All developments shall conform to design standards
encouraging sound development patterns within the Borough. In cases
of conflicting requirements in the Code, the more stringent sections
of the Code would apply in all cases.
[1]
Editor's Note: Former § 141-44,
Accessory apartments, was repealed 3-3-2002 by Ord. No. 1306.
A.
Any accessory building attached to a principal building
is part of the principal building and shall adhere to the yard requirements
for the principal building.
B.
The minimum distance of any accessory building to
a property line shall be five feet and to any building on the same
lot shall be 10 feet.
C.
Accessory buildings shall not exceed 15 feet in height
and on residential lots shall not exceed 500 square feet in floor
area. The coverage of an accessory building shall count toward the
total building coverage on the lot.
D.
An accessory building may be erected in the side or
rear yard only. If erected on a corner lot, it shall be set back from
the side street to comply with the setback line applying to the principal
building.
E.
No barn, building or structure of a temporary nature, garage, outbuilding or shack shall be placed, erected or permitted to be used, either temporarily or permanently, on any lot or parcel of land for living or sleeping purposes in any district, except as permitted as an accessory apartment. (Refer to § 141-44). No tent shall be placed, erected or permitted to be used, either temporarily or permanently, on any lot or parcel of land for living or sleeping purposes in any district, except that the placing of a tent in the rear yard of a premises for sleeping purposes on an occasional basis during summer months shall not be deemed a violation of this section.
A.
Statutory authorization; findings of fact; purpose
and objectives.
(1)
Statutory authorization. The Legislature of the State
of New Jersey has delegated the responsibility to the local governmental
units to adopt regulations designed to promote the public health,
safety and general welfare of its citizenry. Therefore, the Borough
of Collingswood and State of New Jersey does ordain as follows.
(2)
Findings of fact. Adult entertainment and sexually
oriented businesses have a deleterious effect on both the existing
businesses around them and the surrounding residential areas adjacent
to them; cause increased crime, especially prostitution; adversely
affect property values; create an atmosphere which is inimical to
the values of a significant segment of the Borough's population; and
encourage residents and businesses to move elsewhere. It is further
recognized that sexually oriented businesses, when located in close
proximity to each other, contribute to urban blight and downgrade
the quality of life in the adjacent areas.
(3)
Purpose and objectives. It is the purpose of this section to regulate sexually oriented businesses to minimize and control the adverse effects recognized in Subsection A(2) and to promote the public health, safety and general welfare of the citizens of the Borough. It is not the purpose of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment nor will this section have the effect of restricting or denying such access.
B.
Location of adult entertainment uses.
(1)
A person commits an offense if he operates or causes
to be operated an adult entertainment use:
(a)
Within 1,000 feet of a place of worship.
(b)
Within 1,000 feet of any school, whether public
or private, or within 1,000 feet of any bus stop.
(c)
Within 1,000 feet of any public area as defined
by this chapter.
(d)
Within 1,000 feet of any other adult entertainment
use.
(e)
Within 1,000 feet of any residential district.
(f)
Within 500 feet of a specific residential use.
(2)
Measurement shall be made in a straight line, without
regard to intervening structures or objects, from the nearest portion
of the building or structure used as a part of the premises where
a sexually oriented business is conducted to the nearest property
line of the premises of a place of worship, a school, a public area,
a lot devoted to residential use, a residential district, or another
adult entertainment use.
(3)
An adult entertainment business lawfully operating
as a conforming use is not rendered a nonconforming use by the location,
subsequent to the establishment of the sexually oriented business,
of a place of worship, school, public area, residential district or
residential lot within 1,000 feet of the sexually oriented business.
(4)
Adult entertainment uses shall conform to the location
and development requirements established in this chapter.
C.
Prohibition against commercial display of obscene
materials or acts. A person is in violation of this chapter if he
knowingly conducts or maintains any premises, place or resort as a
place where obscene material, as defined in N.J.S.A. 2C:34-2 and N.J.S.A.
2C:34-3, is sold, photographed, manufactured, exhibited or otherwise
prepared or shown in violation of N.J.S.A. 2C:34-2, N.J.S.A. 2C:34-3
and N.J.S.A. 2C:34-4.
D.
Enforcement.
(1)
Any person violating any provision of this section,
upon conviction, is punishable by a fine not to exceed $1,000 or a
term of imprisonment not to exceed 90 days, or both. In no event shall
any person violating this section, upon conviction, receive a fine
below the amount of $100.
Apartments shall have site plan approval and
a central water supply and sanitary sewer system approved by appropriate
state and local agencies.
A.
Each overall development shall have a compatible architectural
and landscaping theme.
B.
No structure shall have a complete dwelling unit lower
than the finished grade along the front of the structure.
C.
Usable recreation areas. For any apartment building
or group of such buildings containing a total of more than 24 dwelling
units, there shall be reserved and improved, in addition to the minimum
space between buildings and the off-street parking space herein required,
a minimum open space equivalent to 15% of the site area within the
garden apartment house site for usable recreation space, provided
that no single contiguous usable recreation space shall be smaller
than one acre except where a smaller area shall be approved for limited
purposes by the Planning Board; and no building containing dwelling
units shall be more than 500 feet from the nearest usable recreation
space. Usable recreation space shall be approved for such use by the
Planning Board incidental to site plan approval, as hereinafter provided.
In no case shall swampy or poorly drained land be approved for such
purpose, nor shall any part of any recreation area to be devoted to
and used for baseball or football fields, swimming pools, children's
playgrounds and the like be within 200 feet of any public street line
or within 100 feet of the boundary of any abutting property zoned
for residential use. Swimming pools, ball fields, play courts and
other recreation facilities shall be confined to these approved recreation
areas. All lighting fixtures shall be so designed, located and shielded
that light radiating therefrom shall be reasonably confined to the
recreation areas.
D.
Solid waste disposal. Such disposal shall be provided
for within a permanently enclosed area for each building of an apartment
site. Provision shall be made for the private disposal of the same,
other than by incineration at the site or by disposition by the Borough's
contractors or agents. If disposition by the Borough's contractors
or agents is contemplated, the applicant shall agree to be bound by
any and all rules and regulations made by the Borough or its contractors
for such disposition.
No major appliance or recreational equipment,
including but not limited to a refrigerator, stove, washing machine,
clothes dryer or fixture, a hot water heater, bathtub, spa, toilet,
lavatory, stationary tubs, swing sets, jungle gyms, sandboxes or play
stations, shall be placed, either temporarily or permanently, in any
required yard setback area, and none of the aforementioned items,
excepting recreational equipment, shall be placed temporarily or permanently
in any open area on any lot or parcel of land, except that such an
appliance or fixture may be placed at the curb for collection by the
trash collecting contractors or agents of the Borough of Collingswood
in accordance with such regulations as the Borough may impose or with
such contractual agreement as the Borough may have for the collection
of the same. The placing of such an appliance or fixture by a merchant
whose business establishment is located in a business or industrial
district and who is engaged in the business of selling such appliances
or fixtures in an open area of his business establishment shall not
be deemed a violation of this section, but this sentence shall not
be deemed to allow such placing if such action is otherwise prohibited
by any other provision of this chapter or any other ordinance or statute.
A.
Purpose. Automobile service stations and repair garages
shall be permitted, provided that the minimum requirements listed
herewith in are met.
B.
Minimum requirements shall be as follows:
(1)
Such facility shall have a minimum site size of 20,000
square feet, with a minimum width of 125 feet.
(2)
The height of any garage or structure shall not exceed
one story or 25 feet.
(3)
There shall be a front yard setback of a minimum of
25 feet; one side yard setback of at least 20 feet for each side yard;
and a rear yard setback of at least 35 feet.
(4)
The means of vehicular access and egress as well as
internal circulation at the facility must be clearly defined and controlled
to ensure safe and efficient operation of the facility and to assure
safe integration of automotive traffic with other vehicular and pedestrian
traffic.
(5)
Exterior lighting shall be arranged so that it is
deflected away from adjacent land uses and should be arranged so as
not to obstruct or deter the visibility of drivers or pedestrians.
No blinking or flashing lighting system shall be permitted.
(6)
Parking shall be provided at the rate of four parking
spaces for each service bay. Such spaces shall be located in the rear
or side yard of the site.
(7)
Except for changing of tires and other similar minor
automobile servicing, all other repair work shall be carried on in
fully enclosed structures and all repair or service apparatus shall
be located within the building. Outdoor storage of equipment or parts
shall not be permitted.
(8)
Signs, pennants, flags and all other advertising displays visible or audible from any public right-of-way are prohibited, except as allowed under Article IX of this chapter
(9)
Floor drains shall be connected to a grease interceptor
device.
(10)
No motor vehicles shall be sold or displayed
for sale on the premises. Only registered motor vehicles shall be
stored on the premises awaiting repair, and the maximum storage time
shall be 30 days.
A.
Purpose. Automobile sales shall be permitted as a
conditional use, provided that they meet the following requirements.
B.
Minimum requirements shall be as follows:
(1)
No automobile or vehicle shall be displayed closer
than 15 feet to the street line.
(2)
Customer parking shall be provided in accordance with the requirements set forth in § 141-76, and the customer parking spaces shall be clearly identified on the site. No vehicle display shall be permitted in the customer parking spaces.
(3)
The use of bare light bulbs or strings of lights shall not be permitted nor shall banners, flags, movable signs, flashing lights, rotating devices or similar devices be permitted. Signs shall conform to the requirements of Article IX.
(4)
In order to avoid undue distractions to the traveling
public, automobile prices or the year of manufacture shall not be
boldly displayed on the automobile in a manner which would be legible
from the street.
(5)
Any service activity related to the car sales shall
be fully enclosed, shall be located to the rear of the site, and shall
be accessory in nature.
A.
Purpose. It is found and declared that the location
and operation of gasoline service stations shall be subject to regulation
under the police power. The business of storing and handling flammable
and explosive liquids and the noxious odors, noise and traffic hazards
that emanate from such a business make the regulation of its location
and operation necessary and reasonable to promote the public health,
safety and general welfare.
B.
Permit required. No gasoline service station shall
be built, altered or enlarged without first obtaining a conditional
use permit from the appropriate administrative approving authority.
C.
Site plan requirements. A site plan indicating the
dimensions of the site, the relative locations of all buildings, pump
islands, tanks, tank size, a schematic showing tank location, signs,
screening, accessways, lighting and landscaping shall be submitted
with the application for a conditional use permit.
