It is recognized that certain uses, activities
and structures may be necessary to serve the needs and convenience
of the public. However, it is also recognized that such uses may be
inimical to the public health, safety and general welfare if their
location and/or the nature of their operation does not comply with
the conditions and standards for the location and operation of such
use as contained in this chapter. Such uses are designated as conditional
uses. The Planning Board shall hear requests for conditional uses
and, in making its determination, utilize the following terms, conditions
and guiding principles:
A.
Such use is authorized as a conditional use on the
Schedule of District Use Regulations.[1]
[1]
Editor's Note: Schedule I, Schedule of District Use Regulations, is included at the end of this chapter.
B.
The proposed design, arrangement and nature of the
conditional use shall be such that the public health, safety and general
welfare will be protected and reasonable consideration afforded to:
C.
The Planning Board shall, before granting a conditional use, make a finding that the conditional use applied for will, in the opinion of the Planning Board, meet the minimum standards specified in § 300-38 and comply with such additional conditions and safeguards as, in the opinion of the Planning Board, will tend to carry out the purposes of this chapter.
A.
Proof shall be submitted to the Planning Board that
such installation cannot be located in a nonresidential district when
such public utility installation is proposed in a residential district
and is therefore necessary for the satisfactory provision of service
by the utility to the neighborhood or area in which located.
B.
Any building in connection with such facility shall
conform to the general character of the area.
C.
Adequate fences and safety devices shall be provided.
D.
Landscaping and screening shall be provided and shall
be maintained.
There shall be provided on-site reservoir space
for at least 12 vehicles per drive-in teller window.
No public garage shall be located and no building
shall be used, erected, constructed or altered for use as a public
garage which shall have an entrance or exit closer than 200 feet to
a public school, public library, church, theater, hospital, playground
or other public gathering place or fire station.
A.
ADULT BOOKSTORE
ADULT ENTERTAINMENT ESTABLISHMENT
ADULT NOVELTY SHOP
BOTTOMLESS
DANCING
DAY-CARE CENTER
EATING AND DRINKING ESTABLISHMENTS
PERSON
SCHOOL
SEXUALLY ORIENTED BUSINESS
(1)
(2)
SPECIFIED ANATOMICAL AREA
SPECIFIED SEXUAL ACTIVITY
TOPLESS
Definitions. For the purpose of this section, the
following definitions are established:
A commercial establishment that, as one of its principal
business purposes, offers for sale or rental books, magazines, photographs,
newspapers, pictures or periodicals that exploit parts of the anatomy
for sexually explicit purposes or in a sexually explicit manner.
Any adult bookstore, novelty shop or any other business or
commercial entity dealing predominantly with sexually explicit acts
or material or sexually explicit dancing, including, but not by way
of limitation, dancing commonly referred to as "go-go" dancing.
Any business that offers for sale or rent devices, implements
and other sexual paraphernalia which is designed to sexually stimulate.
Having the genital area beneath the waist unclothed or clothed
by a transparent material.
To engage in or perform a dance; perform or take part in
a dance as a dancer; social gathering for dancing.
A facility providing child care which is duly licensed by
the State of New Jersey.
Buildings or structures designed or used in which food or
beverages, whether alcoholic or nonalcoholic, are sold and consumed
principally within the confines of the building on the premises.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A public or private educational facility licensed by the
State of New Jersey, providing educational instruction to students
from prekindergarten through K-12.
A commercial establishment which, as one of
its principal business purposes, offers for sale, rental or display
any of the following: books, magazines, periodicals or other printed
material or photographs, films, motion pictures, video cassettes,
slides or other visual representations which depict or describe a
specified sexual activity or specified anatomical area; or still or
motion machines, projectors or other image-producing devices, where
the images so displayed are characterized by the depiction of a specified
sexual activity or specified anatomical area or instruments, devices
or paraphernalia which are designed for use in connection with a specified
sexual activity; or
A commercial establishment which regularly features
waiters, waitresses, dancers or other live performances characterized
by the exposure of a specified anatomical area or by a specified sexual
activity or which regularly shows films, motion pictures, video cassettes,
slides or other photographic representations which depict or describe
a specified sexual activity or specified anatomical area.
The fondling or other erotic touching of covered or uncovered
human genitals, pubic region, buttocks or female breast; or any actual
or simulated act of human masturbation, sexual intercourse or deviant
sexual intercourse.
Having the breasts unclothed or covered by a transparent
material.
B.
Adult entertainment and sexually oriented businesses,
as heretofore defined, shall be a permitted conditional use in the
following sections of the M-1 Zone and expressly subject to the conditions
as set forth below each delineated area:
(1)
Those portions of Route 46 in the Borough of Palisades
Park located in the M-1 Zone, subject to the following restrictions:
(a)
The premises in question must be located in
an M-1 Zone.
(b)
The property and the structures lawfully existing
thereon must not be within 1,000 feet of a church and/or house of
worship, as defined herein.
(c)
The property and the structures lawfully existing
thereon must not be within 1,000 feet of a day-care center, as defined
herein.
(d)
The property and the structures lawfully existing
thereon must not be within 1,000 feet of a school, as defined herein.
(e)
A parcel to be used and occupied for adult entertainment
shall not adjoin, abut nor be located within 100 feet of a residential
zone or a residentially developed parcel of land.
(f)
The premises and all other structures lawfully
thereon must in all other respects comply with the zoning requirements
for the M-1 District, as established by the Zoning Ordinance of the
Borough of Palisades Park, except that the parking requirements shall
be determined in accordance with the Zoning Ordinance of the Borough
of Palisades Park, as made applicable to the use of eating and drinking
establishments as set forth therein, or have one parking space for
each 100 square feet of premises used for the purposes described in
this section of this chapter, whichever is greater.
(g)
The applicant shall be required to obtain site
plan approval from the Planning Board of the Borough of Palisades
Park prior to allowing the use of dancing and/or adult entertainment
to take place at the premises.
(h)
Minimum street frontage. The conditional use
of adult entertainment as contemplated herein shall only be allowed
if the premises in question has a minimum of 275 feet of road frontage
on Route 46 in the M-1 Zone.
(2)
The west side of Commercial Avenue running between
West Edsall Boulevard and West Central Boulevard located in the M-1
Zone:
(a)
The premises in question must be located in
an M-1 Zone.
(b)
Parking must be provided by the applicant, based
upon one parking space for each 100 square feet of premises utilized
for adult entertainment, as heretofore defined, or parking applicable
to an eating and drinking establishment, whichever is greater.
