In the B-1A Zone, upon granting site plan approval, the Planning Board shall require, as part of the applicant's plan, that the parking, landscaping, driveways and sidewalk requirements be met by complying with the overall plan as shown and described on the Township of Wyckoff, Central Business Triangle Streetscape Master Plan prepared by Vollmer Associates, dated October 1987, or as may be amended from time to time. The Township of Wyckoff, Central Business Triangle Streetscape Master Plan is amended by providing for a connection between the property known as Lot 9, Block 236 and Lots 1 and 2, Block 236, as depicted on the plan prepared by Lawrence Edler, P.E., Township Engineer, Township of Wyckoff, titled "Conceptual Plan, Interior Block Parking, Block 236, Lots 1-9", dated September 8, 1997 and revised October 1, 1997, December 8, 1997, and February 9, 1998, thereby creating ingress and egress to and from Lots 1 and 2, Block 236 to Lots 3 through 9, Block 236. Said Conceptual Plan is available for inspection at the Township Clerk's office, Memorial Town Hall, Scott Plaza, Wyckoff, New Jersey, during regular business hours. If, at the time of the approval, total compliance with that plan is not feasible, the applicant shall be required to provide a site plan which is consistent with the future implementation of the plan. Site plan approvals shall include a condition requiring future compliance by the applicant or any successor or future owners of the site, when required by the Planning Board or the Township Committee. All on-site improvements, as described in the plan, shall be completed at the expense of the applicant or successors in interest. Off-site improvements required to implement the plan shall be at the expense of the off-site owner or developer and/or the on-site developers, as determined by the Wyckoff Planning Board in accordance with the provisions of the Code of the Township of Wyckoff, Chapter 168, Subdivision and Site Plan Review, and §§ 186-14 through 186-17, as well as any other relevant provisions of the Code of the Township of Wyckoff. However, contiguous driveways and public rights-of-way abutting an applicant's property shall be considered on-site only for the purposes of this subsection. If required by the Planning Board and/or Township Committee, the developer, property owner or applicant shall relocate or remove parking spaces, driveways, landscaping and sidewalks, as well as handicapped parking spaces, and shall remove any existing structures, such as garages, sheds or accessory structures necessary to implement the parking plan.

The Planning Board shall have the right to have individual site plans reviewed by appropriate experts retained by the Planning Board, so as to ensure compliance with the overall plan described hereto. The cost of such expert's review shall be paid by the developer, applicant or property owner as a condition of site plan approval, in accordance with applicable law.

All the rights, obligations and requirements pursuant to this section and all other sections of this chapter applicable to the Township of Wyckoff, Central Business Triangle Streetscape Master Plan, prepared by Volmer Associates, dated October 1987, or as may be amended from time to time, shall apply to all lots on the Plan, including those lots now designated in the B-1 Zone, known on the Tax Assessment Map of the Township of Wyckoff as Lots 1, 2, and 3 in Block 239; Lot 1 in Block 242; Lots 7 and 8 in Block 238; Lots 5 and 6 in Block 241; Lots 4, 5, 6, 7, 8.01, 10 and 1 in Block 240; Lots 6, 7, 8, 9, and 1.01 in Block 236; Lots 8, 7.01, 5.01, and 1.01 in Block 225, and, therefore, such lots shall be required to comply with all obligations of the Interior Block Parking Plan regardless of their rezoning to the B-1 Zone.

The layout of the site with respect to the arrangement and width of driveways and walkways shall be reviewed by the Planning Board from the standpoint of safety, and all entrances and exits shall be at least 30 feet from any street intersection and not more than 25 feet in width.

A landscaped buffer strip shall be provided between adjacent residential property in order to insulate and screen said residential property. See definition of "buffer strip."

The site shall otherwise be arranged so as to result in a minimum of disturbance to adjacent residential uses.

Except as provided in Subsection D(3) hereafter, in any residential zone, one nonilluminated sign advertising the prospective sale or rental of the premises on which it is located, not exceeding four square feet in area, either attached to the wall of the building or, if a ground sign, set back 10 feet from the edge of the pavement, but in no event within five feet of any sidewalk or curb of any street, and provided that it shall be maintained and removed within two days after the closing of sale or execution of a lease for the premises.