D.
Location and site requirements.
(1)
Location.
(a)
Gasoline service stations shall be located in
Highway Business and Highway Industrial Districts as a conditional
use according to the provisions set forth in the zoning regulations.
(b)
There shall be a minimum distance of 500 feet
measured from the nearest points of lot boundaries between a proposed
gasoline service station and any existing gasoline service station
or between a proposed gasoline service station and any lot occupied
by a church, hospital, school or other place of public assembly, as
defined by the State Uniform Construction Code.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
(2)
Site requirements.
(a)
Minimum frontage and area. The minimum frontage
shall be 100 feet, and the minimum lot area shall be 10,000 square
feet.
(b)
Minimum setback. The gasoline service station
building shall be set back a minimum of 30 feet from the property
line.
(c)
Accessways. No driveway approach shall be located
within 10 feet of an adjoining property line or within 25 feet of
a street intersection.
(d)
Curb cuts. The width of curb openings shall
not exceed 35 feet and shall not be permitted at locations that will
tend to create traffic hazards.
(e)
Screening. Screening shall be constructed on
any lot line which abuts a residential zone. The screening shall consist
of a concrete or masonry wall which shall comply with other requirements
of the Borough of Collingswood.
E.
Design standards. In addition to design standards
set forth in any other applicable codes, all gasoline service stations
shall be designed and constructed in conformity with the following
design standards:
(1)
Fire-resistant materials. Gasoline service stations,
including canopies and supports over pumps, shall be of noncombustible,
fire-resistive construction in accordance with the standards of the
State Uniform Construction Code.
(2)
Floor surfaces. Floor surfaces shall be on noncombustible,
nonabsorbent materials. Driveways, service areas and parking areas
may be surfaced with asphaltic pavement or portland cement binder.
There shall be a concrete area of sufficient dimension to allow vehicles
obtaining gasoline to rest on concrete, surrounding the islands whereupon
the gas pumps are located.
(3)
Floor drains. Floors shall drain to approved oil or
gasoline separators or traps discharging to a sewer installed in accordance
with the Uniform Construction Code.
(4)
Ventilation and light. Windows shall have glazed openings
of clear glass of an area not less than 1/10 of the total floor area.
Exhaust ventilation shall be provided, sufficient to produce four
air changes per hour unless the building is supplied with unobstructed
openings to the outer air which are sufficient to provide the necessary
ventilation.
(5)
Basements. Service station buildings shall not contain
basements or rooms below grade. No pits will be permitted.
(6)
Rest rooms. Rest room facilities shall be located
either in the service station building or conveniently in an adjacent
building. Separate facilities shall be provided for each sex, and
all rest room entrances shall be screened from view of adjacent properties
or street rights-of-way.
F.
Dispensing devices.
(1)
Pump island location. Pump island(s) shall be a minimum
of 15 feet from the right-of-way-line or the property line and a minimum
of 20 feet from any building on the lot.
(2)
Pump island platform. All pumps must be securely anchored
on a concrete base of a minimum of six inches in height and have a
minimum of 12 inches beyond the dispenser in any direction.
(3)
Approval of equipment. Pumps, electrical equipment,
piping systems, base, nozzles and other integral parts of the dispensing
device shall be approved in accordance with the standards of the State
Uniform Construction Code.
(4)
Pumps. Motor vehicle fuel shall be transferred from
underground tanks by means of fixed pumps, so designed and equipped
as to allow control of the flow and to prevent leakage of accidental
discharge.
(5)
Nozzles. Automatic nozzles with latch-open devices
shall not be permitted.
(6)
Controls. Dispensers shall be equipped with remote
master control devices to shut off all pumps in the event of an emergency.
Signs identifying the pump shutoff controls shall be labeled "Emergency
Pump Shutoff."
(7)
Indicators.
(a)
Price per gallon. Every dispensing device shall
be equipped with a price per gallon, half gallon or liter indicator.
(b)
Total price indicator. Every dispensing device
shall be equipped with an indicator which shall record the total price
computed on the basis of the posted price and numbers of gallons,
half gallons or liters delivered.
G.
Fuel storage tanks. Flammable and combustible liquids
(including Class I and II liquids) used or intended to be used as
motor vehicle or home heating fuel shall be stored in underground
tanks.
H.
Firesafety requirements.
(1)
Ignition sources. The attendant shall require and
the driver of any motor vehicle shall shut off the motor of any vehicle
during the fueling operation. Smoking shall not be permitted in areas
where motor vehicles are being fueled.
(2)
Fire extinguishers. There shall be at least one extinguisher
for every four dispensing devices and shall be located no further
than 75 feet from any dispensing device. The extinguishers shall be
A-Multipurpose A.B.C. with a 4A-40 B:C rating.
(3)
Portable containers. Motor vehicle fuel may be transferred
into closed portable containers. The containers shall be approved
by either the Underwriters' Laboratories, Inc., the American Petroleum
Institute or the American Society of Mechanical Engineers and shall
have a maximum capacity of six gallons.
I.
Storage and display of merchandise.
(1)
The display of automotive merchandise for sale shall
be permitted in enclosed buildings or on pump islands and within three
feet of the station building. No more than one display rack for each
type of item is permitted at each pump island.
(2)
The storage and sale of non-automotive-related merchandise,
except by means of coin-operated devices, shall be prohibited.
J.
Storage and vehicles on property.
(1)
Trash and refuse shall be stored in an enclosed or
walled area and shall not be visible from the exterior boundaries
of the property. Refuse storage areas shall be at least 100 square
feet in area and at least five feet in height.
(2)
No large commercial vehicles (other than those owned
by the owner, operator, lessee or licensee) shall be parked or stored
on the gasoline service station premises. There shall be no tank trucks
parked or stored on the gasoline service station property.
(3)
The leasing of motor vehicles shall not be permitted
on any gasoline service station premises.
K.
Lighting. Lights to illuminate the service site shall
be directed toward the site, and the light standard for such lights
shall not exceed 20 feet in height. All exterior lighting shall be
so arranged as to reflect the light away from adjacent premises and
shall also be so arranged as to not affect driver visibility adversely
on adjacent thoroughfares. There shall be no flashing or revolving
lights.
L.
Attendants.
(1)
Every service station shall have at least one competent
attendant on duty during all hours of its operation.
(2)
The station operator shall be responsible for instructing
attendants as to fire code provisions for the dispensing of motor
vehicle fuels and for the operation of dispensing devices and fire
extinguishers to the satisfaction of the fire protection subcode official.
M.
Signs.
(1)
A sign shall be posted on every dispensing device,
at least 12 inches in height and 12 inches in width, stating clearly
and legibly the price per gallon, half gallon or liter; the breakdown
of applicable federal, state and local taxes; and the octane rating
of the fuel.
(2)
A sign, in block letters at least four inches in height,
shall be conspicuously posted on each pump island indicating whether
the island is self-service or full-service.
(3)
Signs shall be posted on every self-service dispensing
device, in block letters at least 1/2 inch in height, giving instructions
as to the use of self-service devices.
(4)
At least one sign shall be posted on the premises,
clearly visible and readable from all traffic lanes in each direction
on such street or streets, indicating thereon the actual price per
gallon, half gallon or liter; the applicable federal, state and local
taxes; each grade of motor vehicle fuel which is currently being offered
for sale, sold or otherwise dispensed; and the maximum or minimum
purchase limits, if any. The size of such sign shall be a minimum
of 12 square feet, in lettering no smaller than six inches in height
and in numerals no smaller than 10 inches in height.
(5)
Signs, in block letters at least two inches in height,
shall be conspicuously posted at each pump island warning of fire
code provisions prohibiting the dispensing of gasoline into containers
other than safety cans or the fuel tanks of motor vehicles, prohibiting
smoking in the area of the islands and requiring the motors of all
vehicles to be shut off during fueling.
(6)
Banners, flags and other signs or attention-attracting
devices shall not be permitted, except during the first 15 days of
the opening of a station, provided that this limitation shall not
apply to the display of official flags or colored flags required to
be displayed during gasoline shortage.
N.
Landscaping. Landscaping shall cover a minimum of
5% of that portion of the site not occupied by buildings or pump islands.
The installation of landscaping shall be indicated on the site plan.
Adequate and proper maintenance of such landscaping shall be the responsibility
of the station operator.
O.
Repairs. Only minor repairs shall be permitted upon
the premises of a gasoline service station. "Minor repairs" shall
be defined as those repairs involving work on no more than three vehicles
at any one time inside the building or structure and on not more than
one vehicle on the outside premises during operating hours. No vehicles
shall be left outside the building or structure in a state of disrepair
during nonoperating hours.
A.
Purpose. Bed-and-breakfasts (B&B) offer an opportunity
for the Borough to provide transient accommodations for guests in
a residential and architecturally compatible setting within the Borough.
B.
Bed-and-breakfast accommodations are permitted within
the Professional Office Districts but are conditional uses within
the Single-Family, Detached Residential District Three. In either
district, the facilities shall meet the following requirements:
(1)
B&B shall be permitted only in single-family,
detached dwellings, with a minimum of 2,000 square feet of living
space.
(2)
The B&B or an approved accessory apartment on
the same lot shall be the primary residence of either the owner or
property manager.
(3)
All B&B facilities shall be registered in accordance
with state and local laws.
(4)
A maximum of five guest rooms within each B&B
shall be rented at one time.
(5)
The maximum consecutive stay for any guest shall be
limited to 14 days.
(6)
Any meal provided, usually breakfast, shall be provided
for the registered guests only. Adequate parking shall be provided
on site, at a minimum of one space per guest room, plus two spaces
for the residents of the dwelling, and one space per employee who
does not reside in the dwelling. Parking shall not be permitted in
the front yard, and adequate buffers shall be provided to any adjacent
residential use.
[1]
Editor's Note: Former § 141-53,
Boardinghouses, was repealed 3-3-2002 by Ord. No. 1306.
Within any zone where a nonresidential development
abuts a residential zone or where off-street parking and loading for
six or more vehicles abuts a residential zone or where the Planning
Board deems necessary due to site conditions, the following buffer
area and landscaping requirements shall apply:
A.
Buffer areas shall be located on the nonresidential
lot along the abutting residential property lines where a nonresidential
use abuts a residential use. They shall be 10% of the average width
and depth of the nonresidential abutting property and shall be of
uniform width. The width of the buffer shall not exceed 50 feet.
B.
Buffer areas shall be maintained and kept clean of
all debris, rubbish, weeds and tall grass. Any screen planting shall
be maintained permanently, and any plant material which does not live
shall be replaced within one year or one growing season.
C.
No structure, activity, storage of materials or parking
of vehicles shall be permitted in the buffer area, except access drives
from public streets, one unlighted directional sign per each direction
of traffic per access drive and permitted signs as specified in the
district regulations.
D.
Requirements for planting in buffer area.
(1)
A solid and continuous landscaped screen shall be
planted and maintained. The landscaped screen shall consist of evergreen
trees. Trees shall be planted in an area five feet to 20 feet from
the residential line in a zigzag pattern and not more than 10 feet
apart, except where otherwise authorized by the approving authority.
They shall not be less than five feet high when planted, and the lowest
branches shall be not more than one foot above the ground.
(2)
In addition to the landscaped screen, shade trees
shall be planted by the applicant at a distance of not more than 40
feet from each other.
(3)
Shrubs shall be planted in clumps, so as not to produce
a hedge, to supplement any open spaces within the buffer.
E.
The approving authority shall have the power to waive
any or all of the buffer requirements to the extent that it determines
compliance with the same to be impracticable or unnecessary. In making
the foregoing determination, the approving authority shall review
the proposed plat, considering the size of the lot; the use being
made or contemplated of the lot; the location of the buildings, parking
areas and outdoor illumination; the topographic features of the area;
the adequacy and location of existing green areas and buffer areas;
the surrounding area and uses; and similar features.
A.
Churches are considered conditional uses and shall
be permitted in any residential district, provided that the following
controls shall apply.
B.
Minimum requirements.
(1)
Churches and places of worship shall be permitted
only on lots which are a minimum of one acre in size, located on a
major street, and have a minimum site frontage of 150 feet.
(2)
On-site parking shall be provided in accordance with the standard for churches as set forth in § 141-76 of this chapter. Parking shall not be permitted in the front yard.
(3)
Appropriate buffers shall be provided between the
parking area and adjoining residences.
(4)
No building or part thereof shall be erected nearer
than a distance of 50 feet to any property line.
(5)
All accessory buildings shall be located on the same
lot as the principal structure. The building coverage shall not exceed
30% of the lot area.
[1]
Editor's Note: Former § 141-56,
Community residential homes, was repealed 3-3-2002 by Ord. No. 1306.
A.
Before any permit shall be issued for a conditional
use, applications shall be made to the approving authority, who shall
grant or deny the application after public hearing within 95 days
of submission of a complete application to the administrative officer
or within such further time as may be consented to by the applicant.
Notice of the hearing shall include reference to all matters being
heard, including site plan and/or subdivision, and the approving authority
shall review and approve or deny the subdivision or site plan simultaneously
with the conditional use application. Failure of the approving authority
to act within the required time period shall constitute approval of
the application.
B.
In reviewing the application, the approving authority
shall review the specific requirements set forth in this chapter and
shall give due consideration to elements which would affect the public
health, welfare, safety, comfort and convenience, such as but not
limited to the proposed use(s), the character of the area, vehicular
travel patterns and access, pedestrianways, landscaping, lighting,
signs, drainage, sewage treatment, potable water supply, utilities
and structural location(s) and orientation(s).
C.
Each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the applicant even though a conditional use shall be a permitted use in the district in which it is located. All conditional uses shall require site plan approval and follow the procedures for applications as stated in § 141-32.
A.
Convenience stores shall be permitted as principal
uses in the Highway Business District and as a conditional use in
the Central Business and Professional Office Districts. All convenience
stores shall meet the following standards:
(1)
Area and bulk standards. Compliance with the area
and bulk standards of the base zoning district as specified in this
chapter.
(2)
Exterior building treatment. The building facade and
architectural treatment shall be compatible with the existing facades
in the area and subject to review by the Planning Board and its professionals.
(3)
Display windows. Display windows shall be provided
along the street consistent with the architectural character of the
area. It shall be the design intent of this component to create showcase
windows which are professionally designed and decorated and seasonally
changed.
(4)
Lighting design.
(a)
Lighting design shall be consistent with the
historic district standards recommendations or shall be designed to
be consistent with the pattern of lighting in the area and as stipulated
by the Planning Board and the Historic Preservation Commission. There
shall be three categories of lighting. They are:
(b)
The design of the lighting shall be structured
so as to compliment display window lighting, provide security, and
provide ornamental lighting along property edges and the street.
(5)
Landscape design. The applicant shall provide a landscape
plan for:
(a)
Buffer areas along the periphery of the property.
Such landscaping shall consist of a variety of no fewer than three
types of evergreen trees, a minimum of six feet high at time of planting.
Such buffer areas shall be randomly interspersed with deciduous street
trees, no less than three inches caliper, with a height of no less
than 15 feet at time of planting.
(b)
Street trees shall be provided in the parking
area with one tree for every five spaces. Such trees shall be no less
than three inches caliper, with a height of no less than 15 feet at
time of planting.
(c)
Understory plants suitable for foundation planting
shall be provided throughout the site along the edges of the primary
building, edges of parking lots and other areas such as the entranceway
to the facility.
(6)
Back-of-house buffer and screening. The back-of-house
areas commonly associated with such facilities, and used for storage
of trash receptacle loading and unloading, shall be completely screened
using the same walls and architectural materials of the main building.
Such area shall have freezeproof water connections for cleaning purposes
and the capability of weatherproof storage of recyclable materials.
(7)
Signage.
(a)
Signage shall be consistent with the historic
district standards or recommendations. A comprehensive signage plan
shall be provided which clearly identifies all types of signage and
their location on the site and building.
(b)
Identification signs and logos shall be reviewed
by the Planning Board, its professionals and the Historic Preservation
Commission for consistency with the style and character of signage
in the district.
(c)
Signs shall be:
[1]
Flat wall-mounted.
[2]
Painted, wood routed (either actual or simulated),
professionally designed, built and installed.
[3]
Sign lighting shall be frontlit. Backlit plastic
signs shall be prohibited.
[4]
Directional signs shall be erected on ornamental
posts, either wood, cast-iron or simulated cast-iron, and designed
and framed so that they are in conformance with the architecture of
the building and area.
(8)
Off-street parking.
(a)
Off-street parking shall be located in the rear
yard of the site. No off-street parking shall be permitted in front
of the use.
(b)
Cross access easements and a linkage point shall
be provided to connect the parking to adjacent commercial uses.
(c)
To the maximum extent practical, vehicle access/egress
shall be via driveways in the side or rear yard area and/or cross
access linkage to the adjoining parcels. Direct access to Haddon Avenue
shall be prohibited.
(9)
Hours of operation. Convenience stores shall not conduct
business between the hours of 1:00 a.m. and 6:00 a.m.
Unless waived by the approving authority, concrete
curbs shall be installed on all new streets and replaced on all streets
where there are existing concrete curbs at the time development takes
place. The standard curb section shall be 10 feet in length with preformed
expansion joint material on not more than twenty-foot centers and
shall be set in accordance with approved lines and grades, and radial
curbs shall be formed in a smooth curve. Chord segments are prohibited.
The finish shall be a smooth float finish with corners rounded. Concrete
curbs shall be 9 inches by 20 inches (eight-inch exposed face), using
Class B concrete having a twenty-eight-day compressive strength of
4,000 pounds per square inch and shall be air entrained. The curbing
shall be designed to provide barrier-free curb ramps constructed in
accordance with the Design Standards for Curb Ramps for the Physically
Handicapped of the New Jersey Department of Transportation.
All new streets shall be designed to accommodate
storm drainage along streets, including the installation of drainage
inlets and pipes where necessary for proper surface drainage. The
requirements of this section shall not be satisfied by the construction
of dry wells. The system shall be adequate to handle all water which
originates within the development and beyond, calculated on the basis
of maximum potential development as permitted under this chapter.
No water shall be diverted as to overload existing drainage systems
or create flooding or the need for additional drainage structures
on other lands.
A.
A twenty-year storm curve shall be used in computing
stormwater runoff from the drainage basin to determine the impact
on the drainage system under consideration.
B.
The pipe size shall be determined by drainage design
procedures acceptable to the approving authority. In no case shall
the pipe size in a surface water drainage system be less than 15 inches
in diameter.
C.
Drainage inlets shall be located at all intersections,
with inlets on both sides of the street at intervals of not more than
400 feet or such shorter distances as required to prevent the flow
of surface water from exceeding 6.0 cubic feet per second at the drainage
inlet. Access manholes shall be placed at maximum five-hundred-foot
intervals throughout the system and at pipe junctions where there
are no drainage inlets.
D.
Dished gutters on minor streets shall be permitted
only at intersections involving minor streets. Dished gutters shall
not be permitted on collector streets.
E.
Storm drainpipes running longitudinally along streets
shall not be located under curbing.
F.
Storm drainpipes shall be the size specified and laid
to the exact lines and grades approved by the Municipal Engineer.
Specifications for manholes, inlets and storm drains shall follow
the 1961 State Highway Specifications, as amended.
G.
Blocks and lots shall be graded to secure proper drainage
away from all buildings, to prevent the collection of stormwater in
pools and to avoid the concentration of stormwater from each lot to
adjacent lots.
H.
Where any development is traversed by a watercourse,
surface or underground drainageway or drainage system, channel or
stream, a drainage right-of-way easement shall be provided and dedicated
to the Borough, conforming substantially to the lines of such watercourse,
with such further width as will be adequate to accommodate expected
stormwater runoff in the future based upon reasonable growth potential
in the Borough. A minimum of 15 feet beyond the bank top on at least
one side shall be provided for access to the drainage right-of-way.
I.
Where storm drainpipes are installed outside of streets,
easements or rights-of-way shall be required.
Easements for access, utilities, or other public
needs shall be along side and/or rear property lines where possible,
shall not be less than 15 feet wide, shall be dimensioned on the plat
and shall be identified as follows: " ___________ easement granted
to the Borough of Collingswood as provided for in Ordinance No. ____________."
A.