(c)
A parcel to be used and occupied for adult entertainment
shall not adjoin, abut nor be located within 100 feet of a residential
zone or residentially developed property.
(d)
No business shall be within 1,000 feet of a
church, school or child-care center.
(e)
Minimum street frontage. The conditional use
of adult entertainment as contemplated herein shall only be allowed
if the premises in question has a minimum of 150 feet of road frontage
on Commercial Avenue in the M-1 Zone.
C.
Prohibited uses.
(1)
It shall be unlawful for any person, corporation or
association of persons of any kind to permit or employ a person in
any place open to the public and/or establishment to which the public
is invited within the limits of the Borough of Palisades Park to perform
the following:
(2)
It shall be unlawful for any female person to exhibit
herself topless or bottomless within the limits of the Borough of
Palisades Park in any public place or any place open to the public
or to which the public is invited.
(3)
It shall be unlawful for any male person to exhibit
himself bottomless within the limits of the Borough of Palisades Park
in any public place or in any place open to the public or to which
the public is invited.
(4)
No person shall engage in or allow, permit or suffer
any person to appear on the premises of any establishment to which
the public is invited or which is open to the public to perform any
scene, sketch or any other form of entertainment including dancing,
for the benefit of the patrons, with breasts or the lower parts of
the torso uncovered or so thinly covered or draped so as to appear
uncovered.
(5)
No person shall allow, employ, permit or suffer any
waitress, barmaid or any other person who comes in contact with or
who is likely to come in contact with the patrons of any establishment
open to the public to appear in the presence of such patrons with
breasts or the lower part of the torso uncovered or so thinly covered
or draped so as to appear uncovered.
D.
Violations and penalties. The creation, maintenance
or use of any premises other than in accordance with the provisions
of this section shall constitute a violation of this section and shall
be punishable by a fine of up to $500 per day.
[Added 6-20-2000 by Ord. No. 1353]
A.
Establishments which have as their primary purpose
the playing of pool, video or arcade games, bowling or movie theater
or other centers for the entertainment of the public shall be a permitted
conditional use in the M-1 Zone and expressly subject to the conditions
as set forth in said area and shall not be permitted as a primary
use in any other zone of the Borough.
B.
Location, parking and approval.
(1)
The premises in question must be located in
an M-1 Zone.
(2)
The lot must not be within 100 feet of a church
and/or house of worship.
(3)
The lot must not be within 100 feet of a day-care
center.
(4)
The lot must not be within 100 feet of a school.
(5)
A parcel to be used and occupied for adult entertainment
shall not adjoin, abut nor be located within 100 feet of a residential
zone or a residentially developed parcel of land.
(6)
The premises and all other structures lawfully
thereon must in all other respects comply with the zoning requirements
for the M-1 District, as established by the Zoning Ordinance of the
Borough of Palisades Park, except that the parking requirements shall
be determined in accordance with the Zoning Ordinance of the Borough
of Palisades Park, as made applicable to the use of eating and drinking
establishments as set forth therein, or have one parking space for
each 100 square feet of premises used for the purposes described in
this section of this chapter, whichever is greater.
(7)
Site plan approval must be obtained from the
Planning Board.
C.
In addition to any other remedy for violation of this section, the general penalty provision of § 1-15 of the Code of the Borough of Palisades Park shall be applicable.
D.
A pool hall, billiard room or pool parlor includes
any club, room, place, premises, store or establishment in which more
than one pool table or billiard table shall be established, operated
or maintained for the purpose of gain or profit by any person.
[Added 8-8-2016 by Ord.
No. 2016-13]
A.
Purpose. The purpose of this section is to:
(1)
Implement the New Jersey Pawnbroking Law;
(2)
Establish procedures for the licensing and operation of pawnbrokers
and dealers in secondhand goods, in accordance with the Pawnbroking
Law, through the implementation of a standard body of uniform policies
and recordkeeping requirements to which each business governed by
this chapter shall abide;
(3)
Allow local, regional and state law enforcement authorities
to track, monitor and share information regarding secondhand merchandise
bought, sold and exchanged, including monies lent through pawnbrokers
doing business in the Borough of Palisades Park;
(4)
Facilitate the prevention of fraud, impositions and other abuses
upon the citizens of the Borough of Palisades Park; and
(5)
Ensure the difficulty of disposing of stolen property and aid
in the recovery of stolen property.
B.
Establishments that have as their primary purpose of a licensed pawnbroker
or licensed secondhand dealer, as defined below, shall be a permitted
conditional use in the M-1 Zone and are expressly subject to the conditions
as set forth in said area and shall not be permitted as a primary
use in any other zone of the Borough of Palisades Park.
C.
ACCEPTABLE IDENTIFICATION
ANTIQUE DEALER
ANTIQUE or ANTIQUES
BUSINESS ENTITY
DEALER
GARAGE SALE
ITINERANT BUSINESS
PAWNBROKER
PAWNBROKING LAW
PRECIOUS METALS
SECONDHAND DEALER or DEALER IN SECONDHAND GOODS
(1)
(2)
SECONDHAND GOODS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A current valid New Jersey driver's license or identification
card, a current valid photo driver's license by another U.S. state,
a valid United States passport, or other verifiable U.S. government-issued
identification, which will be recorded on receipt retained by the
dealer and subsequently forwarded to the local police department on
request.
Any person, partnership, firm, association or corporation,
other than a licensed pawnbroker or licensed secondhand dealer, having
a place of business in the Borough of Palisades Park for the purposes
of purchasing, trading or dealing in antiques or primitives and who
derives 75% of his or her gross sales from the sale of antiques or
primitives.
One or more old and valuable art object or item no longer
in production that is at least 50 years old. The term "antique" or
"antiques" shall also mean "primitive."
Any and all forms of business organization operating pursuant
to law, but not limited to entities designated and/or operating as
a partnership, limited-liability company, corporation, "S" corporation,
association or firm. The term "business entity" includes a foreign
business or business formed under the laws of another state which
business is authorized by the State of New Jersey Division of Revenue
to conduct business within this state and, at all times, is in good
standing with the New Jersey Division of Revenue. Foreign businesses
include all forms of business entity recognized in the foreign jurisdiction,
including any form of business entity not otherwise recognized by
the State of New Jersey, such as, without limitation, a limited-liability
partnership.
