Township of Wyckoff, NJ Special Regulations; Permitted Modifications and Conditional Uses

B-1A Zone.

[Amended 2-2-1988 by Ord. No. 1021; 11-2-1998 by Ord. No. 1299]

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

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

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

[Added 9-7-2004 by Ord. No. 1477]

Schedule of off-street parking requirements for specific uses.

[Amended 11-15-1982 by Ord. No. 885; 9-7-2004 by Ord. No. 1477; 10-17-2017 by Ord. No. 1841]

	Permitted Use	Off-Street Parking Spaces Required
	Dwelling units	2 per dwelling unit
	Incidental home occupation	1 space per 250 square feet of gross floor area
	Offices located in dwelling units	1 space per 250 square feet of gross floor area
	Funeral homes	2 spaces per 100 square feet of gross floor area devoted to such use or 75 spaces, whichever is greater
	Places of assembly, including schools and houses of worship	1 space per 3 seats of permanent seating accommodations; where benches are provided, each 22 inches of bench shall be considered 1 seat; in areas where there are no fixed seats, 1 space for each 50 square feet of floor area
	Hospitals and similar institutions	1 space for each bed
	Industrial, manufacturing and assembly operations	1 space per 1,000 square feet of gross floor area
	Industrial/warehouse, office uses	1 space per 250 square feet for offices, plus 1 space per 1,000 square feet of gross floor area of warehouse

Schedule of off-street parking requirements for the B-1, B-1A, B-2 and B-3 Zones.

[Amended 9-7-2004 by Ord. No. 1477]

In the B-1, B-1A, B-2 and B-3 Zones, the parking requirements for the use permitted shall be as hereinafter set forth. If a particular use is not listed, the Planning Board or Board of Adjustment, as the case may be, shall determine the parking requirements at the time of development approval, based upon the parking requirements of similar uses.

[Amended 10-17-2017 by Ord. No. 1841; 7-21-2020 by Ord. No. 1917; 7-18-2023 by Ord. No. 1986]

Use	1 Space Required for Each Square Foot of Gross Floor Area Designated Below, with Calculations Based Upon Exterior Use Building Dimensions.
Academic tutoring services	1 space per 200 square feet of gross floor area.
Accessory uses clearly and customarily incidental to a permitted use being conducted on the same premises, except as hereinafter provided	None
Aerobic/gym facility, weight training and weight control establishments and recreation	1 space per 200 square feet of gross floor area other than storage, including basement space where the latter is used for business purposes other than storage, plus 1 space per 250 square feet of office and support areas.
Art galleries	200
Automobile parking operated in conjunction with permitted uses	None
Bakeries	200
Banks and financial institutions	1 space per 250 square feet of office area plus 1 space for each 200 square feet of customer service area.
Barbershops and beauty salons, massage therapy/tanning salon and the like (personal care)	1 space per 200 square feet
Bowling alley	4 spaces per alley
Chiropractor	200
Dance studio, center and work, and school of theatrical arts	1 space per 200 square feet of floor area devoted to such use
Drugstores	200
Dwelling, single-family	2 spaces per unit
Dwelling, two-family	2 spaces per unit
Food establishments
Eating and drinking establishments with no on-site consumption Retail establishments selling food and drinks with no on-site consumption or waiter service, such as deli, coffee bars, pizza and other similar establishments	1 parking space per 200 square feet of gross floor area
Eating and drinking establishments with on-site consumption Retail establishments selling food and drinks with on-site consumption and no waiter service, with or without a drive-thru window	1 parking space for each 200 square feet of gross floor area
Restaurants or bars where table service is provided	1 space per 3 seats, inclusive of tables, bar seats and parking needs generated by employees or 1 per 200, whichever is less
Food stores, retail	200
Hardware	200
Home occupations	1 space per 250 square feet of gross floor area
Insurance brokers and travel agencies	200
Medical doctors and dentists	200
Office, general, corporate, business and professional, except as otherwise listed in this schedule	250
Other business uses	1 space per 200 square feet of gross floor area, other than storage, including basement space where the latter is used for business purposes other than storage
Pet shops	200
Photographic studios	200
Public buildings of a governmental or cultural nature, but not including warehouses or workshops	200
Real estate brokers	1 space per 200 square feet of gross floor area
Retail sales and services, except those shops and stores specifically listed in this schedule	200
Stationery stores	200
Telephone exchanges	200
Theaters and assembly halls housed in a permanent structure	1 space per 3 seats
Videotape movies, rentals and sales	200

Site plan approval. Notwithstanding any provisions to the contrary in Chapter 168, Subdivision and Site Plan Review, and/or Chapter 46, Land Use Procedures, of the Code of the Township of Wyckoff, site plan approval by the Planning Board or the Board of Adjustment, as the case may be, shall be required in the B-1, B-1A, B-2, B-3, B-5, B-5/SDAH-2, L-1 and L-2 Zones for any new building or addition to an existing building (with the exception of a building or addition used or to be used solely as a single-family or two-family dwelling or accessory thereto) or for any change in use or occupancy of a building which would result in a change in the parking requirements, except where a variance from the parking requirements of the proposed use has been previously granted or where no land is available for parking. In any event, where the proposed use requires additional parking under Zoning Ordinance standards, a certificate of occupancy shall not be issued without the grant of necessary variances by the Board of Adjustment or Planning Board, as the case may be.

[Amended 1-17-2006 by Ord. No. 1519]

Whenever a parking area shall contain more than 50 parking spaces, the applicant shall, upon request of the Planning Board, submit a plan of the parking area showing the layout of the site, including the arrangement, location and width of all parking and loading spaces, driveways and walkways, prepared by a qualified traffic engineer.

Business off-street parking space in a residential zone. The off-street parking space required for business uses in the B-2 and B-3 Zones may be provided in a residential zone, subject to the following procedures and standards:

[Amended 9-7-2004 by Ord. No. 1477]

Location requirements. Such business off-street parking space in a residential zone shall be contiguous to the business property which it serves, not separated therefrom by a public street, and every portion of the parking area shall be located not more than 125 feet from the B-2 and B-3 Business Zones.

Other site requirements.

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

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

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

Whenever off-street parking plan approval is required for property within a residential zone, a buffer strip shall be required between the parking area and adjacent property located in a residential zone. See definition of "buffer strip."

Parking aisles. The width of the aisles of the parking areas shall meet the following requirements:

Ninety-degree parking: 24 feet.

Sixty-degree parking: 18 feet.

Forty-five-degree parking: 13 feet.

Thirty-degree parking: 11 feet.

For uses not listed in the schedule in Subsection C, the requirements shall be the same as those in the schedule in Subsection B.

All properties located in the Central Business Triangle Streetscape Master Plan, as depicted in the plan prepared by Volmer & Associates, dated October 1987, which complete improvements consistent with the Interior Block Parking Plan as approved and/or amended by the Township, and pay for their proportionate share of such improvements pursuant to § 186-26A(2) and as amended, shall receive a twenty-percent-credit towards their parking requirements pursuant to this section.

[Amended 9-7-2004 by Ord. No. 1477]

Parking lots for B-1 and B-1A Zones. The owner of a property in the B-1 or B-1A Zone who owns or acquires land in any zone within 300 feet of such property, whether a separate parcel or land contiguous to the property but within a different zone, may utilize such land to fulfill the property's parking requirements pursuant to this chapter. Such land must be solely dedicated to providing parking.

[Added 9-7-2004 by Ord. No. 1477]

§ 186-27 Off-street loading.