A sign erection permit for the sale or rental of the premises pursuant to this section shall be valid for 90 days. Upon the expiration of such 90 days, the applicant shall be required to apply for an extension of such permit. Each extension granted shall be for a period of 90 days, and an applicant shall have the right to apply for an unlimited number of extensions. The granting of any extension shall not relieve the applicant from its obligation to remove any sign pursuant to Subsection D(1)(a) above.

Real estate open-house sign. 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, which shall be subject to the size and setback restrictions contained in Subsection D(1)(a) above. Only one open-house sign will be permitted on the property for sale, and it shall be placed no sooner than one hour before the beginning of a scheduled open house and removed on the same day, immediately upon its conclusion. There shall be no fee required for open-house signs.

In B-1A Zone, one square foot of surface display area for each foot of the building width of the retail or service establishment, with a maximum surface display area of 40 square feet.

In B-1, B-2 and B-3 Zones, two square feet of surface display area for each foot of the building width of the retail or service establishment, with a maximum surface display area of 40 square feet.

In the B-1A Zone, for retail and service establishments, there shall be permitted an additional facade sign on a building located on a lot which is currently part of an interior block parking plan. The additional sign shall only be located on the facade of the building which faces the interior block parking lot. The size of said additional sign shall conform to the requirements set forth in § 186-28F(1)(a).

Fences and freestanding walls may abut property lines without any setback required. Retaining walls may abut the front property line only without any setback required.

The exposed face of retaining walls shall be set back from any side or rear lot line a horizontal distance not less than one foot for each foot of the retaining wall.

In the case of multiple retaining walls, the exposed face of each wall shall be set back from the exposed face of each other wall a horizontal distance not less than one foot for each foot of height of the higher retaining wall. In the case of walls of varying height, the setback at any point shall be based upon the height of the wall at the same point.

For purposes of determining the required minimum setback, the height of any fence or other barrier located at the top of a retaining wall shall be included within the height of the retaining wall unless such fence or other barrier is set back from the face of the wall a horizontal distance not less than one foot for each foot of height of the barrier or the retaining wall, whichever is greater.

The height of fences located in rear or side yards shall not exceed six feet above the normal grade.

The height of freestanding walls shall not exceed four feet above normal grade.

The height of retaining walls shall not exceed four feet above the normal grade. In the case of multiple retaining walls, the height of any individual wall shall not exceed four feet, and the total height of all walls combined shall not exceed 12 feet within a horizontal distance of 20 feet.

In determining the height of fences, freestanding walls and retaining walls, the following shall apply:

The Township Engineer shall determine the appropriate site distance in each case and shall take into account the horizontal alignment of traveled ways, topographical conditions, the normal speed of travel, the presence of existing visual obstructions and other such characteristics that they may deem appropriate.

Notwithstanding the permitted height, location and design of fences, freestanding walls and retaining walls set forth in this chapter and in other regulations, the Township Engineer may require more stringent requirements as may be necessary to ensure safe sight distance.

In the event that both sides of a fence or freestanding wall are not identical, the finished or preferred side shall be required to face the street and/or abutting properties, as applicable. The finished or preferred side shall be that side which best conceals the fence posts, rails and other supporting parts and/or which is painted, stained or otherwise treated when only one such side is so treated.

Walls shall not be faced with poured concrete, concrete block or cinder block unless the same is textured to simulate natural stone or split face block.

Fences located within the front yard shall not be more than 50% solid and shall not be more than six inches thick. The measurement of solidity shall be made perpendicular to the side of the fence. Split rail fences which include chicken wire and/or mesh-type wire and chain link and/or similar style fences shall not be permitted in the front yard.

Freestanding walls and/or retaining walls which are greater than two feet in height shall require the design of a professional engineer.

Fences and walls which present a danger or hazard to the public welfare, including but not limited to fences or walls which are electrified or contain razor wire, barbed wire or other sharp edges, are hereby prohibited.

No fence shall be installed within the right-of-way granted or obtained by the Township of Wyckoff.

Distance from curb of public or private street, access drive or parking area to front or rear of dwelling unit or dwelling unit group: 35 feet minimum, 50 feet maximum, to the front of the dwelling.

Distance between side walls of detached dwelling units: 20 feet.

Distance between side walls of groups of attached dwelling units: 30 feet.

Distance between rear walls of dwelling units or dwelling unit groups or between a rear wall and a side wall: 50 feet.

Distance from curb of a public or private street, access drive or parking area to side of dwelling unit or dwelling unit group: 20 feet.

Distance from any dwelling unit or dwelling unit group to any recreation center building, community building or any other accessory building which is a part of the development: 50 feet.

Each lot shall have a minimum frontage of 24 feet on an approved street or shall have access of not more than 50 feet from a public or private road or parking area available to emergency and service vehicles.

Minimum habitable floor area for occupancy in dwelling units containing one bedroom shall be not less than 598 square feet, and in dwelling units containing two bedrooms or more, not less than 771 square feet.

Maximum building height: two stories, 35 feet.

Maximum coverage of entire development: 20%.

Minimum lot size: one acre.

Minimum front yard setback: 40 feet.

Minimum rear yard setback: 40 feet.

Minimum side yard setback: 40 feet.

Communications towers are permitted only on property owned or leased by the Township of Wyckoff.

The Township of Wyckoff must consent to its property being used for a communications tower.

All communications towers shall be suitably secured. Chain fencing shall be required.

Site plan approval by the Township of Wyckoff Planning Board shall be required.

In the event that such communications towers are abandoned or not operated for a period of one year, the same shall be removed, at the option of the Township of Wyckoff at the sole expense of the operator.

Site lighting shall be oriented inward toward the site to ward off-site impact.

Any access to a communications tower shall conform to the driveway provisions of the Code of the Township of Wyckoff.

Site clearing shall be minimized to preclude the removal of vegetation beyond that necessary to install and maintain the facility.

There are appropriate access facilities adequate for the estimated traffic from public streets, sidewalks so as to assure public safety and avoid traffic congestion, and the entrances and exits shall be clearly visible from the street and not within 75 feet of a street intersection.

There are fully adequate parking areas and the layout of such areas and interior driveways is convenient and conducive to safe operation.

Suitable provision is made for planting as may be otherwise required by this chapter.

There shall be no unshielded lights and outside lighting shall not shine directly upon any abutting property.

No part of the automobile service station is within 300 feet of a school, hospital, church, theater, library or other place of public assembly or a residence zone.

No part of any entrance or exit is within 1,500 feet of an existing automobile service station.

No part of any fuel pump or gasoline storage tank shall be within 30 feet of any street line or 40 feet of any property line.

On any premises upon which a gasoline service station is located, all services or repairs to or for motor vehicles other than such minor items as changing and filling tires, or the sale of gasoline or oil, shall be conducted within confines of a building. All mechanical devices and equipment used in connection therewith shall be used indoors.

No gasoline service station operator or property owner shall permit, suffer or allow its premises to be used, hired or rented for the outdoor storage or parking of licensed vehicles which have been temporarily left in the custody of the operator of the gasoline service station for service or repair, nor for overnight storage or parking of any unlicensed or unregistered vehicles under any circumstances.

There shall be no display or storage of materials, merchandise, supplies or accessory equipment except for the outdoor storage of lubricants in sealed containers or new tires 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.

The storage or sale outside of a building of motor vehicles or dismantled parts of same shall not be construed as a permitted accessory use incidental to a motor vehicle service station.

The design of structures and facilities shall conform to the general design characteristics of the neighborhood in which they are to be located so that the facilities or structures will not adversely affect the safe and comfortable enjoyment of property rights in the zone in which the structures and facilities are to be located or adversely affect property values.

Adequate and attractive fences or other safety devices shall be installed and maintained where deemed necessary by the Planning Board.

Adequate and attractive landscaping and buffer strips shall be provided where deemed necessary by the Planning Board.

Lot areas shall conform to the lot size requirements of the zone in which such facilities are located.

Setback, side line, lot coverage requirements, etc., of the particular zone involved shall also be deemed minimum requirements for public utility uses.

These provisions shall apply only to facilities and structures listed above and are not intended to prohibit the installation of customary transmission lines and incidental equipment customarily attached to systems of poles, wire, conduits and underground pipes serving the area.

A map showing the exact location, exterior boundaries and legal description of the property which is proposed to be used for a cemetery and showing the location of all buildings, whether public or private, located within a distance of 500 feet from the exterior boundaries of said premises and the location and depths of all wells in said area. The map shall show the location and names of all streets located within said distance. The map shall also show the level above sea level of the highest point and lowest point of said premises and the width and depth of all natural watercourses or drains located upon said premises or within 500 feet from the exterior boundary thereof.

A financial statement showing the financial ability of the applicant to establish, care for and maintain the proposed cemetery in such a manner as to prevent the same from becoming a public nuisance.

A statement setting forth whether said cemetery is to be established as a perpetual care or nonperpetual care cemetery, and if a perpetual care fund is to be or has been created, the amount then on hand and the method, scheme or plan of continuing and adding to the same in full detail sufficient to show that said cemetery will be maintained so as not to become a public nuisance.

The establishment or maintenance of a proposed cemetery or the extension of an existing cemetery will or may jeopardize or adversely affect the public health, safety, comfort or welfare.

Such establishment, maintenance or extension will or may reasonably be expected to be a public nuisance.

The locality is or will in all probability be so densely populated within a period of five years as to make such an establishment, maintenance or extension undesirable for health reasons.

Such establishment, maintenance or extension will tend to interfere with the free movement of traffic or with the proper protection of the public through interference with the movement of police, ambulance or fire equipment and thus interfere with the convenience of the public or protection of the lives and protection of the public.

The applicant, through the proposed perpetual care fund or otherwise, cannot demonstrate adequate ability to establish and maintain the proposed cemetery so as to prevent the proposed cemetery from becoming a public nuisance.

Minimum area: 25 acres.

Minimum setbacks.

Permitted accessory buildings and uses: uses and buildings on the same lot and customarily incidental to the operation of the cemetery, such as chapel, living quarters for a caretaker, storage for maintenance equipment and similar buildings and uses.

Access roads. Access roads may be permitted every 200 feet, with a maximum of two access roads on any one public street. Any intersections of an access road with a public street shall be at least 150 feet from any existing or proposed street intersection. Access roads shall be at least 50 feet from any other than a street line.

Drainage. Drainage shall be directly into a natural stream or drainage ditch and such plans shall be subject to approval by the Planning Board.

Signs. A maximum of two identification signs may be permitted along any one public street. Signs shall be no larger than 12 square feet in area and shall be at least 20 feet from any street line. Directional and safety signs erected on the premises shall each be limited to two square feet in area and shall be erected at least 20 feet from any street line.

Grave stones or markers shall be flat against the ground and shall not extend more than six inches above the ground.

This subsection shall govern the location, installation or construction of all conventional television and radio antennas and satellite antennas.

Whenever the height or other standards and restrictions of this subsection conflict with other standards and restrictions of the Township Code as applied to a particular antenna, the standards and restrictions set out in this subsection shall control as to that particular antenna.

The purpose of this subsection is to further the health, safety and welfare of the citizens of the Township. More specifically, the Council finds that the uncontrolled proliferation of certain receive-only antennas is likely and that this will adversely affect the health, safety and general welfare of the Township. Among other things, reasonable controls contribute to the good appearance of the Township, stabilize and even increase property values, assure the safety of the owner and others and, in general, contribute to the preservation of a pleasant community in which to work and live.

This subsection is intended to comply fully with the report and order of the Federal Communications Commission released January 14, 1986, (FCC 86-28) to the extent that the report and order validly preempts local zoning regulations deemed unduly restrictive with respect to satellite receiving antennas. The Township hereby determines that the bulk and visual impact of such antennas create safety and aesthetic problems making it appropriate to have some special reasonable limitations as to size and placement thereof. Notwithstanding any provision to the contrary, this subsection shall be construed and administered so as not to unduly hamper reasonably satisfactory reception of satellite signals, nor shall this subsection impose costs disproportionate to the cost or value of the antenna equipment and installation.

No conventional television or radio antenna or satellite antenna may be placed in the front yard of any lot in the Township. A corner lot shall be deemed to have a front yard facing each street.

A ground-mounted conventional television or radio antenna shall be placed on a lot only in the rear yard.

A satellite antenna shall be placed on a lot only in the rear yard; provided, however, that on a clear and convincing showing by an applicant that a reasonably satisfactory signal cannot be obtained from a rear yard location, the Planning Board may permit the antenna to be located in the side yard, and if such a signal cannot be obtained in either the rear or side yard, the Planning Board may permit the antenna to be located on the roof of any main or accessory building on the lot.

All ground-mounted conventional television and radio receiving antennas and satellite antennas shall not be closer to the rear line than the distance equal to either the height of said antenna or the rear yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.

All ground-mounted conventional television and radio-receiving antennas and satellite antennas shall not be closer to the side yard property line than a distance equal to the diameter of said antenna or side yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.

No ground-mounted conventional receiving antenna or satellite antenna shall be erected on a public utility easement.

In nonresidential zones, conventional television and radio antennas and satellite antennas may be mounted on the roof or rear side of the principal structure or may be mounted on the ground in the rear yard. When mounted on the ground, the overall height from the rear ground level to the lowest point of the antenna shall not exceed two feet. When mounted on the roof or rear side of the building, the maximum height shall be nine feet six inches above the elevation of the roof. The antenna may be used only for occupants of the building located on the property. There must be an existing structure on the lot. The ability of the applicant to install a satellite dish antenna in an unobtrusive location and to minimize the visual and noise impact on neighboring properties shall be a major factor in determining whether or not a permit is issued. All applications must be accompanied by a mounting detail prepared, signed and sealed by a New Jersey professional engineer with a statement that the proposed installation complies with the requirements of the Uniform Construction Codes.[7] The maximum diameter of any satellite dish antenna located in nonresidential zones shall be eight feet, If roof-mounted, any such satellite dish antenna shall be painted to match the color of the exterior of the building. In addition thereto, an applicant must obtain a building permit and an electrical permit following Planning Board approval of the conditional use.

No ground-mounted satellite antenna shall exceed 12 feet in height, as measured from the ground level at the foundation of the principal structure to the highest point of the antenna.

No roof-mounted satellite antenna may extend above the roofline more than three feet. However, upon showing that such a roof-mounted antenna will not receive adequate reception under the restrictions of this subsection, the minimum height necessary for reasonably satisfactory reception may be allowed.

The diameter of satellite antennas shall not exceed 12 feet.

No lot shall have more than one satellite antenna.

The color of any ground-mounted satellite antenna shall be dark brown, black or forest green. Any roof-mounted antenna, including any mounting structure, shall match the color of the existing roofing material. The color of the antenna and any mounting structure shall be changed to match any subsequent color change of the roofing materials. Any other satellite antenna shall be of a color that blends into its surroundings. No lighting or illumination of said satellite antenna shall be permitted.

All ground-mounted conventional television and radio antennas and satellite antennas shall be effectively screened by a year-round planting screen or fence, as approved by the Planning Board, which shall be installed and maintained in such condition, so that said antenna shall not be visible at any time from any adjacent property or public street. Notwithstanding any provision of this subsection to the contrary, said screening shall not unduly interfere with the reception capabilities of the antenna. If a planting is required by the Board, the screening materials shall be of evergreen type. The screening shall be planted or, if a fence, shall be installed, as required by the conditional use approval not later than 30 days after the placement of the antenna, unless otherwise approved by the Planning Board.

All roof-mounted satellite antennas shall be concealed from ground level view either by a parapet wall or by exterior architectural material. The cost of such wall or architectural material shall not be disproportionate to the cost or value of the antenna equipment and its installation.

All television and radio antennas shall be erected in a secure, weather-resistant manner.

All wiring necessary for the use of the antenna between any ground-mounted antenna and a building or between the building on which the antenna is located and any other building on the lot shall be buried underground.

Neither a building permit nor Planning Board or Zoning Board of Adjustment approval shall be required for the construction, erection or alteration of a satellite earth station.

A satellite earth station shall be safely constructed and mounted.