Any person, partnership, limited-liability company, corporation
or other entity who, either wholly or in part, engages in or operates
any of the following trades or businesses: the buying for purposes
of resale of precious metals, jewelry, or other secondhand goods as
defined herein; pawnbrokers as defined herein; itinerant businesses
as defined herein. For the purposes of this section, transient buyers,
as defined herein, are subject to the same licensing and reporting
requirements as any other dealers.
The sale of used personal property by the lawful residents
of a residentially zoned property that is not conducted on a periodic
or ongoing basis. A garage sale shall be deemed to be periodic or
ongoing if a garage sale is held by a lawful resident or residentially
zoned property more than three days in any consecutive ninety-day
period.
A dealer who conducts business intermittently within the
Borough or at varying locations.
Any person, partnership, firm, association, corporation or
other business entity lending money on deposit or pledge of personal
property, other than choses in action, securities or printed evidences
of indebtedness; or purchasing personal property on condition of selling
it back at a stipulated price; or doing business as furniture storage
warehouseman and lending money on goods, wares or merchandise pledged
or deposited as collateral security. For purposes of this chapter,
the term "pawnbroker" shall include any secondhand dealer who also
operates as a pawnbroker or undertakes any action or conduct which
includes the business of a pawnbroker as defined in the Pawnbroking
Law.
The New Jersey statute and implementing regulations N.J.S.A.
45:22-1 et seq., and N.J.A.C. 3:16-1.1 et seq., respectively, and
any and all amendments thereto, which govern and regulate pawnshop
businesses and pawnbrokers operating within the State of New Jersey.
As defined in N.J.S.A. 51:6A-5, gold, silver, platinum, palladium
and alloys thereof; gems, gemstones, coins and all forms of jewelry.
Any person, partnership, firm, association, corporation or
other business entity, or joint venture, trustee or court-appointed
representative, or any agent thereof which operates a business for
profit which buys, sells, possesses on consignment for sale or trades
jewelry, stamps, coins or any precious metals which may have been
previously owned by a consumer or which derived more than 25% of its
gross receipts from the sale, consignment for sale or trade of any
goods, wares or merchandise which have previously been owned by a
consumer, including but not limited to furniture, appliances, consumer
electronic goods, clothing, automobile accessories, books, magazines,
athletic cards and memorabilia or precious metals, whether in bulk
or manufactured state. The term "secondhand dealer" shall include
businesses commonly known as "consignment shops," "trading posts,"
"swap shop operators," "stamp dealers," "coin dealers," "jewelers,"
and "auction houses" that purchase and resell items from persons other
than dealers and suppliers. The term "secondhand dealer" shall not
include businesses which are commonly referred to as "pawnshops" or
are recognized as such under the Pawnbroking Law. The fact that any
business does any of the following acts shall be deemed prima facie
proof that said business is a secondhand dealership:
Advertises in any fashion that it buys and sells secondhand
or used items, including but not limited to advertising via any form
of traditional media internet, telephone listing and/or signs or postings,
whether such advertisement is posted on the exterior or interior of
the business; or
Devotes at least 75% of the business premises to the purchase
or sale of secondhand or used items.
Goods which have been previously owned, worn or used by a
consumer and/or that are not new.
D.
Location, parking and approval.
(1)
The premises in question must be located in the M-1 Zone.
(2)
The lot must not be located within 100 feet of a church and/or
house of worship.
(3)
The lot must not be within 100 feet of a day-care center.
(4)
The lot must not be within 100 feet of a school.
(5)
The premises and all other structures lawfully thereon must
in all other respects comply with the zoning requirements for the
M-1 District, as established by the Zoning Ordinance of the Borough
of Palisades Park, except that the parking requirements shall be determined
in accordance with the Zoning Ordinance of the Borough of Palisades
Park, as made applicable to the use of retail store or shop, personal
service establishment as set forth therein.
(6)
The premises devoted to the pawnshop or secondhand dealer shop
shall not exceed 2,500 square feet in area.
(7)
Site plan approval must be obtained from the Planning Board,
as required.
E.
License required; application requirement; advertising.
(1)
No person, partnership, limited-liability company, corporation
or other entity shall engage in the business of buying, selling or
pawning of precious metals or other secondhand goods as defined above,
within the Borough of Palisades Park, without first obtaining a license
therefor from the Borough Clerk, which license shall bear a number
issued by the Borough Clerk.
(2)
The application for a license shall set forth the name, date
of birth, and the address of the dealer, whether or not he or she
is a citizen of the United States and whether or not he or she has
ever been convicted of any crime(s), disorderly persons offense(s)
or municipal ordinance violation(s) and the date(s) thereof.
(3)
If an individual is deemed a pawnbroker or business deemed a
pawnshop, then a license from the Commissioner of Banking and Insurance
is required (N.J.S.A. 45:22-21).
(4)
No person, partnership, limited-liability company, corporation
or other entity shall place or cause to be placed any advertisement
for purchase of such articles or goods without stating in the advertising
the license number issued to a person or entity by the Borough. In
any print advertisement, the license number shall appear in type no
smaller than eight point in the lower right-hand corner of the advertisement.
In any advertisement in electronic media, the license number shall
be visually or audibly stated. Licenses granted under this chapter
are not transferable or assignable.
F.
Exemptions.
(1)
Garage sales.
(2)
Sales conducted by government, civic, patriotic, fraternal,
educational, religious or benevolent organizations which have been
active and in continuous existence for at least one year prior to
the holding of the sale or which are incorporated as a not-for-profit
corporation by the state.
(3)
Sales or purchases which are regulated by the licensing laws
of the state, including automobile dealers, used parts dealers and
automotive parts recyclers.
(4)
Antique dealers.
G.
Application process for dealers; approval or denial; appeal. Applications
for licensure under this chapter shall be referred by the Borough
Clerk to the Chief of Police, who shall make an investigation for
the prospective licensee, pursuant to this chapter for the purpose
of determining the suitability of the applicant for licensing. The
investigation shall include, but shall not be limited to, the following:
(1)
The experience of the applicant in the business of purchase
and sale of those articles or goods noted above, although nothing
in this section shall be construed to warrant denial of a license
solely on the basis of lack of experience.
(2)
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license.
(3)
Any criminal record of the applicant, including any past convictions
for any crime(s), disorderly persons offense(s), or municipal ordinance
violation(s) within any other jurisdiction. The Chief of Police may,
as part of the application process, require a fingerprint criminal
background check through the Federal Bureau of Investigation, and/or
Criminal Justice Information Service Division, which may require an
additional fee from the applicant.
