is situated are 62 years or older; or
At least 80% of the units are occupied by one person that is 55 years or older; or
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 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 New Jersey Council on Affordable Housing.
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. Inclusionary developments must have a minimum 20% set aside of affordable units if the development has five or more units and is a for-sale project, or a minimum 15% set aside if the development is a rental project. 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 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 the Department.
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.
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for Westwood.
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 defined by the Department's adopted regional income limits published annually by the Department.
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 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 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.
§ 195-190 Applicability.
A.
The provisions of this article 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 Westwood pursuant to the Borough's most recently adopted Housing Element and Fair Share Plan.
B.
Moreover, this article shall apply to all developments that contain low- and moderate-income housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.
§ 195-191 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 | 10 |
50 | 50 |
75 | 75 |
90 | 100 |
§ 195-192 New construction.
A.
Low/moderate 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 rental units shall be very-low-income units (affordable to a household earning 30% or less of regional median income by household size). The very-low-income units shall be counted as part of the required number of low-income units within the development. At least 50% of the very-low-income units must be available to families.
(2)
In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be very-low- or low-income units.
(3)
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.
(4)
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. This standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.
B.
Accessibility requirements.
(1)
The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7, and the following.
(2)
Required features.
(a)
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 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;
[5]
If all of the foregoing requirements in Subsection B(2)(a)[1] through [4] cannot 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 B(2)(a)[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
[6]
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, or evidence that Westwood 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 Westwood'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 B(2)(a)[6][b] above shall be used by the Borough of Westwood for the sole purpose of making the adaptable entrance of an 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 to the construction official of the Borough of Westwood for the conversion of adaptable to accessible entrances.
[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 that the cost estimate of such conversion is reasonable, payment shall be made to the Borough's Affordable Housing Trust Fund in care of the Borough Treasurer who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.
(b)
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.
D.
Maximum rents and sales prices.
(1)
In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC, utilizing the most recently published regional weighted average of the uncapped Section 8 income limits published by HUD.
(2)
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 rental units shall be affordable to households earning no more than 52% of median income.
(3)
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, which very-low-income units shall be part of the low-income requirement.
(4)
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.
(5)
In determining the initial sales prices and rent levels 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:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to four-and-one-half-person household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
(6)
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:
(7)
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.
(8)
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 size household, 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.
(9)
Income limits for all units that are part of the Borough's Housing Element and Fair Share Plan, and 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, shall be updated by the Borough annually within 30 days of the publication of determinations of median income by HUD as follows:
(a)
The income limit for a moderate-income unit for a household of four shall be 80% of the HUD determination of the median income for COAH Region 1 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 median income for COAH Region 1 for a family of four. The income limit for a very-low-income unit for a household of four shall be 30% of the HUD determination of the median income for COAH Region 1 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 the previous year.
(10)
In establishing sale prices and rents of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC, utilizing the regional income limits established by the Council:
(a)
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 determined pursuant to Subsection D(9). In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.
(b)
The rents of very-low-, low- and moderate-income units may be increased annually based on the permitted percentage increase in the Housing Consumer Price Index for the Northern New Jersey Area, upon its publication for the prior calendar year. 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.
§ 195-193 Utilities.
A.
Affordable units shall utilize the same type of heating source as market units within an inclusionary development.
B.
Tenant-paid utilities included in the utility allowance shall be set forth in the lease and shall be consistent with the utility allowance approved by the NJDCA for its Section 8 program.
§ 195-194 Occupancy standards.
In referring certified households to specific restricted units, the administrative agent shall, to the extent feasible and without causing an undue delay in the occupancy of a unit, strive to:
§ 195-195 Control periods for restricted ownership units and enforcement mechanisms.
A.
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, and each restricted ownership unit shall remain subject to the requirements of this article for a period of at least 30 years, until Westwood takes action 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.
B.
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
C.
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 Borough's administrative agent, or an administrative agent appointed by a particular developer, 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.
D.
At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the Borough's administrative agent, or an administrative agent appointed by a particular developer, 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 restrictions set forth in this article, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price, and the recapture not shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
E.
The affordability controls set forth in this article shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
F.
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.
§ 195-196 Price restrictions for restricted ownership units, homeowner association fees and resale prices.
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 Borough's administrative agent, or an administrative agent appointed by a particular developer.
B.
The Borough's administrative agent, or an administrative agent appointed by a particular developer, 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, unless the master deed for the inclusionary project was executed prior to the enactment of UHAC.
D.
The owners of restricted ownership units may apply to the Borough's administrative agent, or an administrative agent appointed by a particular developer, to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.
§ 195-197 Buyer income eligibility.
A.
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.
B.
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 eligible monthly income.
§ 195-198 Limitations on indebtedness secured by ownership unit; subordination.