Off-street loading requirements. At the time of any erection, enlargement or change of use, every building or structure hereafter put into use for business or industrial purposes or as a hospital or other place of assembly shall be provided with off-street loading space in accordance with the following schedule:

[Amended 9-7-2004 by Ord. No. 1477]

	Use (gross floor area in square feet)	Off-Street Loading Spaces Required
	Business buildings, excluding banks and offices
	5,001 - 10,000	1 space at least 12 by 35 feet
	More than 10,000	2 spaces, each at least 14 by 60 feet, plus 1 space for each additional 20,000 square feet or increment thereof, each space at least 14 by 60 feet, plus 1 additional space for each truck owned and used by the business establishment

Clearance height; location. All loading spaces shall have a clearance height of at least 15 feet. Loading areas may not be located in any front yard nor closer than 2 1/2 feet to any rear lot line nor closer than five feet to any side lot line.

Maneuvering apron and access. An adequate maneuvering apron shall be provided in addition to the off-street loading space required above, and in no case shall the use of such loading space hinder the free movement of vehicles or pedestrians over a public right-of-way. Safe and adequate access to a public street shall be provided. The Planning Board at the time of site plan approval may permit combined access for parking and loading areas, provided that there is a finding that the volume of automobile and truck traffic is not great enough to cause an unsafe or hazardous condition.

Off-street loading approval. Prior to the issuance of any building permit or a certificate of occupancy in the B-1, B-1A, B-2, B-3, L-1 and L-2 Zones, a plan of off-street loading space shall be submitted to the Planning Board for review. No building permit or certificate of occupancy shall be issued by the Zoning Administrator prior to the approval by the Planning Board of the plan for off-street loading space. (The plan referred to above shall be a part of the off-street parking plan.)

Exempt from the above-mentioned loading requirements are all offices, banks and churches in the Township of Wyckoff.

§ 186-28 Signs.

Permitted signs. Except as herein provided, it shall be unlawful for any person, firm or corporation to erect, enlarge or relocate any sign within the Township of Wyckoff without first obtaining a sign erection permit from the Zoning Administrator. The Zoning Administrator shall issue a sign erection permit only for such signs specifically allowed and provided for by this chapter or for which a previous variance has been granted in accordance with the provisions of the Municipal Land Use Law[1] and the ordinances of this municipality. Prior to the erection of all other signs, application shall first be made to the Planning Board for site plan approval and variance approval. However, this chapter shall not apply to such signs as are required by any state, municipal or county health or safety code, rule or regulation, not exceeding two square feet in area.

[Amended 3-18-1986 by Ord. No. 981; 9-17-1991 by Ord. No. 1123]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

Sign permit procedure. Applications for sign erection permits and any extensions of such permits shall be made upon forms provided by the Zoning Administrator, which shall contain or have attached thereto the following information:

[Amended 6-6-2011 by Ord. No. 1651]

The name and address of the applicant.

The location of the premises on which the sign is to be erected.

Proposed exterior lighting, area and direction of illumination and the lumen power of all existing and proposed signs.

A reasonably accurate sketch or blueprint showing the location of the sign on the premises and the method of erection thereof and such other information as the Zoning Administrator may reasonably require under the circumstances of the particular application. (A photograph of the actual sign may be submitted in lieu of a sketch or blueprint.)

The written consent of the owner or lessor of the premises.

Each application for a sign erection permit and application for an extension of such permit shall be accompanied by a filing fee of $30.

General regulations.

No sign shall be erected except on the premises of the use or activity to which such sign refers or which it identifies or advertises, i.e., no off-premises sign. Except, in the B-1A Zone, when an ingress and egress driveway is eliminated from any lot where a business use or activity is conducted at the premises as a result of the implementation of the interior block parking plan, only one freestanding, directory ground sign, listing all business uses or activities being conducted at the premises on any of said lots, is permitted to be erected on the nearest lot, with an ingress and egress driveway within the same block which is part of the interior block parking plan. There shall be no other directory sign permitted on any other lot. The freestanding, directory ground sign shall be limited in area to 15 square feet, limited in height to six feet from the ground level and set back at least five feet from the property line. The determination of the nearest lot within the block shall be made by the Township Engineer of the Township of Wyckoff. When an ingress and egress driveway is eliminated from a lot where a business use or activity is conducted on the premises, said lot is permitted to have at the premises one freestanding, directional sign limited in area to three square feet, limited in height to four feet from the ground level and set back at least five feet from the property line.

[Amended 5-19-1998 by Ord. No. 1291]

No billboard shall be permitted. No sign otherwise lawful under this chapter shall be prohibited because of this subsection.

No string or streamers of flags, pennants, spinners or other similar devices intended to attract attention shall be permitted.

All signs shall remain in a fixed position, and revolving or moving signs are prohibited.

No roof sign shall be permitted.

No sign causing radio or television interference shall be permitted.

Illumination of all signs shall be arranged so that no direct glare is visible outside the boundaries of the lot upon which the sign is erected and no traffic hazard is created. Flashing signs are prohibited.

[Amended 11-15-1982 by Ord. No. 885]

It shall not be necessary to obtain a permit for any sign not exceeding one square foot in area and otherwise permitted by the schedule of sign regulations.

No exterior signs or window signs which are either attached to, erected, displayed or hung within 10 feet of the interior or exterior of any window, which are self-illuminating with electric, digital, LED or other technology or which have enclosed built-in sources of lighting through a translucent sign face, letter or panels, shall be permitted in any business, industrial or residential zone.

[Added 11-15-1982 by Ord. No. 885; amended 4-5-1993 by Ord. No. 1161; 4-5-2011 by Ord. No. 1644]

Exterior, remote, indirect, attached or ground-mounted illuminated signs shall be permitted, provided that the source or method of lighting conforms to all other provisions and regulations contained in this chapter. In addition, in business or industrial zones, all sign illumination shall be extinguished by 11:00 p.m. or upon the close of business serviced by the sign and lighting, whichever last occurs. Such signs shall not be illuminated before 7:00 a.m. or at the start of business, whichever is earlier.

[Added 11-15-1982 by Ord. No. 885]

Signs in residential zones may be illuminated only between the hours of 7:30 a.m. and 9:00 p.m.

[Added 11-15-1982 by Ord. No. 885]

(12)

No sign shall be illuminated by lighting of intermittent or varying intensity or color or by channel, gas-filled tubes, flashing light source or open neon or have any fluorescent or phosphorescent parts.

[Added 11-15-1982 by Ord. No. 885; amended 4-5-1993 by Ord. No. 1161]

Temporary signs. Temporary signs shall be permitted as follows:

[Amended 11-20-1979 by Ord. No. 809]

Residential property sale or rental signs.

[Amended 6-6-2011 by Ord. No. 1651]

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

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

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

In any nonresidential zone a maximum of two nonilluminated signs advertising the prospective sale or rental of the premises on which they are located, not exceeding 10 square feet in area, six feet in height, either attached to the wall of the building or, if a ground sign, set back 25 feet from the edge of the pavement or curb of any street, and provided that they shall be maintained and removed within seven days after the reaching of an agreement to sell or lease the premises.

A maximum of two nonilluminated signs on sites where construction is in progress pursuant to a Planning Board approved site plan or major subdivision, not exceeding 25 square feet in area, and provided that they shall be maintained and removed within seven days after completion of the construction work.

Signs for public and charitable purposes not exceeding 25 square feet in area, provided that the same do not otherwise violate the provisions of this chapter, including exterior decorating for holiday or patriotic purposes for a period not exceeding one month.

Signs for political speech purposes, provided that such signs are set back from the edge of the pavement or curb of any street, and provided that such signs do not cause a safety hazard by obstructing the view of drivers or pedestrians utilizing the public rights-of-way. Said signs shall not be permitted on public property, on any improved public roadway, public access easement, county roadway and/or state roadway.