(4)
The type of operation contemplated to be conducted by the applicant,
particularly whether the business is to be operated from a fixed location,
whether it is to be conducted from a location primarily devoted to
the purchase and sale of precious metal or other secondhand goods,
and other factors bearing on whether the licensed business will be
of a fixed and permanent nature. This section shall not be construed
to require denial of any license solely on the grounds that the business
is not from a fixed location or that the applicant is a transient
business or itinerant business; however, applicants who fall under
the category of a transient buyer or itinerant business must state
with specificity on the license application the business address where
transaction records required by this chapter will be stored as well
as the location where purchased goods will be retained during the
mandatory inspection period.
(5)
The Chief of Police shall complete any investigation pursuant
to this chapter within 30 days of the submission of the application
to the Borough Clerk, fully completed by the applicant. If a criminal
record check has been requested within the thirty-day period and has
not been received by the Chief of Police within that period, the Chief
of Police may, if all other factors are satisfactory, recommend a
conditional issuance of the license subject to the finding regarding
criminal record.
(6)
The Chief of Police shall, upon completion of the investigation,
recommend "grant" or "denial" of the license to the Borough Clerk,
who shall grant or deny the license. Any recommendation of the Chief
of Police shall be in writing and, in the case of a recommendation
of denial, shall state fully and specifically the reasons for said
recommendation. If the Borough Clerk accepts the recommendation of
the Chief of Police to deny any license, the applicant shall be notified,
in writing, within 10 days of such denial, and the Clerk shall forward
to the applicant a statement of the reason or reasons for such denial.
(7)
Grounds for recommending denial of license may include reliable
information indicating that the applicant has in the past engaged
in fraudulent or deceptive business practices in a business identical
to or similar to a dealer in secondhand goods. A license may be denied
if the investigation reveals a conviction of the applicant or any
of its principal officers or employees of any crime(s), disorderly
persons offense(s) in which deceit or misrepresentation is an element;
or any conviction of any crime(s), disorderly persons offense(s) involving
theft or the receiving of stolen goods, regardless of whether the
applicant was a principal, accessory before the fact, after the fact,
or a co-conspirator; or any prior municipal ordinance violation(s)
by the applicant or any of its principal officers or employees in
this or any other jurisdiction. A license may be denied if the applicant
fails to demonstrate an ability to satisfactorily comply with the
electronic reporting requirements of this chapter, the retention and
inspection requirements of this chapter or any other portion of this
chapter. Upon receipt of the recommendation of the Chief of Police,
the Borough Clerk shall issue or deny the license accordingly, contingent
upon the receipt of a bond as required by this chapter.
(8)
Whenever any application for a permit is denied, the applicant
shall be entitled to a hearing before a three-person panel appointed
by the Chief of Police, at which time the applicant shall be permitted
to introduce such evidence as may be deemed relevant to such denial.
Any applicant exercising the right of appeal within 10 days of receiving
written notice of denial of a license to act as a dealer or secondhand
goods.
(9)
No license shall be assignable by the dealer.
H.
Identification of seller; recordkeeping requirements for dealers.
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
(1)
Require of each person selling or pawning precious metals or
other secondhand goods acceptable identification as defined in this
chapter.
(2)
Require each seller to execute a declaration of ownership, which
shall contain the following certification: "My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am full age of 18 years and the identification presented is valid
and correct."
(3)
Record and issue to each person selling or pawning such goods
on a sequentially numbered receipt:
(a)
The name, address and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase.
(b)
The name, address, date of birth, and telephone number of the
seller or sellers.
(c)
A photographed recording of the seller in a format acceptable
to the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.
(d)
A photographed recording of the seller's presented acceptable
identification, as set forth in this section, in a format acceptable
to the Chief of Police.
(e)
A photographed recording of all items sold in a format acceptable
by the Chief of Police. When photographing, all items must be positioned
in a manner that makes them readily and easily identifiable. Items
should not be grouped together when photographing or imaging. Each
item should have its own photograph.
(f)
The receipt number.
(g)
A detailed, legible description of the item(s) and the manufacturer
and model of the item(s) if known; in the case of jewelry, the descriptions
must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials,
names, monograms, social security numbers, numbers engraved thereon,
serial numbers, or any other information, which sets apart the particular
object from others of like kind.
(h)
The price paid for the purchase or pawn of the item(s).
(i)
If precious metals, the net weight in terms of pounds Troy,
pennyweight (Troy) or kilograms/grams; fineness in terms of karats
of gold, and sterling or coin for silver, in accordance with N.J.S.A.
51:5-1, and N.J.S.A. 51:6-1 et seq.
(j)
The time and date of the transaction.
(4)
The information outlined in Subsection H(3) above must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this section and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of their duty as set forth in Subsection H(6) below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in Subsection H(3) above.
(5)
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection H(3) above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties for doing so, including revocation of the dealer's license as described in this section.
(6)
It shall be the requisite duty of every dealer, and of every
person in the dealer's employ, to admit to the premises during business
hours any member of the Police Department to examine any database,
book, ledger, or any other record on the premises relating to the
reportable transactions of precious metals or other secondhand goods,
as well as the articles purchased or received and, where necessary,
relinquish custody of those articles as provided in this section.
Itinerant businesses and buyers will be responsible for notifying
the Chief of Police of the address where these records and articles
will be stored.
I.
Retention; revocation; other restrictions.
(1)
All precious metals and other secondhand goods purchased, received
for pawn or received for consignment as described above are to be
made available for inspection by the Chief of Police or designee thereof
at the designated business address for a period of at least seven
calendar days from the date the transaction information is actually
reported to the Chief of Police in the approved manner described in
this chapter except for jewelry, which must be maintained for at least
10 business days or for the statutory period provided in N.J.S.A.
2C:21-36(d). All precious metals or other secondhand goods subject
to inspection must remain in the same condition as when purchased
or received for pawn and shall not be sold, disposed of, changed,
modified, or melted by the dealer until the seven-day retention period
has expired. Itinerant businesses and transient buyers will be responsible
for notifying the Chief of Police of the location where the purchased
item(s) is being held.
(2)
Upon probable cause that goods held by a dealer are stolen,
and providing that the seller signed the mandatory statement required
in this chapter upon the sale of those goods, a law enforcement officer
with jurisdiction should charge the seller with theft by deception
under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered
the victim of the offense for the purposes of N.J.S.A. 2C:43-3. The
officer shall seize the goods, provide the dealer with a receipt,
and issue a criminal complaint against the seller for theft by deception
and any other criminal charges for which the officer has probable
cause that the seller has committed. If convicted of theft by deception
and if so found by an order of a court of valid jurisdiction, the
seller will be responsible for providing restitution to the dealer
under N.J.S.A. 2C:44-2 for the amount paid by the dealer a waiver
of the requirement under this section.