A.
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the Borough's administrative agent, or an administrative agent appointed by a particular developer, for a determination in writing that the proposed indebtedness complies with the provisions of this section, and the Borough's administrative agent, or an administrative agent appointed by a particular developer, shall issue such determination prior to the owner incurring such indebtedness.
B.
With the exception of first purchase money mortgages, 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 the unit, as such price is determined by the Borough's administrative agent, or an administrative agent appointed by a particular developer, in accordance with N.J.A.C. 5:80-26.6(b).
§ 195-199 Capital improvements to ownership units.
A.
The owners of restricted ownership units may apply to the Borough's administrative agent, or an administrative agent appointed by a particular developer, 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 add 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.
B.
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 Borough's administrative agent, or an administrative agent appointed by a particular developer, 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 Borough's administrative agent, or an administrative agent appointed by a particular developer. Unless otherwise approved by the Borough's administrative agent, or an administrative agent appointed by a particular developer, 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.
§ 195-200 Control periods for restricted rental units.
A.
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 article for a period of at least 30 years, until Westwood takes action to release the unit from such requirements. Prior to such action, a restricted rental unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
B.
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. A copy of the filed document shall be provided to the Borough's administrative agent within 30 days of the receipt of a certificate of occupancy.
C.
A restricted rental unit shall remain subject to the affordability controls of this article despite the occurrence of any of the following events:
§ 195-201 Rent restrictions for rental units; leases.
A.
A written lease shall be required for all restricted rental units 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 Borough's administrative agent, or an administrative agent appointed by a particular developer.
B.
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 Borough's administrative agent, or an administrative agent appointed by a particular developer.
C.
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 developer and/or landlord or to the Borough's administrative agent, or an administrative agent appointed by a particular developer. If the fees are paid to the Borough's administrative agent or an administrative agent appointed by a particular developer, they are to be applied to the costs of administering the controls applicable to the unit as set forth in this article.
D.
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 article.
§ 195-202 Tenant income eligibility.
A.
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:
(1)
Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of the regional median household income by household size.
(2)
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of the regional median household income by household size.
(3)
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of the regional median household income by household size.
B.
The Borough's administrative agent, or an administrative agent appointed by a particular developer, shall certify a household as eligible for a restricted rental unit when the household is a very-low-income household, 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:
(1)
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;
(2)
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;
(3)
The household is currently in substandard or overcrowded living conditions;
(4)
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
(5)
The household documents reliable anticipated third-party assistance from an outside source such as a family member in a form acceptable to the administrative agent and the owner of the unit.
§ 195-203 Municipal housing liaison.
A.
The position of municipal housing liaison (MHL) for the Borough of Westwood is established by this article. The Borough shall make the actual appointment of the MHL by means of a resolution.
(1)
The MHL must be either a full-time or part-time employee of Westwood.
(2)
The person appointed as the MHL must be reported to the court and thereafter posted on the Borough's website.
(3)
The MHL must meet all the requirements for qualifications, including initial and periodic training, if such training is made available by COAH or the DCA.
(4)
The municipal housing liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Westwood, including the following responsibilities which may not be contracted out to the administrative agent, or the administrative agent appointed by a specific developer:
(a)
Serving as the municipality's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households;
(b)
The implementation of the Affirmative Marketing Plan and affordability controls;
(c)
When applicable, supervising any contracting administrative agent;
(d)
Monitoring the status of all restricted units in the Borough's Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required;
(f)
Coordinating meetings with affordable housing providers and administrative agents, as applicable; and
(g)
Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Affordable Housing Professionals of New Jersey (AHPNJ), if such continuing education opportunities are made available by COAH or the DCA.
B.
Subject to the approval of the court, the Borough of Westwood shall designate one or more administrative agent(s) to administer and to affirmatively market the affordable units constructed in the Borough in accordance with UHAC and this article. 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 may be subject to approval of the court-appointed special master or 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 work of the administrative agent(s).
§ 195-204 Administrative agent.
An administrative agent may be either an independent entity serving under contract to and reporting to the Borough, or reporting to a specific individual developer. 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. The Borough administrative agent shall monitor and work with any individual administrative agents appointed by individual developers. The administrative agent(s) shall perform the duties and responsibilities of an administrative agent as set forth in UHAC, including those set forth in N.J.A.C. 5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof, which include:
A.
Affirmative marketing:
(1)
Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the Borough of Westwood and the provisions of N.J.A.C. 5:80-26.15; and
(2)
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.
B.
Household certification:
(1)
Soliciting, scheduling, conducting and following up on interviews with interested households;
(2)
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;
(3)
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
(4)
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.;
(5)
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;
(6)
Employing a random selection process as provided in the Affirmative Marketing Plan of the Borough of Westwood when referring households for certification to affordable units; and
(7)
Notifying the following entities of the availability of affordable housing units in the Borough of Westwood: Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, the Bergen County Branch of the NAACP, Senior Citizens United Community Services (S.C.U.C.S.), and the Supportive Housing Association.
C.
Affordability controls:
(1)
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;
(2)
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;
(3)
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 Bergen County Clerk's office after the termination of the affordability controls for each restricted unit;
(4)
Communicating with lenders regarding foreclosures; and
(5)
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
D.
Resales and re-rentals:
(1)
Instituting and maintaining an effective means of communicating information between owners and the Borough's administrative agent, or any administrative agent appointed by a specific developer, regarding the availability of restricted units for resale or re-rental; and
(2)
Instituting and maintaining an effective means of communicating information to low- (or very-low-) and moderate-income households regarding the availability of restricted units for resale or re-rental.
E.
Processing requests from unit owners:
(1)
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 article;
(2)
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;
(3)
Notifying the municipality of an owner's intent to sell a restricted unit; and
(4)
Making determinations on requests by owners of restricted units for hardship waivers.
F.
Enforcement:
(1)
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;
(2)
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 Borough's administrative agent, or any administrative agent appointed by a specific developer;
(3)
Posting annually, in all rental properties (including two-family homes), a notice as to the maximum permitted rent together with the telephone number of the Borough's administrative agent, or any administrative agent appointed by a specific developer, where complaints of excess rent or other charges can be made;
(4)
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;
(5)
Establishing a program for diverting unlawful rent payments to the Borough's Affordable Housing Trust Fund; and
(6)
Creating and publishing a written operating manual for each affordable housing program administered by the Borough's administrative agent, or any administrative agent appointed by a specific developer, to be approved by the Borough Council and the court, setting forth procedures for administering the affordability controls.
G.
Additional responsibilities:
(1)
The Borough's administrative agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
(2)
The Borough's administrative agent shall prepare monitoring reports for submission to the municipal housing liaison in time to meet the court-approved monitoring and reporting requirements in accordance with the deadlines set forth in this article. The Borough's administrative agent will be responsible for collecting monitoring information from any administrative agents appointed by specific developers.
(3)
The Borough's administrative agent, or any administrative agent appointed by a specific developer, shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing at least annually and more often as needed.
§ 195-205 Affirmative marketing requirements.
A.
The Borough of Westwood shall adopt by resolution an Affirmative Marketing Plan that is compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
B.
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 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 marketing activities toward Housing Region 1 and is required to be followed throughout the period of restriction.
C.
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.
D.
The Borough 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 Borough's administrative agent designated by the Borough of Westwood, or any administrative agent appointed by a specific developer, shall implement the Affirmative Marketing Plan to assure the affirmative marketing of all affordable units.
E.
In implementing the Affirmative Marketing Plan, the Borough's administrative agent, or any administrative agent appointed by a specific developer, 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.
F.
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 Borough's administrative agent, or any administrative agent appointed by a specific developer, shall consider the use of language translations where appropriate.
G.
The affirmative marketing process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy.
H.
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. Applications shall be mailed to prospective applicants upon request.
I.
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner.
§ 195-206 Enforcement of affordable housing regulations.
A.
Upon the occurrence of a breach of any of the regulations governing an 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, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
B.
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(s) against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(1)
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 adjudged 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:
(a)
A fine of not more than $2,000 per day or imprisonment for a period not to exceed 90 days, or both, provided that each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuation of the initial offense.
(b)
In the case of an owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Borough of Westwood Affordable Housing Trust Fund of the gross amount of rent illegally collected.
(c)
In the case of an owner who has rented a 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.
(2)
The municipality may file a court action in the Superior Court seeking a judgment that would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any such 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- or moderate-income unit.
(a)
The 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 his right to possession terminated as well as his title conveyed pursuant to the Sheriffs sale.
(b)
The proceeds of the Sheriffs 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 Sheriffs sale. In the event that the proceeds from the Sheriffs sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for the full 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.
(c)
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 Sheriffs 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 Sheriffs sale shall not be entitled to any right of redemption.
(d)
If there are no bidders at the Sheriffs 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.
(e)
Failure of the low- and moderate-income unit to be either sold at the Sheriffs 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.
(f)
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.
§ 195-207 Appeals.
Appeals from all decisions of an administrative agent appointed pursuant to this article shall be filed in writing with the Superior Court, or other agency as authorized by law.
§ 195-208 Housing Rehabilitation Program tax abatement.
[Added 11-22-2022 by Ord. No. 22-35]
All properties repaired under the Westwood Housing Rehabilitation Program shall be eligible for a tax abatement of up to $25,000 for exterior repairs to the home for a period of five years following the completion of the repairs.