[Amended 10-5-2016 by Ord. No. 1815]

The following signs shall be permitted in residential zones:

One nameplate sign not exceeding two square feet in area identifying the name of the house.

One nameplate not exceeding two square feet in area identifying a professional office conducted in the building on which the sign is displayed; any illumination thereof shall be indirect and nonintermittent.

One sign not exceeding 15 square feet in surface display area shall be permitted for a church, school, hospital or governmental agency, either attached to the wall of the building or, if a ground sign, set back 20 feet from the street line. Such signs may be illuminated by backlighting or by direct lighting, provided that the latter is so screened that light is not directed or reflected toward any adjacent residence.

One sign not to exceed 10 square feet in surface display area for each farm or roadside stand, either attached to the wall of the building or, if a ground sign, set back 10 feet from the street line.

The following signs shall be permitted in the business zones:

In the B-1A, B-1, B-2 and B-3 Zones, for retail and service establishments, one sign, located on the facade of the building, shall be permitted for each establishment, which sign shall refer only to that establishment and which shall be limited in size as follows:

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

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

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

[Added 5-19-1998 by Ord. No. 1291]

In the B-1, B-2 and B-3 Zones, retail and service establishments which are located on a lot of more than 10,000 square feet in area shall be permitted to have one ground sign, in addition to the facade sign, for each site plan, which shall be limited in area to 25 square feet and which shall be limited in height to eight feet from ground level and which shall be set back at least 20 feet from the property line.

In the B-4 Zone, recreational uses shall be permitted to have one sign for each use. If the sign is attached to the facade of the building, it shall be limited in area to two square feet of surface display area for each foot of the building width, with a maximum surface display area of 50 feet. If the sign is a ground sign, it shall be limited in area to 25 square feet, limited in height to eight feet from ground level and set back at least 20 feet from the property line. Buildings within the property may have one identifying sign per building, limited to five square feet.

In the B-5 and B-5/SDAH-2 Zone, planned community shopping centers may have a facade sign, not to exceed 40 square feet in area, plus individual signs for individual retail and service establishments with one square foot of surface display area for each foot of building width occupied by the retail or service establishment and a maximum of 40 square feet for each establishment. Planned community shopping centers shall also be permitted one ground sign, which may be a directory sign, for each major entrance on a different street, limited in area to 25 square feet, limited in height to eight feet from ground level and set back at least 20 feet from the property line.

[Amended 1-17-2006 by Ord. No. 1519]

In the B-1A Zone, office uses shall be permitted one facade sign for each office use in the building with no more than six square feet per use and a total sign area of no more than 24 square feet. Professional offices shall be permitted one ground sign no more than two square feet in area and no more than four feet high. Office uses in the B-1A Zone shall be permitted an additional facade sign for each office use in a building located on a lot which is currently part of an interior block parking plan. The additional sign shall only be located on the facade of the building which faces the interior block parking lot. The size of said sign shall conform to the requirements set forth in this section.

[Amended 5-19-1998 by Ord. No. 1291]

In the B-1, B-2 and B-3 Zones, business and professional office uses shall be permitted one identifying facade sign, limited to two square feet of surface display area for each one foot of building width with a maximum of 30 square feet, plus a directory sign for offices located on the lot, either on the facade or a ground sign, limited in area to 12 square feet for lots less than 20,000 square feet and limited in area to 25 square feet for lots of 20,000 square feet or more.

In the B-5 and B-5/SDAH-2 Zones, office uses located in a planned community center shall be subject to the same regulations as retail and service establishments.

[Amended 1-17-2006 by Ord. No. 1519]

In all business zones, banks shall be subject to the same sign regulations as retail and service establishments.

No paste-up signs are to be permitted on the exterior of business or office establishments; where paste-up signs are affixed to the interior of store or office windows, such signs shall be limited to 25% of the window area.

In all business zones, wherever canopies may be erected, projecting identifying signs shall be permitted for use, limited to two square feet in area.

In all business zones, facade signs shall project no more than eight inches from the face of the building.

The following signs shall be permitted in the industrial zones and shall be permitted for industrial uses in the B-4 Zone:

Industrial uses shall be permitted one facade sign per use, limited to two square feet of sign area per one foot of width of the building on which the sign is displayed, with a maximum surface display area of 50 square feet.

In addition, industrial uses shall be permitted one ground sign for each major entrance on a different street, limited in area to 25 square feet each, limited in height to eight feet from ground level and set back at least 20 feet from the property line.

§ 186-29 Fences, retaining walls and freestanding walls.

[Amended 3-6-1984 by Ord. No. 917; 7-17-1990 by Ord. No. 1098; 11-6-2000 by Ord. No. 1366; 12-17-2002 by Ord. No. 1423; 2-24-2004 by Ord. No. 1456]

Before any fence, retaining wall or freestanding wall can be erected, altered or reconstructed, but excluding the restoration or repair of an existing fence, retaining wall or freestanding wall having the same dimensions and restored or repaired with the same materials, within a front, rear or side yard setback, an application must be made to the Zoning Administrator for a fence zoning permit, and the application shall include a plot plan showing the location of the fence or wall, a description of the type of fence or wall to be erected and the height of the fence or wall, together with a fee as established in the Uniform Construction Code Ordinance of the Township of Wyckoff as supplemented and amended[1] or § 113-1B(11) of the Code of the Township of Wyckoff. All fences and/or walls in the Township of Wyckoff shall be subject to the rules and regulations as follows:

Residential zones.

Fences and retaining walls shall be permitted in front, side and rear yards. Freestanding walls shall be permitted only in the side and rear yards, except that freestanding walls which do not exceed a height of 24 inches above normal grade shall be permitted in the front yard.

Minimum setback. The required setback for fences and walls shall be as follows:

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

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

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

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

Maximum height. The maximum permitted height of fences, freestanding walls and retaining walls shall be as follows:

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

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

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

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

For fences and walls that are not uniform in height along the top of the fence, the height shall be measured to the highest point of the fence, except as provided otherwise herein.

For fences and walls located on sloping ground, the height shall be measured from the grade directly below the point of measurement.

[3]

The height of fences and walls shall be measured from normal grade. Normal grade shall be construed to be newly established grade after construction, disregarding any filling, berming, mounding, excavating or curbing which alters the grade at the base of the fence or wall from the grade in the general vicinity of the fence or wall.

[4]

In the case of fences, guardrails or other barriers located at the top of retaining walls, the combined height of the barrier and retaining wall shall not exceed the permitted height for either fences or walls, unless the barrier and wall are separated as provided in Subsection A(2)(d) above.

Sight distance. On a corner lot, no fence or wall may be erected within 25 feet of the point of intersection of the front and corner side lot lines in order to maintain clear visibility for traffic at the corner. In addition, no fence or wall shall be located on any property in any way which interferes with necessary sight distance for either operators of vehicles or pedestrians. When determining whether or not a fence or wall interferes with necessary safe sight distance, the following shall apply:

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

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

Safety barriers. The reviewing authority may, in appropriate instances, require a guardrail or other restraining device at the top of retaining walls if deemed necessary or advisable to protect persons, vehicles or equipment from falling off such walls.

Materials and construction. The following standards shall apply to the materials and construction of fences and walls:

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

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

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

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

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

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

Business zones. All rules and regulations within this section of the Code of the Township of Wyckoff which apply to walls and fences in residential zones shall also apply to fences and walls in all business zones, with the exception of the following:

In all business zones, there shall be no solid fences erected in the front yard unless required by the Planning Board at the time of site plan approval to screen adjoining uses.

A solid or other type of fence not to exceed six feet in height may be erected to enclose the rear yard of a property, including the area at the sides of the building up to the front yard, except in the case of a corner lot or a lot running through from one street to another, any yard abutting a street shall be subject to the same regulations as a front yard. No such fence shall be allowed if it interferes with the necessary safe sight distance as articulated in Subsection A(4).

All applications for new fences, with the exception of direct replacement, must be approved by the Planning Board as an amended site plan.

[Added 10-16-2007 by Ord. No. 1571]

Industrial zones. All rules and regulations within this section of the Code of the Township of Wyckoff which apply to walls and fences in residential zones shall also apply to fences and walls in all industrial zones, with the exception of the following:

In industrial zones, there shall be no solid fences erected in the front yard unless required by the Planning Board at the time of site plan approval to screen adjoining uses. Fences which are not more than 50% solid up to a height of six feet may be erected in the front yard, except that on a corner lot, no fence may be erected within 25 feet of the point of intersection of the front and corner lot lines in order to maintain clear visibility for the traffic at the corner.

A solid or other type fence not to exceed eight feet in height may be erected to enclose the rear yard of a property, including the area at the sides of the building up to the front yard except that on a corner lot or a lot running through from one street to another, any yard abutting a street shall be subject to the same regulations as a front yard. No such fence shall be allowed if it interferes with the necessary safe sight distance as articulated in Subsection A(4).

All applications for new fences with the exception of direct replacement, must be approved by the Planning Board as an amended site plan.

[Added 10-16-2007 by Ord. No. 1571]

Editor's Note: See Ch. 106, Construction Codes, Uniform.

§ 186-30 Special regulations for B-5 Zone.

The following special regulations shall apply in the B-5 Zone, providing separate requirements for site plan approval applicable to the B-5 Zone and containing separate parking and loading requirements for the B-5 Zone. Notwithstanding the provisions of §§ 186-26 and 186-27, the following requirements for site plan review, off-street parking and off-street loading shall apply in the B-5 Planned Community Shopping Center Zone:

Zoning permit review, B-5 Zone. Prior to the issuance of a construction permit and/or change in use or occupancy in the B-5 Zone, a complete zoning permit application with an approved site plan showing the proposed use and layout of structures, traffic access and parking, pedestrianways, landscaping and planting, drainage, lighting, provisions for refuse collection facilities, type and location of freestanding signs and related factors shall be submitted to the Zoning Officer for review and approval. Any favorable approval by the Zoning Officer shall include a finding that the proposed uses are permitted under this chapter and are consistent with the purpose of the zone. Findings shall also be made with respect to the adequacy of:

[Amended 10-2-2001 by Ord. No. 1399]

Traffic access.

Circulation, parking and loading.

Disposition of landscaped open space and provisions for buffer strips.

Arrangement of buildings.

Provisions for pedestrianways, drainage, lighting, and refuse collection facilities.

Off-street parking requirements, B-5 Zone.

Off-street parking facilities shall be provided as required in § 186-26, except that the minimum number of parking spaces required is reduced as follows:

[Amended 1-17-2006 by Ord. No. 1519]

Type of Use	Reduction in Space Requirements
All business uses other than second-story offices	1 space per 170 square feet of gross floor area, excluding basement storage space
Offices located on the second story	1 space per 300 square feet of gross floor area
All business uses other than second-story offices	1 space per 170 square feet of gross floor area, excluding basement storage space or mezzanine space above supermarkets in the B-5/SDAH-2 District, utilized consistent with the footnotes contained in the Schedule of Dimensional Requirements.

No underground, tier, multilevel or roof parking or parking within buildings except one-story garage is permitted. No parking facilities serving uses in the B-5 Zone shall be located in residential zones.

Off-street loading requirements, B-5 Zone. All business and office uses shall have adequate space and facilities for off-street loading, with loading spaces of adequate size and located so as not to interfere with traffic and pedestrian circulation within and adjoining the shopping center development. Each building with a store or stores requiring loading service by trailer trucks shall have at least one loading berth with a minimum width of 14 feet, a minimum length of 60 feet and a minimum clearance height of 15 feet. Such off-street loading berths shall be located or provided with appropriate screening so as not to be visible from adjoining public streets or from the principal off-street parking areas and pedestrian malls.

Buildings: side and rear elevations. Buildings shall be designed so as to avoid unsightly side and rear elevations.

§ 186-30.1 Special regulations for B-5/SDAH-2 Zone.

[Added 1-17-2006 by Ord. No. 1519]

The following special regulations shall apply in the B-5/SDAH-2 Zone, providing separate requirements for site plan approval applicable to the B-5/SDAH-2 Zone and containing separate parking and loading requirements for the B-5/SDAH-2 Zone. Notwithstanding the provisions of §§ 186-26 and 186-27, the following requirements for site plan review, off-street parking and off-street loading shall apply in the B-5/SDAH-2 Planned Community Shopping Center/Affordable Housing Zone.

Zoning permit review, B-5/SDAH-2 Zone. Prior to the issuance of a construction permit and/or change in use or occupancy in the B-5/SDAH-2 Zone, a complete zoning permit application with an approved site plan showing the proposed use and layout of structures, traffic access and parking, pedestrian ways, landscaping and planting, drainage, lighting, provisions for refuse collection facilities, type and location of freestanding signs and related factors shall be submitted to the Zoning Officer for review and approval. Any favorable approval by the Zoning Officer shall include a finding that the proposed uses are permitted under this chapter and are consistent with the purposes of the zone. Findings shall also be made with respect to the adequacy of:

Traffic access.

Circulation, parking and loading.

Disposition of landscaped open space and provisions for buffer strips.

Arrangement of buildings.

Provisions for pedestrianways, drainage, lighting and refuse collection facilities.

Off-street parking requirements, B-5/SDAH-2 Zone.

Off-street parking facilities shall be provided as required in § 186-26, except that the minimum number of parking spaces required is reduced as follows:

Type of Use		Reduction in Space Requirements
All business uses other than second story offices		1 space per 170 square feet of gross floor area, excluding basement storage space, loading dock appendages and any mezzanine levels of the building
Offices located on the second story		1 space per 300 square feet of gross floor area
Apartments
	One-bedroom	1.8 spaces
	Two-bedroom	2.0 spaces
	Three-bedroom	2.1 spaces

No underground tier, multilevel or roof parking or parking with buildings except one-story garage is permitted. No parking facilities serving uses in the B-5/SDAH-2 Zone shall be located in any adjacent residential zone.

For the purposes of the B-5/SDAH-2 Zone, an off-street parking space shall have dimensions of nine feet by 18 feet, irrespective of any other provision in the Township of Wyckoff Zoning Ordinance.

Off-street loading requirements, B-5/SDAH-2 Zone. All business and office uses shall have adequate space and facilities for off-street loading, with loading spaces of adequate size and located so as not to interfere with traffic and pedestrian circulation within and adjoining the shopping center development, provided that existing buildings situated on-site as of the date of the adoption of this section and mixed use buildings with commercial and residential uses shall not be required to provide loading spaces in instances where the individual retail spaces do not exceed 12,000 square feet of floor area. Each building with a store or stores requiring loading service by trailer trucks shall have at least one loading berth with a minimum width of 14 feet, a minimum length of 60 feet and a minimum clearance height of 15 feet. Such off-street loading berths shall be located or provided with appropriate screening so as not to be visible from adjoining public streets or from the principal off-street parking areas and pedestrian malls. "Loading dock," for the purposes of this zone district, is defined as an open or enclosed platform used solely for the loading and unloading of goods and material.

Buildings:

Building side and rear elevations facing public streets shall be designed with the same material as the front of the building.

The maximum height shall be limited to one story and 40 feet, with an exception for a second-story mezzanine in a supermarket which shall not be occupied as retail space but may be occupied as office space, meeting room for the supermarket and also be available as a community room and that may be used to house HVAC and compressor equipment, and employee lockers, and a second story provided for apartments for affordable housing units. Notwithstanding the above, any such building containing a second story shall be limited to 40 feet in height.

The B-5/SDAH-2 Zone district requirements are based on and designed to implement concept plans prepared by Langan Engineering entitled "Boulder Run Shopping Center" dated August 17, 2004, as amended.

Definitions. For the purpose of this section of the chapter, the following words have the definitions noted below:

LOADING DOCK

An open or enclosed platform used solely for the loading and unloading of goods and material.

SERVICE USES

Establishments engaged in rendering services directly to the ultimate nonwholesale consumer.

§ 186-31 Design review.

[Amended 7-30-1985 by Ord. No. 964; 1-20-1987 by Ord. No. 998]

The following special regulations shall pertain to all zones and provide for a design review of all proposed buildings, additions to or exterior alterations of buildings:

Design Review Committee. There shall be a Design Review Committee, which shall be an advisory committee to the Planning Board, consisting of five members who shall be appointed by the governing body for three-year terms on a staggered basis. The governing body may also appoint two alternate members of the Design Review Committee who shall each be appointed for a term of two years from January 1 of the year of appointment. The alternate members shall be designated by the governing body as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members. Members shall be residents of the Township of Wyckoff, except that one member may be a nonresident. All vacancies shall be filled for the unexpired term of any members whose place shall become vacant. The Uniform Construction Code Official of the Township Committee shall serve as a consultant to the Design Review Committee and shall attend its meetings when required by the Committee. The Design Review Committee shall judge the effects of a proposed building, addition to or exterior alteration of a building containing any nonresidential use in any zone upon the desirability, property value and development of the surrounding area in accordance with procedures and standards hereinafter set forth.

[Amended 3-2-1993 by Ord. No. 1160]

Meetings. Meetings of the Design Review Committee shall be held at the call of the Chairman of said Committees but within 15 days of the date of any application for nonresidential development or within such shorter time as may be necessary to give timely advice and recommendation to the Planning Board or Board of Adjustment in its consideration of any plan for development.

Regulations. The Committee shall have the power to adopt, amend and repeal rules and regulations, not inconsistent with law or the provisions of this chapter, or governing its procedure and for the purpose of putting into effect the standards herein set forth. Every such regulation or amendment and every determination of the Committee shall be filed promptly with the Township Clerk and Secretary of the Planning Board and shall be a public record.

Application procedure.

A copy of every application for nonresidential development in any zone shall be forwarded to the Chairman of the Design Review Committee by the Planning Board or Board of Adjustment Secretary immediately upon receipt thereof, together with the required plans. The Committee shall report to the Planning Board or Board of Adjustment at its next scheduled meeting falling at least 15 days after the receipt of the subject application by the Design Review Committee. The report shall include a statement of findings on the proposed plan in regard to the design standards herein contained and recommendations for acceptance or amendment based on the findings.

The Planning Board or Board of Adjustment shall consider the report of the Committee in its review of the site plan.

The application shall include preliminary plans of the building; description of construction materials and colors to be used; lighting plan; and detailed landscaping plan.

Design standards. In reviewing a development application, the Design Review Committee and the Planning Board or Board of Adjustment shall be guided by the following standards. These standards are intended to provide a guide for the applicant in the development of site and building plans, as well as a guide for the reviewing authorities. These standards are not intended to discourage creativity, invention or innovation or to specify a particular architectural style.

The intent and purposes of the Zone Plan and Master Plan of the Township of Wyckoff shall serve as a guideline, and the provisions thereof, which are on file in the office of the Clerk of the Township of Wyckoff, are incorporated herein by reference and made a part hereof.

All lot areas not covered by buildings, parking space or necessary driveways and walkways shall be landscaped with plant material consisting of trees, shrubs, grass or ground cover. Not more than 10% of the landscaped area shall be covered by ornamental gravel or stones. Artificial landscaping may not be used on the exterior. Where building sites limit planting, the placement of trees or shrubs in parkways or paved areas is encouraged and shall be reviewed by the Design Review Committee.

The landscape shall be preserved in its natural state in so far as practicable by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of neighboring developed areas. Grades of walks, parking spaces, terraces and other paved areas shall provide an inviting and stable appearance.

Proposed structures, additions or alterations shall be related harmoniously to the terrain and to existing buildings in the zones that have a visual relationship to the proposed structure. Where screening is required, such screening shall be effective in winter and summer wherever practicable.

Electric and telephone lines shall be underground wherever practicable. Any utility installations remaining above ground shall be located so as to have harmonious relation to neighboring properties and the site wherever practicable.

The location, design, color, texture, materials and lighting of all signs shall not detract from the design of proposed buildings, additions or alterations or the design of neighboring properties nor create confusion with traffic signs or other signs. Exterior lighting, when used, should enhance the building design and the adjoining land-scape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting should be shielded and restrained in design. Excessive brightness or brilliant color should be avoided.

Freestanding air-conditioning units or other exterior heating or cooling units or necessary exterior machinery or mechanical equipment or other utility hardware on roofs, ground or buildings should be screened by solid fencing, solid evergreen planting or other effective screen.

No structure, addition or exterior alteration shall be of such character as to cause depreciation of property values or impair appropriate development of neighboring properties in any zone.

No structure, addition or exterior alteration shall be erected which would constitute excessive uniformity, monotony of design, dissimilarity or inappropriateness of design in regard to neighboring properties.

Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationship to one another.

Colors shall be harmonious, with bright or brilliant colors used only for accent.

§ 186-32 Regulations for senior citizen residential cluster development.

Purpose. The purpose of the senior citizen residential cluster development option is to provide for detached or attached single-family dwellings for senior citizens, taking into account that the density and lot size requirements otherwise applicable in the R-15 Zone are not appropriate for special housing for senior citizens. Furthermore, its purpose is to provide a use which will preserve desirable open spaces, respect existing topographic features through better utilization, promote development of conservation areas, recreation and park areas and lands for other public purposes by permitting the reduction of lot sizes and certain other regulations stated below without increasing the number of lots in the total area to be developed.

Regulations. The senior citizen residential cluster development will be permitted in the R-15 Zone in accordance with the following regulations:

Tract size. The minimum size of the development shall be 20 acres.

Number of units. The total number of dwelling units in the development shall be not more than five times the total number of acres in the development [five units per acre].

Individual lots. In the case of a development with individual lots, all lots in the development may be reduced in area to contain no less than 3,000 square feet and front, side and rear yards may be respectively reduced to 25 feet, 10 feet and 25 feet, except that a corner side yard shall be not less than 15 feet. The lots shall be not less than 24 feet in width and 100 feet in depth. The lot coverage shall be not more than 40% for one-story buildings and not more than 30% for two-story buildings. The minimum habitable floor area for occupancy in dwelling units containing one bedroom shall be not less than 598 square feet, and in dwelling units containing two bedrooms or more, not less than 771 square feet. In the case of attached dwellings, two adjacent dwellings may have one or two common walls, which walls shall be located on side and/or rear property lines. End dwellings shall have a side yard of at least 10 feet. There shall be at least 10 feet between the perimeter property lines of groups of attached dwellings. A group of attached dwellings shall contain not more than four dwellings. All other bulk and setback regulations shall be the same as required for single-family development in the R-15 Zone.

Minimum requirements. No individual lots shall be required in a development for condominium or cooperative ownership. Dwelling units may be detached or attached in groups of two to four units. The following minimum requirements shall apply to each dwelling unit or group of units:

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

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

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

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

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

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

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

(h)

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

(i)

Maximum building height: two stories, 35 feet.

(j)

Maximum coverage of entire development: 20%.

Parking. Two off-street parking spaces shall be provided for each dwelling unit, one of which may be in a garage. Detached group garages may be permitted in any senior citizen cluster development. Any individual garage or carport provided must be attached to the dwelling unit to be served by such garage or carport. Any driveway on an individual lot or serving an individual garage shall be not more than 10 feet wide. Up to 25% of the required parking spaces for the development may be provided in common parking areas, provided that parking spaces in such areas are accessible from a private street or drive and are not accessible directly from a public street.

Streets. Where a dead-end street or a dead-end common parking area is not more than 150 feet in length, no turning circle shall be required. Where any dead-end street or private drive or dead-end common parking area is more than 150 feet in length, a turning circle shall be provided at the terminus of such street, drive or parking area, except that parking spaces may be provided beyond the paved perimeter of the turning circle.

Sidewalks. Concrete sidewalks shall be provided in accordance with the provisions of the Land Subdivision and Site Plan Ordinance for the Township of Wyckoff,[1] where needed to protect the safety of pedestrians.

Editor's Note: See Ch. 168, Subdivision and Site Plan Review.

Common open space. An agreement shall be entered into between the developer and the Township providing for common open space for the use and benefit of the residents of the development before final approval is granted by the Planning Board. Said common open space shall be equal to not less than 20% of the entire area of the development. Ownership and maintenance of any common open space shall be as provided in the Land Subdivision and Site Plan Ordinance of the Township of Wyckoff and the Municipal Land Use Law.[2] At least 50% of the area of the common open space shall measure not less than 100 feet in width. Any community building or active recreation facilities shall be located at least 50 feet from any residential structure.

Editor's Note: See Ch. 168, Subdivision and Site Plan Review. See, also, N.J.S.A. 40:55D-1 et seq.

Buffer zone. Where the senior citizen residential cluster development abuts another residential zone, there shall be a landscaped or naturally wooded buffer strip 50 feet wide abutting the other residential zone and such buffer strip shall not be used for any buildings, parking areas, driveways or for active recreation.

Sewers. No dwelling unit shall be constructed unless such unit can be connected to an available public sewer system or a package sewer treatment plant that has received the necessary approvals of the appropriate public agencies.

No person, firm or corporation, or agents, servants or representatives of any of the foregoing, shall occupy, rent, lease, sell, transfer title to nor permit the occupancy of, the letting of, the sale of, nor allow any person, firm or corporation to live in or upon or inhabit as a tenant or occupant or to occupy as any new owner, tenant, co-tenant or co-owner, any dwelling unit unless and until a certificate of occupancy shall first have been obtained from the Construction Official of the Township of Wyckoff to assure that occupancy will not be in violation of any of the terms and conditions of this chapter.

[Added 6-15-1982 by Ord. No. 871]

§ 186-33 Cluster development in RC-25 Zone. [1]

Cluster development in the RC-25 Zone will be permitted in accordance with the following regulations:

Tract size. The minimum size of the development shall be 10 acres.

Number of units. The total number of dwelling units in the development shall be not more than the number of units which could be built under the provisions of the RA-25 Zone. This number shall be determined from a sketch plat of the property drawn to show development under the provisions of the RA-25 Zone. Such sketch plat shall conform to the requirements of Article VII of the Land Subdivision and Site Plan Ordinance,[2] except that information shown on the sketch plat for cluster development which is identical to information for development under the RA-25 requirements need not be shown.

Editor's Note: See Ch. 168, Subdivision and Site Plan Review, § 168-10 et seq.

Lot size. All lots in the development may be reduced in area to contain no less than 15,000 square feet.

Common open space. All land not occupied by public streets or individual lots shall be designated as common open space and conveyed to a homeowners' association for open space and/or recreation. Said common open space shall amount to the percentage of the total development equal to the percentage that the average lot area is reduced from 25,000 square feet, but in no case shall the common open space total less than four acres, nor shall any individual parcel of open space be less than two acres in size. At least 80% of the common open space shall measure not less than 100 feet in width. Any active recreation facility or any recreation building shall be located at least 50 feet from any residential structure.

Ownership and maintenance of common open space. An agreement shall be entered into between the developer and the Township providing for common open space for the use and benefit of the residents of the development before final approval is granted by the Planning Board. Ownership and maintenance of the common open space shall be as provided in the Land Subdivision and Site Plan Ordinance of the Township of Wyckoff and in the Municipal Land Use Law.[3]

[3]

Editor's Note: See Ch. 168, Subdivision and Site Plan Review. See, also, N.J.S.A. 40:55D-1 et seq.

Editor's Note: Ordinance No. 1995, adopted 12-19-2023, stated that the regulations set forth in this section do not apply to the SF/AH3 Zone.

§ 186-34 Permitted modifications.

Structures permitted above the height limit. The height limitations of this chapter shall not apply to chimneys, church spires, gables, cupolas, flagpoles, monuments, cooling towers or silos, provided that the aforementioned structures shall not cover any level more than 10% of the area of the roof on which they are located, and provided further the same shall not exceed the prescribed height limitation by more than 50%.

Architectural features. Architectural features may project into required yards as specified in the following schedule:

	Structure	Permitted Projection Into Yards
	Cornices, eaves, gutters	1 foot
	Sills, leaders, ornamental features	6 inches
	Fire balconies and escapes	4 feet
	Bay windows and oriel windows less than 10 feet wide	4 feet
	Chimneys of less than 60 square feet of horizontal area	2 feet
	Entrance steps	6 feet

§ 186-35 Look-alike dwellings.

[Added 6-19-1984 by Ord. No. 927]

The Building Inspector shall not issue a building permit for any detached single-family residential dwelling to be erected within the Township of Wyckoff if it shall appear from the plans submitted therefor that said dwelling is substantially like another dwelling in design and appearance within 300 feet of the proposed dwelling and on the same or opposite side of the street. The Building Inspector shall make such a determination on the basis of existing structures and structures for which building permits have been issued and in accordance with the standards provided hereafter in Subsection B. The distance herein specified shall be construed to mean the distance between street property lines of the respective properties.

In making the determination provided for above, the Building Inspector shall determine that dwellings look substantially alike if they have in common any one of the following characteristics:

The same basic dimensions and floor plans are used without substantial differentiation of one or more exterior elevations.

The same basic dimensions and floor plans are used without substantial change in orientation of houses on the lots.

The height and design of the roofs are without substantial change in design and appearance.

The size, type and location of windows and doors in the front elevation are without substantial differentiation.

Where the enforcement of the above provisions of this section would entail unnecessary hardship, an applicant for a building permit may appeal from a decision of the Building Inspector to the Township Committee, which may, in determining any such appeal, make reasonable exceptions and order issuance of a permit subject to conditions that will prevent a depreciation of property values or other adverse effects upon the community. In the event of such an appeal, notice thereof shall be filed with the Township Clerk not more than two weeks after the denial of a building permit by the Building Inspector.

§ 186-36 Conditional uses.

Conditional uses, generally.

The Planning Board of the Township of Wyckoff, pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the Land Use Procedure Ordinance of the Township of Wyckoff as amended and supplemented,[1] shall grant or deny an application for a conditional use in accordance with the procedures established therein and upon compliance with the requirements as hereinafter set forth.

Editor's Note: See Ch. 46, Land Use Procedures.

The review by the Planning Board of a conditional use shall include site plan review pursuant to the Land Subdivision and Site Plan Ordinance of the Township of Wyckoff as amended and supplemented.[2] The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the Planning Board or within such further time as consented to by the applicant. This time period on conditional uses shall also apply to site plan review in such cases.

Editor's Note: See Ch. 168, Subdivision and Site Plan Review.

Communication towers.

[Amended 9-7-2004 by Ord. No. 1477[3]]

Definition. "Communication towers," as defined herein shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto. The enumeration contained herein is by way of illustration but not limitation.

Area, bulk and yard requirements are as follows:

Minimum lot size: one acre.

Minimum front yard setback: 40 feet.

Minimum rear yard setback: 40 feet.

Minimum side yard setback: 40 feet.

Locations permitted.

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

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

Additional requirements.

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

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

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

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

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

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

[3]

Editor's Note: This ordinance also renumbered this subsection from § 186-8G and former § 186-36B, Excavation and soil removal, has been renumbered as § 186-22T.

Automobile service stations (see definition).

Applications. Applications shall be accompanied by detailed plans showing the location of the service station, the number of tanks to be installed, the dimension and capacity of each tank, the depth at which the tank will be placed below the ground, the number of pumps to be installed and all structures.

Special findings. The Planning Board shall not approve an automobile service station unless there is a finding that adequate provision is made for the following:

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

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

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

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

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

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

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

Special regulations for automobile service stations.

[Amended 2-19-1985 by Ord. No. 944]

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

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

There shall be no display or storage of materials, merchandise, supplies or accessory equipment except for the outdoor storage of lubricants in sealed containers or new tires in any front, side or rear yard, or in any open space area, including but not limited to aisles, sidewalks, walkways, driveways, exits and entrances.

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

Public utility uses. Public utility uses such as substations and pumping facilities necessary to service the municipality may be permitted in any zone after approval by the Planning Board in accordance with the following standards:

Application. Application for public utility uses such as substations and pumping facilities necessary to service the municipality shall be accompanied by site plans, specifications and a statement setting forth the need and purpose of the installation.

Special findings. The Planning Board shall not approve a public utility unless there is a finding that the particular use is essential for service by the utility to the neighborhood or area in which the particular use is to be located and that the application is reasonable in all respects, and further that the most suitable location has been chosen.

Special regulations for public utility uses.

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

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

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

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

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

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

Cemeteries.

Application. Applications for cemeteries in connection with and operated by churches existing within the Township of Wyckoff may be permitted in the RA-25 and R-15 Residential Zones, and the applications shall contain the following information:

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

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

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

Special findings. The Planning Board shall not approve a cemetery if any of the following are found:

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

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

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

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

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

Special regulations for cemeteries.

Minimum area: 25 acres.

Minimum setbacks.

Graves: 30 feet from any street line, 30 feet from any property line.

Permitted accessory buildings: 150 feet from any street line, 100 feet from any property line.

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

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

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

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

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

Temporary uses. Uses otherwise not permitted in a zone may be permitted for a period of six months in the public interest and general welfare where recommended by the Planning Board and approved by the Township Committee because of a public emergency. Applications for such exceptions shall be heard and decided as provided in Subsection A of this section.

Hospitals; sanatoriums; nursing homes; churches and other similar places of worship, including accessory buildings incidental thereto; public or private colleges and universities; libraries; public schools and private schools having curricula approximately same as ordinarily given in public schools shall be permitted as a conditional use in the RA-25 and R-15 Residential Zones, provided that all the requirements of this subsection are met as follows:

Frontage. The principal frontage of a proposed conditional use shall be on an arterial or collector street as defined in the Master Plan of the Township of Wyckoff.

Location. The lot upon which a proposed conditional use is to be located must be a minimum distance of 1,000 feet from any other lot upon which there is located a hospital, sanatorium, nursing home, church or other similar place of worship, including accessory buildings incidental thereto, public or private college or university, library, public school or private school having curricula approximately same as ordinarily given in public schools; however, if the lots front on different streets, the minimum distance of 1,000 feet between lots shall be measured by the shortest route along the public streets upon which each lot fronts. The requirement shall not apply to applications which have been filed for site plan review with the Planning Board prior to March 7, 1978. This requirement shall not apply to existing uses which would be within the definition of a conditional use by virtue of the enactment of this chapter.

Minimum lot size; yard requirements; and maximum building coverage. See Article IV, Dimensional Requirements.

Design. The proposed conditional use shall be designed in accordance with the standards and principles set forth in the Land Subdivision and Site Plan Ordinance of the Township of Wyckoff.[4]

[4]

Editor's Note: See Ch. 168, Subdivision and Site Plan Review.

Maximum height. See Article IV, Dimensional Requirements, and also Article VI, § 186-34A, Structures permitted above the height limit.

Off-street parking and off-street loading. See Article VI, § 186-26, Off-street parking, and § 186-27, Off-street loading. However, the area designated for off-street parking for a conditional use in the RA-25 and R-15 Zones must be a minimum of 40 feet from the front yard lot line, 20 feet from the side yard lot line and 40 feet from the rear yard lot line.

Landscaping; open space; design standards; improvements; and miscellaneous requirements. The proposed conditional use shall meet all the requirements for landscaping, open space, design standards, improvements and all other requirements of this chapter and the Land Subdivision and Site Plan Ordinance of the Township of Wyckoff.[5]

[5]

Editor's Note: See Ch. 168, Subdivision and Site Plan Review.

Access. The entrance of all access driveways to the lot must be a minimum of 250 feet from the intersection of any collector and arterial streets. All references to provisions of this chapter, the Land Use Procedure Ordinance or Land Subdivision and Site Plan Ordinance of the Township of Wyckoff[6] are intended to be incorporated herein, as amended and supplemented, as a part hereof by way of reference as though set forth herein at length.

[6]

Editor's Note: See Ch. 46, Land Use Procedures; and Ch. 168, Subdivision and Site Plan Review.

Antennas.

[Added 8-21-1984 by Ord. No. 934; amended 12-13-1988 by Ord. No. 1051]

CONVENTIONAL TELEVISION OR RADIO ANTENNA

Definitions. As used in this subsection, the following words shall have the meanings indicated:

COMMERCIAL ANTENNA

Any apparatus which is designed for the purpose of sending, or receiving television, radio, cellular telephone or similar signals which is not located on, mounted upon or attached to a tower, self-supporting lattice tower, guyed tower, monopole tower, radio and television transmission tower, cellular telephone tower or any similar structure, and is intended to be used by third parties other than those residing on the property upon which the apparatus is located.

[Added 12-16-1997 by Ord. No. 1276]

Any receiving antenna other than a satellite antenna.

SATELLITE ANTENNA

Any apparatus that is more than one meter in diameter capable of receiving signals from geostationary orbital satellites and/or designed to receive direct broadcast satellite service, including direct-to-home satellite services or designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services and local multipoint distribution services.

[Amended 4-15-1997 by Ord. No. 1267]

SATELLITE EARTH STATION

Any apparatus that is one meter or less in diameter designed to receive direct broadcast satellite service, including direct-to-home satellite services, or designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services and local multipoint distribution services.

[Added 4-15-1997 by Ord. No. 1267]

Application.

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

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

Purpose and intent.

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

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

A satellite antenna is permitted only as a conditional use. No satellite antenna shall be permitted on a lot unless such lot shall contain a principal structure situate thereon.

Location.

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

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

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

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

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

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

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

[Added 10-17-1989 by Ord. No. 1076]

[7]

Editor's Note: See Ch. 108, Uniform Construction Codes.

Antenna size and number.

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

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

The diameter of satellite antennas shall not exceed 12 feet.

No lot shall have more than one satellite antenna.

Conditional use approval required. No satellite antenna or ground-mounted conventional television or radio antenna shall be erected on any lot without obtaining a conditional use approval from the appropriate municipal board, according to law.

Miscellaneous provisions.

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

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

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

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

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

Satellite earth stations.

[Added 4-15-1997 by Ord. No. 1267]

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

A satellite earth station shall be safely constructed and mounted.

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

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

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

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

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

(h)

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

(i)

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

(j)

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

(k)

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

(l)

Roof-mounted satellite earth stations.

Flat roofs and mansard-style roofs. No roof-mounted satellite earth station may extend above the roofline more than four feet when mounted on a flat roof or mansard-style roof. However, upon a showing that such roof-mounted antenna will not receive adequate reception under the restrictions of this subsection, the minimum height necessary for reasonably satisfactory reception may be allowed. Roof-mounted antennas on a flat roof shall be located in the center of the roof structure to reduce visibility.

All other style roofs. No roof-mounted satellite earth station may extend above the highest point of the roof more than four feet when mounted on all other style roofs and must be located on the portion of the roof facing the rear yard or, if this would unreasonably limit signal reception, the side yard. However, upon a showing that such a roof-mounted antenna will not receive adequate reception under the restrictions of this subsection, the minimum height necessary for reasonably satisfactory reception may be allowed.

(m)

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

[Amended 4-18-2000 by Ord. No. 1350]

(n)

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

A commercial antenna is permitted as a conditional use only in the B-1, B-1A, B-2, B-5, B-5/SDAH-2, L-1 and L-2 Zones pursuant to the following conditions and requirements:

[Added 12-16-1997 by Ord. No. 1276; amended 1-17-2006 by Ord. No. 1519]

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

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

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

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

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

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

In granting a conditional use under this subsection, the Planning Board may impose conditions to the extent the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed commercial antenna on the adjoining properties.

(h)

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

(i)

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

(j)

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

The equipment shall not occupy more than 100 square feet of gross floor area within the building.

BUILDING-INTEGRATED PHOTOVOLTAIC PANELS

The equipment and the area within the building where the equipment is located shall comply with all applicable building codes.

§ 186-36.1 Solar panel installation.

[Added 1-17-2012 by Ord. No. 1675]

Definitions. As used in this section, the following terms shall have the meanings indicated:

Solar panels that are mounted directly to the underlayment of a roof with individual receptive cells that act as the roof shingles and have the appearance of roof shingles and generate low voltage direct electrical currents.

[Added 7-18-2023 by Ord. No. 1985]

SOLAR ENERGY SYSTEM

A solar energy system and all associated equipment which converts solar energy into usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.

SOLAR PANELS

A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system, including, but not limited to, tempered glass aluminum frame panels, building-integrated photovoltaic panels, and flexible laminate solar modules.

[Amended 7-18-2023 by Ord. No. 1985]

SOLAR PRODUCTION RATION or SPR

The ratio between how much power a solar power system is estimated to produce in relation to the size of the system. Production ratio = year one production estimate/system size (watts).

[Added 7-18-2023 by Ord. No. 1985]

Purpose. The purpose of this section is to establish requirements for the installation of solar panels within the Township of Wyckoff and to protect the safety of firefighters and first responders that will interact with solar panels and solar energy systems.

[Amended 7-18-2023 by Ord. No. 1985]

Permit requirements.

Before any solar panel may be installed, plans for such installation shall be submitted to the Wyckoff Building Department and Wyckoff Fire Department officials. No solar panel shall be installed without a permit issued by the Township.

The design of the solar panel system shall conform to all applicable industry standards including the New Jersey Uniform Construction Code, the National Electric Code and the Wyckoff Building Code and Zoning Regulations. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certified organization and any such design shall be certified by an engineer registered in the State of New Jersey. The manufacturer specifications shall be submitted as part of the application.

Installation requirements.

Solar panels shall be permitted as a rooftop installation in any zoning district. A roof-mounted system may be mounted on a principal building or accessory building.

Roof-mounted solar panels on sloped roofs shall be flush mounted parallel to the roof angle and shall not exceed a height of 12 inches above the rooftop and, in no event, shall exceed the maximum permitted height in the zone for the structure or building.

[Amended 7-18-2023 by Ord. No. 1985]

A roof-mounted solar panel that is mounted on a flat roof may be angled to achieve maximum sun exposure but shall not exceed five feet above the roof. No such mounted solar panel shall exceed the maximum permitted height of the structure.

All roof-mounted solar panels shall be installed at least three feet from the roof edges and roof ridgeline.

[Amended 7-18-2023 by Ord. No. 1985]

Roof-mounted solar panels shall not be permitted on the front roof of a structure which faces a street, except as permitted below. This requirement shall also apply to the side street of a corner lot. Solar panels shall be located on a rear-or-side-facing roof, as viewed from any adjacent street. Notwithstanding the above, installation of solar panels on a street-facing roof may be permitted if the following is complied with:

[Amended 7-18-2023 by Ord. No. 1985]

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

Solar panels must be flush mounted to the roof; and

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

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

Editor's Note: See Ch. 123.

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

Notwithstanding any other provision of this chapter, building-integrated photovoltaic panels that act as roof shingles and have mountings that allow for the panels to cantilever or hinge away from the underlayment of a roof are permitted on the front roof of a structure that faces a street.

[Added 7-18-2023 by Ord. No. 1985[2]]

Editor's Note: This ordinance also redesignated former Subsections D(6) through D(12) as Subsections D(7) through D(13), respectively.

Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties, businesses, residential homes or roadways.

All exterior electrical lines must be painted a color scheme that matches as closely as reasonably possible the color of the structure and adjacent materials.

An external disconnect switch, which is clearly identified and unobstructed, shall be provided.

Signage identifying the use of solar panels shall be posted at an easily visible location. The signage shall clearly state the name, address and telephone number of the vendor authorized to deactivate the solar panel system in the case of an emergency.

In addition to the required signage, property owners shall provide the Township Fire Official with a map illustrating the location of the disconnect switch, as well as any information regarding the vendor authorized to deactivate the solar panel.

(12)

Marking is required on all interior and exterior direct conduit, raceway, enclosures, cable assemblies and junction boxes to alert the Fire Service to avoid cutting them.

(13)

Ground-mounted solar energy systems shall not be located in the front or side yards and shall have side and rear yard setbacks of no less than 20 feet. No part of the ground-mounted solar energy system shall exceed seven feet in height.

(14)

All energy storage systems or backup battery systems shall be specified and clearly located on plans for review and approval by appropriate Township officials.

[Added 7-18-2023 by Ord. No. 1985]

§ 186-36.2 Planting requirements.

[Added 10-15-2019 by Ord. No. 1893]

Development applications may seek to preserve existing plant material that is in good health and which can be accommodated in the development plan; provided, however, that such existing plant material is consistent with the standards described herein and the same is approved by the municipal board or individual reviewing the plan.

All trees to be preserved within the limit of disturbance shall have tree protection measures.

All planting materials and methods shall meet the standards of the American Association of Nurserymen.

Buffers shall be required where noted in the Township's Land Use Ordinance or when required by a Land Use Board. The term "buffer strip" shall be encompassed by the term "buffer" as used herein.

Buffers shall provide a year-round screen that will effectively insulate and screen the view of the use from adjoining properties.

Buffers shall be planted with dense masses and groupings of shade trees, ornamental trees, evergreen trees and shrubs which are generally deemed deer- and drought-resistant and heat tolerant.

Buffers shall utilize existing plantings in the buffer area to the extent possible and appropriate given the health and density of the plant material.

No less than 75% of the buffer length shall be evergreen trees.

One deciduous tree shall be planted every 50 feet of buffer length.