(3)
If market conditions would create a hardship on the dealer by
holding precious metals or other secondhand goods for such period,
the dealer may present the property to the Chief of Police in order
that it may be photographed and, if deemed necessary by the Chief
of Police, an investigation may be implemented. The Chief of Police
shall have the authority to grant the dealer a waiver of requirement
under this section.
(4)
In addition to all other reporting requirements, every dealer
shall maintain, for at least five years, a written record of all purchases
of precious metals and other secondhand goods in the form prescribed
in this chapter.
(5)
No dealer shall purchase any item covered by this chapter from
any person under the age of 18 or in the absence of providing prior
notification of such purchase to the Chief of Police or business designee
identifying the individual from whom such purchase is to be made and
the item to be purchased.
(6)
Suspension. The Chief of Police or a designee thereof is hereby
empowered to temporarily suspend for cause any dealer's license and
rights to operate thereunder. This penalty shall be in addition to
any fines and penalties the dealer may incur pursuant to this chapter.
(a)
Grounds for suspension. The following shall constitute grounds
for suspension: violation of any provisions of this chapter, including
failure to comply with any training or fee associated with the electronic
database software system used by the Borough; violation of any other
statute, regulation, or local ordinance; or any other illegal, improper,
or fraudulent activity.
(b)
Procedure for suspension. Upon determination that appropriate
grounds exist and that a suspension is warranted, the Chief of Police
or a designee thereof shall issue a written notice of suspension of
license to the offending dealer and the Borough Clerk, which shall
set forth the grounds for the suspension and notify the dealer of
his or her right to appeal pursuant to this chapter. A temporary suspension
shall be issued immediately, pending the outcome of any appeal taken.
Suspended dealers must immediately cease engaging in the business
of purchasing for resale, receiving pawn, and/or selling of precious
metals and/or other secondhand goods in the municipality until reinstatement.
(c)
Reinstatement. Suspended dealers may be reinstated only when
the grounds leading to the suspension have, in the determination of
the Chief of Police or the Chief's designee, been cured, corrected,
or appropriately rectified; or if reinstatement is deemed appropriate
by the three-person panel appointed by the Chief of Police, upon the
timely filing of an appeal as provided in this chapter.
(7)
Revocation. A license issued under this chapter may be revoked
by the Borough Clerk upon written recommendation from the Chief of
Police or the Chief's designee that the dealer is no longer qualified,
capable or competent to comply with the requirements of this chapter.
This penalty shall be in addition to any fines and penalties the dealer
may incur as stipulated in this chapter.
(a)
Grounds for revocation. The following shall constitute grounds
for revocation: a third violation under this chapter; a second violation
under this chapter less than one year after an earlier violation under
this chapter; conviction of a criminal offense within this or any
jurisdiction; or multiple violations of any other regulations or local
ordinances within this or any jurisdiction.
(b)
Procedure for revocation. Upon a determination that appropriate
grounds exist and that a revocation is warranted, the Chief of Police
or the Chief's designee shall so report to the Borough Clerk in writing.
A temporary suspension will immediately and automatically issue, if
one is not already in effect, pending the outcome of the charge. A
three-person panel, appointed by the Chief of Police, shall review
the state grounds for revocation, and the panel shall issue an appropriate
disposition of either suspension, revocation or reinstatement. If
the panel determines that revocation is the appropriate disposition,
it shall set forth the grounds for the same, in writing, in the form
of a notice of revocation, which shall be provided to the dealer.
The notice shall advise the dealer of the right to appeal. If the
panel determines that suspension is the appropriate disposition, it
shall provide the dealer with a notice of suspension that shall advise
the dealer of the right to appeal. Following revocation, the dealer
must relinquish his or her license and must immediately and indefinitely
cease operating as a dealer of precious metals or other secondhand
goods within the municipality.
(8)
Appeal. Any applicant wishing to appeal an issuance of suspension
or revocation shall be entitled to a hearing before a three-person
panel, appointed by the Chief of Police, at which time the applicant
shall be permitted to introduce such evidence as may be deemed relevant
to such suspension or revocation. Any applicant exercising the right
to appeal must file a written notice of appeal within 10 days of receiving
written notice of revocation or suspension of license.
(9)
A dealer shall have the right to change location of the licensed
business, provided he or she notifies the Borough Clerk, in writing,
of the street address of said location.
J.
Bond. Each dealer covered under his chapter shall deliver a bond
to the Borough Clerk executed by the applicant as principal and executed
by a surety company authorized to do business under the laws of the
State of New Jersey as surety. The bond shall be subject to review
and approval by the Borough Attorney, and shall be in the penal sum
of $10,000, conditioned for the due and proper observance of and compliance
with the provisions and requirements of all ordinances of the Borough
in force or which may be adopted respecting the conduct of business
and conditioned also that the bond shall be and remain for the benefit
of any person or persons who shall have received judgement against
the dealer licensed under this chapter, which damages shall be established
by a judgement of a court or proper jurisdiction. Said bond shall
contain the following language: "The obligation of this bond shall,
in addition to the Borough of Palisades Park, be and remain for the
benefit of any person who shall obtain a judgement against obligor
as a result of damage sustained in operation pursuant to any license
granted under this chapter." Said bond shall be kept for a minimum
of one year from the date of issuance of the license and must be renewed
annually along with the license.
K.
Fees; period of license validity. A nonrefundable fee for initial
application and license for a pawnbroker or a dealer in precious metals
or other secondhand goods, as covered under this section, is $300.
The annual renewal fee for a license is $250. These fees are separate
from and in addition to any fees the dealer must pay in relation to
the mandatory electronic database system designated by the Chief of
Police, as provided in this chapter. Payments are to be made in the
manner directed by the Borough Clerk. A license is valid for a one-year
period from the date of its issuance.
L.