An environmental impact statement (EIS) shall accompany
all preliminary site plans and subdivision plats. It shall be in eight-and-one-half-inch
by eleven-inch format, bound, and shall contain maps and text descriptions
which detail the following:
(1)
Background information. The report should include
the name and address of owner, applicant, design engineer, and any
other professionals associated with the project; date of report; project
title and address; description of existing use and proposed uses;
current zoning and any waivers, variances, or deviations from the
requirements of this chapter.
(2)
A description of the development specifying what and
how it is to be done during construction and operation and practical
alternate plans to achieve the objective(s).
(3)
An inventory of on-site environmental conditions and
an assessment of the probable impact of the development upon them;
water supply; geology; soils and properties thereof, including capabilities
and limitations; sewerage; topography; vegetation and landscaping;
noise characteristics and levels; land use; traffic on and around
site; aesthetics; and history. Air and water quality shall be described
with reference to the standards of the Department of Environmental
Protection and Energy of the State of New Jersey, and soils shall
be described with reference to the Soil Conservation Service categories
and characteristics.
(4)
A list and the status of the approvals needed from
federal, state or county agencies, including comments of these governmental
agencies.
(5)
An evaluation of any adverse environmental impacts
which cannot be avoided, including air and water pollution, noise,
traffic, sedimentation and siltation, and any increase in Borough
services and consequences to the Borough tax structure.
(6)
A description of steps to be taken to avoid or minimize
adverse environmental impacts during construction and operation, including
maps, schedules and other explanatory data.
B.
Notwithstanding the foregoing, the approving authority
may waive all or part of an environmental impact statement if sufficient
evidence is submitted to support a conclusion that the development
will have a slight or negligible environmental impact or that the
complete report need not be prepared to evaluate the environmental
impact of the development. A waiver from the submission of an EIS
must be requested prior to being deemed complete, and the approving
agency shall either approve, approve in part or disapprove the request
at the first regular meeting at which the application is heard.
Family day-care homes shall be permitted uses
in all residential districts and are subject to same requirements
of a single-family unit within the same zoning district contained
within this chapter. The family day-care home shall be the private,
occupied, and primary residence of the day-care provider. There shall
be no less than three and no more than five children. Services must
be provided for more than 15 hours per week. Family day-care homes
are required to be licensed and registered in accordance with the
Family Day Care Provider Registration Act.
A.
Purpose. The purpose of this section is to establish
performance standards for fast-food and other restaurants with drive-through
facilities.
B.
All fast-food restaurants are subject to the area
and bulk requirements of the district in which they are located or
the following, whichever is more restrictive:
(1)
Minimum lot size shall be 50,000 square feet.
(2)
Minimum lot width: 175 feet.
(3)
Maximum building coverage: 15%.
(4)
Maximum impervious surface, including building: 60%.
(5)
Minimum front yard: 50 feet.
(6)
Minimum side yard: 30 feet, each.
(7)
Minimum rear yard: 30 feet.
(8)
Maximum building height: 20 feet or one story.
C.
Signage shall be submitted as a comprehensive package as a portion of the preliminary site plan review and shall comply with Article IX of this chapter.
D.
Solid waste and recyclable materials shall be stored
in dumpsters that are either within the building itself or within
concrete and masonry enclosures. Proper facilities shall be installed
for adequate washing of this area.
E.
Provisions shall be made, including sidewalks and
crosswalks, for pedestrian traffic traveling to and from the site
as well as within the site.
[Amended 3-3-2003 by Ord. No. 1306; 4-6-2012 by Ord. No. 1511]
Fences and walls shall not be located in any
required sight triangle. No fence or wall shall exceed four feet in
height in front of the front yard setback line of the principal structure
or six feet in height behind such front yard setback line. Fences
in the front yard shall be open in design and be of wood, wrought
iron, or simulated wrought iron in construction. No stockade fences,
enclosed or solid fences or enclosed or solid walls shall be permitted.
No fence shall be erected of barbed wire, topped with spikes nor constructed
of any material that may be dangerous to persons or animals. On lots
with frontage on two or more streets, including corner lots, no fence
or wall shall exceed four feet in height in front of the front yard
or side yard setback line of the principal structure. Lots with frontage
on two or more streets, including corner lots, shall be considered
to have two front yards.
A home occupation shall be permitted in designated residential and commercial districts as both a permitted accessory use or as a conditional use. The home occupation is governed by the nature of the business, the percentage of living space occupied by the use, and the impact of the use on the surrounding area. Home occupations shall take place in either home personal offices or home professional offices, with the later being the more intensive. Sections 141-67 and 141-68 provide the standards for the offices in which a home occupation may operate.
Home personal offices for limited business and
trade are permitted as principal uses in the Professional Office District
and as accessory uses and conditional uses in designated zoning districts,
provided that:
A.
The office is clearly incidental to the residential
use of the dwelling unit and shall not change the essential character
of the dwelling.
B.
The office use shall not constitute more than 10%
of the building.
C.
The office shall be for the use of the business owner
or employee residing in the dwelling and shall not be used by nonresident
employees.
D.
The office shall not be used for meeting clients,
patrons, or customers. No retail sales are permitted.
E.
No goods, materials, or supplies shall be delivered
to the premises, except as carried by the resident employee in their
vehicle or by a recognized delivery service.
F.
No materials or good may be stored outside.
G.
No signs identifying the business shall be permitted.
H.
The business shall be properly registered in accordance
with local ordinances.
Home professional offices for business or trade
are permitted as conditional uses in residential zoning districts
and as a permitted principal use in the Professional Office District.
The following standards shall apply to all home professional offices:
A.
A home professional office shall be utilized solely
by resident occupants of the dwelling, except that no more than two
persons who are not residents of the dwelling may be employed on the
premises at any one time.
B.
No more than 500 square feet or the equivalent of
50% of the first floor area of the building, whichever is smaller,
shall be used for the home professional office.
C.
No display of products shall be visible from the street,
and no article shall be offered for sale from the premises.
D.
The residential character of the building shall not
be changed.
E.
The home professional office shall be located entirely
within the dwelling.
[Amended 4-6-2012 by Ord. No. 1507]
F.
No occupational sound shall be audible from outside
the building. No machinery or equipment shall be used which will cause
interference with radio or television reception in the neighboring
residences.
G.
Adequate parking shall be provided. Parking shall meet not only the minimum requirement for the dwelling but also for a professional office as stated in § 141-76 of this chapter. Appropriate buffers shall be provided between the parking area and adjoining residential uses or residential zoning districts.
H.
No more than one nameplate sign or sign of two square
feet or less shall be permitted. Such sign may be attached to the
residence.
I.
All area and bulk requirements of the zoning district
in which the home professional office is to be located must be met.
All commercial and industrial developments are
required to submit a detailed landscape plan, prepared by a licensed
professional authorized to prepare landscape plans, with the site
plan application. The following items shall be reflected either on
the landscape plan or within the required environmental impact statement:
A.
All areas not covered by roadways, walkways, parking
areas, etc., must be landscaped with natural materials.
C.
Each type of development requires a varying amount of landscaping. All parking areas shall conform with the standards included in § 141-76. The following minimum landscaping materials do not include required buffer plantings but may include existing vegetation:
(1)
Commercial and industrial properties: One tree per
50 feet of perimeter property line, plus building, parking, and walkway
edges shall be treated with ground cover or shrubs. All parking areas
shall be screened from rights-of-way and residential properties. In
areas where landscaping is unable to be provided due to building setbacks,
the approving authority may waive landscape requirements.
(2)
Residential properties: two trees per dwelling unit
D.
A planting and maintenance schedule shall be included
on each landscape plan detailing the number, name and size of each
type of plant to be installed as well as the symbol used to represent
each plant on the drawing and the person or organization responsible
for maintenance.
A.
Child-care centers serving three children or fewer
as an accessory use to a single-family dwelling shall be subject to
the conditions for a home occupation as set forth herein. Family day-care
homes, which serve three to five children in the residence of the
day-care provider, are subject to the provisions of family day-care
homes set forth within this chapter.
B.
Licensed day-care centers shall be permitted in all
nonresidential zoning districts of the Borough, provided that the
following standards are met:
(1)
The child-care center shall be properly registered
with the state and licensed with Department of Human Services.
(2)
The child-care center and all accessory development
shall comply with the minimum area and bulk requirements of the zoning
district in which the center is located.
(3)
The location and size of a child-care center shall
be permanently deed-restricted in order to qualify for the parking,
density, or floor area ratio exclusions allowed in N.J.S.A. 40:55D-66.6
and 40:55D-66.7.
(4)
Adequate parking shall be provided at a rate of one
space per staff person on the maximum shift, plus one space per three
children. Appropriate buffers shall be provided between the on-site
parking and any adjoining residential uses or zoning districts.
(5)
Parking shall not be permitted in the front yard.
(6)
An off-street pickup and dropoff area shall be provided
which shall be located so that vehicles will not have to back onto
or off the street to use the area.
(7)
Any outdoor play area shall be fenced and supervised
by a staff member at all times when children are present.
(8)
Where the play area is accessed directly from the
building, an access gate shall be provided for use by emergency personnel
and equipment.
(9)
Details of all proposed play equipment shall be provided
at time of site plan approval
The objective is to minimize undesirable off-site
effects. All area lighting in places such as parking lots or security
shall provide translucent fixtures with shields around the light source.
The light intensity at ground level shall be a minimum of 1.0 footcandle.
The total quantity of light radiated above a horizontal plane passing
through the light source shall not exceed 7.5%. For recreation purposes,
more intense lighting may be permitted. In all instances, no lighting
source shall shine or reflect into windows or onto streets and driveways.
No lighting shall be a yellow, red, green or blue beam nor be a rotating,
pulsating or other intermittent frequency.
These uses shall be permitted only on lots which
are a minimum of one acre in size and located on a major street. On-site
parking shall be provided at the rate of one space for every three
allowable occupants. "Allowable occupants" shall mean the occupancy
load established under the New Jersey Uniform Construction Code.[1] Appropriate buffers shall be provided between the parking
area and adjoining residential uses or zoning districts.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
A.
Where two or more contiguous lots exist under the
same ownership and one or more of said lots do not conform to the
area and/or dimension requirements of this chapter, said contiguous
lots shall be considered merged into the greatest number of conforming
lots.
B.
Any nonconforming lot existing on the date of passage of this chapter and not meeting the definition of Subsection A may have a building permit issued for a permitted use without an appeal for a variance, provided that the building coverage is not exceeded, the new structure does not violate any height or setback requirements, parking requirements are met and the nonconforming lot abuts lots on either side that are developed and the nonconforming lot is the largest possible assemblage of contiguous land under Subsection A. The side and rear yards may be reduced to the same percentage that the area of the undersized lot bears to the zone district requirements, except that no yard shall be less than half that required by this chapter or five feet, whichever is greater.
No house trailer or mobile home shall be permitted
to be used, either temporarily or permanently, for storage, living
or sleeping purposes in any district; nor shall any house trailer
or mobile home be placed or installed on any lot or parcel of land
in any district where such trailer or mobile home is placed upon concrete
blocks or connected with the ground or a structure in such manner
that such placement or installation is or appears to be permanent.
The temporary use of a house trailer or mobile home by a commercial
or business establishment in a business or industrial district while
a permanent structure is being constructed for it shall not be deemed
to be a violation of this section.
The lawful use of land or a structure existing
on the date of passage of this chapter may be continued although it
may not conform to this chapter. Land on which a nonconforming use
or structure is located and any nonconforming lot shall not be subdivided
so as to be made more nonconforming.
A.
Abandonment. It shall be considered prima facie evidence
of abandonment of a nonconforming use if it is terminated by the owner
or if a nonconforming use is discontinued for 12 consecutive months.
The subsequent use of the abandoned use shall be in conformity with
this chapter.
B.
Maintenance may be made to a nonconforming use, structure
or lot, provided that the work does not change the use, expand the
building or the functional use of the building, increase the area
of a lot used for a nonconforming purpose or increase the nonconformity
in any manner.
C.
Building additions. Where an existing structure with
a permitted use is located on a conforming or nonconforming lot which
violates any yard requirements, alterations and additions may be made
to the principal building and/or an accessory building erected without
an appeal for a variance, provided that the total permitted building
coverage is not exceeded and that the accessory building and/or the
addition does not increase the size of that part of the structure
violating the yard requirement and does not violate any other requirements
of this chapter. Where a residential use is nonconforming solely because
of failure to meet the off-street parking requirements of this chapter,
such additions may be made and/or accessory building may be erected,
provided that the use is not changed in whole or in part and that
the total building and/or the addition do not violate any other requirements
of this chapter.
D.
Change of use and building additions. Where a nonresidential
use is nonconforming solely because of failure to meet the off-street
parking, loading or buffer requirements of this chapter, alterations
may be made to the building without an appeal for a variance, provided
that the gross floor area is not increased and there is no change
in use.
E.
Any nonconforming structure or use which has been
partially damaged by fire, explosion, flood, windstorm or act of God
may be restored. The structure as restored shall not exceed the height,
area and bulk of the original structure. Restoration must commence
within 12 months of the date the building was damaged, and such reconstruction
must be carried out without interruption.
A.
Minimum parking requirements. The number of spaces
shall be based on the following schedule:
|
Type of Use
|
Number of Parking Spaces
| |
|---|---|---|
|
Animal clinics and hospitals
|
1 per 150 square feet gross floor area
| |
|
Art galleries and libraries
|
1 per 200 square feet of gross floor area
| |
|
Assembly hall, auditorium, theater, community
center there are no fixed seats
|
1 per 3 seats or 1 per 150 square feet of gross
floor area where
| |
|
Auto sales area and sales office, plus 4 per
service bay, if applicable
|
1 per 300 square feet of showroom
| |
|
Banks and financial institutions
|
1 per 250 square feet of gross floor area
| |
|
Bars, taverns
|
1 per 2 service seats
| |
|
Beauty salons, barber shops, recreational center/clubs,
gyms
|
1 per 75 square feet of gross floor area
| |
|
Bowling alley
|
5 per alley, plus required spaces for other
internal uses
| |
|
Business, general
|
1 per 200 square feet of gross floor area
| |
|
Car wash, automatic
|
10 stacking spaces per washing lane, plus 1
space per employee (minimum of 4)
| |
|
Car wash, self-service
|
3 stacking spaces per washing lane, plus 1 space
per employee (minimum of 2)
| |
|
Church
|
1 per 3 seats or 1 per 62 inches of pew space
and 1 per 100 square feet gross floor area of assembly and meeting
rooms
| |
|
Convenience store
|
1 per 100 square feet of gross floor area
| |
|
Child-care facilities
|
1 space per 3 students, plus 1 space per employee
on maximum shift
| |
|
Dwelling unit
|
2
| |
|
Fast-food/drive-through
|
1 per 100 square feet of gross floor area
| |
|
Fire station/police
|
1 per 250 square feet of gross floor area
| |
|
Funeral home/mortuary
|
10 per viewing room and chapel, with a minimum
of 30
| |
|
Hospital/medical center
|
1 per 250 square feet of gross floor area
| |
|
Hotel/motel/lodging
|
1 per room, plus 1 per employee on maximum shift,
plus required spaces for other uses
| |
|
Industrial/manufacturing
|
1 per 800 square feet of gross floor area
| |
|
Office, general
|
1 per 300 square feet of gross floor area
| |
|
Office, medical and dental
|
1 per 100 square feet of gross floor area
| |
|
Office, professional
|
1 per each professional employee, plus 1 per
250 square feet gross floor area for clients
| |
|
Postal and parcel centers, printing and duplicating,
studios for dance, music and arts
|
1 per 200 square feet of gross floor area
| |
|
Rehabilitation centers
|
1 per 250 square feet of gross floor area
| |
|
Research laboratory
|
1 per 500 square feet of gross floor area
| |
|
Restaurant
|
1 per 3 seats
| |
|
Retail sales and services
|
1 per 200 square feet of gross floor area
| |
|
Schools, elementary
|
2 per classroom
| |
|
Schools, high school
|
4 per classroom
| |
|
Schools, vocational or trade
|
5 per classroom
| |
|
Service station
|
4 per bay and work area, but not less than 4
| |
|
Shopping center (up to 80,000 square feet of
gross leasable area)
|
5 spaces per 1,000 square feet gross leasable
area
| |
|
Shopping center (over 80,000 square feet of
gross leasable area)
|
5 spaces per 1,000 square feet gross leasable
area
| |
|
Theater, movie
|
1 per 3 seats; 1 per 4 seats for theaters in
shopping centers
| |
|
Utilities
|
1
|
B.
Uses which have frontage on Haddon Avenue shall not
be required to provide on-site parking, provided that there is no
increase in the gross floor area of the building. Lots with frontage
on Haddon Avenue which have existing parking or loading areas shall
not be permitted to reduce the supply of such parking or loading,
and the supply may be increased but there shall be no new direct access
drives to the parking or loading areas from Haddon Avenue. If a new
building is constructed or an existing building expanded along Haddon
Avenue, off-site parking shall be required or existing on-site parking
shall be expanded to accommodate the added floor area. Any off-site
parking shall have appropriate control to assure its continued availability
for parking.
C.
Parking lot setback and location. Parking spaces located
to serve residential uses shall be within 150 feet of the entrance
of the building and within 300 feet of commercial/industrial uses.
In single-family residential districts, no off-site parking spaces
shall be located in the front of the principal structure, except for
those vehicles temporarily parked within a designated, paved driveway.
For all other zoning districts, the parking setbacks are as follows:
|
Zoning District
|
Minimum Required Parking Setback
(feet)
| |||
|---|---|---|---|---|
|
Front
|
Side
|
Rear
| ||
|
MF
|
20
|
10
|
10
| |
|
CBD
|
N/A
|
5
|
10
| |
|
POD
|
Not permitted
|
10
|
10
| |
|
HBD
|
35
|
15
|
20
| |
|
HID
|
35
|
15
|
20
| |
D.
Access to on-site parking and loading spaces. Access
shall be by on-site aisles to permit each vehicle to proceed to and
from each space without moving another vehicle. Parking spaces shall
not be an extension of any street right-of-way nor shall be designed
or located that a vehicle would be required to back into a right-of-way.
No parking shall be permitted in fire lanes, streets, driveways, aisles,
sidewalks or turning areas.
E.
Parking space dimensions.
(1)
Off-street parking spaces shall be 9 feet wide and
18 feet in length. Parking area shall provide handicap parking spaces
which meet all the requirement of the Americans with Disabilities
Act (ADA).
(2)
Parking aisle widths. The following aisle widths,
based on the proposed angle of the parking spaces, are required:
|
Angle of Parking Space
(degrees)
|
Width of One-Way Aisle
(feet)
|
Width of Two-Way Aisle
(feet)
|
|---|---|---|
|
90
|
22
|
23
|
|
60
|
18
|
20
|
|
45
|
15
|
20
|
|
30
|
12
|
18
|
|
0 (parallel)
|
12
|
18
|
(3)
Off-street loading spaces shall have 15 feet of vertical
clearance and shall be designed as follows:
|
Loading Space
|
Apron Length
(feet)
| ||
|---|---|---|---|
|
Length
(feet)
|
Width
(feet)
|
90-Degree
Angle
|
60-Degree
Angle
|
|
60
|
10
|
72
|
66
|
|
60
|
12
|
63
|
57
|
|
60
|
14
|
60
|
54
|
F.
Driveways providing site ingress and egress. Driveway
openings on state, county, or other agencies having jurisdiction shall
comply with standards set forth by those agencies. Any site plan or
subdivision proposing private driveway openings on public streets
or roads shall comply with the following:
(1)
Spacing. Drives shall be limited to two drives per
lot to any one street, except that when the frontage exceeds 500 feet.
In this case, the number of drives may be based on one drive for each
250 feet of property frontage.
(2)
Location. The center lines of access points shall
be spaced at least 100 feet apart. Each drive shall handle no more
than two lanes of traffic and shall be at least 50 feet from the street
line of any intersecting street.
(3)
Improvements. Curbing shall be either depressed at
the driveway or have the curbing rounded at the corners with the access
drive connected to the street in the same manner as another street.
(4)
Widths. The dimensions of driveways shall be designated
and designed to adequately accommodate the volume and character of
vehicles for which a site plan is prepared. The required minimum and
maximum dimensions are indicated below:
|
One-Way Operation
|
Two-Way Operation
| |||
|---|---|---|---|---|
|
Curbline Opening
(feet)
|
Driveway Width
(feet)
|
Curbline Opening
(feet)
|
Driveway Width
(feet)
| |
|
3 - 10 family residences
|
12-15
|
10-13
|
12-30
|
10-26
|
|
Over 10 family residences
|
12-30
|
10-26
|
24-36
|
20-30
|
|
Commercial and industrial
|
24-50
|
24-34
|
24-50
|
24-46
|
(5)
Site distance. Any exit driveway shall be located
as to permit the following maximum site distance measured in each
direction along any abutting public right-of-way:
|
Allowable Speed on Road
(mph)
|
Required Site Distance
(feet)
|
|---|---|
|
25
|
150
|
|
30
|
200
|
|
35
|
250
|
|
40
|
300
|
|
45
|
350
|
|
50
|
400
|
(6)
Intersections. Driveways used for two-way traffic
shall intersect any road at any angle as nearly as 90 degrees as site
conditions will permit.
G.
Surfacing.
[Amended 3-3-2002 by Ord. No. 1306; 3-1-2021 by Ord. No. 1703]
(1)
Parking lot and associated driveway surfacing shall be approved as
part of the plan approval. Areas to experience heavy traffic shall
be paved with not less than four inches of compacted plant-mixed bituminous
stabilized base course constructed in layers not more than two inches
compacted thickness or equivalent and a minimum two-inch-thick compacted
wearing surface of bituminous concrete (FABC) or equivalent. All shall
be constructed in accordance with the Standard Specifications of the
New Jersey Department of Transportation.
(2)
Residential driveways shall be constructed using any of the following
methods:
(a)
Bituminous concrete with a four-inch dense-graded aggregate
base course and two-inch top coat of Hot Mix Asphalt 9.5M64 Surface
Course (using NJDOT specification).
(b)
Concrete with six-inch depth using a 4,000 PSI mix on well-compacted
subgrade.
(c)
Bricks or pavers constructed on a four-inch base of 3,500 PSI
concrete mix.
(d)
Concrete ribbons or strips, 18 inches wide with a grass or turf
median. Ribbons or strips must meet the above specifications for base
depth and materials of residential driveway concrete surfaces.
(e)
Permeable paver systems. Base materials must be installed to
manufacturer's specifications. Base and intermediate fill material
must be sufficiently held in place. To be constructed in accordance
with the current New Jersey Best Management Practices Manuel Chapter
9.7.
(f)
Permeable concrete or asphalt system. Base depth and materials
installed to manufacturers specifications. To be constructed in accordance
with the current New Jersey Best Management Practices Manuel Chapter
9.7.
(g)
Plastic grid systems with permeable grass infill. Base depth
and materials installed to manufacturers specifications.
(3)
Any surfacing material that is impervious, or constructed on a compact
impervious base, shall conform to coverage area requirements for the
lot. Permeable materials shall contribute a proportion of their area
to the lot coverage requirements dependent on the displacement of
water runoff from each specific installation. Specifications of permeable
surface systems must be provided to the Zoning Officer in order to
make this determination.
H.
Landscaping in parking and loading areas. All proposed
and existing landscaping and buffering shall be shown on the site
plan and comply with the following:
(1)
Unless superceded by applicable zoning regulations,
a minimum of 15% of all parking areas shall be landscaped. Landscaping
shall be located in protected areas, along walkways, in center and
end islands and in all irregular spaces not used for parking.
(2)
The required setback of parking lots shall be utilized
and maintained as a buffer. Buffer areas shall consist of evergreen
and canopy trees, shrubs, berms, and fences.
(3)
Trees shall be spaced so as not to interfere with
driver vision (shall not exceed three feet in a site triangle) and
to have branches no lower than seven feet for pedestrian access.
(4)
In parking areas with more than 15 spaces, canopy
tress (two and one-half inches in caliper and 12 feet to 15 feet in
height) shall be placed in parking islands at the rate of at least
one tree for every 10 parking spaces.
(5)
All areas between the parking area and the building
shall be landscaped with trees, shrubs and ground cover.
(6)
Any plantings that do not live shall be replaced within
one year or one growing season.
I.
Lighting in parking and loading areas. Lighting in parking areas shall comply with § 141-71 contained within this chapter. In addition those requirements, no lighting fixture shall be mounted higher than 25 feet. Also, pedestrian-oriented lighting shall be provided along walkways if the lighting minimums cannot or will not be met throughout the site.
J.
Parking specific to commercial and recreational vehicles.
(1)
No more than one commercial vehicle with a gross vehicle
weight of less than 10,000 pounds may be parked, stored or garaged
at any dwelling unit or on public streets within the residential zones
of the Borough.
(2)
The parking, storing or garaging of any commercial
vehicle with a gross vehicle weight of 10,000 pounds or more is prohibited
within the residential zones of the Borough.
(3)
The parking, storing or garaging of any commercial-type
equipment, including but not limited to trailers, chippers, mixers,
backhoes and bulldozers, is prohibited within the residential zones
of the Borough.
(4)
Recreation vehicles and equipment, including but not
limited to boats, trailers and campers, may be parked, stored or garaged
within the residential zones as long as they are not parked, stored
or garaged within the required front yard setback area and so located
to the rear of the front building line of a dwelling. Recreational
vehicles shall be limited to one vehicle per residence, and said vehicle
must be owned by the occupant of said residence.
[Amended 7-7-2008 by Ord. No. 1446]
(5)
Nothing herein, however, shall prohibit the temporary
parking of a commercial vehicle for the purpose of performing services
or making pickups or deliveries in the regular course of business.
[Amended 3-5-2001 by Ord. No. 1247]
A.
Purpose. The purpose of this section is to establish
a procedure and authorize rules and regulations thereunder for the
licensing of outdoor cafes in the Central Business District (CBD)
Zone of the Borough of Collingswood. The Borough has determined that
outdoor cafes will promote the public interest by adding to the active
and attractive pedestrian environment created by them and provide
the opportunity for creative, colorful, pedestrian-focused commercial
activities on a day, night and seasonal basis, which activities are
aesthetically pleasing and will add to the excitement, charm, vitality
and diversity of the Central Business District.
B.
OUTDOOR CAFE
SIDEWALK
Definitions. For the purpose of this section, the
following words shall have the meaning respectively ascribed in this
section:
Any commercial establishment where food and other refreshments
are served upon the public right-of-way, namely the sidewalks immediately
in front of any restaurant or cafe.
[Amended 5-5-2008 by Ord. No. 1445; 7-7-2009 by Ord. No. 1467]
That area of the public right-of-way reserved for pedestrian
traffic from the curb to the front line of the building housing the
eating establishment.
C.
Requirement of license. It shall be unlawful for any
person, firm, partnership, corporation, association or organization
of any kind (hereinafter collectively referred to as "person") to
create, establish, operate, maintain or otherwise be engaged in the
business of conducting an outdoor cafe upon the sidewalks of the Borough
of Collingswood, or on private property, unless such person shall
hold a currently valid license issued pursuant to the terms of this
section.
D.
No license shall be issued hereunder unless the applicant
shall demonstrate that a minimum of five feet will be available for
pedestrian traffic around such outdoor cafe and that such outdoor
cafe will be directly in front of a "commercial establishment," as
hereinafter defined for eating establishments. No food or drinks served
at such outdoor cafe shall be prepared or stored other than in the
interior of the eating establishment. The term "directly in front
of" shall confine the outdoor cafe to the area represented by an extension
of each side of the building occupied by the commercial establishment
projected directly to the curbline immediately in front thereof. The
perimeter of the cafe area shall be more than 50 feet from any driveway
or alley
[Amended 5-5-2008 by Ord. No. 1445; 7-11-2011 by Ord. No. 1501]
E.
Application for license. Application for the license
required hereunder shall be made to the Zoning Officer and shall be
signed by the applicant. The application shall contain the following
information:
(1)
The name, residence, address, and telephone
number of each individual, owner, partner, or, if a domestic corporation,
the names, residences, addresses, and telephone numbers of the directors
and officers owning a 10% or greater interest in the corporation and
the chief operating executive of the corporation and, if a nondomestic
corporation, the name, residence, address, and telephone number of
the managing officer for service of process within the State of New
Jersey and a copy of the qualification of said nondomestic corporation
to conduct business in the State of New Jersey.
(2)
A copy of the trade, corporate, business, or
fictitious name upon which the applicant intends to do business pursuant
to this section.
(3)
The address and description of each place where
the applicant intends to establish or operate an outdoor cafe.
(4)
The name and address of the person owning the
premises, if other than the applicant, and the consent of the owner
of the premises to the application.
(5)
Three sets of a proposed layout plan containing
scaled drawings prepared by a licensed professional architect or engineer
clearly illustrating the number, type of materials, color and location
of all tables, chairs, umbrellas, or other furnishings or fixtures
intended to be located in the outdoor cafe. All tables and chairs
must be constructed of material of sufficient weight so as to not
be affected by high winds. The perimeter of the outdoor cafe shall
be defined and set off by a portable-type enclosure, which may include
live potted plantings on Borough property. The enclosure shall define
the perimeter of the area to be used as an outdoor cafe and shall
separate it from the pedestrians traversing the adjacent sidewalk.
The enclosure shall not contain doors or windows nor air-conditioning
or heating equipment and shall be open at all times to the air, and
the barrier shall not have a height of more than three feet. Awnings
or outdoor umbrellas extending over the enclosure are permitted, provided
that the lowest portion of the awning or umbrella is not less than
seven feet above the adjacent sidewalk and does not extend more than
one foot beyond the enclosure. The scaled drawings shall also illustrate
the following:
(a)
The location of any doors leading from the commercial
establishment to the outdoor cafe. No such doors may be obstructed
in any manner.
[Amended 5-5-2008 by Ord. No. 1445]
(b)
The number of feet and location of unobstructed
space permitting free passage of pedestrian traffic around each outdoor
cafe.
(c)
The location of the place where any food or
drink is intended to be prepared.
(d)
The enclosure or protective barrier separating
the dining or activity area of each outdoor cafe from pedestrian traffic,
which shall be indicated by a plan, elevation and section.
[Amended 5-5-2008 by Ord. No. 1445]
(e)
The location of all bus stops, fire hydrants,
utility poles, benches, handicap ramps, street furniture, trees and
any other fixtures permanently located on the sidewalk in front of
the commercial establishment or within 10 feet thereof on either or
any side.
[Amended 5-5-2008 by Ord. No. 1445]
(f)
The type and location of any proposed outdoor
lighting and fixtures and should include the following information:
mounting height, lamp type and lumens. Any open-flame-type fixture
shall only be permitted with the approval of the Fire Official.
F.
Zoning Officer review of application. The Zoning Officer
will review the application for completeness and compliance with the
terms of this section. If the application is complete, the Zoning
Officer will act upon the same within 10 business days after the application
becomes complete. If the application is not complete, the Zoning Officer
will so notify the applicant within 10 business days of the submission
and specifically detail the areas in which the application lacks compliance
with the requirements of this section.
G.
Issuance of license. If the application complies with
this section, the Zoning Officer shall issue a license strictly subject
to the terms and conditions of this section.
H.
Transfer of license. The license is personal to the
applicant, and any change or transfer of ownership of the outdoor
cafe shall terminate the license and shall require a new application
and a new license in conformance with all of the requirements of this
section.
I.
Inspection of outdoor cafe. Acceptance of the license
by the applicant shall operate as a consent to the Health, Fire, Police
and Building Officials of the Borough to inspect the outdoor cafe
for continued compliance with the terms and conditions of this section
and any federal, state, county or local law, ordinance or regulation
affecting the same.
J.
Indemnity. No license required by this section shall
be granted to any person to operate an outdoor cafe until such person
shall have filed with the Zoning Officer a statement agreeing to indemnify
and hold harmless the Borough of Collingswood, its agents, servants,
representatives or employees from any or all claims, damages, judgment
costs or expenses, including attorneys' fees, which they or any of
them may incur or be required to pay because of any personal injury,
including death, or property damage suffered by any person or persons
as a result of or related in any way to the operation and maintenance
of the outdoor cafe for which the license is issued.
K.
Revocability of license. Any license issued hereunder
is issued solely as a revocable license, which shall be subject to
revocation or suspension by the Borough Clerk for failure of any licensee
to comply with this section or for violation of any other applicable
federal, state, county or municipal law, regulation or ordinance.
Any license issued hereunder is issued upon the express understanding
that the licensee obtains no property right thereunder nor any interest
in the continuation of said license.
L.
Unlawful operation of outdoor cafe. It shall be unlawful
for any person to operate an outdoor cafe after the suspension or
termination of the applicable license.
M.
Cleanliness of area. Each licensee is responsible
for keeping the area of the outdoor cafe and the adjacent sidewalks
and streets free and clear of debris or litter occasioned by the outdoor
cafe. Areas must be cleaned as needed and at the time that business
is closed and at the beginning of each business day, but not later
than 9:00 a.m.
N.
Vending machines. No vending machines of any kind
are permitted on the exterior of any building operating an outdoor
cafe.
O.
Signs. No signs shall be permitted in the area of the outdoor cafe except easel and awning signs complying with Article IX, Signs, of this chapter. There shall be no logos or advertising upon any umbrellas without prior approval of the Collingswood Planning Board.
P.
Modification, suspension or revocation of license.
In addition to the powers of suspension or revocation as set forth
above, the Borough reserves the right to modify, suspend or revoke
any license on 10 days' written notice if the Borough determines that
the pedestrian operation of the outdoor cafe has violated the terms
and/or conditions of its approval, is a hazard to public safety or
because of any other safety issue within the Borough because of such
operation. The license may also be suspended or revoked on 10 days'
written notice in the event the Borough determines that it is necessary
to utilize the area or any part thereof for the maintenance or installation
of underground utilities. In the event of any emergency, which emergency
is certified by the Borough Clerk, the license may be suspended or
revoked without notice.
Q.
Duration and renewal. Outdoor cafes shall be permitted
to be operated from March 1 to November 30 in any calendar year.
[Amended 5-5-2008 by Ord. No. 1445]
R.
Outdoor equipment. No tables, chairs or other equipment
used in the outdoor cafe shall be attached, chained or in any manner
affixed to any tree, post, sign, curb or sidewalk or property for
the Borough of Collingswood within or near the licensed area. All
equipment used in connection with the operation of an outdoor cafe
shall be of sufficient size and weight to avoid being blown about
by the wind. No food items shall be served upon paper, Styrofoam or
with plastic utensils. All equipment, tables, chairs, umbrellas, etc.,
pertaining to the outdoor seating area shall be removed at the end
of each and every evening and secured within the confines of the building.
No equipment, tables, chairs or any other material of any kind shall
be permitted to remain outdoors during hours in which the business
is not open to the public and operating.
S.
Termination of license. The licensee agrees at the
end of the license period, or in the event that the license is temporarily
or permanently suspended or revoked, that the licensee will at his
own cost and expense vacate the sidewalk space and promptly remove
any property placed thereon. Failure to do so on five days' written
notice shall grant to the Borough the right to remove any property
on the sidewalk, and the licensee agrees to reimburse the Borough
for the cost of removing and storing the same.
[Amended 7-3-2006 by Ord. No. 1406; 11-3-2008 by Ord. No. 1454; 5-2-2022 by Ord. No. 1738; 5-2-2022 by Ord. No. 1739]
A.
Limitation. No merchandise, wares, goods, foods, etc., is permitted
to be sold or offered for sale on any sidewalk or sidewalk right-of-way
or public thoroughfare or public highway or public property within
the Borough of Collingswood, except as provided herein.
B.
Permitted activities.
(1)
From time to time, charitable festivals and other organized
activities are conducted within the CBD Central Business Districts
of the Borough of Collingswood.
(2)
Whenever the governing body of the Borough of Collingswood authorizes
such charitable festivals and/or other such organized activities to
occur within the CBD District, the following requirements shall apply:
(a)
Charitable organizations and/or nonprofit organizations and
their agents, servants, and/or employees are permitted to peddle,
solicit, canvass and/or sell merchandise, etc., during such charitable
festivals or such other organized activity upon the public sidewalks
and other public property, as long as a minimum four-foot safe, continuous,
unobstructed path is maintained on the sidewalk;
(b)
The various shops and stores within the CBD District may not
display their merchandise on the sidewalk directly in front of their
stores or shops and may not make sales from such locations during
the charitable festival or other organized activity, unless the governing
body of the Borough of Collingswood authorized such activity in advance
of the charitable festival and/or such organized activity for a shop
or store within the CBD District to display and sell its merchandise.
(c)
No other peddler, solicitor, canvasser person and/or entity
shall be permitted to peddle, solicit, canvass, sell, or offer for
sale any merchandise during such charitable festival or other organized
activity.
(3)
A "charitable festival" or "organized charitable activity" is
defined as one or more nonprofit organizations and/or nonprofit entities
conducting an organized endeavor wherein merchandise may be sold,
entertainment may be provided, celebration may be conducted, etc.,
all for the purpose of raising monies for charitable purposes.
C.
Exceptions. The following entities and individuals are exempt from the provisions of § 141-76.2B, above:
(1)
Political group: a nonprofit association of persons sponsoring
or advocating certain ideas of government or maintaining certain political
principles or beliefs in public policies of government or advocating
the candidacy of any individual for elective office;
(2)
Religious group: a nonprofit association of persons associated
for the purpose of maintaining, advocating and/or espousing certain
religious principles and beliefs;
(3)
Charitable group: a nonprofit association of persons that freely
and voluntarily administers to the needs of those persons in need
of goods and services who are unable to provide for themselves and
generally organized to serve the public good and welfare without profit;
(4)
Civic group: a nonprofit association of persons engaged in promoting
the common good and general welfare of the residents of the Borough
of Collingswood. Such definition shall include but not be limited
to school groups, benevolent societies and service clubs engaged in
nonprofit activities.
D.
Displays of certain merchandise and ornamental plantings.
(1)
The purpose of this subsection is to permit certain outdoor
decorative displays of merchandise and plantings in front of stores
within the Central Business District to assist the merchants to market
their merchandise and goods and to enhance the beauty of the Borough
of Collingswood.
(2)
Ornamental plantings, merchandise, and goods except clothing,
shoes, personal apparel and garments which are offered for sale within
a store with sidewalk frontage may be displayed in front of the exterior
store front on privately owned property in the Central Business District
provided that it does not obstruct the sidewalk right-of-way. Clothing
shall only be displayed on a mannequin. There shall be no more than
one mannequin per store. The clothing shall be worn by the mannequin
and not merely draped upon it.
(3)
Merchandise, goods and ornamental plantings shall be tastefully
and decoratively displayed and located no more than 24 inches (measuring
perpendicular from the front edge) from the front wall of the building
in which the store is located. The merchandise, goods or ornamental
plantings or display shall not extend beyond four linear feet. The
display shall not obstruct the storefront entrance and shall not extend
above five feet from the sidewalk surface.
(4)
A safe, continuous, unobstructed path on the public sidewalk
with a minimum of four feet must be maintained for pedestrian traffic
to pass in front of the property having an outdoor decorative display.
In addition, a minimum unobstructed distance of five feet from the
street curb must be maintained from the curb as well.
(5)
No other merchandise, wares, goods, foods, clothing, apparel,
etc., may be displayed on the exterior of any store or building, either
on private property or in the public right-of-way, except as provided
herein.
(6)
The decorative display shall not contain any type of lighting
within the display, except holiday lighting on ornamental plantings.
The decorative display shall not contain electronic and/or mechanical
moving devices or items even if offered for sale within the stores.
The decorative display shall not contain any signage.
(7)
The above referred to merchandise and goods permitted to be
displayed in front of the exterior store front may be displayed on
temporary removable supports such as racks, benches, shelves, decorative
carts, etc., and shall be removed at the end of each day of business.
(8)
No sales may occur outside the store. All sales must be conducted
within the store. The goods and merchandise within the decorative
display are not to be sold on the sidewalk.
(9)
No display shall contain any sound or lighting of any kind and
no electrical power devices such as television, Internet/computer
or other similar devices shall be permitted. No merchandise, instruments,
devices or paraphernalia which are designed for use in connection
with a specified sexual activity, as defined in N.J.S.A. 2C:34-6,
may be displayed.
(10)
Businesses with any cafe tables and chairs or a sandwich board
on the exterior of their buildings shall not be permitted to maintain
an outdoor display.
(11)
All displays of merchandise and goods under the provisions of
this chapter, and all window boxes or other exterior fixtures on a
commercial building, shall be kept neat and clean and free from dead
plants, trash, litter, and other debris.
(12)
In the event that the Zoning Officer determines that any decorative
display of merchandise and goods is in a state of disrepair, unkempt
or unclean or presents the potential of a pedestrian hazard or otherwise
fails to comply with the provisions of this section, the business
owner shall immediately correct the display at the request of the
Zoning Officer. The Zoning Officer shall also be authorized to order
the business owner to discontinue the display for failure to comply
with this section or the request to correct the display. If the Zoning
Officer has determined that the business/building is in violation
of any other municipal ordinance or regulation or state statute or
regulation, the Zoning Officer shall give written notice of the unsatisfactory
condition of the business/building and/or the violation of the terms
of the ordinance, statute or regulation, and the business will be
required to correct all the violation(s) within 15 days of notice
from the Zoning Officer except in such instances that the violation
presents a hazardous condition to public safety, at which time it
must be immediately terminated.
(13)
The Zoning Officer shall be authorized to file a complaint in
Municipal Court against any business owner that establishes or maintains
an outdoor display in violation of the provisions of this section.
Any person being found in violation of this section shall be subject
to a fine in an amount not to exceed $1,000 for each violation.
(14)
A business with two violations of this chapter should forfeit
the right to establish or maintain outdoor displays.
(15)
Any application for a variance from this subsection shall be
submitted to the Planning Board of the Borough of Collingswood. The
filing fee for such a variance application shall be $50.
A.
Electricity. Electronic equipment shall be shielded
so there is no interference with any radio or television reception
beyond the operator's property.
B.
Air, water and environmental pollution. No use shall
emit heat, odor, vibrations, noise or any other pollutant into the
ground, water or air that exceeds the most stringent applicable state
and federal regulation. No permit shall be issued for any use where
a state permit is required until the state has ascertained and approved
the level and quality of emission, the type and quality of emission
control and the level of monitoring to be conducted.
C.
Storage and waste disposal. No materials shall be
deposited in such manner that they can be transferred off the lot,
directly or indirectly, by natural forces such as precipitation, surface
water, evaporation or wind. All materials which might create a pollutant
or be a safety and health hazard shall be stored indoors and/or be
enclosed in appropriate containers to eliminate such pollutant or
hazard. No flammable or explosive substance shall be stored on a property
except under conditions approved by the Fire Department.
No lot shall be utilized for more than one permitted
principal use, other than a residence with a home occupation. A building
in a business district may be utilized for more than one use upon
obtaining approval for such additional use or uses from the Planning
Board as a conditional use. No more than one principal building shall
be permitted on one lot, except that apartment or townhouse complexes
and industrial/office complexes may be permitted more than one building
on a lot in accordance with an approved site plan where all buildings
are sited to comply with all yard definitions. Contiguous retail stores
in a highway business district and industrial tenants in a highway
industrial district shall be considered one principal building.
No building or structure of a portable nature,
stationary vehicle or stand of any description shall be permitted
on any lot or parcel of land for the purpose of displaying or selling
food, merchandise or commodities of any kind, excluding newspaper
vending machines not exceeding 12 cubic feet.
These uses shall be permitted only on lots a
minimum of five acres in size, plus an additional acre for each 100
pupils. They shall be located on major streets. The curriculum shall
be approved by the New Jersey Department of Education under the standards
which apply to public elementary and high schools.
The following regulations shall apply to projections
and encroachments into required open spaces:
A.
Cornices, eaves, gutters or chimneys shall not project
more than two feet into required front, side or rear yards.
B.
Ground floor entrance steps and terraces open to the
sky may project into the required front, side or rear yard a maximum
of 30 inches in accordance with the BOCA Code.
C.
Ground floor entrance steps installed or repaired for existing residential structures only may project into the required front, side or rear yard in excess of the allowance set forth in Subsection B above in the event such additional encroachment is the result of the combined required width of the exterior landing together with the maximum allowable vertical rise for such steps as mandated by R311.3 and R311.7.3 of the International Residential Code.
[Added 10-3-2022 by Ord.
No. 1746[1]]
D.
An open or lattice-enclosed fire escape or an outside
stairway shall not project more than four feet into the required rear
yard, nor shall an open balcony to a fire tower project more than
four feet into the required side or rear yard.
E.
All outside stairs leading to other than the first
floor shall be at the rear of the building.
All public services shall be connected to approved
public utilities systems where they exist. The distribution supply
lines and service connections shall be installed underground, except
that lots which abut streets with existing overhead electric or telephone
lines may be supplied from those overhead lines, but the service connections
shall be installed underground. Should a road widening or an extension
of service occur as a result of development, any replacement, relocation
or extension of existing overhead lines shall be underground.
If a central sewage treatment and collection
system is accessible, the developer shall connect to the system.
Satellite dish antennas exceeding two feet in
diameter shall be permitted as accessory uses in all zones, provided
that said use complies with the following:
A.
Only one such use per lot shall be permitted in all
zones.
B.
Location.
(1)
Any dish antenna, its foundation pad and supportive
structure must be located in the rear yard, except as noted below.
(2)
Any dish antenna and its foundation pad and supportive
structure must be set back a minimum of 10 feet from the rear property
lines and must be installed or erected on ground level.
(3)
No dish antenna placed anywhere on any lot shall exceed
a height of 12 feet, and the surface area of any dish antenna may
not exceed a diameter of 10 feet.
C.
Screening. For all ground-level installations, the
dish antenna and supporting structure must be screened or buffered
in such a manner that they cannot be visually seen from the public
right-of-way abutting the lot on which the dish antenna and supporting
structure are situated or visually seen from the ground level of any
adjacent property. Such screening and buffer must comply with all
applicable ordinances and regulations of the Borough of Collingswood.
D.
Use. A dish antenna shall be used only for the reception
of signals.
E.
F.
Permits. The property owner must obtain a building
permit in addition to any required site plan approval prior to the
installation and erection of the dish antenna and supporting structure.
G.
Satellite dish antennas, less than two feet in diameter,
shall be permitted in all zones, provided that only one such dish
antenna per lot shall be permitted.
Sidewalks shall be installed in locations determined by the approving authority to be in the interest of public safety, considering the probable volume of pedestrian traffic, the adjoining street classification, school bus stops and the general type of improvement intended. Where required, sidewalks shall be at least four feet wide and four inches thick, except at points of vehicular crossing where they shall be at least six inches thick, of Class B concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch and shall be air entrained. Where sidewalks cross curbs, curb ramps shall be provided as outlined in § 141-59, Curbs and gutters. Preformed expansion joint material shall be placed on twenty-foot intervals and where sidewalks abut curbing or a structure. If constructed of brick or slate, sidewalks shall have a two-inch thick base of crushed stone, two inches of Class B concrete as required above, and paver brick or paving slate at leas one inch in thickness.
Sight triangles shall be required at each quadrant
of an intersection of streets and streets and driveways. The area
within sight triangles shall be either dedicated as part of the street
right-of-way or kept as part of the lot and identified as a sight
triangle easement. No grading, planting or structure shall be erected
or maintained more than 30 inches above the center line grade of the
intersecting street or driveway or lower than eight feet above their
center lines, excluding street name signs and official traffic regulation
signs. Where any intersection involves earth banks or vegetation,
including trees, the developer shall trim and grade to provide the
sight triangle. A sight triangle easement shall be expressed on the
plat as follows: "Sight triangle easement subject to grading, planting
and construction restrictions as provided for in the Collingswood
Development Regulations Ordinance." Portions of a lot set aside for
the sight triangle may be calculated in determining the lot area and
minimum setbacks required by the zoning provisions. In existing lots
where no easement has been granted, the areas described above shall
be maintained free of visual obstruction. Citations may be prepared
by the Zoning Officer for violations of this provision.
All major site plans and major subdivisions
shall incorporate soil erosion and sediment control programs meeting
the requirements of the Soil Erosion and Sediment Control Act.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
Swimming pools shall conform to Chapter 269, Swimming Pools, Private, and shall comply with all yard setback requirements.
Public utility facilities shall be subject to
the zoning requirements for the district in which they are to be located,
including land area, setback side yards, structure height, and landscaping.
The facilities shall not be open to the public and shall be necessary
to service the surrounding area. No permanent storage of material
or surplus equipment, except for functional equipment within the subject
building, shall be permitted in the building or on the lot. If such
a facility is placed within a residential district, the architectural
character shall be residential in nature and shall blend in harmoniously
with the surrounding area.
Where water is accessible from a servicing utility,
the developer shall arrange for a connection to the system to serve
each use.
[Added 9-10-2018 by Ord.
No. 1644]
Wheelchair ramps shall be permitted as an accessory structure
in all residential zoning districts, provided the following requirements
of this section are met.
A.
Prior to the construction of a Wheelchair ramp, the owner of the
property shall obtain a wheelchair ramp permit from the Borough Zoning
Officer. The application for the wheelchair ramp permit shall include
the following:
(1)
The location of the proposed wheelchair ramp;
(2)
The name of the individual(s) residing at the property who require
the use of the wheelchair ramp;
(3)
A letter from a licensed physician stating the reasons why the
wheelchair ramp is necessary to accommodate said resident(s) of the
property; and
(4)
An acknowledgement by the applicant that the wheelchair ramp
shall be removed within 60 days of the date on which the individual(s)
requiring the wheelchair ramp no longer reside at the property or
the date on which the wheelchair ramp is no longer required.
B.
All wheelchair ramp permits shall be renewed by January 31 of each
year succeeding the year in which the wheelchair ramp application
is approved.
C.
Wheelchair ramps shall be constructed in a manner that results in
minimal encroachment into the required setback of the property.
D.
Wheelchair ramps shall not encroach into any recorded easement(s)
or into any public right(s)-of-way.
E.
Wheelchair ramps shall be designed and constructed in accordance
with the applicable provisions and guidelines of the Americans with
Disabilities Act.
F.
Any wheelchair ramp erected pursuant to this section shall be removed
within 60 days of the date on which the individual(s) requiring the
wheelchair ramp no longer reside at the property; or the date on which
said individual(s) no longer require the use of a wheelchair ramp.
No area providing front, side or rear yard space
for one building shall be considered as providing the yard provisions
of another. A lot with frontage on two or more streets, including
corner lots, shall have building setback from each street. The primary
frontage shall accommodate the front yard requirement and the secondary
frontage shall accommodate the side yard setback. In cases where both
frontages can be considered primary, the front yard setback requirement
shall apply to both frontages.