A satellite earth station shall not be placed on the ground in the front yard of any lot. A corner lot shall be deemed to have a front yard facing each street. A satellite earth station placed on the ground shall be placed in the rear yard of a single-family dwelling and shall not violate the yard and setback requirements of the main building. The requirements of this section shall not impose unreasonable limitations on or prevent reception of satellite delivered signals by a satellite earth station or impose costs on the users that are excessive in light of the purchase and installation cost of the equipment.

A ground-mounted satellite earth station shall be screened so as to minimize visibility from public streets and adjoining properties. Screening shall be accomplished by the installation of landscaping and/or fencing or in the form of a wall or structure enclosing the satellite earth station, but not intended to impair the maintenance, installation or use of a satellite earth station. Any walls or structures shall be constructed to be consistent with the surrounding site characteristics. The requirements of this section shall not impose unreasonable limitations on, or prevent, reception of satellite-delivered signals by a satellite earth station or to impose costs on the users of such satellite earth stations that are excessive in light of the purchase and installation cost of the equipment. Such satellite earth stations, appurtenances, landscaping and fencing shall be kept and maintained in good condition.

No satellite earth station shall be erected on a public utility easement without the consent of the easement holder.

A satellite earth station may not be used as a sign.

All wiring or connecting cables from a ground-mounted satellite earth station to any building on the lot shall be buried underground at a depth of at least 18 inches.

A satellite earth station may only be used for occupants of a building on the property.

When the use of a satellite earth station is abandoned, it shall be removed from the property.

A satellite earth station may not be mounted on a portable or movable structure or on a structure capable of being portable or movable.

When mounted on the ground, the overall height from the surrounding ground level to the lowest point of the satellite earth station shall not exceed two feet, except in instances where additional clearance is needed to satisfactorily receive signals. No ground-mounted satellite earth station shall exceed six feet in height, as measured from the ground level at the foundation of the principal structure to the highest point of the antenna.

Roof-mounted satellite earth stations.

A satellite earth station shall be located only upon property within the exclusive use or control of the satellite earth station user, which shall include condominium owners, cooperative owners, townhouse owners and tenants of rental property, where the satellite earth station user has an ownership or leasehold interest in the property.

The color of a satellite earth station shall be solid, dark, nonmetallic, nonglossy black or light to medium gray or white.

Before erecting a commercial antenna, conditional use approval and site plan approval must be obtained from the Planning Board of the Township of Wyckoff.

A commercial antenna is to be located only on the rooftop of an existing business, industrial or office building or a building within which exists a mixed use of a commercial use and no more than two residential dwelling units.

No commercial antenna shall be located upon a single-family dwelling or two-family dwelling.

A commercial antenna, including any apparatus to which it is attached, shall not exceed more than six feet in height and shall not extend more than the maximum building height for the zone wherein the building is located.

A commercial antenna must comply with all applicable FCC and FAA regulations.

Application for a conditional use under this subsection shall also be subject to the procedures and requirements of Chapter 186, Article VI, § 186-36A(1) and (2) of the Code of the Township of Wyckoff, except as modified in this subsection.

In granting a conditional use under this subsection, 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 commercial antenna on the adjoining properties.

Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

An applicant for a conditional use under this subsection shall submit the information described in this subsection and a nonrefundable application fee and an escrow deposit as required by the Code of the Township of Wyckoff for conditional use applications.

Any equipment used in association with a commercial antenna mounted on a rooftop shall only be located within the building upon which the commercial antenna is located under the following conditions:

The applicant must present a certification of a professional engineer or other individual deemed qualified by the Zoning Officer that no other solar energy system array on the property other than a front-facing solar array will generate an SPR of at least one. The professional engineer's certification must include the SPR calculation for each roof plane on which a solar energy system array could be erected; and

Solar panels must be flush mounted to the roof; and

No wiring, cables, conduits or related equipment may travel from the roof to any front façade of the structure; and

No solar panels may be located on street-facing roof planes or street-facing facades on any principal or accessory structure that has been designated as a historic structure pursuant to Wyckoff's Historic Preservation Ordinance.[1]

An applicant may appeal a denial of the Building Department to allow solar panels on a front roof to the Zoning Board of Adjustment.