Violations and penalties. Violations of any provision of this section
by any dealer shall, upon conviction thereof, be punished by a fine
not exceeding $2,000 or by a term of imprisonment or a period of community
service not exceeding 90 days, in addition to a suspension or revocation
of the operating license as provided in this chapter. Each and every
violation shall be considered a separate violation. Each violation
shall result in an additional suspension period. Any person who is
found guilty of violating the provisions of this section within one
year of the date of a previous violation and who was fined for the
previous violation may be sentenced by the court to an additional
fine as a repeat offender and, in addition, may be subject to revocation
proceedings as provided in this chapter. The additional fine imposed
as a repeat offender shall not be less than the minimum or exceed
the maximum fine provided herein, and same shall be calculated separately
from the fine imposed for the violation of this chapter.
M.
Time limit for conformance; repealer; severability.
(1)
Any person, partnership, limited-liability company, corporation,
or other entity engaging in the business of a pawnbroker, or a dealer
in precious metals or other secondhand goods, shall conform to the
provisions of this section within 90 days following the effective
date of this section.
(2)
Nothing contained in this section is intended to replace any
preexisting statutory requirements governing pawnbrokers, as in N.J.S.A.
45:22-1 et seq., the sale of precious metals, as in N.J.S.A. 51:6A-1
et seq., the sale of secondhand jewelry, as in N.J.S.A. 2C:21-36 et
seq., or any other statutory provision regarding any subject matter
discussed herein.
[Added 8-8-2016 by Ord.
No. 2016-13]
A.
Purpose. The purpose of this section is to regulate establishments
that have as their primary purpose a massage business, as defined
below, which shall be a permitted conditional use in the M-1 Zone,
expressly subject to the conditions as set forth in said area, and
shall not be permitted as a primary use in any other zone of the Borough
of Palisades Park.
B.
MASSAGE BUSINESS(ES)
MASSAGE WORK AREA
MASSAGE, BODYWORK AND SOMATIC THERAPIST
MASSAGE, BODYWORK AND SOMATIC THERAPY
MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENT
PERSON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any establishment located in a fixed place of business on
a nonresidential property owned, leased, operated or controlled by
any person, firm, association or corporation which engages in or carries
on, or permits to be engaged in or carried on, any of the massage
activities defined in this section. This includes any establishment
engaged in or carrying on or permitting any combination of a massage,
bodywork, pressure and/or somatic therapy and bathroom establishment.
Any room, floor or section of a massage business where massage,
bodywork, pressure and/or somatic therapies as herein defined are
carried out.
Any person licensed pursuant to the provisions of the Massage
and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53.
Any systems of activity of structured touch which include,
but are not limited to, holding, applying pressure, positioning and
mobilizing soft tissue of the body by manual technique and use of
visual, kinesthetic, auditory and palpating skills to assess the body
for purposes of applying therapeutic massage, bodywork or somatic
principles. Such applications may include, but are not limited to,
the use of therapies such as heliotherapy or hydrotherapy, the use
of moist hot and cold external applications, external application
of herbal or topical preparations not classified as prescription drugs,
movement and neuromyofacial education and education in self-care and
stress management. Massage, bodywork and somatic therapies do not
include the diagnosis and treatment of illness, disease, impairment
or disability.
Any establishment wherein massage, bodywork and/or somatic
therapies are administered or are permitted to be administered, when
such therapies are administered for any form of consideration.
Any individual, firm, member of a firm, partnership, member
of a partnership, corporation or any officer, director or stockholder
of such corporation, a voluntary association or incorporated association.
Person shall specifically include and apply to individual owners of
massage businesses, as well as the entity(ies).
C.
Location, parking and approval.
(1)
The premises in question must be located in the M-1 Zone.
(2)
The lot must not be located within 100 feet of a church and/or
house of worship.
(3)
The lot must not be within 100 feet of a day-care center.
(4)
The lot must not be within 100 feet of a school.
(5)
The premises and all other structures lawfully thereon must
in all other respects comply with the zoning requirements for the
M-1 District, as established by the Zoning Ordinance of the Borough
of Palisades Park, except that the parking requirements shall be determined
in accordance with the Zoning Ordinance of the Borough of Palisades
Park, as made applicable to the use of retail store or shop, personal
service establishment as set forth therein.
(6)
The premises devoted to the pawnshop or secondhand dealer shop
shall not exceed 2,500 square feet in area.
(7)
Site plan approval must be obtained from the Planning Board,
as required.
D.
Nonlicensed therapist prohibited. The administering of massage, bodywork
and/or somatic therapies for any form of consideration by any person
not licensed by the State of New Jersey pursuant to the Massage and
Bodywork Therapist Licensing Act, P.L. 1999, c. 19, amended 2007,
c. 337,[1] shall be prohibited in the Borough of Palisades Park.
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
E.
License required.
(1)
Establishment. No person, firm, or corporation shall operate
any establishment or utilize any premises in the Borough of Palisades
Park as or for a massage, bodywork and somatic therapy establishment
unless or until such person, firm or corporation has obtained a license
for such establishment or premises from the Borough of Palisades Park
Health Department in accordance with the terms and provisions of this
subsection. Each applicant shall be fingerprinted. Fingerprints so
furnished shall become a part of the application. In the event of
a partnership, all partners, and in the event of a corporation, the
president, vice president, secretary and treasurer, shall be required
to submit the abovementioned sets of fingerprints, which fingerprints
so taken shall be submitted to the Chief of Police for comparison
and record. The number of licenses shall be limited as follows:
(a)
The Borough of Palisades Park Health Department shall issue
a license to operate upon satisfaction by the applicant that he or
she met all the requirements of N.J.S.A. 45:11-53 et seq. and N.J.A.C.
13:37A-1.1 et seq.
(2)
Massage practitioner. No person shall engage in providing massage
services unless such person has first obtained a valid massage practitioner
license issued by the Borough of Palisades Park Health Department
pursuant to the provisions of this section and is certified by the
State of New Jersey pursuant to N.J.S.A. 45:11-53 et seq. and N.J.A.C.
13:37A-1.1 et seq.
(a)
The provision of massage services shall be limited to licensed
medical centers, hospitals, sanitariums or a duly licensed office
of a physician, osteopath, chiropractor, physical therapist or the
office of a duly licensed massage business, as defined herein.
(b)
No person other than a licensed and state-certified massage
practitioner shall have any physical contact with patients or persons
within the office of said physician, osteopath, chiropractor, physical
therapist or massage business.
(c)
The Borough of Palisades Park Health Department shall issue
a license to practice upon satisfaction by the applicant that he or
she has met all the requirements of N.J.S.A. 45:11-53 et seq. and
N.J.A.C. 13:37A-1.1 et seq.
F.
Licensing fee.
