The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following supplementary regulations.
[Amended 8-20-2001 by Ord. No. 754-01; 1-21-2014 by Ord. No. 1064-13]
A.
In a private garage accessory to a dwelling in any district, the
number of car spaces which may be provided shall not exceed three,
except that for each one-half acre the lot exceeds one acre, space
for one additional motor vehicle may be provided, to a maximum of
five car spaces in a private garage or garages.
B.
In all residential districts, where there is more than one garage
space, no more than half such space may be rented to other than occupants
of the premises.
C.
In a residential zone, no more than one commercial vehicle and one
trailer used for commercial purposes, as defined herein, shall be
stored or parked overnight in a space that is not enclosed or uncovered;
provided, however, that said commercial vehicle shall only be parked
or stored on a driveway located on property principally owned or leased
by the owner, lessee, or principal user of the vehicle.
D.
For purposes of the foregoing provision, the term "commercial vehicle"
shall be deemed to mean a motor-driven vehicle used for commercial
purposes on the highways, having a gross vehicle weight of 10,000
pounds or less, which vehicle is used by the owner or lessee of the
property for the transportation of people, goods, wares, merchandise,
tools and/or equipment, and which is the principal vehicle used by
said owner or lessee of the property in connection with said property
owner's or lessee's business. "Trailer" shall be deemed to mean an
enclosed trailer not to exceed eight feet by 16 feet in size.
E.
No truck or commercial vehicle shall be parked within the required
front yard setback. No commercial vehicle shall be parked in such
a manner as to be used as a billboard or other sign.
No public or private garage for more than five motor vehicles shall have an entrance or exit for motor vehicles within 50 feet of a residential district, except as may be permitted under § 255-42.
[Amended 2-19-2002 by Ord. No. 773-02]
On a corner lot in any district no fence, wall,
hedge or other structure or planting more than 2 1/2 feet in
height shall be erected, placed or maintained within the triangular
area formed by the intersecting street lines and a straight line joining
the street lines at points which are 30 feet distant from the point
of intersection, measured along the street lines. Where, due to topographic
or other conditions, the application of the rules stated above does
not produce a clear visibility above 4 1/2 feet at the center
lines of the streets adjacent to the above-mentioned triangular area,
plans for development of such triangular area shall be subject to
approval by the Planning Board.
Where a district boundary line divides a lot
in single or joint ownership of record at the time such line is adopted,
the regulations for the less restricted portion of such lot shall
extend not more than 20 feet into the more restricted portion, provided
that the lot has frontage on a street in the less restricted district.
Where a lot in a business or industrial district
abuts a lot in residence districts, there shall be provided along
such abutting lines a yard equal in width or depth to that required
in the residence district, or as may be required for the district
in which the lot is located, whichever is greater.
Where a lot in Business District B-1 or B-2
abuts a lot in a residence district a buffer strip of not less than
20 feet wide shall be required between the lots on the business district
side. Along the residence district side of the buffer strip, there
shall be a cyclone fence, or its equivalent, not less than four feet
in height, or such height as will match any existing fencing. The
fence shall be installed in accordance with the recommendations of
the Borough Engineer.
In conjunction with any principal building hereafter
erected or any use of land hereafter established, there shall be provided
on the same lot therewith, sufficient parking spaces to meet the minimum
requirements specified herein, as follows:
A.
One-family dwellings: two spaces for each and every
dwelling unit.
B.
Planned residential developments in RA Zones.
(1)
Townhouses, duplexes, etc.: 2.4 spaces for each and
every dwelling unit of which a minimum of one space per dwelling unit
shall be provided in an enclosed garage plus 0.4 of one space per
dwelling unit shall be provided for common area parking.
(2)
One-family dwellings: two spaces per dwelling unit.
(3)
Low- and moderate-income housing: 1 1/2 spaces per dwelling unit of which a minimum of 3/4 of one space per dwelling unit on average shall be provided in an enclosed garage. Additionally, guest parking as provided in Subsection B(1) above may be required by the Planning Board in addition to these standards in conjunction with site plan approval.
C.
Low- and moderate-income housing in the RB 130 Zone.
(1)
One-family dwellings: two spaces per dwelling unit.
(2)
Low- and moderate-income senior citizen housing: 1 1/2
spaces per dwelling unit. One parking space shall be provided for
each one-bedroom senior citizen housing unit, which parking space
shall be provided adjacent to the entrance of the housing unit. Two
parking spaces shall be provided for each two-bedroom senior citizen
housing unit, which parking spaces shall be provided adjacent to the
entrance of the housing unit. Additionally, 0.5 parking spaces per
dwelling unit shall be provided as guest parking, which shall be located
in off-street parking spaces generally scattered throughout the site.
D.
Customary home occupation: one space per dwelling
unit, plus three spaces for each 200 square feet of floor area so
used, or any fraction thereof.
E.
Meeting rooms and schools. Meeting room, club, lodge,
community center and school: one space for each five seats based on
seating capacity. Any place not having seating capacity for patrons
or assemblage shall allow one space for each five persons based on
capacity attendance.
F.
Places of amusement and sanctuaries. Theater, auditorium,
stadium and sanctuaries in a place of worship: one space for each
three seats based on fixed or permanent seating capacity. Any place
not having fixed or permanent seating capacity for patrons or assemblage
shall allow for one space for each three persons based on capacity
attendance.
G.
Businesses and offices. Business, commercial, personal
service establishment, retail stores and offices: one space for each
200 square feet of ground floor building area multiplied by the number
of stories.
H.
Mixed uses. Where there is a mixed use of the lot
(for example, a building used for an auditorium and offices), then
the minimum requirements for each use shall be added together and
the total number of required parking spaces for all uses shall be
provided. Necessarily, a variance may be obtained from the requirements
of this subsection should an applicant for site plan or subdivision
approval establish, through competent testimony, that the building
cannot be used for all the contemplated uses of the building at the
same time.
A.
Terraces. A paved terrace shall not be considered
in the determination of yard sizes or lot coverage, provided that
the terrace is unroofed and without walls, parapets or other form
of enclosure. The terrace, however, may have an open guardrailing
not over three feet high, and shall not project into any yard to a
point closer than four feet from any lot line.
B.
Porches. Any porches roofed over shall be considered
a part of the building in the determination of the size of yard or
lot coverage.
C.
Projecting architectural features. The space in any
required yard shall be open and unobstructed, except for the ordinary
projections of window sills, belt courses, cornices, eaves and other
architectural features, provided that such features shall not project
more than two feet into any required yard.
D.
Bay windows. Bay windows, including their cornices
and eaves, may project into any required yard not more than two feet,
provided that the sum of such projections on any wall does not exceed
1/3 the length of the wall.
E.
Fire escapes. Open fire escapes may extend into any
required yard not more than four feet, six inches.
A.
No tractor used for towing a trailer, construction
equipment, including, but not limited to, bulldozers, backhoes, flatbed
trucks or trailers for hauling same, trailers normally pulled or towed
singly or in tandem by a motor tractor of the type normally used for
towing trailers or vehicles having a gross vehicle weight in excess
of 10,000 pounds, whether or not in a space enclosed or covered, shall
be stored or parked overnight in any residential district; provided,
however, this section shall not apply when such equipment is in current
use on the lot or premises on which it is stored or parked in actual
performance of work authorized by a valid current building permit
or permits.
B.
This section shall not apply to recreational vehicles.
Private swimming pools, as defined by the provisions
of the Uniform Construction Code of New Jersey, N.J.A.C. 5:23-11 et
seq., shall be permitted as an accessory use in a residential district.
Such pools and pertinent decks, walkways or other structures shall
be located as follows:
A.
Such pools and appurtenances shall be located in back
of the rear building line of the existing or proposed dwelling.
B.
On all interior lots, all such pools and appurtenances
shall be located a minimum of 10 feet from any rear or side property
line in any residential district.
C.
On any corner lot, all such pools and appurtenances
shall be located a minimum of 30 feet from the street side property
line in an RA 40 District and a minimum of 20 feet from the street
side property line on all other residential districts.
A.
All senior citizen housing shall provide and maintain
a buffer zone within the RB 130 Zone which shall be no less than 50
feet in width from all external lot lines of the site which abuts
more than one single-family residence, except for that portion which
fronts upon an existing external street or roadway. A buffer zone
of no less than 25 feet in width shall be provided along all external
property lines of the site that abuts only one single-family residence.
Such buffer zone shall be kept in its natural state where wooded.
When natural vegetation is sparse or nonexistent, the landowner shall
be required to provide a year round visual screen, as determined by
the Planning Board.
B.
No use or structure, including parking or loading
areas, shall be permitted within the required buffer area.
C.
The required buffer area may be included in the area
for the purpose of computing compliance with the open space requirements
of this chapter.
Any development proposal for the construction
of 50 or more units of single-family residential housing, the construction
of 25 or more units of multifamily residential housing or the utilization
of 1,000 square feet or more of land for any commercial or industrial
use shall include as part of its application for a subdivision site
plan, conditional use or other developmental application, the following
information and documentation:
A.
Adequate facilities shall be provided for the depositing
and collection of recyclable materials.
B.
The location of all existing and proposed solid waste collection stations shall be delineated on the subdivision plat or site plan. A plan detail, at a scale of one inch equals 10 feet, shall be incorporated in the submission for each such station or for a typical station. The containers at each station shall be delineated on the detail plan and described in tabular form. A separate container or containers shall be provided for each recyclable material, specified in Chapter 209, Article II, Recycling, of the Code of the Borough of Old Tappan, in addition to the containers for nonrecyclable solid waste.
A.
Requirement for building permit. No accessory building
shall be constructed on any property without the grant of a zoning
and building permit, which shall be applied for and obtained in accordance
with the provisions of the Borough ordinances.
B.
Limitation on number of accessory buildings. Not more
than one accessory building shall be permitted on any lot.
C.
Prohibited use of accessory buildings. No accessory
building may at any time be used for human habitation, residence,
or the performance of a home occupation. In no case shall a second
residential building be permitted as an accessory building in any
zone district. In addition, no accessory building may at any time
be used for a use not permitted in the zone in which the property
on which the accessory building is situated.
D.
Construction prior to principal building. No building
permit shall be issued for the construction of an accessory building
prior to the issuance of a building permit for construction of the
main building upon the same premises. If construction of the main
building does not proceed or coincide with construction of the accessory
building, the Construction Official shall revoke the building permit
for the accessory building until construction of the main building
has been completed.
E.
Height and area restriction.
[Amended 3-18-2002 by Ord. No. 783-02; 6-18-2012 by Ord. No.
1048-12]
(1)
An accessory building to be used as a garage shall not exceed 14
feet in height and shall not be greater than 400 square feet in area.
Any other accessory building shall not exceed 14 feet in height and
shall not exceed 500 enclosed square feet, 750 roofed square feet
and 25 feet in length parallel to the side lot line for properties
on RA-40 Zoned lots; and 350 enclosed square feet, 500 roofed square
feet and 20 feet in length parallel to the side lot line on RA-25
Zoned lots.
(2)
Square footage in an accessory building over 150 square feet shall
count as building floor area and shall be counted toward the applicable
floor area ratio requirement.
(3)
A second accessory building or structure is permitted, provided the
second accessory building or structure and does not exceed 150 square
feet in area. The secondary accessory building may only be a shed,
as defined in this chapter.
(4)
Any accessory building or structure at least 10 feet in height shall
be set back from the property line either 10 feet or the accessory
building height, whichever is greater. If located in a rear yard,
any accessory building or structure less than 10 feet in height and
having an area of less than 150 square feet as a minimum setback of
at least four feet from the property line.
F.
Location of accessory buildings. Accessory buildings
in residential and nonresidential zones shall conform to the following
regulations as to their location upon the lot on which they are to
be constructed:
(1)
No accessory building may be located or situated in
the front yard of the lot on which it is to be constructed.
(2)
On an interior lot, an accessory building shall be
located a minimum of 10 feet from any rear or side property line.
(3)
In no event shall an accessory building be permitted
closer to any street than the building line of the principal building
on the lot.
H.
Stationary generators, air-conditioner compressors or units.
[Added 6-18-2012 by Ord. No. 1048-12]
(1)
Exterior stationary generators, air-conditioner compressors or units
are permitted as accessory uses, but are required to be located within
the side or rear yards.
(2)
The footprint of stationary generators, air-conditioner compressors
or units may not exceed 10 square feet, must be located no more than
three feet from the residential dwelling and shall be set back a minimum
of five feet from any operable window or door. Stationary generators
cannot be located within the required front yard setback and must
be located a minimum of 10 feet from the property line.
[Amended 1-21-2014 by Ord. No. 1064-13]
(3)
Stationary generators, air-conditioner compressors or units must
be maintained in good working order consistent with manufacturer specifications,
may only be powered by natural gas, propane or diesel fuel, and shall
not exceed a noise level of 85 dba at the source and 50 dba at the
property line.
(4)
Stationary generators, air-conditioner compressors or units are required
to be screened so as to not be visible to adjoining properties.
(5)
Stationary generators, air-conditioner compressors or units are required
to meet all applicable accessory structure setback requirements. Stationary
generators, air-conditioner compressors or units are not considered
a second accessory structure under this subsection.
(6)
Stationary generators, air-conditioner compressors or units are subject
to applicable local and state noise ordinances and regulations.
[Added 1-6-2014 by Ord. No. 1065-13]
A.
CONSTRUCTION DUMPSTER
TEMPORARY STORAGE CONTAINER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A roll-off waste container transported to and from the place
of use by trucks or trailers and positioned at a construction site
for the collection and eventual disposal of construction waste.
A container designed for the outdoor storage of personal
property for temporary or permanent use, which is to be delivered
and removed by vehicle.
B.
Permit required.
(1)
No temporary storage container or dumpster (said dumpster to
mean one not being used in conjunction with an ongoing construction
permit issued by the Borough of Old Tappan) shall be allowed on any
private property in the Borough of Old Tappan unless a storage container/dumpster
permit is issued prior to the placement of such unit for the length
of time as provided herein.
(2)
The owner or occupant of the site where the unit is to be placed
shall apply for a storage container permit to the Zoning Officer or
his designee. The applicant shall pay, upon issuance of the storage
container/dumpster permit, a required fee of $25.
(3)
The storage container/dumpster permit shall be valid for 60
days. Upon the request of the owner or occupant of the site to renew
the permit, the Zoning Officer or his designee shall inspect the site
where the unit is located to determine whether such permit should
be extended. Such permit may be extended up to four additional thirty-day
periods upon approval of the Zoning Officer or his designee. An additional
fee of $15 shall be paid for the extension of such permit for said
thirty-day additional period. In no event shall a container or dumpster
be placed on any site in the Borough of Old Tappan for more than 180
days without the approval of the Zoning Board of Adjustment, said
approval to be in the form of a duly adopted and memorialized resolution
authorizing said container/dumpster for a period in excess of the
one-hundred-eighty-day aggregate limit set forth herein.
C.
Regulations.
(1)
Location.
(a)
No more than one temporary storage container and/or dumpster
shall be permitted on any single tax map lot.
(b)
A temporary storage container and/or dumpster shall not be placed
in the public easements or rights-of-way, nor shall it obstruct the
sidewalk.
(c)
No temporary storage container and/or dumpster shall be placed
within five feet of a neighboring property line.
(d)
A temporary storage container and/or dumpster shall be set back
at least 15 feet from the principal building on the lot.
(e)
No temporary storage container and/or dumpster shall occupy
an area greater than 5% of the total lot area at which it is located.
(f)
The owner or occupant of the site where the unit is to be placed
shall utilize existing buffers when determining the location for a
temporary storage container and/or dumpster, to screen the container
from adjoining properties.
(g)
A temporary storage container and/or dumpster shall not obstruct
circulation for vehicles, particularly emergency vehicles.
(2)
Size. No temporary storage container and/or dumpster shall exceed
eight feet in height, eight feet in width and 24 feet in length.
(3)
Use. A temporary storage container and/or dumpster shall be
utilized on private property only for the limited purpose of temporarily
storing common household items such as furniture, clothing or other
household belongings coming from or to a structure on the property
that is being renovated or sold.
(a)
The following items are expressly prohibited from being stored
or kept within a temporary storage container and/or dumpster: hazardous
substances, including chemical, flammable or explosive materials;
firearms; ammunition; prescription drugs or narcotics; any material
or contraband the possession of which is unlawful; food, other than
as packaged for sale in cans, jars or bottles and for use by the occupant
of the dwelling upon the lot where the unit is permitted; and solid
waste, recyclables, construction or demolition debris, commercial
items or property for use other than at the premises where the unit
is located.
(b)
In no event shall a temporary storage container and/or dumpster
be used for temporary habitation of humans or animals.
(c)
A dumpster shall only be used to contain and remove debris and
material generated at the location where the dumpster is located.
No garbage or similar putrescible material may be discarded in the
dumpster, except in approved containers for such materials.
(4)
Signage. All temporary storage container and/or dumpsters shall
comply with the following:
(a)
A temporary storage container and/or dumpster shall have no
signage other than the name, address and telephone number of the person
or entity engaged in the business of renting or otherwise placing
the unit.
(b)
The sign shall be permanently adhered to or painted on a temporary
storage container and/or dumpster and the container shall have no
more than one sign attached to a side, and no more than two signs
total.
(c)
A sign attached to a temporary storage container and/or dumpster
shall be no larger than 15% of the area of the side to where it is
attached.
(5)
Lighting. There shall be no lighting fixtures attached to a
temporary storage container and/or dumpster, nor shall any lighting
fixture be solely utilized to light a container.
(6)
Maintenance. A temporary storage container and/or dumpster shall
be in good condition, free from evidence of deterioration, weathering,
discoloration, rust, ripping, tearing, or other holes or breaks. When
not in use, the container shall be locked at all times. All temporary
storage container and/or dumpsters used in the Borough of Old Tappan
shall be equipped with floors that prevent the intrusion of rats or
other vermin into the unit.
D.
Fines and penalties. Violations of this section, other than for failure
to apply for and acquire a valid permit, shall be punishable by a
fine of up to $250 per day for the first violation, up to $500 per
day for a second violation, and up to $1,000 per day for a third or
subsequent violation.
E.
Abatement. Any temporary storage container and/or dumpster not in
compliance with this section is hereby declared to be a public nuisance
and may be abated by the Borough at the owner's or responsible person's
expense. Abatement shall, at the Borough's option, include the removal
and/or the emptying of the dumpster.
[Added 11-19-2018 by Ord.
No. 1135-18; amended 5-17-2021 by Ord. No. 1186-21]
A.
Purpose.
(1)
The purpose of this section is to prohibit the establishment,
location and operation of any business engaged in the sale, distribution,
manufacture and/or testing of electronic vapor devices, electronic
vapor inhalation substances, and electronic/vapor substance inhalation
shops and lounges in the Borough of Old Tappan, Bergen County, in
order to maintain and protect the Borough's safety, security
and general welfare.
(2)
These regulations will rely on all definitions in this chapter
and the Code of the Borough of Old Tappan.
B.
BUSINESS
CREATION OF SMOKE SHOP ESTABLISHMENT
ELECTRONIC/VAPOR SUBSTANCE INHALATION SHOPS
SMOKE SHOP
TRANSFER OF OWNERSHIP OR CONTROL OF SMOKE SHOP
(1)
(2)
(3)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any sole proprietorship, joint venture, corporation or other
business entity formed for profit-making purposes, including, but
not limited to, retail and wholesale establishments where goods and/or
services are sold, manufactured, distributed, cultivated or tested.
Those businesses where customers can purchase and/or use
electronic/vapor substance inhalation products and/or devices commonly
known as "electronic cigarettes," "e-cigarettes," "e-cigars," "e-cigarellos,"
"e-pipes," "e-hookahs," "electronic nicotine delivery systems" and
other similar devices.
Any store, stand, booth, concession or other place that either
devotes a substantial portion of its display area (15% or more space)
to hookahs, electronic vapor devices, electronic inhalation substances
or drug paraphernalia to purchasers for consumption or use.
The sale, lease or sublease of such establishment;
The transfer of securities which constitute a controlling interest
in such establishment, whether by sale, exchange, or similar means;
or
The establishment of a trust, gift, or other similar legal device
which transfers ownership or control of such establishment, except
for the transfer by bequest or other operation of law upon death of
the person possessing such ownership of controlling interest.
C.
Prohibition. No person or entity shall cause or permit the creation,
enlargement or transfer of ownership or control of any smoke shop
or electronic/vapor inhalation shop or lounge within 1/4 mile of any
residential, educational, religious or recreational use, or zoning
district permitting such uses, within the Borough of Old Tappan.
D.
Measure of distance. Distance, without regard to intervening structures,
shall be a straight line measured from the closest exterior structural
wall of a smoke shop or electronic/vapor substance inhalation shop
or lounge to the closest property line of a residential, educational,
religious or recreational use, or zoning district permitting such
uses, within the Borough of Old Tappan.
E.
Violations and penalties.
(1)
Any person or entity violating any of the provisions of this
section shall be subject to a fine of not more than $1,000.
(2)
Each person or entity found guilty of a violation shall be deemed
guilty of a separate offense for every day during any portion of which
a violation of any section of this section is committed, continued
or permitted by such person. Any use or occupation of any building
or structure maintained contrary to the provisions of this section
shall constitute a public nuisance.
(3)
Notwithstanding any other penalty for violating any of the provisions
of this section, the Borough of Old Tappan may, but shall not be required
to, seek to enjoin such violation in a court of competent jurisdiction.
F.
Enforcement. Enforcement of the provisions of this section may be
by the Borough Health Officer, members of the Police Department, Borough
Building Department, the Borough Code Official and any other person
so designated by the Borough of Old Tappan.
