[Amended 5-6-1988 by Ord. No. 965; 12-17-2001 by Ord. No. 1367]
On lots of at least 60,000 square feet with
at least 200 feet of street frontage in the C-2 Commercial Zoning
District, height for buildings and structures shall be regulated by
the following floor area ratio criteria:
A.
Minimum lot size shall be 60,000 square feet.
B.
Minimum street frontage shall be 200 feet.
C.
More than one structure or principal building can
be located on a lot. Separate structures on the same lot may abut
one another and a separate principal building and a structure may
abut one another, but where they do not abut, they shall have a distance
of at least 18 feet between them, or one horizontal to one vertical
as measured from the base or facade, whichever extends the farthest,
of the shorter structure or building to the roof line of the higher
structure or building, whichever results in the greater distance between
the buildings or structures.
D.
If more than one principal building or structure is
located on a lot and will be constructed in a phased or planned development
over time, the approval period for the development granted by the
Planning Board and described in the Borough of River Edge Site Plan
Review Ordinance[1] must be adhered to, or the approval for the additional
structures will lapse.
E.
The floor area ratio shall not exceed 1.35 for any
building.
F.
The maximum number of stories for any building, including
building atriums, shall be as follows:
(1)
The maximum height or number of stories for any building
on a lot between 60,000 to 74,999.99 square feet in size shall not
exceed four stories or 48 feet, whichever is less.
(2)
The maximum height or number of stories for any building
on a lot between 75,000 to 89,999.99 square feet in size shall not
exceed five stories or 60 feet, whichever is less.
(3)
The maximum height or number of stories for any building
on a lot between 90,000 to 104,999.99 square feet in size shall not
exceed six stories or 72 feet, whichever is less.
(4)
The maximum height or number of stories for any building
on a lot between 105,000 to 119,999.99 square feet in size shall not
exceed seven stories or 84 feet, whichever is less.
(5)
The maximum height or number of stories for any building
on a lot between 120,000 to 134,999.99 square feet in size shall not
exceed eight stories or 96 feet, whichever is less.
(6)
The maximum height or number of stories for any building
on a lot between 135,000 to 149,999.99 square feet in size shall not
exceed nine stories or 108 feet, whichever is less.
(7)
The maximum height or number of stories for any building
on a lot between 150,000 to 164,999.99 square feet in size shall not
exceed 10 stories or 120 feet, whichever is less.
(8)
The maximum height or number of stories for any building
on a lot between 165,000 to 179,999.99 square feet in size shall not
exceed 11 stories or 132 feet, whichever is less.
(9)
The maximum height or number of stories for any building
on a lot between 180,000 or greater square feet in size shall not
exceed 12 stories or 144 feet, whichever is less.
G.
The maximum number of stories for any parking structure
abutting, within, separate from or under a principal building shall
not exceed five stories. The parking area at grade within any structure
or building shall be considered the first story of said structure
of building.
H.
Any building having parking or loading areas either
under or within the building, as approved by the Planning Board, shall
not have these parking or loading areas calculated as part of the
gross floor area of the building.
I.
The maximum principal building coverage shall not
exceed 40% on any lot.
J.
The maximum improved lot coverage, including principal
buildings and structures, plus paving and improved areas, shall not
exceed 80%.
K.
Proximity to street based on height.
(1)
Properties with front, side or rear yards on Kinderkamack
Road. A building or structure not exceeding 35 feet in height shall
not be closer to the street right-of-way than 30 feet or closer to
the property line than 15 feet. A building exceeding 35 feet in height,
but no more than six stories, shall not be closer to the street right-of-way
line or property line than 50 feet. A building exceeding six stories
shall not be closer to the street right-of-way line or property line
than 175 feet.
(2)
All other streets. A building or structure not exceeding
35 feet in height shall not be closer to the street right-of-way than
30 feet or closer to the property line than 15 feet. A building exceeding
35 feet in height, but not greater than nine stories, shall not be
closer to the street right-of-way line or property line than 40 feet.
A building exceeding nine stories shall not be closer to the street
right-of-way line or property line than 60 feet.
(3)
Parking deck structures. A parking deck structure
shall not be closer to the street right-of-way line or property line
than 20 feet.
Churches, synagogues and other places of worship
shall be governed by the following regulations:
A.
Minimum lot area shall be 30,000 square feet.
B.
Minimum lot width shall be 100 feet.
C.
Minimum lot depth shall be 200 feet.
D.
Minimum front yard for principal building shall be
25 feet.
E.
Minimum front yard for accessory building shall be
25 feet.
F.
Minimum side yard for principal building shall be
15 feet.
G.
Minimum side yard for accessory building shall be
15 feet.
H.
Minimum rear yard for primary building shall be 20
feet.
I.
Minimum rear yard for accessory building shall be
fifteen (15) feet.
J.
Maximum lot coverage shall be 40%.
K.
Maximum height for any principal building shall be 35
feet.
L.
Any church, synagogue or other place of worship which
maintains a school for elementary or high school grades shall also
provide, in addition to the minimum lot area criteria included herein,
a minimum lot area in accordance with and approved by the New Jersey
State Board of Education.
Veteran and service organizations shall be governed
by the following regulations:
A.
Minimum lot area shall be 10,000 square feet.
[Amended 5-18-1998 by Ord. No. 1220]
B.
Minimum lot width shall be 100 feet.
[Amended 5-18-1998 by Ord. No. 1220]
C.
Minimum lot depth shall be 100 feet.
D.
Minimum front yard for principal building shall be
30 feet.
E.
Minimum front yard for accessory building shall be
30 feet.
F.
Minimum side yard for principal building shall be
18 feet.
[Amended 5-18-1998 by Ord. No. 1220]
G.
Minimum side yard for accessory building shall be
18 feet.
[Amended 5-18-1998 by Ord. No. 1220]
H.
Minimum rear yard for principal building shall be
25 feet.
[Amended 5-18-1998 by Ord. No. 1220]
I.
Minimum rear yard for accessory building shall be
25 feet.
[Amended 5-18-1998 by Ord. No. 1220]
J.
Maximum lot coverage shall be 35%.
[Amended 5-18-1998 by Ord. No. 1220]
K.
Maximum improved lot coverage shall be 35%.
[Amended 5-18-1998 by Ord. No. 1220]
L.
Maximum height for any principal building shall be
25 feet.
[Amended 5-18-1998 by Ord. No. 1220]
M.
Buildings shall be buffered from any residential property lines according to § 416-59, except where greater distances are specified herein.
[Amended 5-18-1998 by Ord. No. 1220]
N.
Retail sales may be included within the principal
building for members and their guests.
[Added 5-18-1998 by Ord. No. 1220]
[Amended 5-18-1998 by Ord. No. 1220]
Fuel, repair and automotive service facilities
shall be governed by the following regulations:
A.
The minimum lot size shall be 15,000 square feet,
and the minimum width along the street shall be 100 feet. No gasoline
pumps shall be located within 15 feet of the property lot line.
B.
No fuel, repair and automotive service facilities
shall be located within 200 feet of the following uses: schools, parks
and playgrounds, municipal buildings, churches and other places of
worship, hospitals, nursing homes and institutions for the education
and welfare of children or adults.
C.
Vehicular access to gasoline service stations shall
not be closer to the intersection of any two street lot lines than
50 feet, nor shall a gasoline service station be located within 25
feet of any boundary line of any residential zoning district.
D.
Automobile repair work shall be performed within a
building, except for minor servicing such as change of tires or sale
of gasoline or oil.
E.
No merchandise shall be sold or kept for sale except
petroleum products and automobile accessories reasonably necessary
for the safe, lawful or convenient operation of motor vehicles.
F.
All automobile parts shall be stored within a fully
enclosed building. Gasoline or flammable liquids and oils in bulk
shall be stored fully underground, not nearer than 25 feet from any
lot lines. No oil or oil drums shall be kept or displayed in tanks
or other receptacles outside of the building and above ground, except
for immediate use in servicing automobiles; and such oil shall be
kept neatly racked or stacked in containers holding not more than
24 quarts.
G.
No space may be rented for any motor vehicle or trailer.
Nor may any motor vehicle or trailer be stored from the street building
line to the curb. Vehicles left for servicing may not be parked at
a fuel, repair and automotive service facility for more than 90 days
from the date vehicle was brought to the station.
H.
Auto body shops, paint shops, radiator repair and
tire retreading are not permitted.
I.
A wall, fence or suitable evergreen hedgerow or screen
planting at least five feet in height shall be constructed and maintained
between the gasoline service station and any abutting lot. The design
of such wall, fence or planting shall be subject to the approval of
the Planning Board, which may also require additional plantings to
screen the service station from adjoining lots.
J.
Buffer zone and landscaping requirements provided in Article XI herein shall also be complied with.
K.
In addition to the accessory signs as permitted in Article X of this chapter, the following accessory signs are permitted:
(1)
Directional signs or lettering displayed over individual
entrance doors or bays, consisting only of the words "washing," "lubrication,"
"repairs," "mechanic on duty," or other words closely similar, provided
that there shall be not more than one such sign over each entrance
or bay. The letters thereof shall not exceed six inches in height,
and the total area of each sign shall not exceed three square feet.
(2)
Customary lettering on or other insignia which are
a structural part of a gasoline pump, consisting only of the brand
name sold, lead content sign, a price indicator and any other sign
required by law, and not exceeding a total of three square feet on
each pump. A gasoline service station shall be permitted a special
sign to signify the price of gas. It shall not exceed nine square
feet and shall be displayed at the pump island, but not higher than
10 feet. If illuminated, it shall be interiorly lighted. One nonilluminated
credit card sign, displayed on or near the gasoline pumps, not exceeding
two square feet in area, shall also be permitted.
L.
No motor vehicle or trailer may be used on the premises
for signage.
Dry-cleaning and laundry establishments shall
be governed by the following regulations:
A.
Outlets and pickup for laundries, cleaning and dry-cleaning
establishments and self-service automatic laundry and dry-cleaning
establishments shall be prohibited from storing flammable solvents,
except for the incidental removal of spots, and as provided in the
latest edition of the New Jersey Fire Prevention Code as modified
and adopted by the Borough.
B.
Self-service automatic laundry and dry-cleaning establishments
shall not be permitted to contain more than 20 machines for washing,
cleaning and drying. This shall not apply to a room or rooms containing
laundry machines in a residential structure used for the convenience
of the occupants, whether or not coin-operated.
Garden apartments shall be governed by the following
regulations:
A.
The minimum distance between any two buildings shall
not be less than as required under the following formula,
|
HD = La + Lb + 2(Ha + Hb)
8
|
|
HD is the required minimum horizontal distance
between any wall of building A, at any given level, and any wall of
building B, at any given level, or the vertical prolongation of either.
| ||
|
La is the total length of building A.
| ||
|
Lb is the total length of building B.
| ||
|
Ha is the height of building A; which is the
average height above the finished grade of the nearest wall facing
building B.
| ||
|
Hb is the height of building B; which is the
average height above the finished grade of the nearest wall facing
building A.
| ||
B.
Each building shall contain not more than eight individual
dwelling units, and in attached buildings not more than 24 dwelling
units.
[Amended 5-18-1998 by Ord. No. 1220]
C.
No portion of any building below the first story shall
be used for dwelling purposes, except that a basement where the floor
is not more than three feet below grade may contain the living quarters
for the building superintendent and his family.
D.
The maximum length of any garden apartment building
shall not exceed 160 feet.
E.
Where a court is provided, it shall have dimensions
the minimum of which shall be 45 feet. No court shall exceed in depth
twice its width.
F.
There shall be provided on the site of any garden
apartment development an area or areas of not less than 100 square
feet of recreation space for each dwelling unit. In no case shall
there be less than 1,900 square feet devoted to joint recreational
uses by the residents thereof. Such recreational space shall be located
in other than a front yard and shall provide amenities usually associated
with either passive and/or active recreational pursuits.
Individual dwelling units shall be governed
by the following regulations:
A.
Successively placed dwellings not in planned residential
developments shall be of different floor plans without repeating any
floor plan within any successive group of four homes, with all fronts
being different.
[Added 11-16-1987 by Ord. No. 938; amended 11-16-1987 by Ord. No. 946; 4-20-1998 by Ord. No. 1217]
A.
The definition of a "community residence for the developmentally
disabled," community shelters for victims of domestic violence," "community
residences for persons with head injuries" and "community residences
for the terminally ill" as provided in P.L. 1997, c. 321 (N.J.S.A.
40:55D-66.2) shall apply to this section.
B.
Community residences for the developmentally disabled,
community shelters for victims of domestic violence, community residences
for the terminally ill and community residences for persons with head
injuries (hereinafter collectively referred to as "community residences")
are a permitted use in all residential districts.
C.
Community residences shall be subject to and shall
comply with all zoning requirements for single-family dwelling units.
D.
The owner of a community residence shall be responsible
for compliance with this chapter.
E.
No building or structure shall be used, erected or
converted for use as a community residence unless said building or
structure complies with the minimum requirements for fire safety,
sanitary facilities and structural safety as established by the current
edition of the New Jersey State Uniform Construction Code.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
F.
All community residences, whenever required by the
State of New Jersey, shall provide documentation that the proposed
community residence or shelter has been properly licensed by the New
Jersey Department of Human Services. Proof of licensing shall be provided
as part of the application for a certificate of occupancy, which shall
be required of all community residences.
G.
All community residences shall continue to resemble
single-family homes and retain the aesthetic characteristics of the
neighborhood while providing essential life safety, health and comfort
conditions in a homelike atmosphere in the proposed community residence.
H.
No community residence may house more than 15 persons,
exclusive of resident staff.
I.
No sign denoting the nature of the facility shall
be allowed on the premises.
[Added 11-16-1987 by Ord. No. 941]
A.
As used in this section, the terms "dwelling house
and dwelling unit" shall include but not be limited to any one-family
dwelling, all apartments or portions of apartments in any apartment
house or apartment structure and any rooms in a motel, hotel or other
place of public accommodation. The term shall also include a unit
in a condominium or cooperative.
B.
Sale of dwelling units. No dwelling unit, including
but not limited to single-family homes, two-family homes and condominium
apartment/townhouse units, shall be sold unless the selling owner
first obtains from the Construction Official a certificate of occupancy.
(1)
A certificate of occupancy shall be issued solely
by the Construction Official, without the necessity of approval by
the Mayor and Council. The fee for the issuance of a certificate of
occupancy shall be as set forth in the Borough Fee Schedule, adopted
by resolution of the Borough Council, on file in the office of the
Borough Clerk. The fee shall be paid at the time of the filing of
the application. The fee for each inspection shall also be as set
forth in the Borough Fee Schedule.[2]
C.
Rental of dwelling units. No house, dwelling, building, dwelling unit, structure or enclosure or any part of the same which is located in any zone delineated in § 416-5 as "Residential: Single-Family" and "Residential: Two-Family" shall be used or permitted to be used or be rented for use as living quarters, sleeping quarters or for living purposes by or to any society, club, fraternity, sorority, association, lodge, commune or similar group, or other collection of persons, who do not qualify as a family. This restriction shall not apply to rooming houses, hotels, motels or other places of public accommodation which are duly licensed by the Borough and/or the State of New Jersey or to convents, rectories or parish houses utilized in conjunction with any house of worship.
(1)
Prior to the transfer of title by sale of a dwelling
house or unit, application for a certificate of occupancy shall be
made, in writing, to the Construction Official and consent shall be
given therewith to the Construction Official to enter upon and examine
the dwelling unit and the building wherein the same may be situated,
for which the application is applied, so that the Construction Official
may determine whether or not the same fully complies with all municipal
ordinances, rules and regulations. No certificate of occupancy shall
be issued unless there is full and complete compliance with all of
the Borough's ordinances, rules and regulations. Prior to the rental
of any apartment in any building containing three or more dwelling
units, application for a certificate of occupancy will be made to
the Housing Inspector, appointed or qualified by the State of New
Jersey, and designated to conduct inspections within the Borough of
River Edge.
[Amended 5-18-1998 by Ord. No. 1220; 10-5-1998 by Ord. No. 1236]
D.
Certificate of occupancy and permit. No person shall
rent, lease or permit any tenant to occupy any dwelling house, dwelling
unit or any portion of the premises occupied for a separate and distinct
commercial use unless such a person first obtains from the Construction
Official a certificate of occupancy and permit authorizing any of
the foregoing:
(1)
Prior to the rental or leasing of a dwelling unit
to a tenant, application for a certificate of occupancy shall be made
in writing to the Construction Official, and consent shall be given
therewith to the Construction Official to enter upon and examine the
dwelling unit and the building wherein the same may be situated, for
which the application is applied, so that the Construction Official
may determine whether or not the same fully complies with all municipal
ordinances, rules and regulations. No certificate of occupancy shall
be issued unless there is full and complete compliance with all of
the Borough's ordinances, rules and regulations.
(2)
Each application for a certificate of occupancy shall
be made in writing and shall state the name and address of the owner,
tenant or other occupant of the same, the name and address of the
new proposed tenant or occupant, the name and address of the renting
agent, if any, and shall describe the premises to be occupied, including
the street address and a designation of the portion of the premises
or structure for which the specific application is being made. The
application shall set forth the number of persons who will occupy
any and all portions of the premises, including the specific portion
for which the application is being made and the specific room in the
premises to be occupied for sleeping purposes and the number of persons
to occupy each sleeping room.
(a)
A certificate of occupancy shall be issued only
if the dwelling is provided with a minimum on each floor of one approved
Underwriter's Laboratories, Inc. (U.L.) tested and labeled smoke detector,
sensing visible or invisible particles of combustion, installed in
a manner and location consistent with its listing and approved by
the Construction Official. When activated, the detector shall provide
an alarm suitable to warn the occupants. The Construction Official
shall have the authority to approve the number of detectors required
and the location of each.
(b)
When requested for rental of a dwelling unit,
as a further requirement for the issuance of a certificate of occupancy,
each dwelling unit shall contain at least 250 square feet of floor
area space for the first occupant thereof and at least 100 additional
square feet of floor space for every additional occupant thereof,
the floor space to be calculated on the basis of total habitable room
area. Further, in every dwelling unit of two or more rooms, every
room occupied for sleeping purposes contain at least 70 square feet
of floor space for each person.
(3)
Any person, including any real estate broker or real
estate agent or any representative of the foregoing, who in any manner
fails to comply with this chapter and who is a part of any transaction
resulting in the violation of any of the provisions of this chapter
shall be deemed to have violated this section. Such person shall be
subject to the penalties provide herein, unless and until a certificate
of occupancy is issued.[3]
[3]
Editor's Note: Former Subsection D(3), which
provided that a certificate of occupancy shall be issued solely by
the Construction Official, as amended 12-16-1996 by Ord. No. 1172,
was repealed 5-18-1998 by Ord. No. 1220. This ordinance also provided
for the redesignation of former Subsection D(4) as Subsection D(3).
(4)
Any person, firm or corporation who shall violate
any of the provisions of this section, upon conviction, may be punished
by a fine not to exceed $500, or by imprisonment in the county jail
for a period not to exceed 90 days, or both, within the discretion
of the Municipal Court. For a second or subsequent violation of any
provision of this section, any person, firm or corporation, upon conviction,
shall be subject to a fine of at least $250 but not more than $500
or by imprisonment in the county jail for a period not to exceed 90
days, or both, within the discretion of the Municipal Court. Each
violation of any of the provisions of this section and each day the
same is violated shall be deemed and taken to be a separate and distinct
offense.
[Added 5-18-1998 by Ord. No. 1220[4]]
[4]
Editor's Note: This ordinance also provided
for the repeal of former Subsection D(5), regarding violations being
a separate and distinct violation for every day the violation continues,
and former Subsection D(6), regarding maximum penalties, as amended
12-16-1996 by Ord. No. 1172, both of which immediately followed this
subsection.
E.
Lead-based
paint inspections.
[Added 11-27-2023 by Ord. No. 23-19]
(1)
Required initial inspection. The owner, landlord and/or agent of
every single-family, two-family and/or multiple dwelling unit offered
for rental shall be required to obtain an inspection of the unit for
lead-based paint hazards within two years of the effective date of
the law, July 2, 2022, or upon tenant turnover, whichever is earlier.
(2)
Required recurring inspection. After the initial inspection, the
owner, landlord and/or agent of such dwelling unit offered for rental
shall be required to obtain an inspection of the unit for lead-based
paint hazards every three years, or at tenant turnover, whichever
is earlier, except that an inspection upon tenant turnover shall not
be required if the owner has a valid lead-safe certification.
(3)
Standards. Inspections for lead-based paint in rental dwelling units
shall be governed by the standards set forth in N.J.S.A. 52:27D-43.7.1
et seq., and N.J.S.A. 55:13A-1 et seq.
(4)
Exceptions. A dwelling unit in a single-family, two-family or multiple
rental dwelling shall not be subject to inspection and evaluation
for the presence of lead-based paint hazards, or for the fees for
such inspection or revaluation, if the unit:
(a)
Has been certified to be free of lead-based paint;
(b)
Was constructed during or after 1978;
(c)
Is in a multiple dwelling that has been registered with the
Department of Community Affairs as a multiple dwelling for at least
10 years, either under the current or a previous owner, and has no
outstanding lead violations from the most recent cyclical inspection
performed on the multiple dwelling under the "Hotel and Multiple Dwelling
Law," N.J.S.A. 55:13A-1, et seq.;
(d)
Is a single-family or two-family seasonal rental dwelling which
is rented for less than six months duration each year by tenants that
do not have consecutive lease renewals; or
(e)
Has a valid lead-safe certification issued in accord with N.J.S.A.
52:27D-437.16(d)(2)
(5)
Fees. Notwithstanding any other fees due pursuant to this chapter
the following fees shall be paid:
(a)
Inspection fee. A dwelling owner or landlord shall owe a fee
in the amount of $500 plus the cost of laboratory testing for each
lead-based paint inspection conducted by the Borough. Said fee shall
be dedicated to meeting the costs of implementing and enforcing this
subsection and the required contribution to the New Jersey Lead Hazard
Control Assistance Fund [N.J.S.A. 52:27D-437.16(h)] and shall not
be used for any other purpose.
(b)
Administrative fee. Alternatively, a dwelling owner or landlord
may directly hire a private lead evaluation contractor who is certified
to provide lead paint inspection services by the Department of Community
Affairs in which case a $50 administrative fee shall be paid. Said
fee shall be dedicated to the costs of monitoring compliance with
this subsection.