(1)
Every applicant for a massage practitioner license and/or a
massage business license pursuant to this section shall file annually
a complete application with the Borough of Palisades Park Health Department
as set forth in this section and pay an annual filing fee as follows:
(a)
For a massage business license pursuant to this section, the
fee shall be $250.
(b)
For each massage practitioner licensed pursuant to this section,
the fee shall be $300.
[Amended 10-25-2016 by Ord. No. 2016-21]
(c)
Fees are nonrefundable. Fees are annual.
(d)
Any changes in ownership shall require a new application and
license with the payment of the fees thereof.
(2)
If at any time after the initial license is granted additional
practitioners begin providing services at any massage business, all
of the information required herein must be submitted to the Borough
of Palisades Park Health Department prior to the massage practitioner
providing services, and the additional fee of $100 must be paid.
(3)
In addition to the above, each massage practitioner and massage
business applicant must pay the fee required to obtain a criminal
background check.
H.
Application for license. Any person desiring a massage, bodywork
and somatic therapy establishment license shall file a written application
with the Health Department upon a form provided by the Health Department.
The application form shall contain the following information:
(1)
The type of ownership of the business, e.g., whether individual,
partnership, corporation or otherwise.
(2)
The name, style and designation under which the business is
conducted.
(3)
The business address and all telephone numbers, including facsimile,
where business is to be conducted.
(4)
A complete list of the names and residence addresses of all
massage, bodywork and somatic therapists and employees of the business
and the names and residence address of the manager or other person
principally in charge of the operation of the business, which shall
be updated for each new employee.
(5)
A sworn statement indicating that all massage, bodywork and
somatic therapists employed or to be employed by the establishment
or otherwise permitted to work at the establishment have been licensed
by the State of New Jersey pursuant to the Massage and Bodywork Therapist
Licensing Act, P.L. 1999, c. 19, amended 2007, c. 337.[2]
[2]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
(6)
The following personal information concerning the applicant(s),
if an individual; concerning each stockholder holding more than 10%
of the stock of the corporation, each officer and each director, if
the applicant is a corporation; concerning the partners, including
limited partners, if the applicant is a partnership; and concerning
the manager or other person principally in charge of the operation
of the business shall be provided:
(a)
The name, complete address and residence telephone number.
(b)
The two previous addresses immediately prior to the present
address of the applicant.
(c)
Written proof of age.
(d)
Height, weight, sex, color of hair and eyes.
(e)
Two front-face portrait photographs taken within 30 days of
the date of the application and at least two inches by two inches
in size.
(f)
Provide any massage therapy or similar business history and
experience, including, but not limited to, whether or not such person
has previously operated in this or another municipality or state under
a license or permit or has had such license or permit denied, revoked,
or suspended and the reason therefor and the business activities or
occupations subsequent to such action or denial, suspension or revocation.
(g)
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and circumstances thereof. The applicant shall
execute a waiver and consent to allow a criminal background check
by the Borough Police Department. Failure to execute such a waiver
and consent shall result in a denial of a license.
(h)
The names and addresses of three adult residents who will serve
as character references. These references must be persons other than
relatives and business associates.
(i)
The fingerprints of the applicant(s).
I.
Transferability. No license issued pursuant to this section is transferable,
separate or divisible.
J.
Operating requirements. Every massage, bodywork, and somatic therapy
establishment shall comply with the following:
(1)
Every portion of the massage, bodywork, and somatic therapy
establishment, including appliances and apparatus, shall be kept clean
and operated in a sanitary condition. A broad spectrum antimicrobial
disinfectant shall be used.
(2)
Price rates for all services shall be prominently posted (brochures
or price list) in the reception area in a location available to all
prospective customers.
(3)
All employees, including massage, bodywork and somatic therapists,
shall be clean and wear clean, nontransparent outer garments. Dressing
rooms must be available on the premises. Doors to such dressing rooms
shall open inward, be self-closing, and be nonlockable.
(4)
The hand wash sink shall be used solely for the washing of hands,
arms and other parts of the body.
(5)
Hand sinks shall be supplied with liquid soap and disposable
hand towels at all times.
(6)
Every area of the establishment shall be provided with lighting
capable of providing a minimum of 50 footcandles of artificial light.
Lighting may be dimmed during treatment sessions.
(7)
Massage tables shall be maintained in good condition and free
of rips and tears.
(8)
Toilet paper, covered trash, liquid hand soap and disposable
towels or alternate means of hand drying shall be provided in restrooms.
(9)
All massage, bodywork and somatic therapy establishments shall
be provided with clean, laundered sheets and towels, in sufficient
quantity, which shall be laundered after each use thereof and stored
in a sanitary manner.
(10)
Soiled linens and draping materials shall be either commercially
laundered or washed on site in a clothes-washing machine, in hot water
with detergent and at least one cup of bleach or an antibacterial
agent, and dried on the high-heat setting in a clothes dryer.
(11)
Linens used in a licensed establishment may not be laundered
in a private home.
(12)
Closed containers shall be provided for soiled linens.
(13)
The sexual or genital area of patrons must be covered by towels,
cloths or undergarments when in the presence of an employee or massage,
bodywork or somatic therapist.
(14)
It shall be unlawful for any person knowingly, in a massage,
bodywork and somatic therapy establishment, to place his or her hand
upon or touch with any part of his or her body, to fondle in any manner
or to massage a sexual or genital area of any other person. No massage,
bodywork and somatic therapist, employee or operator shall perform
or offer to perform any act which would require the touching of the
patron's sexual or genital area.
(15)
All walls, ceilings, floors, pools, showers, bathtubs, steamrooms
and all other physical facilities shall be in good repair and maintained
in a clean and sanitary condition. Wet and dry heat-rooms, steam and
vapor rooms or steam or vapor cabinets and shower compartments and
toilet rooms shall be thoroughly cleaned each day the business is
in operation. Bathtubs and showers shall be thoroughly cleaned after
each use. When carpeting is used on floors, it shall be kept dry.
(16)
Oils, creams, lotions and other preparations used in administering
massage, bodywork and somatic therapies shall be kept in clean, closed
containers or cabinets.
(17)
Animals, except Seeing Eye dogs, shall not be permitted in the
massage work area.
(18)
Each massage, bodywork and somatic therapist shall wash his
or her hands in hot running water, using proper soap or disinfectant
before administering a massage.
(19)
Hours of operation. No such business shall begin operations
before 9:00 a.m. or continue after 9:00 p.m.
K.
Minors prohibited; exception. No person shall permit any person under
the age of 18 years to receive a massage without advance written permission
from his or her parent, caregiver or guardian or unless a parent,
caregiver or guardian is present in the room during the time of the
massage.
L.
Maintenance of register required. All massage business licensees
must maintain a register of all persons employed as massage, bodywork
and somatic therapists and their license numbers and all other employees
and agents. Such register shall include the name, address, date of
birth and social security number of all massage, bodywork and somatic
therapists, employees and agents and shall be available for inspection
at all times during regular business hours.
M.
Responsibilities of licensee. The licensee shall be responsible for
all actions which occur in the premises of the massage business, whether
by massage, bodywork and somatic therapists, employees, subcontractors
or other agents, where the licensee has actual or constructive knowledge
of such actions.
N.
Inspections. The Borough of Palisades Park Health Department, Borough
of Palisades Park Police Department, Borough of Palisades Park Construction
Department and the Borough of Palisades Park Fire Department shall,
from time to time, announced or unannounced, make an inspection of
each massage business for the purpose of determining whether the provisions
of this chapter are complied with. Such inspections shall be made
at reasonable times and in a reasonable manner and in compliance with
this chapter. It shall be unlawful and grounds for a suspension and/or
revocation of the license for any licensee to fail to allow such inspection
officer access to the premises or to hinder such officer in any manner.
O.
Posting of license required. All licenses issued hereunder shall
be exhibited in a conspicuous location at all times.
P.
Violations and penalties. The Borough of Palisades Park may, in lieu
of revocation, impose a fine or suspend a license issued pursuant
to this section. Any person, as defined above, who shall violate any
of the provisions contained in this section shall be subject to a
fine not to exceed $1,000 or to be imprisoned for a period not to
exceed 90 days, or both, for each and every offense. Each separate
day that the provisions of this section are violated by any person,
as defined above, shall constitute a separate and distinct offense
and violation of this chapter.
Q.
Existing establishments and practitioners. All massage businesses
and/or massage, bodywork and somatic therapists who presently engage
in the business of massage must comply with the provisions of this
chapter within 30 days of the effective date of this chapter.
R.
Revocation of licenses or permits. A violation of the provisions
of this chapter shall constitute grounds for the revocation of any
license, permit or certificate issued by the Borough relating to the
premises in question.
S.
Living quarters. No part of a massage business licensed pursuant
to this chapter shall be occupied or used or furnished for sleeping
quarters and/or living quarters.
T.
Appeals. In the event that any applicant for a license shall have
been refused a license or in the event that any licensee shall have
had his license revoked or suspended, said person shall have the right
and privilege to appeal from such refusal to grant a license or suspension
or revocation of a license to the Mayor and Council of the Borough
of Palisades Park; provided, however, that not less than five days'
written notice of such appeal shall have been served upon the Mayor
and Council, either in person or by registered mail, return receipt
requested, and a date of hearing before the Mayor and Council shall
be fixed no later than 30 days after the receipt of said notice of
appeal. Thereupon, the Mayor and Council shall notify said person
of the place, date and time of hearing.
[Added 8-8-2016 by Ord.
No. 2016-13]
A.
Purpose. The purpose of this section is to provide a broad range
of multifamily residential development as infill residential development
in strategic locations within the Borough of Palisades Park.
B.
MIDRISE, MULTIFAMILY RESIDENTIAL DEVELOPMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A multifamily residential building with a maximum of three
stories containing more than four residential units and one story
of parking.
C.
Location.
(1)
The property shall front on either Grand Avenue, Commercial
Avenue or East Columbia Avenue (East Columbia from Broad to Roff)
and shall have all access and exiting for parking onto the same street
as it fronts.
D.
Accessory uses.
(1)
Signs in accordance with Borough ordinance requirements.
(2)
Off-street parking and off-street parking facilities.
(3)
Private recreational facilities, such as but not limited to
swimming pools, tennis courts, indoor fitness centers and recreational
areas, provided that these uses shall be noncommercial.
(4)
Accessory uses customarily incidental to the permitted principal
use.
E.
Bulk regulations.
(1)
Lot area: 15,000 square feet minimum.
(2)
Lot width: 100 feet minimum.
(3)
Lot depth: 100 feet minimum.
(4)
Front yard setback: 10 feet minimum.
(5)
Side yard setback: five feet minimum.
(6)
Rear yard setback: 20 feet minimum.
(7)
Building height: maximum of three stories over one story of
parking with a maximum height of 45 feet.
(8)
Building coverage: 60% maximum.
(9)
Impervious surface coverage: 80% maximum.
(10)
Open space: 20% minimum. At least 50% of the required rear yard
and 20% of the front yard shall be landscaped with a mixture of trees,
shrubs, flowers and grass.
G.
Off-street parking. Off-street parking requirements shall be in accordance
with the New Jersey Residential Site Improvement Standards (RSIS)
and shall be as specified for garden apartments as follows:
[Added 8-8-2016 by Ord.
No. 2016-13]
A.
Purpose. The purpose of this section is to provide a broad range
of multifamily residential development as infill residential development
in strategic locations within the Borough of Palisades Park.
B.
MIDRISE, MULTIFAMILY RESIDENTIAL DEVELOPMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A multifamily residential building with three to five stories
and more than four dwelling units.
C.
Accessory uses.
(1)
Signs in accordance with Borough ordinance requirements.
(2)
Off-street parking and off-street parking facilities.
(3)
Private recreational facilities, such as but not limited to
swimming pools, tennis courts, indoor fitness centers and recreational
areas, provided that these uses shall be noncommercial.
(4)
Accessory uses customarily incidental to the permitted principal
use.
D.
Bulk regulations.
(1)
Lot area: 40,000 square feet minimum.
(2)
Lot width: 200 feet minimum.
(3)
Lot depth: 200 feet minimum.
(4)
Front yard setback: 20 feet minimum.
(5)
Side yard setback: 15 feet minimum.
(6)
Rear yard setback: 30 feet minimum.
(7)
Building height: maximum of five stories to include up to two
stories of parking and three stories of residences with a maximum
height of 50 feet.
(8)
Building coverage: 60% maximum.
(9)
Impervious surface coverage: 80% maximum.
(10)
Open space: 20% minimum. At least 50% of the required front
yard and rear yard shall be landscaped with a mixture of trees, shrubs,
flowers and grass.
F.
Off-street parking. Off-street parking requirements shall be in accordance
with the New Jersey Residential Site Improvement Standards (RSIS)
and shall be as specified for garden apartments as follows:
