A.
Interpretation. In their interpretation and application, the provisions
of this article shall be held to be minimum requirements adopted for
the promotion of the public health, safety, morals and general welfare
consistent with the purposes set forth at N.J.S.A. 40:55D-2. Any deviation
from the requirements of this article shall require a variance pursuant
to N.J.S.A. 40:55D-70c or 40:55D-70d or N.J.S.A. 40:55D-60a.
B.
Construction. It is not intended that this article repeal, abrogate,
annul or in any way impair or interfere with existing provisions of
other ordinances, except those specifically replaced by this deed,
covenant or other agreement. However, where this article imposes a
greater restriction upon land, building or structures than is imposed
by existing provisions of ordinance, contract or deed, the provisions
of this article shall control. Where the provisions of this article
are to become repugnant to state or federal law and cannot be reconciled
therewith, the provisions of such law shall govern.
A.
Zone districts. For the purposes of this chapter, the Borough of
Pompton Lakes is hereby divided into districts as follows:
[Amended 11-28-2007 by Ord. No. 07-20; 7-20-2011 by Ord. No. 11-08; 2-27-2019 by Ord. No. 19-09; 4-10-2019 by Ord. No. 19-13]
|
R-1
|
Environmentally Sensitive District
|
|
R-3
|
Detached Single-Family Residence District
|
|
R-4
|
Detached Single-Family Residence District
|
|
R-5
|
Attached Single-Family Residence District
|
|
R-6
|
Multifamily District
|
|
R-7
|
Affordable Housing District 1
|
|
R-8
|
Affordable Housing District 2
|
|
R-9
|
Multifamily District
|
|
R-10
|
Affordable Housing District 3
|
|
B-1
|
Business District
|
|
B-2
|
Business District/Professional Office
|
|
M
|
Manufacturing-Industrial District
|
|
C-R
|
Conservation-Recreation District
|
|
O-S
|
Public Open Space
|
|
DBD-1
|
Downtown Business District 1
|
|
DBD-2
|
Downtown Business District 2
|
|
GWD
|
Gateway District
|
|
CBR
|
Cannonball Road District
|
|
DRA-1
|
Downtown Redevelopment Area-1
[Added 7-20-11 by Ord. No. 11-08] |
|
DRA-2
|
Downtown Redevelopment Area-2
[Added 7-20-11 by Ord. No. 11-08] |
|
HRA-1
|
Hamburg Redevelopment Area
[Added 2-27-2019 by Ord. No. 19-09] |
|
HI
|
Hybrid Industrial District
[Added 4-10-2019 by Ord. No. 19-13] |
B.
Zoning Map and schedules. The Borough governing body has reviewed
and approved the revised Map in the Borough of Pompton Lakes.
(1)
Zoning Map. The Official Zoning Map dated July 13, 2020, is hereby adopted as the Official Zoning Map of the Borough and shall be included in the zoning provisions of the Borough Administrative Code. The Zoning Map may be found attached to this chapter as Chapter 190 Attachment 14, Zoning Map.
(Map dated 7-1-1993, 11-23-1998 by Ord. No. 98-09; 11-21-2011
by Ord. No. 11-26)
[Amended 9-23-2020 by Ord. No. 20-20]
(a)
Zoning Map Amendments:
Ord. No. 19-13: Deleted the PRC Planned Recreational District
from Zoning Districts list and added HI Hybrid Industrial District;
deleted PRC label from the zone and added HI label to the zone (note
there is only one location on the map that has the PRC zoning district).
[Added 4-10-2019 by Ord. No. 19-13]
(2)
The Schedule of Zone Districts summarizing the required conditions for each district shown on the Zoning Map are hereby declared to be a part of this chapter. The Schedule of Zone Districts may be found attached to this chapter as 190 Attachment 1.
C.
Interpretation of boundaries. The zone district boundary lines are
intended generally to follow street center lines, existing lot lines,
center lines of railroad right-of-way and the like as indicated on
the Zoning Map. Where a zone district boundary line does not coincide
with any such line as above set forth, its location or relation to
another boundary line shall be as designated on the Zoning Map by
means of figures or dimensions expressing distance in feet from a
street side line or other boundary line. In cases of uncertainty or
disagreement as to the true location of any zone district boundary
line, the determination thereof shall lie with the Board of Adjustment.
A.
Provisions of article applicable to all zones. Each of these conditions
and provisions of this article shall apply to all zones unless otherwise
stated.
B.
Zoning affects all structures, buildings and land and the uses thereof.
No land or premises may be used and no building or structure may be
erected, razed, moved, extended, enlarged, altered or used for any
purpose other than a purpose permitted by this chapter for the zone
district in which the land, premises, building or structure is located,
and all uses and construction shall be in conformity with the regulations
provided for the one district in which such land, premises, building
or structure is located.
C.
Nature and extent of uses of land. The control and regulation of
the uses of buildings and structures by this chapter shall apply equally
to the nature and extent of the uses of the lot or lots upon which
they are erected.
D.
Prohibited uses. Where a use is not specifically permitted in any
zone under this chapter, it shall be prohibited, except in the case
of a nonconforming use or uses that were granted by a use variance.
E.
Subdivision of lot. Whenever a new lot or lots is or are formed from
a part of any other lot or lots, the assembly or separation shall
be affected in such a manner as not to impair any of the requirements
of this chapter.
F.
Limits on number of buildings per lot. Only one principal building
may be erected on a lot except for related, compatible buildings constituting
one basic use or operation under one management and limited to the
following:
(1)
Attached single-family residences in condominium ownership.
(2)
Garden apartment developments.
(3)
Townhouses and apartments in the R-7, R-8, R-9 and R-10 Districts.
(4)
Public or institutional building complexes.
(5)
Retail shopping or service facilities developments.
(6)
Industrial or manufacturing building complexes.
G.
Accessory buildings and structures.
(1)
Regulations.
(a)
No accessory building or structure shall be built on any lot
on which there is not a principal building or structure.
(b)
No trailer or mobile home shall be used in any zone district
as an accessory building or structure.
(c)
No accessory building or structure shall have a ground floor
area greater than 50% of the ground floor area of the principal building
or structure on the same lot.
(d)
No accessory building or structure shall be permitted in a front
yard.
(2)
Setbacks.
(a)
Residential districts.
[1]
Minimum side setback: 10 feet.
[2]
Minimum rear setback: 10 feet, or when the rear yard abuts the
side yard of a contiguous property, 15 feet.
[3]
Minimum distance between buildings or principal building: 12
feet.
[4]
Maximum height: 16 feet or the height of the principal structure,
whichever is less.
[5]
Accessory buildings on corner lots shall not be erected nearer
to any street side line than the front yard setback required on the
lot adjacent to the side lot line of the lot upon which the accessory
building is located.
[6]
Storage shed, private use. An accessory building or structure,
only for the storage of tools, implements, appliances and other items
incidental to the care and upkeep of the dwelling unit or structure
on the lot and not for commercial use, shall not have to meet the
minimum side setback or rear setback requirements as stated in this
section but shall continue to meet the front yard setbacks as required
in this chapter. The new requirements for the structure as defined
herein shall be placed no closer than five feet as to the minimum
side yard and rear yard setback requirements.
[Added 8-16-2006 by Ord. No. 06-17; amended 5-23-2012 by
Ord. No. 12-04]
[7]
Increasing the height of a structure that does not increase
encroachments into side yard, rear yard or front yard setbacks as
contained in this chapter and section. It has been determined that
when a structure has previously received a proper variance from the
front, rear, or side yard requirements of this section and other requirements
of this chapter concerning residential districts, or if the structure
has been determined to be a nonconforming structure that is a proper
and accepted exception to these requirements in residential districts,
as to these structures only, an addition to the height of this structure
that does not encroach further into the minimum requirements of front,
rear, or side yard shall be allowed without the necessity of applying
for a variance as long as it does not violate any other section of
this chapter.
[Added 8-16-2006 by Ord. No. 06-17]
(b)
Nonresidential districts.
[1]
Minimum side setback: side yard setback of the principal building.
[2]
Minimum rear setback: 1/2 of the rear yard setback for the principal
building.
[3]
Minimum distance between buildings: 20 feet or the height of
the accessory building, whichever is greater.
[4]
Maximum height: 1/2 the height limitation of the principal building.
H.
Fences and retaining walls.
(1)
Fences may be in the front yard, provided that they shall not exceed
four feet in height measured from the ground level and shall be constructed
so that at least 50% thereof is open.
[Amended 2-24-2021 by Ord. No. 21-11]
(2)
In residential districts, fences and walls located in other than
a required front yard shall not exceed six feet in height measured
from the ground level. Any fence in excess of six feet, such as that
required around a tennis court, shall require a variance and shall
meet the minimum side and rear yard requirements for accessory buildings.
In nonresidential districts, open wire fences not exceeding eight
feet in height measured from the ground level may be erected in the
rear or side yard and behind the building setback line. Walls and
other types offences shall not exceed six feet.
(3)
All fences or walls shall be constructed so that a finished side
faces outward away from the property on which it is constructed.
(4)
No fence or wall shall be constructed of any material harmful to
humans or animals.
(5)
No fence or wall exceeding three feet shall be erected along a property
line without a construction permit. In considering applications for
the erection of a fence or wall, the Construction Code Enforcement
Official may require a survey showing the proposed location of the
fence or wall with respect to the existing property lines.
(6)
Fences shall be erected in a manner so as to permit the flow of natural
drainage and shall not cause surface water to be blocked or dammed
to create ponding.
(7)
Notwithstanding the preceding provisions of this section, the following
provisions shall be complied with:
(8)
Retaining walls exceeding two feet in height but less than four feet
in height in any zone require a zoning permit. Retaining walls four
feet in height or greater require a building permit.
[Amended 10-28-2009 by Ord. No. 09-21]
I.
Buffers and screens.
(1)
Buffers. Buffers shall be required on all lots zoned other than residential
or used for nonresidential purposes where said lot or lots abut a
residentially zoned lot or lots. Additionally, development in the
R-5 District which abuts an existing residential use shall require
buffers.
(2)
Screens. Where required elsewhere in this chapter, screens shall
be provided through landscaping or other means as approved by the
Board. Such screens shall be designed and constructed in such a manner
as to provide a soil barrier obstructing the view of the area to be
screened and to inhibit sound originating on the site on a year-round
basis.
(a)
All screens shall be shown on the landscape plan.
(b)
Where nonresidential uses abut residentially zoned lots, and
where existing vegetation within the buffer does not provide adequate
screening, screening shall be provided in accordance with the above,
unless the Board shall determine that, because of the design of the
site, screening is not necessary.
(c)
Required screens shall not be subject to the height limitations
applicable to fences.
(d)
All parking areas shall be effectively screened with plantings
consisting of continuous or dense evergreen hedge or other dense shrubbery
or by means of walls or fencing on any side which abuts or faces a
residential zone.
(e)
Screens shall be at least six feet in height and shall be permanently
maintained by the property owner to ensure continued effectiveness.
J.
Private swimming pools.
(1)
Area. The surface area of a private swimming pool and all other related
impervious areas, including coping, decks and/or walkways surrounding
the pool, cabanas, pump and filter equipment or housing hereafter
constructed or enlarged shall not exceed 1,500 square feet.
(2)
Location.
(a)
No private swimming pool, or associated structures, shall be
permitted in any front yard. Pools must meet the accessory structure
side yard setback for the zone district in which the lot is located.
(b)
If located in the side yard, no part of a private swimming pool,
or associated structures, shall be closer to the side property line
than the required side yard setback for a structure for an accessory
use.
(c)
On corner lots, no part of any private swimming pool, or associated
structures, shall be constructed within the front yard requirement
of either street.
(d)
No private swimming pool shall be closer than 15 feet to any
on-site sanitary disposal system or part thereof, provided that this
requirement shall not apply to any property which is served by and
connected to a public sanitary sewer system.
(e)
The owner shall furnish a survey by a licensed surveyor or engineer.
(f)
No pool shall be closer than 12 feet to any accessory or principal
building.
(g)
Notwithstanding any other language in the Code to the contrary,
swimming pools are provided with a separate maximum coverage percentage
of 20% apart from building coverage.
[Added 2-14-18 by Ord. No. 2018-06]
(3)
Fencing. The entire swimming pool area shall be fenced. Said fence
shall be a minimum of four feet in height and a maximum of six feet
in height and shall be of such design that it controls access to the
pool area. Where the pool is installed on a corner lot, and the fence
is not a solid fence, the side nearest the street shall be screened
with shrubs not less than four feet in height and forming a visual
barrier.
(4)
Drains. No pool shall drain into a public sanitary or storm sewer
without a permit from the New Jersey Department of Environmental Protection
and Energy (NJDEPE) and the Pompton Lakes Municipal Utility Authority
or be located in such a manner that the water from the pool drains
onto another property.
(5)
Lighting. Artificial lights used or maintained in connection with
a private swimming pool shall be so located so that no illumination
will result in glare beyond the lot lines.
K.
Outdoor storage.
(1)
Outdoor storage of any kind or nature, except storage of those items
customarily used in conjunction with a residential occupancy, is prohibited
in all residential zones.
(2)
Material stored outdoors shall be located within the minimum required
accessory building setback lines.
(3)
In all nonresidential zones, where not specifically prohibited, outdoor
storage is only permitted in the side and rear yard as herein regulated.
No article, equipment, vehicles, supplies or materials or other matter
shall be kept, stored or displayed outside the confines of any building
unless and until the same is screened by special planting or fencing,
as approved by the Board, and maintained in good condition, so that
it shall not be visible from any adjacent property or public street.
(4)
Where otherwise permitted by this chapter, the display of new and
used motor vehicles as a permitted accessory use in a nonresidential
zone district shall be required to be screened by a planting or fence,
so that said use is not visible from any abutting public street.
L.
Trailers, mobile homes and recreational vehicles.
(1)
Trailers, mobile homes and recreational vehicles as defined herein shall be stored in accordance with Subsection L(2) below, except that with respect to a trailer set up for use in connection with a construction project in any zone, the following shall apply:
(a)
A trailer may be set up for use in connection with a construction
project in any zone for a period not to exceed 90 days, provided that
an occupancy permit therefor has been obtained from or reissued by
the Construction Official, who is hereby authorized to issue such
permits. Any violation of any provisions in this chapter, or the provisions
of any ordinance, shall void said permit and a trailer may be subject
to immediate removal from the Borough and such other actions the governing
body may consider necessary.
(2)
Parking or storage of mobile homes, trailers and recreational vehicles.
(a)
Parking or storage restricted; use as dwelling prohibited. No person shall park or store a mobile home, trailer or recreational vehicle as defined herein in Article II in the open on any street, highway or other public place within the Borough of Pompton Lakes or on any lot or tract of land therein, whether occupied or unoccupied except that any such structure or vehicle may be parked in a garage or parked or stored by the owner thereof as hereinafter set forth. No such structure or vehicle, while stored or parked as permitted in this section, shall be occupied or used for dwelling purposes.
(b)
Under no circumstances shall any such structure or vehicle,
other than any construction trailer actually used in conjunction with
construction upon construction sites, be used for dwelling purposes,
human habitation or occupancy of any kind or nature; nor shall the
same be connected to any water main, sewer, gas, electric or other
utility. Trailers used in connection with construction shall receive
a trailer permit to park from the Construction Official who shall
have reasonable discretion to regulate the place of parking, use,
location and length of stay.
(c)
No mobile home, trailer or recreational vehicle shall be parked
in the front yard of any residential dwelling. Whenever possible,
all such vehicles shall be parked and stored by the owner thereof
in that half of the rear yard closest to such primary structure of
the dwelling and then only in such fashion that no part of such structure
or vehicle shall project beyond the outside walls of the dwelling
or above the highest point of the lowest roof thereof. The Construction
Official or Zoning Official shall have authority to determine when
it is not possible to park said vehicle or trailer in the rear yard
or whether, because of topography, property layout or other aesthetic
considerations, it is more feasible to park as otherwise provided
herein. In such cases, the trailer or vehicle may be parked or stored
in the other half of the rear yard or in the side yard, but no such
trailer or vehicle shall be parked or stored in such manner as to
violate the side yard requirements for the zone district in which
the dwelling is located.
(d)
All mobile homes, trailers and recreational vehicles not stored
in an enclosed garage shall be reasonably screened. Screening may
consist of trellis, latticework, decorative block, basket weave fencing,
open artistic block or other similar material at least four feet in
height, approved by the Construction or Zoning Official, or may be
shrubbery at least four feet in height. All screening shall be maintained
as originally approved. If the screening is not so maintained, any
permit granted is subject to revocation by the Construction or Zoning
Official. All screening shall also conform to any other Borough ordinance,
including those concerning fences. The requirements of this subsection
shall not apply to a construction trailer.
(e)
No motor home, trailer or recreational vehicle shall be parked,
placed, kept or maintained on any lot or tract other than the lot
upon which the principal residence of the actual owner of the same
is located.
(f)
Any motor home, trailer or recreational vehicle parked or stored
in accordance with the terms of this chapter must:
[1]
Be currently licensed for use upon the highways of this state
in accordance with the laws of the state, if such licensing is required.
[2]
Comply with any and all provisions of N.J.S.A. 39:1-1 et seq.,
relating to trailers, if applicable.
[3]
Be stored or parked in collapsed condition if a collapsible
trailer.
(g)
Temporary parking. Any provision of this section notwithstanding,
a trailer may be parked, placed or located off the street for a period
not to exceed 48 hours while engaged in the process of loading or
unloading; and any motor home, trailer or recreational vehicle may
be parked in a driveway from sunset to sunrise the following morning
where such structure or vehicle is then being used for recreational
purposes.
(h)
Temporary parking for transients. Transients and visitors to
the Borough may park trailers in a driveway, side or rear yard of
an occupied dwelling for a period of time not to exceed 10 cumulative
days, provided that such transient or visitor makes immediate application
to the Construction or Zoning Official for a permit to park on the
premises of the occupied dwelling. Not more than one such permit shall
be issued to any one owner or operator in a twelve-month period. No
permit shall be granted unless the parking is without charge therefor.
(i)
Emergency parking or stopping. Emergency or temporary parking
or stopping of a motor home, trailer or recreational vehicle is permitted
on any street or highway within the Borough for not longer than one
hour subject, however, to any other and further prohibitions or limitations
imposed by the traffic and parking regulations for that street or
highway.
(j)
Exceptions. Anything herein to the contrary notwithstanding,
a trailer may be temporarily parked or stored in the open in connection
with:
M.
Parking of commercial vehicles in residential districts.
(1)
No commercial motor vehicle having a rated maximum gross vehicle
weight (GVW) in excess of 10,000 pounds or having more than two axles
shall be parked or stored overnight on any occupied property which
is primarily used for residential purposes or on any vacant property
in a residentially zoned area, except for vehicles engaged in construction,
parked or stored on an active construction site.
(2)
Not more than one motor vehicle with commercial motor vehicle registration,
having a rated maximum gross vehicle weight (GVW) of 10,000 pounds
or less, shall be parked or stored overnight on any occupied property
which is primarily used for residential purposes or on any vacant
property in a residentially zoned area, except for vehicles engaged
in construction, parked or stored on an active construction site.
This provision shall not apply to passenger automobiles with commercial
motor vehicle registration.
N.
Earth station antenna (satellite dish). Earth station antennas are
permitted in any zone as an accessory use, as said term is defined
in this chapter, and shall be subject to all regulations set forth
herein governing the location and height of accessory buildings as
well as those further regulations and conditions set forth in this
subsection.
(1)
The diameter of earth station antennas (parabolic dish) shall not
exceed 12 feet.
(2)
The maximum height of antennas and mounting structures, measured
vertically from the highest point of the antenna when positioned for
operation, shall not exceed 13 feet above the ground (unless an integral
part of another structure in which event the height limitation on
such structure shall control).
(3)
No ground-level earth station antenna shall be closer to the property
lines than the required setback for accessory buildings or a distance
equal to the height of the antenna, whichever is greater.
(4)
Every earth station antenna shall be screened by a special planting
or fences, as required and approved by the Zoning Officer or Construction
Official, which shall be maintained in good condition, so that the
earth station antenna shall not be readily visible from any adjacent
property or public street.
(6)
A building permit shall be required for all such antenna receivers
regardless of the type of construction.
O.
Public utilities. Public utility distribution facilities required
for direct local service may be located anywhere within the Borough
where reasonably necessary, provided that such facilities are placed
within the rights-of-way of existing roads and streets or in utility
easements. Public utility buildings or structures, other than those
provided for in the foregoing sentence, shall not be located in any
zone unless approved by the Board as a conditional use under N.J.S.A.
40:55D-67 and in accordance with the provisions of this article.
P.
Visibility requirements. On any corner lot in any zone, no fence,
structure, planting or shrubbery over 30 inches in height above the
level of the pavement at the center of the street opposite the point
in question shall be erected or maintained within 50 feet of the intersection
formed by the projections of the two street side lines at the corner.
Q.
Signs.
(1)
Permit. It shall be unlawful for any person to erect, paint or relocate
any signs as defined by this chapter within the Borough of Pompton
Lakes without first obtaining a sign erection permit from the Construction
Official. The Construction Official shall issue permits only for such
signs as are specifically allowed for the particular premises and
zone district in which the premises is located.
(2)
Sign area measurement. The area of a sign shall be computed as the
total square-foot content of the background upon which the lettering,
illustration or display is presented, including any wall support or
frame. If there is no circumscribed background, the sign area shall
be computed as the product of the largest horizontal width and the
largest vertical height of the lettering, illustration or display.
This shall not be construed to include the supporting members of any
sign which are used solely for such purpose. For signs with two display
faces the maximum area requirement shall be the sum of both sides.
Signs with more than two display faces, are prohibited. A double-faced
sign having an included angle of over 45° is prohibited.
(3)
General sign provisions.
(a)
Any signs not specifically permitted are hereby prohibited.
(b)
No signs, except special event signs, shall be placed on private
or public property except for the purpose of identifying a use or
uses actually conducted upon the premises upon which such signs are
erected and for no other purpose.
(c)
No sign shall be located in such a manner as to materially impede
the view of any street or intersection.
(d)
Except where otherwise provided, no sign, or any part thereof,
shall be located closer than 10 feet to any lot line.
(e)
All height limitations shall be measured from ground level to
the highest part of the sign or its supporting structure, whichever
is higher.
(f)
Signs erected flat against the side of a building shall not
extend above the height of the vertical wall or cornice to which they
are attached.
(g)
No permanent marquees or canopies shall extend over a required
front yard or over a public walk.
(h)
Whenever a parcel is bordered by more than one street, additional
signage may be permitted by the Board, in accordance with the standards
of this subsection, for each major street upon which the parcel fronts.
(i)
All illuminated signs shall be either indirectly lighted or
of the diffusely-lighted-type. No sign shall be lighted by means of
flashing, revolving or intermittent illumination. All lights used
for the illumination of any use or building or the areas surrounding
them or for the illumination or display of merchandise or products
shall be completely shielded from view of vehicular traffic using
any public thoroughfare.
(j)
Temporary construction signs used as accessory to new construction
or alteration on the premises are permitted only after a construction
permit for said construction and sign has been issued; provided, however,
that said temporary sign shall not be larger than 32 square feet and
must be removed either prior to the issuance of a certificate of occupancy
for said construction or within seven days of the completion of the
alteration or renovation.
(k)
Real estate signs are permitted without a permit in all zones,
provided that each complies with all of the following requirements:
[1]
It is nonilluminated.
[2]
It must pertain only to the lease, rent, future use or sale
of the premises upon which it is placed.
[3]
It shall not exceed six square feet in area per side in residential
and 20 square feet in area per side in nonresidential.
[4]
It shall be removed within seven days after the consummation
of the lease, rent or sale transaction.
(l)
Signs deemed necessary to the public welfare by the Borough,
including but not limited to customary "no trespassing" and traffic
or circulation directing signs, are permitted without a permit in
all zones. Such signs shall not pertain to any company, individual
or business establishment or organization, fraternal or otherwise.
(m)
A sign not more than eight square feet in area advertising the
name of a church on the church premises, its pastor and its coming
activities is permitted in all zones.
(n)
One nonilluminated temporary sign of not more than eight square
feet in area announcing a political campaign shall be permitted. Such
signs shall be removed within 48 hours following the election to which
they pertain.
(4)
Construction.
(a)
All signs shall conform to the structural requirements of the
New Jersey Uniform Construction Code.
(b)
Freestanding signs shall be supported by posts or pylons of
durable materials which may include concrete, steel, treated wood,
other suitable materials or any combination of the same. Supports
for freestanding signs shall be set securely in the ground or concrete
so that the sign will be capable of withstanding high winds. No other
bracing or guy wire shall be permitted.
(c)
Any sign attached flat against the surface of a building shall
be constructed of durable material and attached securely to the building
with nonrusting metal hardware. When a sign is to be installed on
a masonry building, holes shall be drilled in the masonry, and proper
nonrusting hardware of the expansion type shall be used. The use of
wood or fiber plugs is prohibited.
(5)
Maintenance. If the Construction Official shall find that any sign
is unsafe, insecure or in need of repair, or is not maintained in
proper painted condition, the Construction Official shall give written
notice to the permittee thereof. If the permittee fails to repair
or remove it within 30 days after such notice, such sign may be removed
by the Construction Official at the expense of the permittee or owner
of property on which it is located.
(6)
Signs in the residential districts. In the residential zones, only the following signs shall be permitted in addition to the signs as permitted in Subsection Q(3) above:
(a)
For single-family dwellings, one nameplate sign or a customary
sign for permitted uses as conditional uses, not more than two square
feet in area; provided, however, that no sign shall be placed within
10 feet from any property line nor may it be an electrified or an
internally lit box-type sign.
[Amended 8-15-1995 by Ord. No. 95-12]
(b)
Signs in connection with each housing or land development as
follows:
[1]
At the main entrance to the development, two freestanding signs
which shall state the name of the development and no other advertising
material. Each sign shall not exceed 15 square feet in area and six
feet in height.
[2]
At each entrance other than the main entrance, one freestanding
sign not exceeding 10 square feet in area and not more than six feet
in height.
[3]
At the rental or sales office of the development, one freestanding
sign advertising the office not to exceed 15 square feet in area and
not more than five feet in height.
[4]
Signs may be illuminated if they are internally lit or, if externally
lit, the source of light is completely screened and shielded to illuminate
only the face of the sign.
(7)
Signs in commercial, business and mixed-use districts. In the B-1,
B-2, DBD-1, DBD-2, GWD, CBR and HI Zone Districts, no signs other
than those accessory to the business conducted on the premises are
permitted.
[Amended 11-28-2007 by Ord. No. 07-20; 2-14-18 by Ord. No.
2018-06; 4-10-2019 by Ord. No. 19-13]
(a)
One facade sign may be placed or inscribed upon the front facade
of a building for each permitted use or activity. Said signs shall
not exceed an area equal to 10% of the front wall area of the building
or portion thereof devoted to such use or activity, and the sum of
the area of all facade signs shall not exceed 10% of the total front
wall area. Businesses located in corner buildings are permitted one
sign for each street frontage.
(b)
One freestanding sign not exceeding 15 square feet in area nor
10 feet in height shall be permitted; provided, however, that where
more than one use exists in a building, or where two or more buildings
share common site elements or are located on the same lot as indicated
on an approved site plan, only one freestanding sign shall be permitted.
No freestanding sign shall be located in an area within 25 feet of
any boundary of a residential zone.
(c)
Signs are permitted in the window of any business located in
the B-1, B-2, DBD-1, DBD-2, GWD, CBR and HI Zone Districts. The total
sign area for signs in the window shall not exceed 30% of the area
of the face of the window upon which said sign is attached, including
the windows of glazed doors. Door signage shall be limited to information
related to store hours, address and credit card information which
is accepted for payment.
(8)
Sign regulations for gasoline service stations. Notwithstanding any
other provisions of this chapter, gasoline service stations, where
permitted, may display only the following signs which are deemed customary
and necessary to their respective business:
(a)
One freestanding sign advertising the name of the station and
the principal products sold on the premises, including any special
company or brand name, insignia or emblem and price information, provided
that the total area of such sign shall not exceed 90 square feet in
area on each side and that each component of such sign shall not exceed
50 square feet. Such sign shall be placed not less than 10 feet within
the property line, and no portion of said sign other than supporting
members shall be less than 10 nor more than 25 feet above the ground.
(b)
No permit for a freestanding pylon sign shall be issued unless
two sets of detailed plans of the sign, structure and foundation have
been submitted and approved by the Board. Such plans shall show the
wind resistance calculations and shall bear the signature and seal
of an architect or professional engineer registered in the State of
New Jersey.
(c)
Facade signs for each face of the building fronting on a road
or street not in excess of 10% of the wall area or 15 square feet,
whichever is the lesser.
(d)
Directional signs or lettering displayed over individual entrance
doors or bays or pumps, consisting only of the words "washing," "lubrication,"
"repairs," "mechanic on duty," "fuel," "diesel" or other words closely
similar in import, provided that there shall be not more than one
such sign over each entrance, bay or pump, the letters thereof shall
not exceed 12 inches in height, and the total area of each sign shall
not exceed three square feet.
(e)
Customary lettering on or other insignia which are a structural
part of a gasoline pump, consisting only of the brand name of gasoline
sold, lead warning sign, a price indicator and any other sign required
by law and not exceeding a total of two square feet on each pump.
(f)
One temporary sign located inside the property line and specifically
advertising special seasonal servicing of automobiles, provided that
such sign does not exceed six square feet in area.
(g)
No streamers, signs or any other article shall be attached to
any permitted sign or sign structure.
(9)
Prohibited signs. The following signs are prohibited in all zones
in the Borough.
(a)
Signs using red, yellow and green lights which might be confused
with the operation of any traffic control signal.
(b)
Moving or revolving signs and signs using blinking, flashing,
vibrating, flickering, tracer or sequential lighting.
(c)
Signs using neon lights or any material which sparkles or glitters,
but nothing herein contained is intended to prohibit the use of reflective
paint on signs directing traffic or identifying various locations
within a lot or parcel.
(d)
Any sign which unreasonably tends to distract drivers or otherwise
constitutes a traffic hazard.
(e)
Roof signs.
(f)
Signs or advertising matter of an indecent or obscene nature.
(g)
Signs using words such as "stop," "look," "danger," etc., which
are placed in a manner or position which constitute a traffic hazard
or otherwise interfere with the free flow of traffic.
(h)
Signs which attempt to imitate or otherwise cause confusion
with existing signs erected by any governmental board, body or agency.
(i)
Except where specifically permitted, signs advertising a product
or service not sold on the premises, signs advertising or directing
attention to another premises and any other signs unrelated to the
premises on which the sign is erected.
(j)
Signs causing interference with radio or television reception.
(k)
Signs obstructing doors, fire escapes or stairways or keeping
light or air from windows used for living quarters.
(l)
Signs placed on awnings, trees, fences, utility poles, light
poles; signs attached to other signs; and signs placed upon motor
vehicles which are continuously or repeatedly parked in a conspicuous
location to serve as a sign; but nothing herein contained is intended
to prohibit the placement of signs directing traffic or identifying
various locations within a lot or parcel on light poles and utility
poles erected therein.
(m)
Any series of two or more signs placed along a street or highway
carrying an advertising message, part of which is contained on each
sign.
(n)
A sign on a motor vehicle, truck or trailer, whether or not
operational and whether or not self-propelled, which is used or parked
or designated to be parked for advertising purposes. Specifically
exempted from this section are those signs, nameplates or letters
affixed to or printed upon commercial vehicles regularly used in the
course of business for regular deliveries, pickups or other such purposes
and/or in compliance with the provisions of N.J.S.A. 39:4-46. Specifically
included are signs on vehicles, trailers and the like which have as
their prime purpose the advertising of goods, wares, or services of
a business which are maintained in a stationary manner at one or more
locations for extended periods of time.
(10)
Signs permitted without a permit. The following signs shall
be permitted in any zone in the Borough without a permit, assuming
they comply with all other requirements of the local ordinances of
the Borough:
(a)
Nonilluminated directional signs identifying parking areas,
loading zones, entrances, exits and similar locations. The signs may
include a business name or professional name, but shall not include
any advertising message and shall not exceed three square feet.
(b)
Temporary and permanent traffic signs and signals installed
by the Borough, county or state for the purpose of directing and regulating
the flow of traffic.
(c)
Signs indicating public transportation stops when installed
by the Borough or a public transportation utility.
(d)
Historical tablets, cornerstones, memorial plaques and emblems
which do not exceed six square feet in area and which are installed
by government agencies or civil or religious organizations.
(e)
Warning and nontrespassing signs not exceeding three square
feet in area.
(f)
Flags or emblems of religious, educational, civic or governmental
organizations flown from supports on the buildings or grounds occupied
by the organization and the American flag whenever and wherever flown
in accordance with the laws and rules promulgated by the federal government.
(g)
Name and number plates identifying residents and affixed to
a house, apartment or mailbox not exceeding 72 square inches in area.
(h)
Lawn signs identifying residents not exceeding two square feet
in area for each side. The signs shall not contain any advertising
message and shall be nonilluminated except by a light which is an
integral part of a lamppost if used as a support.
(i)
Signs posted by governmental agencies or pursuant to governmental
statute, order or regulation.
(j)
Signs which are an integral part of vending machines, including
gasoline pumps and milk machines, provided that they do not exceed
two square feet in area.
R.
Yards.
(1)
There shall be provided for every lot front, rear and side yards
as required in the zone district in which said lot is located unless
otherwise regulated by this subsection. All front yards must face
upon a dedicated public street and shall be of the size required for
the particular zone district in which the lot is located; provided,
however, that on streets less than 50 feet in width, the required
front yard shall be increased by 1/2 the difference between the width
of the street and 50 feet; and provided, further, that any lot which
abuts a street with a proposed right-of-way greater than 50 feet in
width as shown on the Master Plan of the Borough of Pompton Lakes,
adopted pursuant to Chapter 291 of the Laws of New Jersey 1975, shall
have a front yard setback measured from the nearest line of the proposed
building or structure to the proposed right-of-way line shown on said
Master Plan.
(2)
No open space which has been counted or included as part of the side
yard, rear yard, front yard, court or other open space as required
by this chapter for one building or lot may, by reason of change of
ownership or for any other reason, be counted or included in order
to comply with the yard, court or other open space requirement of
any other building or lot.
S.
Corner lots. All yards on corner lots abutting any street shall be
construed as front yards and shall be subject to the front yard setback
requirements of the zone in which said lot falls. All yards other
than front yards of a corner lot shall be construed as side yards
and shall conform to the side yard setback requirement of the zone
in which said lot falls; provided, however, that nothing contained
in this subsection shall be construed to permit a building closer
to any property line than that as permitted and regulated in this
subsection.
T.
Height exceptions.
[Amended 11-21-2011 by Ord. No. 11-24]
(1)
The height limitations required in each zone district shall not apply
to church steeples. Church buildings, hospitals for humans, public
school buildings and structures, masts, flagpoles, household receiving
antennas or any municipally owned, leased or operated building, structure
or use shall not exceed 50 feet in height or the height set for the
zone district in which it is located, whichever is greater.
(2)
New construction and the substantial improvement of any principal
dwelling or commercial building, including attached garages, in a
Special Flood Hazard Area (SFHA) shall have the lowest floor elevated
to a height of 30 inches above the base flood elevation. No basement
may be constructed in any Special Flood Area. The maximum height required
by the individual zone district shall apply, (see 190 Attachment
1-Schedule of Zoning Districts) where the maximum height in a SFHA
shall be measured from the base flood elevation in to the highest
point of the roof (Figure A). In all Special Flood Hazard Areas, the
standards specified in § 160-16 and current NJDEP Stormwater
Management Rules, which require zero net fill in a floodplain, shall
apply. The extent of the Special Flood Hazard Area within Pompton
Lakes is delineated in Figure B: Special Flood Hazard Area in Pompton
Lakes.
(3)
In areas where the base flood elevation has not been determined,
the applicant must determine the base flood elevation in accordance
with the current NJDEP Flood Hazard Area regulations and obtain the
Borough Engineers Approval.
|
Figure A: Measuring Building Height in a Special Flood Hazard
Area
 |
|
Figure B: Special Flood Hazard Area Delineation in Pompton Lakes
 |
U.
Adult entertainment.
[Added 8-15-1995 by Ord. No. 95-12]
(1)
ADULT ENTERTAINMENT
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Live entertainment, magazines, books and sexual aids which
are distinguished or characterized by an emphasis on matter depicting,
describing or relating to specific sexual activities or specified
anatomical areas, either for observation or participation or use by
patrons or customers of the establishment.
Less than completely and opaquely covered human genitals,
pubic region, buttocks and female breasts below a point immediately
above the top of the areola and human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
(2)
No person or persons, partnership, corporation, sole proprietorship,
theater, club, cabaret, store or other business entity shall exhibit
or allow or cause to be exhibited upon its premises, for profit, adult
entertainment within 1,000 feet of a public or private schoolhouse
within the Borough of Pompton Lakes, New Jersey. The districts involved
within 1,000 feet of a school, as defined in this subsection, shall
be delineated as set forth in a map prepared by Canger & Cassera
entitled "School Location Map, Areas Within 1,000 Feet," dated September
21, 1987, which consists of seven sheets delineating all areas within
1,000 feet of a school. The measurement from the school shall be 1,000
feet from the boundaries of the property of the school, not the school
structure itself.
(3)
No person under 18 years of age shall be allowed upon the premises
of any person or persons, partnership, corporation, sole proprietorship,
theater, club, cabaret, store or other business entity within the
Borough of Pompton Lakes exhibiting or allowing or causing to be exhibited
adult entertainment, for profit, during such an exhibition. Each violation
of this subsection shall constitute a separate offense punishable
by a fine of not less than $100 each for the owner or operator and
the underaged individual. For establishments that serve liquor and
qualify for the activity as delineated in this subsection, the age
will be 21 years of age and not 18.
(4)
No person or persons, partnership, corporation, sole proprietorship,
theater, club, cabaret, store or other business entity shall exhibit
or allow or cause to be exhibited adult entertainment upon its premises,
for profit, before the hour of 8:00 p.m. or after the hour of 1:00
a.m., prevailing time, within the Borough of Pompton Lakes, New Jersey.
(5)
This subsection is meant to regulate the use of establishments for
hire or sale, private ownership of magazines, books or sexual aids
and specifically exempts from the regulations herein occasional private
parties, upon invitation, that are conducted at private residences
and halls that are run by nonprofit organizations. The activity proscribed
herein cannot be conducted on a regular basis from these exempt establishments
and cannot be run for profit. If there is a violation of this provision,
the residence or not-for-profit organization or building used by said
exempt parties or dwellings shall lose its exempt status under the
provisions of this subsection.
(6)
Violation of any portion of this subsection shall constitute a separate
offense punishable by a fine of up to $500 per day for each day that
said violation occurs and imprisonment of up to 90 days for each person
that violates the provisions contained herein. Violation of this subsection
can occur by any person or persons present upon the premises, including
performers, employees, staff and patrons, that are present during
the proscribed activities which are in violation of this section.
V.
Wireless telecommunications towers.
[Added 3-13-2002 by Ord. No. 02-05]
(1)
ANTENNA
APPROVING AUTHORITY
COLLOCATION
HEIGHT
PREEXISTING TOWERS AND PREEXISTING ANTENNAE
STEALTH TECHNOLOGY
WIRELESS TELECOMMUNICATIONS FACILITY
WIRELESS TELECOMMUNICATIONS SITE
WIRELESS TELECOMMUNICATIONS TOWER (TOWER)
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Any exterior transmitting or receiving device mounted on
a tower, building or structure, and used in communications that radiate
or capture electromagnetic waves, digital signals, analogue signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals. Excepted from this definition
are antennae used exclusively by ham radio operators or other residential
users.
The Planning Board or Zoning Board of Adjustment of the Borough
of Pompton Lakes.
The use of a common wireless telecommunications tower or
a common structure by two or more telecommunications license holders
or unlicensed holders nevertheless regulated by the Federal Communications
Commission or by one telecommunications license holder for more than
one type of communications technology and/or the placement of a wireless
telecommunication tower on a structure owned or operated by a utility
or other public entity.
When referring to a tower or lawful structure, shall mean
the distance measured from the lowest finished grade of the parcel
to the highest point on the tower or other structure including the
base pad and any antennae. The height of the tower shall not include
a lightning rod.
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this subsection, including
permitted towers or antennae that have not yet been constructed so
long as such approval is current and not expired.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative design mounting structures that camouflage
or conceal the presence of antennae or towers.
All the structures or uses serving the wireless telecommunications
site such as towers, equipment sheds, telecommunications antennae
and fences.
The enclosed area in which a tower and its appurtenances
are located.
A freestanding or guyed, vertical structure designed to support
one or more wireless telecommunications antennae. This definition
shall not apply to amateur or ham radio towers.
(2)
Purpose. The purpose of this subsection is to create the opportunity
to locate wireless telecommunications facilities in areas in which
there will be no substantial impact on the character of the Borough
of Pompton Lakes and which will provide the maximum benefit to Borough
residents as a whole. The intent of this subsection is to limit the
location of such facilities to areas which are both acceptable to
telecommunications companies wishing to provide service and be consistent
with the above objectives; to insure that competition is fostered
among local wireless service providers; to insure that opportunities
for economic development are created; and to insure that the local
government, and therefore the residents of the Borough, benefit from
the services offered by telecommunications providers. The overriding
objective of this subsection is to insure that public health, safety
and welfare is safeguarded and that the following goals are advanced:
(a)
Protect residential zones and uses from the potential adverse
impacts of wireless telecommunications towers, facilities and equipment;
(b)
Require the location of new wireless telecommunications towers,
facilities and equipment in specific locations within the Borough;
(c)
Minimize the number of wireless telecommunications towers in
the Borough exceeding 60 feet in height;
(d)
Encourage collocation of new antennae on existing towers and
structures located on Borough property; and
(e)
Require the use of stealth technology for all new towers or
antenna locations through innovative design, siting and camouflaging
techniques.
(3)
Location priorities; collocation requirements; new tower construction.
Locations are enumerated below in the order of the location priority:
(a)
Existing lawful structures.
[1]
First priority shall be given to existing buildings or structures
owned by the Borough of Pompton Lakes which may be utilized for the
placement of personal wireless telecommunications facilities, provided
a license or lease authorizing such facilities has been approved by
the Council of the Borough of Pompton Lakes; subject to the following
conditions:
[a]
The added equipment shall not extend higher than
20 feet above the existing structure upon which said equipment is
to be placed.
[b]
The added equipment shall not protrude beyond the
existing sides of the structure more than 10 feet.
[c]
Wireless telecommunications facilities shall maintain
a minimum fifteen-foot setback to any property line and shall be appropriately
landscaped as required by the approving authority.
[2]
Second priority.
[a]
Second priority shall be given to existing wireline
systems, such as conventional cable or telephone wires, located along
major traffic corridors in nonresidential zones within the Borough
which may be utilized to install a system of multiple low-powered
antennae. Similar technology that does not require the use of towers
may also be utilized within the same public rights-of-way, subject
to the following condition: antennae and all attendant facilities
must be capable of being mounted on existing structures.
[b]
Existing wireline systems, such as conventional
cable or telephone wires, located within the public right-of-way of
any state or county road within the Borough may be utilized to install
a system of multiple low-powered antennae. Similar technology that
does not require the use of towers may also be utilized within the
same public rights-of-way, subject to the following condition: antennae
and all attendant facilities must be capable of being mounted on existing
structures.
[3]
Third priority shall be given to the placement of wireless telecommunications
facilities on or in an existing lawful structure in any commercial
or industrial zone with the consent of the property owner, subject
to the following condition: to minimize the visual negative impact
of wireless telecommunications facilities, owners and users of antennae
and related facilities utilizing existing structures are required
to use innovative camouflage techniques with the goal of completely
concealing the equipment.
(b)
Antennae on existing towers. An antenna may not be attached
to an existing tower owned by the Borough of Pompton Lakes in any
zone unless a license or lease authorizing such placement of personal
wireless telecommunications facilities has been approved by the Mayor
and Council of the Borough of Pompton Lakes. If approved by the Mayor
and Council of the Borough of Pompton Lakes, such existing tower shall
be considered a first priority location for the placement of personal
wireless telecommunications facilities. To minimize the visual impact
associated with the proliferation and clustering of towers, collocation
of one or more providers' antennae on an existing tower takes precedence
over the construction of new towers, subject to the following collocation
requirements.
[1]
Collocation requirements.
[a]
A tower which is modified or reconstructed to accommodate
the collocation of additional antenna shall be of the same tower type
as the existing tower, unless the approving authority allows reconstruction
as a monopole or stealth structure; provided, however, that the height
of the modified or reconstructed tower shall not exceed the height
of the existing tower.
[b]
Collocation conditions and limitations. Any new
tower shall provide for future collocation as set forth in this subsection.
Collocation by two or more telecommunications providers shall be permitted
on one tower provided that by collocating, all conditions of this
subsection are satisfied.
[i]
In the event a proposed tower for an existing or
future collocation cannot be constructed within the permitted height
limitations, then such collocation is prohibited.
[ii]
No tower may be designed or built to collocate
with another telecommunications provider at a height greater than
the maximum permitted by this subsection.
[iii]
In the event any collocation is proposed, a letter
of commitment shall be filed by the applicant to lease excess space
on the tower to other potential users at prevailing market rates and
conditions. The letter of commitment shall be recorded prior to the
issuance of a building permit and shall be binding upon the tower
owner, property owner and successors in interest.
[c]
On-site location.
[i]
A tower which is rebuilt or modified to accommodate
collocation may be moved on-site within 50 feet of its existing location
provided the new location complies with all setback requirements.
[ii]
If two or more towers exist on a site and a tower
is rebuilt or modified to accommodate collocation, only one tower
may remain on the site. This section shall not apply in those instances
where towers are located on sites occupied by high-tension wires.
[iii]
A relocated on-site tower shall continue to be
measured from the original tower location for purposes of calculating
separation distances between towers pursuant this subsection.
(c)
New tower construction.
[1]
New tower construction shall be fourth in priority. No new tower
shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of the approving authority that no existing tower or
structure or alternative technology that does not require the use
of towers can accommodate the applicant's proposed antenna. The applicant
shall submit information requested by the approving authority related
to the availability of suitable existing towers, other structures
or alternative technology. Evidence submitted to demonstrate that
no existing tower, structure or alternative technology can accommodate
the applicant's proposed antenna must consist of evidence showing
that a significant gap in the availability of wireless service will
exist if a new tower is not located within the geographic area. Upon
establishing a significant gap in service, the provider must demonstrate
to the reasonable satisfaction of the approving authority that the
proposed tower is the least intrusive means of filling that gap with
a reasonable level of service. To do so, the provider must show that
a good faith effort has been made to identify and evaluate less intrusive
alternatives.
[2]
Construction requirements. The following are the construction
requirements for all new tower applications:
[a]
Area and setback requirements.
[i]
Minimum lot area: two acres.
[ii]
Residential setback from property lines: 300 feet
or 300% of the tower's height, whichever is greater.
[iii]
Nonresidential setback from property lines: 120%
of the height of the tower from any adjoining lot line, nonappurtenant
building or structure or street right-of-way.
[c]
Maximum tower height is 60 feet. This shall be
measured as the overall height, including antennae.
(4)
General requirements for all towers and antennae.
(a)
Stealth requirements. Applicants are required to use the latest
stealth or camouflaging techniques to either make a tower appear to
be a tree of native species to blend in with surrounding trees, other
types of stealth structures or to be completely concealed by placement
within an existing structure.
(b)
Pole type. Monopole or stealth tower construction shall be used
in all new tower construction. Lattice-type structures and/or guy
wires shall be prohibited.
(c)
Noise. Noise levels at any property line shall not be more than
50 decibels.
(d)
Annual report. Upon issuance of a building permit for a wireless
telecommunications tower site, the owner or operator of the site shall
provide to the Secretary of the Borough Planning and Zoning Boards,
an initial report signed and sealed by a licensed professional engineer
certifying the estimated useful structural life of the tower, if any,
as well as providing an initial inventory of all equipment and facilities
on the site. After 50% of the useful structural life of a tower has
lapsed, annual recertification reports as to the structural integrity
of the tower shall be required. An updated report shall also be provided
whenever antennae arrays are modified and shall include a detailed
listing of all antennae and equipment. All vendors and lessees shall
also be required to notify the above Borough official when the use
of such antennae or equipment is discontinued. If any of the reports
disclose that a condition of any site presents an imminent hazard
to the public health, safety or welfare, or that the tower facilities
and equipment are no longer in use, the owner shall and the Borough
Engineer or Zoning Officer may order in their discretion that the
owner take appropriate corrective action including, if necessary,
the removal of the tower, facilities or equipment to protect the public
health, safety and welfare. Wireless telecommunications towers, facilities
and equipment shall be maintained to insure continued structural integrity.
The owner of the site shall also perform such other maintenance of
the structures and of the site so as to assure that it does not create
a visual nuisance.
(e)
Abandonment. In the event a wireless telecommunications facility
is abandoned or not operated for the use as approved for a period
of one year, the same shall be removed, at the option of the Borough,
and at the sole expense of the operator. In no event may a wireless
telecommunications facility be used for a purpose other than its initial
approved use. As a condition of construction of the wireless telecommunications
facility, the owner of the facility shall provide to the Borough of
Pompton Lakes an irrevocable standby letter of credit to pay for the
cost of removal in the amount of $50,000 in a form similar to that
annexed hereto.[2]
[2]
Editor's Note: Said form is on file in the Borough offices.
(f)
Signs. No signs shall be permitted on any tower, equipment or
facility, except for those signs required by law or containing such
information as owner contact information, warnings, equipment information
and safety instructions. These signs shall not exceed two square feet
in total area. Commercial signs shall be prohibited on all wireless
telecommunications towers, facilities and equipment.
(g)
Lighting. Site lighting shall be oriented inward towards the
site to avoid off-site impact. No tower lighting, except regulatory
lights required by federal laws, shall be permitted.
(i)
Multiple towers. Any prohibition contained in any ordinance
restricting the number of principal uses per lot shall hot apply to
the construction of wireless telecommunications towers, facilities
and equipment when the conditions contained in this subsection are
met. The minimum setback distance between structures shall not apply
to wireless telecommunications towers, facilities and equipment.
(j)
Site location analysis. Every application for a wireless telecommunications
tower, facility or equipment shall include a site location alternative
analysis, including an analysis of the location priorities set forth
in this subsection, describing the locations of other sites considered,
the availability of those sites, the extent to which other sites do
or do not meet the providers service or engineering needs and the
reason why the subject site was chosen. The analysis shall address
the following issues:
[1]
How the proposed location of the wireless telecommunications
tower, facility or equipment relates to the objective of providing
full wireless communications services within the Pompton Lakes Borough
area at the time full service is provided by the applicant and by
other providers of wireless telecommunications services with the Pompton
Lakes Borough area.
[2]
How the proposed location of the wireless telecommunications
tower, facility and equipment relates to the location of any existing
towers, facilities or antennae within or near the Pompton Lakes Borough
area.
[3]
How the proposed location of the wireless telecommunications
tower, facilities or equipment relates to the anticipated need for
additional towers, facilities or equipment Within and near the Pompton
Lakes Borough area by the applicant and by other providers of wireless
telecommunications services within the Pompton Lakes Borough area.
[4]
How the proposed location of the wireless telecommunications
tower, facilities and equipment relate to the objective arid goal
of maintaining concealed or reduced tower height with groups of towers
within close proximity to one another rather than isolated taller
towers with many users at greater tower heights at random locations
throughout the Borough.
(k)
Site plan approval. In addition to the applicable documentation
and items of information required for major site plans within the
Pompton Lakes Land Use and Zoning subcode, the following additional
documentation and items of information shall be required as part of
any personal wireless telecommunications facility application:
[1]
A scaled site plan clearly indicating the location, type and
height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning (including when adjacent to other municipalities),
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower and any other structures,
topography, parking and other information deemed necessary to assess
compliance with this subsection.
[2]
The setback between the proposed facility and the nearest residential
unit.
[3]
Documentation by a qualified expert regarding the capacity of
the proposed facility for the number and type of antennae.
[4]
Documentation by a qualified expert that any proposed tower
will have sufficient structural integrity to support the proposed
antennae and the anticipated future collocated antennae and that the
structural standards developed for antennae by the Electronic Industries
Association and/or the Telecommunications Industry Association have
been met.
[5]
A letter of intent by the applicant, in a form acceptable to
the Borough Council, indicating that the applicant will share the
use of any tower with other approved personal wireless telecommunications
services.
[6]
A visual sight distance analysis, graphically simulating the
appearance of any proposed tower and indicating its view from at least
five locations around and within one mile of the proposed tower where
the tower will be most visible.
(l)
Experts. The approving authority reserves the right to retain,
at the applicant's expense, any technical consultants as it deems
necessary to provide assistance in the review of site location alternatives
analysis and specifications. By submitting an application for a wireless
telecommunications tower, facility or equipment, the applicant is
aware of this procedure.
(m)
Access. Any access to a wireless telecommunications facility
shall conform to the driveway provisions of the Pompton Lakes Borough
Land Development Subcode.
(n)
Off-street parking. One off-street parking stall shall be required.
(o)
Satellite or dish antennae. The construction of any dish antennae
or other similar antennae or device shall be constructed as to provide
the smallest diameter possible to effectuate communications.
W.
Planned commercial development.
[Added 11-28-2007 by Ord. No. 07-20]
(1)
Purpose. The purpose and intent of a planned commercial development
is to encourage quality design and environmentally sensitive development
by allowing developers greater flexibility in design and development
incentives, in order to achieve projects that are comprehensively
planned and implemented and provide additional amenities such as public
or private open space. Planned commercial development projects are
to be consistent with the Borough's small town character and the character
of the surrounding area and shall incorporate a mix of uses, design
flexibility, pedestrian-oriented development, interconnectivity among
uses, sensitivity to the natural environment and natural features,
energy-efficient building and site design, and the coordination and
adequacy of public facilities.
(2)
Applicability. A municipal zoning ordinance may provide districts
for planned commercial developments and shall establish standards
governing the type and density, or intensity of land use in a planned
development (N.J.S.A. 40:55D-65). Planned commercial developments
are permitted in the following specified zoning districts and subject
to the requirements set forth in this section as well as the development
requirements specified in each district:
(3)
General planned development standards. Prior to the approval of a
planned commercial development, the Board shall find the following
facts and conclusions pursuant to N.J.A.C. 40:55D-45 or otherwise
noted:
(a)
That departure by the proposed development from zoning regulations
otherwise applicable to the subject property in the district conforms
to the standards for planned commercial developments as provided in
this chapter;
(b)
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate. The following open space requirements
for planned developments as specified in N.J.A.C. 40:55D-43 shall
be met:
[1]
The developer shall provide for an organization for the ownership
and maintenance of any open space for the benefit of owners or residents
of the development, such as a homeowners' association, if said open
space is not dedicated to the municipality or other governmental agency.
[2]
Such organization shall not be dissolved and shall not dispose
of any open space, by sale or otherwise, except to an organization
conceived and established to own and maintain the open space for the
benefit of such development, and thereafter such organization shall
not be dissolved or dispose of any of its open space without first
offering to dedicate the same to the municipality or municipalities
wherein the land is located.
[3]
In the event that such organization fails to maintain the open
space in reasonable order and condition, the Borough may enter upon
and maintain such land according to the procedures and requirements
set forth in N.J.A.C. 40:55D-43.
[4]
The cost of such maintenance by the municipality shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the open space in accordance with assessed value
at the time of imposition of the lien, and shall become a lien and
tax on said properties and be added to and be a part of the taxes
to be levied and assessed thereon, and enforced and collected with
interest by the same officers and in the same manner as other taxes.
(c)
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
(d)
That the proposed planned commercial development will not have
an unreasonably adverse impact upon the area in which it is proposed
to be established;
(e)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
X.
Design of streets.
[Added 11-28-2007 by Ord. No. 07-20]
(1)
General. Each development shall have access to a street. Such access
shall be designed and constructed for, and shall be evaluated by the
Board as to adequacy for, entering and exiting vehicles and for emergency
vehicles.
(2)
Public streets.
(a)
All lots shall have frontage on a public street, except that
lots for residential uses other than detached single-family residential
uses may have access from a private street, as approved by the Board.
(b)
All public streets shall be located in a right-of-way dedicated
to the Borough and having the following minimum widths, measured from
lot line to lot line, unless another width is specifically recommended
in an adopted element of the Master Plan or on an adopted Official
Map for the Borough:
(c)
Developments that adjoin or include existing public streets
which do not conform to the above required right-of-way widths shall
dedicate the required additional width along one or both sides of
said street. If development is proposed along one side of the street
only, then 1/2 of the required extra width shall be dedicated.
(3)
Private streets.
(a)
Residential developments for other than detached single-family
residential uses may include private streets.
(b)
No site plan or subdivision controlling access to streets shall
be approved except when the control and disposal of said land controlling
access has been placed with the Borough or unless a protective deed
restriction has been approved by the Board.
(c)
The applicant shall demonstrate, prior to final approval, a
means to maintain the streets. The Board shall require a maintenance
agreement. This agreement shall include the Borough's right to enter
the premises to make repairs and/or conduct other necessary maintenance.
The cost for such repairs and/or maintenance by the Borough shall
be paid by the property owner(s) and shall include all legal, administrative,
clerical, planning and engineering costs associated with the work.
(4)
Location. Streets shall be designed to converge traffic flows at
convenient access points. Street design shall discourage through traffic
within residential areas. To facilitate traffic flows at major intersections,
turning lanes may be required. Acceleration and deceleration lanes
shall be installed at exits and entrances to commercial and industrial
areas unless the Board is satisfied that such lanes are not required.
(a)
The arrangement of streets shall be such as to provide for the
extension of existing streets.
(b)
Private access to nonresidential uses shall not be through a
residentially zoned lot or lots.
(c)
The approval by the Board of any map or plat delineating streets
shall in no way be construed as an acceptance of any street indicated
thereon.
(5)
Clear sight triangle. Clear sight triangles shall be provided at all street intersections. Within such triangles, no vision-obstructing object shall be permitted within the height of 30 inches and eight feet above the elevation of the intersecting street. The size of the sight triangle shall be as established in Subsection Y(1).
(6)
Cul-de-sac/culs-de-sac. All cul-de-sac/culs-de-sac of a permanent
nature shall be no more than 1,000 feet in length and provide access
to no more than 25 dwelling units and shall provide a turnaround at
the end with a radius of 50 feet at the curbline. For public streets,
an additional ten-foot-wide utility and planting strip shall be provided
around the entire cul-de-sac/culs-de-sac for a total right-of-way
radius of 60 feet. The center point for the radius shall be offset
to a point where the radius becomes tangent to the right curbline
of the associated street.
(7)
Pavement.
(a)
Subgrade. Topsoil shall be stripped from the proposed road bed
for the entire width of pavement, shoulders, gutters, curbs, sidewalks
or other required improvements. All unsuitable material shall be removed.
The subgrade shall be compacted to a density of not less than 95%
under optimum moisture conditions. All embankments shall conform to
current New Jersey State Highway Specifications, as amended.
(b)
Pavement materials. The quality of surfacing and base materials
used shall adhere to the minimum standards set forth by the county
or state when said street is within their jurisdiction. For streets
under the jurisdiction of the Borough, the following standards shall
apply:
[1]
As a minimum, any new street shall be constructed according
to the specifications and procedures set forth in the New Jersey State
Highway Department Standard Specifications (1983), as amended.
[2]
The base course shall be five inches stabilized base placed
on four inches of subbase Type 5A which has been inspected and approved
by the Borough Engineer.
[3]
The surface course for all classes of Borough streets shall
consist of 1 1/2 inches of bituminous concrete, Type FABC-1,
Mix No. 5.
[4]
An alternate pavement section may be approved by the Board if
the applicant can demonstrate to the Board's satisfaction that the
proposed pavement section is adequate to serve the anticipated volume
and type of traffic. However, for any pavement section approved, the
surface course must be bituminous concrete Type FABC-1, Mix No. 5.
(8)
Pavement widths.
(b)
The Board may approve a reduction in the pavement width as follows:
[1]
Location of public and private streets. If the street is a cul-de-sac providing access to not more than 25 dwellings units or if the street provides no parallel parking to meet the parking requirements of Subsection CC(1), the minimum pavement width may be reduced to 24 feet.
[2]
Collector streets. If the street will not have on-street parking
or residential uses with frontage on the collector, the pavement width
may be reduced to 26 feet, with a four-foot-wide graded shoulder on
each side.
(9)
Curbs.
(a)
Curbing for Borough streets shall be granite block with a six-inch
curb face on all streets except on arterial streets, which shall have
an eight-inch curb face. However, on streets under the jurisdiction
of the county or state, curbing shall be in accordance with the requirements
of the appropriate authority.
(b)
An alternate form of curbing may be approved by the Board if
the applicant can demonstrate to the Board's satisfaction that no
loss in the useful life of the curbing and no increase in maintenance
costs will occur. On private streets, the Board may waive the requirements
for curbing if the applicant can demonstrate that no adverse impact
will occur to the pavement, that drainage will not be impaired and
that the drainage system and facilities can easily be maintained.
(c)
On Borough streets, other than minor streets, and on private
streets, the Board may waive the requirements for curbing if the street
is specifically designed for construction without curbing, if drainage
will not be impaired, if there will be no adverse impact to the pavement,
if the drainage system can easily be maintained and if it can be shown
that any increased cost in maintenance will be offset by the overall
improvement in road design.
[1]
If granite block, stones shall not be less than 10 inches in
height and shall be constructed to show a vertical face above the
roadway pavement of six inches.
[2]
If concrete, the curbing shall meet the following specifications:
[a]
The concrete to be used for curbs shall be Class
B concrete as specified in the New Jersey State Highway Specifications
for Curbs and Gutters.
[b]
Expansion joints shall be provided at maximum intervals
of 10 feet and shall be sealed as specified by the Borough Engineer.
[c]
The curb at driveway openings shall be depressed
to the extent that 1 1/2 inches extends above the finished pavement.
[d]
Concrete curbs for local roads shall be eight inches
wide at the base and not less than seven inches wide at the top. Their
height shall not be less than 20 inches and shall be constructed to
show a vertical face above the pavement of six inches. The rear top
corner of the curb shall have a radius of 1/4 inch, and the front
top corner shall have a radius of 1 1/2 inches.
[3]
Depressed curb ramps for the handicapped shall be installed
at all curb radii where sidewalks intersect the curb in accordance
with the laws of the State of New Jersey.
(10)
Sidewalks and aprons.
(a)
Sidewalks shall be installed along Borough streets in all developments
in order to ensure safe pedestrian movement within the development
and into adjacent areas. Additionally, sidewalks shall be installed
in all areas wherever pedestrian traffic is anticipated to occur such
as between parking areas and buildings or between buildings. Sidewalks
shall be four feet wide and constructed of four-inch-thick Class B
concrete, as specified in the New Jersey State Highway Specifications,
as amended.
(b)
The Board may waive or modify the requirements for sidewalks
if it is demonstrated by the applicant that adequate provision for
pedestrian circulation has been provided through such methods as pedestrian
paths, except that sidewalks may still be required along principal
routes to schools.
(c)
Driveway aprons shall be constructed between the curb (or edge
of pavement) and the sidewalk or, in the absence of a sidewalk, for
a distance of four feet back from the curb (or edge of pavement).
The standard for materials shall be six inches of Class B concrete
as specified in the New Jersey State Highway Specifications, as amended.
(12)
Sight distances. The geometry of roads shall meet the following
minimum design criteria:
|
Rate of Vertical Curvature
(K Values)
Rounded for Design
| ||||
|---|---|---|---|---|
|
Posted Speed Limit
(mph)
|
Vertical Curves Minimum Stopping Sight Distance
(feet)
|
Crest Vertical Curves
|
Sag Vertical Curves
|
Horizontal Curves Minimum Radius
(feet)
|
|
25 or less
|
150
|
20
|
20
|
150
|
|
35
|
250
|
40 to 50
|
50
|
250
|
|
45
|
350
|
80 to 100
|
79 to 90
|
450
|
(13)
Noncurbed roads using surface drainage systems.
(a)
Positive drainage shall be provided to drain surface water runoff
from the roadway pavement.
(b)
A five-foot shoulder with a 5% cross slope shall abut the edge
of pavement.
(c)
All swales shall be designed to carry a twenty-five-year-frequency
storm for the drainage area served.
(d)
Drainage swales shall have a maximum side slope of three to
one.
(e)
All swales shall have a minimum grade of 0.5% to prevent silting
and a maximum slope that will prevent erosion. Paved inverts and/or
energy dissipaters may be required.
(f)
The invert of all swales shall be a minimum of three inches
below the pavement section.
(g)
All swales shall be hydro seeded or similarly treated to ensure
a stable erosion control surface immediately after construction.
(h)
The street right-of-way shall be widened to include all drainage
swales where Borough maintenance of such swales will be required to
ensure that the drainage system will function in a manner that protects
the pavement from stormwater infiltration.
(14)
Street names and numbers. A new street name shall not conflict
with or be mistaken for an existing street name in the municipality
or postal zip code unless the street is a logical extension of an
existing street. The street numbering system shall be as approved
by the Borough Tax Assessor.
(15)
Street name signs. Street name signs shall be placed at all
street intersections within or abutting the development. Such signs
shall be of a type approved by the Borough and shall be placed in
accordance with the Borough's standards or at the direction of the
Borough Engineer.
Y.
Design of intersection.
[Added 11-28-2007 by Ord. No. 07-20]
(1)
Clear sight triangle. The required dimensions of a clear sight triangle
shall depend on the posted speed of the uncontrolled or major roadway.
The sight triangle shall be laid out so that a driver 10 feet from
the right-of-way line of the uncontrolled or major street can see
approaching traffic at the following distances, and an easement controlling
construction shall be established for all portions of the clear sight
triangle not in a public right-of-way. The sight triangle shall be
clear of any obstructions from 30 inches above grade to a point eight
feet above grade, except utility poles shall be permitted, provided
that they do not present a safety hazard.
|
Posted Speed Limit
(mph)
|
Minimum Required Clear Sight Distance
(feet)
|
|---|---|
|
25
|
250
|
|
35
|
350
|
|
45
|
450
|
(2)
Grades. Intersections shall be approached on all sides by a straight
and level area, a minimum of 40 feet in length, the maximum grade
of which shall be as follows:
|
Classification
(mph)
|
Maximum Up Grade
(percentage)
|
Maximum Down Grade
(percentage)
|
|---|---|---|
|
45 or greater
|
2%
|
2%
|
|
25 to 44
|
5%
|
3%
|
(3)
Separation. Intersections shall be separated from adjacent roadway
intersections by the minimum distances set forth below. The minimum
distance shall be measured center line to center line along the intersecting
street and shall be dependent upon the type of intersection and the
posted speed limit of the roadway between the two intersections. Two
T-intersections with approaches from opposite directions shall be
considered full intersections.
|
Posted Speed Limit
(mph)
|
Full Intersection
(feet)
|
T-intersection
(feet)
|
|---|---|---|
|
25
|
300
|
200
|
|
35
|
350
|
250
|
|
45
|
450
|
300
|
Z.
Parking lot and driveway design.
[Added 11-28-2007 by Ord. No. 07-20]
(1)
Design of driveways.
(a)
All driveways shall be minimum of 10 feet for one-way operation
and 24 feet for two-way operation in width and shall be constructed
of at least four inches of compacted subbase material and two inches
of three-eighths-inch roadway stone or comparable material. Where
driveways adjoin paved parking lots, these driveways shall be paved
to the same standards as the parking lot. Aprons shall be provided
in accordance with the provisions of this chapter.
(b)
Driveway grades shall not exceed 10% at any point along the
entire length of the driveway. In addition, the driveway grade shall
not exceed 8% for a distance of 15 feet from the curbline, and a transition
curve shall be provided between said 8% grade and any increase in
grade.
(c)
The side slopes of driveways shall be topsoiled, seeded, fertilized
and mulched or otherwise stabilized to prevent erosion. If banks exceed
a two to one slope, and the slope face is not stable rock, retaining
walls shall be constructed in a manner approved by the Borough Engineer.
(d)
No driveway shall be located within five feet of a side lot
line unless it is a common driveway for an attached duplex or multifamily
dwelling. No driveway pavement area shall be wider than 1/2 the width
of a lot.
(2)
Design of parking area. With the exception of single-family detached
dwellings, all off-street parking areas shall meet the following requirements:
(a)
All off-street parking shall be paved with a minimum of 1.5
inches of bituminous concrete (FABC) placed on top of a minimum of
3.5 inches of stabilized base and a minimum of four inches of compacted
subbase, Type 5A, or an equivalent as approved by the Borough Engineer.
(b)
All parking and loading areas shall be curbed with granite block
or concrete curbing constructed to Borough standard specifications
unless the applicant can demonstrate that elimination of the curbing
will not decrease the useful life of the pavement, have a negative
effect on drainage or increase maintenance costs.
(c)
All parking and loading areas shall have a convenient means
of ingress and egress.
[1]
The applicant shall demonstrate to the Board that ingress and
egress will not adversely affect the flow of traffic on Borough streets.
[2]
Traffic circulation shall be designed to minimize the use of
aisles serving parking areas.
[3]
For nonresidential uses, parking areas with more than 25 spaces
shall have separate entrances and exits.
[4]
Where a combined entrance and exit is provided, the access road
shall be a minimum of 24 feet in width.
[5]
Where separate entrances and exits are provided, the minimum
roadway width shall be 15 feet.
(d)
If a parking lot has an area of less than 8,000 square feet,
an area equal to 5% of the lot shall be maintained as open space.
If a parking lot has an area of greater than 8,000 square feet, an
area equal to 10% of the lot shall be maintained as open space. Said
open space shall be within the perimeter of the lot and shall be appropriately
planted or designed for the retention of existing trees. All plantings
shall be protected by curbing, bumpers or bollards. Within any parking
area there shall be at least one two-and-one-half-inch diameter at
breast height (dbh) caliper or larger shade tree for each 10 spaces.
(e)
All portions of the property not used for off-street parking,
loading or access shall be attractively landscaped with lawns, trees
and shrubs as approved by the Board. Parking areas visible from a
street shall, through the use of landscaping, be intermittently screened.
(f)
Striping and directional and traffic safety signs shall be provided
throughout the parking, loading and circulation areas in accordance
with the Manual on Uniform Traffic Control Devices.
(g)
All lighting shall be so arranged and shielded to reflect light
downward and away from adjoining streets and properties.
AA.
Lighting.
[Added 11-28-2007 by Ord. No. 07-20]
(1)
Streetlighting. Streetlighting of a type supplied by a utility
company and of a type and number approved by the Borough Engineer
shall be provided where deemed necessary for safety reasons. Wherever
electric utility installations are required to be underground, the
applicant shall also provide for underground service for streetlighting.
(2)
Parking areas and walkways. For all uses other than single-family
or two-family residential uses, all areas between buildings, all parking
areas and walkways and all passageways and driveways shall be adequately
illuminated for security and safety reasons. The lighting plan in
and around the parking areas shall provide for nonglare lights focused
downward. For parking areas, lighting shall be provided by standards
with a mounting height not more than 25 feet or the height of the
building, whichever is less, unless said standard is located within
250 feet of a residential zone, in which case the mounting height
shall not exceed 12 feet. Mounting height shall be measured from the
ground level to the center line of the light source. Standards of
other than pedestrian walkway lighting shall be spaced a distance
not to exceed five times the mounting height. Any other outdoor lighting
such as building and sidewalk illumination, driveways with no adjacent
parking, lighting of signs and ornamental lighting shall be as shown
on the lighting plan in sufficient detail to allow determination of
effects on adjacent properties, traffic safety and overhead sky glow.
The objective of these specifications is to minimize undesirable off-premises
effects. No light shall shine into windows or onto streets and driveways
in such a manner as to interfere with or distract driver vision. To
achieve these requirements, the intensity of such light sources, the
method of light shielding and similar specifications shall be subject
to site plan approval.
(3)
Intensity of lighting. Average maintained horizontal illumination
shall be as follows:
|
Use Classification
|
Nonresidential Use
(footcandles)
|
Residential Use
(footcandles)
|
|---|---|---|
|
Roadways
|
0.9
|
0.4
|
|
Sidewalks
|
0.9
|
0.2
|
BB.
Landscaping, shade trees and buffers.
[Added 11-28-2007 by Ord. No. 07-20]
(1)
Landscaping.
(a)
The entire development shall be landscaped in accordance with
an approved landscaping plan. Landscaping shall include items having
an effect on project safety, habitability and appearance such as:
(b)
The project shall be landscaped so as to best adapt the site
to the intended use, to control the project's environmental impact
and to enhance the appearance of the project, both on-site and from
the surrounding area.
(2)
Standards. Plantings shall be in accordance with the following
standards:
(3)
Shade trees. Each development plan shall provide for shade trees
having a maximum spacing of 40 feet along each side of all streets,
public or private, existing or new. In determining the need for new
shade trees, the location of existing shade trees shall be considered,
and, if existing shade trees will remain, new shade trees will not
be required in such areas. Additionally, shade trees shall be provided
within parking areas containing 8,000 or more square feet and shall
be planted at a minimum ratio of one shade tree for every 10 parking
spaces. Shade trees shall be a minimum caliper of 2 1/2 inches.
The Board shall consult with the Shade Tree Commission[4] concerning the adequacy and appropriateness of the proposed
shade trees.
(4)
Screening. Screening shall be accomplished through the use of
landscape plantings. Plantings shall be a minimum of six feet in height.
(5)
Landscaping of buffer areas. Landscaping of required buffers
and screens shall take into account the opportunities presented by
existing site features. Screening, where required, shall be achieved
by fencing, earth forms and plantings applied singly or in combination,
as necessary. Landscaping used for buffering purposes shall be compatible
in scale and character with the surrounding prevailing landscape and
project features and shall be designed as part of the overall landscaping
plan.
(6)
Soil erosion and sedimentation control. The landscaping plan
shall be compatible with the soil erosion and sedimentation control
plan.
CC.
Parking and loading.
[Added 11-28-2007 by Ord. No. 07-20]
(1)
Parking.
(a)
The development plan shall show the total number of off-street
parking spaces required for the use or combination of uses indicated
in the application. The schedule below represents standards acceptable
to the Borough. Since a specific use or combination of uses may generate
a parking demand different from those enumerated below, documentation
and testimony may be presented to the Board as to the anticipated
parking demand. Based upon such documentation and testimony, the Board
may:
[1]
Allow construction of a lesser number of spaces, provided that
adequate provision is made for construction of the required spaces
in the future.
[2]
In the case of nonresidential uses, require that provision be
made for the construction of spaces in excess of those required hereinbelow
to ensure that the parking demand will be accommodated by off-street
spaces.
[3]
Allow the joint or shared use of parking for multiple uses with
different peak demands.
[4]
Waive any parking requirement in the DRA-1 and/or DRA-2 Zone
that it deems necessary, upon considering all relevant testimony and
facts; including the availability of public parking spaces located
on public streets and/or located in public parking lots. The Planning
Board may also consider available parking spaces available for a specific
development made available through a binding long-term (defined as
20 years or greater) parking agreement, such as a parking space lease
agreement between two property owners.
[Added 7-20-2011 by Ord. No. 11-08]
(b)
Off-street parking requirements for residential uses shall be
as follows:
|
Uses
|
Required Spaces*
|
|---|---|
|
Detached residential
|
2 per dwelling unit
|
|
Attached residential
| |
|
Studio, one-bedroom
|
1.75 per unit
|
|
Two-bedroom
|
2.0 per unit
|
|
Three-bedroom
|
2.5 per unit
|
|
Affordable, senior citizen
|
1.0 per unit
|
|
*
|
NOTE: Total to be rounded to next higher number.
|
(c)
Off-street parking requirements for nonresidential uses shall
be as follows:
|
Uses
|
Required Spaces
|
|---|---|
|
Retail sales, service
|
1 for every 200 square feet of gross floor area or a part thereof
|
|
Office
|
4 per 1,000 square feet of gross floor area
|
|
Industrial manufacturing
|
1 per 500 square feet of gross floor area or a part thereof
|
|
Warehouse, storage
|
1 per 500 square feet of gross floor area or a part thereof
|
|
Schools and appurtenant structures with grades up to 10
|
1 per 400 square feet of gross floor area or a part thereof
|
|
Schools and appurtenant structures with grades 10 through 12
|
1 per 200 square feet of gross floor area or a part thereof
|
|
Churches and other places of worship
|
1 space for every 3 seats in sanctuary, plus 1 for every 250
square feet of remaining floor area or a part thereof
|
|
Municipal and Board of Education uses
|
1 for every 200 square feet of floor area or a part thereof
|
|
Restaurants
|
1 space for each 3 patron seats
|
|
Fast-food restaurants
|
1 per 30 square feet of gross floor area
|
|
Parks
|
1 for each employee, plus user spaces as deemed necessary
|
|
Business luncheon clubs
|
1 per every 5 patron seats
|
|
Public garage or gasoline service stations
|
1 space per employee, plus 4 per bay
|
|
Nursing homes and sanatorium
|
1 for every 2 beds
|
(d)
General requirements.
[1]
For each dwelling unit in a nonresidential district, two off-street
parking spaces shall be provided.
[2]
Permitted nonresidential uses in all residential districts shall
be provided with one off-street parking space for every 200 square
feet of floor area, or any fraction thereof, of any building area
so used.
[3]
Any building containing more than one use shall meet the combined
parking space requirements for all uses in the building, except as
provided in Subsection CC(l)(a) above.
[4]
No change in use within a building shall be allowed unless it
can be shown sufficient parking is available for the new use on the
site.
[5]
For each use, handicapped parking shall be required on a portion
of the required parking in accordance with the Barrier-Free Design
Regulations, as amended, promulgated by the State of New Jersey and
the Americans with Disabilities Act.
(2)
Location
of spaces.
(a)
Residential zones.
[1]
Off-street parking is permitted in any side or rear yard, provided
that said spaces shall not be closer than five feet to the property
line.
[2]
For the purpose of administering this provision, any driveway that
connects the abutting street with a garage servicing a detached or
single-family attached dwelling can be used to meet the required off-street
parking provision.
(b)
Nonresidential zones.
[1]
All required off-street parking shall be located on the same lot
as the use requiring the parking except as allowed below and as specifically
approved by the Board.
[2]
In the B-1 Zone only, the applicant may request the Borough, and
the Borough may agree, to construct the required parking, whether
on- or off-site, provided that the applicant pay the full cost of
the construction and further provided that all parking spaces will
be located within 500 feet of the building to be served.
[3]
Any owner or group of owners of two or more nonresidential buildings
or uses in a B-1 Zone may jointly sponsor the construction of off-street
parking facilities, whether on- or off-site, provided that all other
applicable requirements of this section are met and further provided
that no participating use is farther than 300 feet from the edge of
the parking area serving it.
[4]
Off-street parking is permitted in any front, side and rear yard
pursuant to a plan approved by the Board.
(c)
If any applicant can clearly demonstrate to the Planning Board that,
because of the nature of his operation or use, the parking requirements
of this subsection are unnecessary or excessive, the Planning Board
shall have the power to approve a site plan showing less paved parking
area than is required by this subsection; provided, however, that
a landscaped area of sufficient size to meet the deficiency shall
be set aside and reserved for the purpose of meeting future off-street
parking requirements in the event that a change of use of the premises
shall make such additional off-street parking space necessary. Anything
in this subsection to the contrary notwithstanding, no certificate
of occupancy shall be valid except for the particular use for which
it was issued, and any change on any premises previously improved
under this subsection shall only be permitted after a new site plan
shall have been submitted to and reviewed and approved by the Board.
All parts of any yards not used for off-street parking area shall
be adequately landscaped, subject to approval by the Board and maintained
in good condition.
(3)
Loading.
(a)
Number of spaces. In all zone districts, for every building,
or part thereof, hereafter erected which is to be occupied for manufacturing,
storage, display of goods, retail sales, wholesale or warehouse, market,
hospital for humans, laundry, dry-cleaning establishment or other
use requiring the receipt or distribution by vehicles of materials
or merchandise, there shall be provided and maintained on the same
premises with such use at least one off-street loading space.
(b)
Location. Loading areas shall be located in side or rear yards
only and shall be designed so that no portion of a vehicle shall extend
over a public right-of-way during loading or unloading activities.
(c)
No part of an off-street loading space shall be nearer than
25 feet to any property line.
DD.
Construction mitigation requirements. All approvals for development,
whether site plan or subdivision, shall require the following mitigation
measures.
[Added 10-10-18 by Ord. No. 2018-21]
(1)
The soil erosion and sedimentation control plan approved by
the Soil Conservation District shall remain in full force and effect
during the course of construction. Failure to comply with the soil
erosion and sedimentation control plan shall result in a work stoppage
until the conditions are corrected and the soil erosion and sedimentation
control plan is reestablished.
(2)
The following measures shall remain in full force and effect
during on site construction.
(a)
Elimination of anti-vandalism horns on equipment shall be required.
(b)
Work hours are limited to 7:00 a.m. to 5:00 p.m. Monday through
Friday and 8:00 a.m. to 5:00 p.m. on Saturday. No work shall take
place on Sunday or holidays except on an emergent basis as determined
in the sole discretion of the Borough Administrator, Borough Engineer,
Construction Official or Zoning Officer. The following are the holidays
to be observed: New Year's Day, President's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day. The applicant
shall maintain personnel on site to whom incidents of non-disturbance
may be reported and said personnel shall be authorized to take measures
to minimize any disturbance immediately.
(c)
Anti-litter regulations shall be imposed on site.
(d)
The applicant shall establish regulations for the safe and proper
transfer and transport of fuel on site.
(e)
Track mats shall be located by the Hudson Essex Passaic Soil
Conservation District representative and the Borough Engineer in such
locations as to minimize the tracking of mud and dirt off site.
(f)
Clean up and wash down of trucks and equipment is required before
said vehicles are authorized to leave the construction site.
(g)
Adequate provisions for safe control of employee parking, including
employees of contractors and subcontractors, shall be required on
site during construction.
(h)
All construction traffic shall enter and exit the site in accordance
with a plan to minimize the disruption of existing development in
the area.
(i)
Violation of any of these construction mitigation measures may
result in a stop-work order, which order shall remain in full force
and effect until the violation is remedied to the satisfaction of
the Borough Engineer.
(3)
Prior to construction, including site work activity, a preconstruction
meeting shall be required. The meeting shall be attended by Borough
Officials, including the Borough Administrator, Borough Engineer,
Construction Official and Zoning Officer, the applicant and applicant's
engineers and contractors. The preconstruction meeting shall not be
held until a copy of the Engineer's opinion of probable cost has been
submitted to the Borough to complete inspection fees and for determination
of performance bond requirements. Said bond and fees shall be submitted
to and approved by the Borough Attorney.
(4)
All non-disturbed areas on site shall be demarcated by snow
fencing during construction and the snow fencing shall be installed
on site before any construction activity, including site work. An
intrusion into a non-disturbed area will result in a stop-work order
for that area affected by the violation as determined by the Borough
Engineer, Construction Official and/or Zoning Officer. The stop-work
order shall remain in full force and effect until the violation is
corrected and any damage created by the violation is restored to a
state satisfactory to the Borough Engineer and/or Construction Official.
(5)
Should blasting be required, the applicant shall comply with
N.J.S.A. 21:1A-128 et seq. and all regulations promulgated thereunder.
In addition, the applicant shall notify the Borough Fire Official
of intent to perform blasting activities. The notice shall include
the location of the intended blasting and the time it is expected
to take place.
(6)
Cut sheets shall be provided to the Borough Engineer directly
and to all on site inspectors, during construction. As-built drawings
shall be forwarded to the office of the Borough Engineer with a copy
to the Construction Officer, prior to the issuance of certificates
of occupancy for any structure.
(7)
All conditions of approval shall, to the extent possible, be
incorporated into seven sets of revised plans that shall be submitted
to the appropriate approving Board Secretary for signature prior to
any construction or on-site disturbance. The applicant's engineer
shall be required to certify that all conditions of approval have
been set forth on the plans.
EE.
Cannabis Establishments and Uses Prohibited. The operation of all
classes of cannabis establishments as defined by P.L. 2021, c.16,
including but not limited to, cannabis retailers, cultivators, manufactures,
distributors, wholesalers, delivery services, medical cannabis dispensaries,
alternative cannabis treatment centers, including such operators holding
a medical cannabis dispensary permit pursuant to P.L. 2009, c.307
(C. 24:6I-7), are expressly prohibited uses within the jurisdictional
boundaries of the Borough of Pompton Lakes.
[Added 6-9-2021 by Ord. No. 21-19; 7-14-2021 by Ord. No. 21-21]
A.
The district regulations for the R-3, R-4, R-5, R-6 and R-9 Residential
Zones shall be as follows:
(1)
Permitted principal uses.
(2)
Permitted accessory uses and structures.
[Amended 8-15-1995 by Ord. No. 95-12]
(3)
Permitted conditional uses.
[Amended 8-15-1995 by Ord. No. 95-12]
(a)
Public and private schools.
(b)
Church or other places of worship.
(c)
Residential professional office.
[1]
The residential professional office may only be used by a resident
physician, surgeon, dentist, lawyer, architect, accountant or teacher
or other related professions, provided that the professional who performs
the service or does the office work resides therein and the work or
service performed involves principally the service of said resident,
and provided, further, that the premises is used primarily as the
residence of the occupant.
[2]
The office space of the residence may cover a maximum of 500
square feet of the structure, whether the structure is the primary
or accessory building.
[3]
Said office may have a maximum of two employees, in addition
to the resident professional.
[4]
Said office shall have a minimum of three off-street parking
spaces.
[5]
In connection with said office, no overnight hospital facilities
shall be provided for animals or persons.
[6]
No such home occupation shall produce noise, vibrations, smoke,
dust, odors, heat or glare detectable by human senses beyond the walls
of the dwelling unit containing such home occupation.
[7]
Said use shall not detract from the residential character of
the neighborhood.
(d)
Municipal uses.
(e)
Board of Education uses.
(f)
Public utility facilities.
(4)
Lot, yard and height regulations: see Schedule 1.[1]
[1]
Editor's Note: Schedule 1, Schedule of Zone Districts, is included as an attachment to this chapter.
(5)
Townhouse standards. Townhouses shall be allowed in the R-6 Zone
only, subject to the following requirements:
(a)
Tract and lot area. Minimum tract size for townhouse uses shall
be five acres.
(b)
Height. No building shall exceed a maximum of 35 feet in height.
(c)
Yards. No building containing a single-family attached dwelling
unit shall be closer than 50 feet to any abutting street right-of-way
line nor closer than 50 feet to any other property line. Accessory
structures and parking are permitted in the side and rear yard, provided
that no accessory structure or parking area shall project closer than
20 feet to any property line.
(d)
Minimum distance between buildings. There shall be a minimum
distance between dwelling structures as provided in the following
schedule:
|
Facade to Facade
|
Minimum Distance
(feet)
|
|---|---|
|
Front facing front
|
50
|
|
Front facing rear
|
50
|
|
Front facing side
|
30
|
|
Rear facing rear
|
50
|
|
Rear facing side
|
30
|
|
Side facing side
|
30
|
(e)
Density. The average density of any parcel of land shall not
exceed six single-family attached dwellings for every acre of the
tract of land so developed. Building coverage shall not exceed 20%
of the tract.
(f)
Units per structure. No structure shall contain more than eight
single-family attached dwellings.
(g)
Rooms. All single-family dwellings shall contain at least one
bedroom separate from the living area.
(i)
Lighting. Reasonable yard lighting shall be provided to illuminate
the premises at night. All wiring shall be laid underground. All lighting
fixtures shall be so arranged so that the direct source of light is
not visible from any residential areas as approved by the Board.
(j)
Partition walls. There shall be between each single-family attached
dwelling a firewall which shall be constructed pursuant to the following
specifications as verified by the Construction Official. Such noncombustible
wall shall have a sound transmission classification (STC) of not less
than 52 based on the laboratory test procedure specified in the ASTM
(American Society for Testing and Materials) recommended practice
E-90-66T.
(k)
Landscaping. All outdoor areas shall be landscaped as approved
by the Board. All parking and service areas shall be adequately screened
and shielded from adjacent residential areas and located on the site
as approved by the Board. Interior development roads and pedestrian
walks shall be provided with shade trees. Open spaces adjacent to
and between buildings, border strips along interior development roads
and areas along the sides of pedestrian walks shall be graded and
seeded to provide a thick stand of grass or other plant material ground
cover. Approaches to single-family attached dwelling structures and
entrance areas shall be attractively shrubbed. Topsoil shall not be
removed from the site during construction, but shall be stored and
redistributed to areas within the development most exposed to view
by occupants and the public, and such areas shall be stabilized against
erosion by seeding or planting.
(l)
Utilities. Every dwelling must be connected to the public sanitary
sewer and water systems. Fire hydrants shall be installed by the developer
in adequate numbers and at locations recommended by the Borough Engineer.
All utilities such as electricity, telephone and the like shall be
installed underground. Adequate provision for storm drainage must
be made as approved by the Board after consultation with the Borough
Engineer.
(m)
Traffic.
[1]
The Board shall require entrances and exits to the site at locations
and widths that will minimize traffic congestion and result in the
best vehicular and pedestrian circulation pattern, both on and abutting
the site. The Board may require the applicant to submit a traffic
engineering study prepared by a licensed professional engineer which
will indicate the impact that development of the site will have on
surrounding roads. This traffic study shall include the following
elements:
[2]
If the results of the survey indicate necessary off-site improvements
of existing Borough streets, the applicant shall contribute a prorated
share of such improvements as determined by the Board.
(n)
Guaranties. The applicant shall furnish to the Board, as a condition
of final site plan approval, agreements, covenants, master deeds,
bylaws and other instruments deemed necessary by the Board to effectively
guarantee and verify that:
(6)
Garden apartment standards. Garden apartments shall be allowed in
the R-6 Zone only, subject to the requirements below. Customary accessory
uses to the above permitted uses are also permitted.
(a)
Tract area. Minimum tract size shall be 10 acres.
(b)
Project size. There shall be at least 60 dwelling units within
each garden apartment project or any development section thereof.
(c)
Density. The number of dwelling units in the overall development
area shall not exceed an average of 10 dwelling units per acre. Building
coverage shall not exceed 20% of the tract.
(d)
Units per structure. No structure shall contain more than 12
dwelling units.
(e)
Utilities. Every garden apartment development must be connected
to the public sanitary sewer and water systems, as approved by the
Borough Engineer. Fire hydrants shall be installed by the developer
in adequate numbers and at locations as approved by the Board. Telephone
and electric wiring shall be laid underground.
(f)
Height. No building containing garden apartment units shall
exceed 35 feet in height.
(g)
Frontage. Every lot shall have a frontage of not less than 100
feet measured along the front street right-of-way line.
(h)
Setback. No building, structure or parking area shall be located
within 50 feet of any preexisting public street as of the time of
the initial application. Every building or structure shall have a
minimum setback of 25 feet from all interior development roads and
shall have a setback of 50 feet from adjoining property lines bounding
the development area. Accessory structures and parking in the side
and rear yards are permitted, provided that no accessory structure
or parking area shall project closer than 20 feet to any property
line.
(i)
Minimum distance between buildings. There shall be a minimum
distance between dwelling structures as provided in the following
schedule:
|
Facade to Facade
|
Minimum Distance
(feet)
|
|---|---|
|
Front facing front
|
50
|
|
Front facing rear
|
50
|
|
Front facing side
|
30
|
|
Rear facing rear
|
50
|
|
Rear facing side
|
30
|
|
Side facing side
|
30
|
(j)
Superintendent. Each garden apartment project shall have a building
superintendent residing on the premises.
(k)
Landscaping. All open spaces in any garden apartment project
shall be adequately landscaped and maintained in good condition after
approval by the Board. All parking and service areas shall be so screened
that adjacent residential areas are shielded from said parking or
service areas, and all ingress and egress driveways to and from said
parking and service areas shall only be located within the R-6 Zone
District.
(l)
Lighting and wiring. Yard lighting shall be provided during
the hours of darkness to provide illumination for the premises and
all interior sidewalks, walkways and parking areas thereon. All electrical
and telephone wiring shall be laid underground, and all lighting fixtures
shall be so arranged that the direct source of light is not visible
from any street or adjacent residential areas.
(m)
Parking. All garden apartment developments shall meet the off-street parking provisions of § 190-16CC.
(n)
Location. No dwelling unit, or any portion thereof, shall be
located below the first story or above the second story of any garden
apartment structure.
(o)
Facilities.
[1]
Each dwelling unit shall contain complete cooking, toilet and
bathing facilities; provided, however, that any garden apartment dwelling
unit containing more than two bedrooms shall have at least 1 1/2
baths. For the purpose of administering this subsection, a half bath
shall consist of at least a toilet and a sink.
[2]
All bedrooms shall be separately partitioned and enclosed.
[3]
Each garden apartment dwelling structure shall contain a readily
accessible interior storage area in the basement of at least 500 cubic
feet per dwelling unit. The height of any such storage area shall
not be less than seven feet.
[4]
Each garden apartment dwelling structure shall contain separately
partitioned clothes washing and drying areas of at least 10 square
feet of floor area per dwelling unit.
(p)
Driveways. Private driveways, where approved by the Board, shall
provide adequate access and circulation within the development as
well as relative to public thoroughfares and shall be in harmony with
the proposals of the Master Plan, the Official Map and the requirements
of the Board. All drives, access roadways and sidewalks shall be properly
paved, curbed and drained as approved by the Borough Engineer and
shall comply with the requirements of the ordinances of the Borough
of Pompton Lakes. All driveways shall have a minimum pavement width
of 24 feet between curbs. However, access roadways shall have a minimum
pavement width of 30 feet between curbs. Private access roadways,
where necessary, shall be designated as "emergency vehicle routes."
Curb parking along these routes shall be prohibited and the prohibition
enforced by the Borough.
B.
AH-1 and AH-2 Affordable Housing Zones. With respect to the AH-1,
and AH-2 Zones, the Borough of Pompton Lakes recognizes its obligation
under the New Jersey Fair Housing Act to provide for its own indigenous
need and its fair share of the regional need of low- and moderate-income
(affordable) housing. The AH-1 zone is identified by the following
properties: Block 100 Lot 25, Block 2700 Lot 5, Block 100 Lot 22.03,
Block 1000 Lot 18, Block 1000 Lot 20, Block 1000.01 Lot 1, Block 1000.01
Lot 20.01, Block 1800 Lot 19, Block 2701 Lot 1, and Block 2701 Lot
3. The AH-2 zone is identified by the following properties: Block
2600 Lot 2, and Block 9001, Lot 17.
[Amended 12-4-2019 by Ord. No. 19-25; 2-26-2020 by Ord. No. 20-06; 9-23-2020 by Ord. No. 20-20]
(1)
Permitted principal uses and densities. Properties in the AH-Districts
may be developed with townhouses, condominiums and apartments. Properties
in the AH-2 District may also include a commercial retail component.
All development in the AH Districts is subject to the following requirements
and limitations:
(a)
In the AH-1 District, properties may be developed only for townhouses
at a maximum density of 10 housing units per acre, exclusive of any
state- or federally designated wetland or other wetland area confirmed
by professional investigation and any area containing slopes exceeding
a grade of 15%, and subject to other requirements and limitations
as may be imposed by this chapter; provided, however, that not fewer
than 20% of the total of number of for-sale or 15% of the total number
of rental housing units shall be designated for occupancy by low-
and moderate-income households. The units designated for low- and
moderate-income households may be either townhouses or apartments.
(b)
In the AH-2 District, properties may be developed for mixed-use
townhouse or apartment units at a maximum residential density of 13
housing units per acre, exclusive of any state- or federally designated
wetland or other wetland area confirmed by professional investigation
and any area containing slopes exceeding a grade of 15%, and subject
to other requirements and limitations as may be imposed by this chapter;
provided, however, that not fewer than 20% of the total of number
of for-sale or 15% of the total number of rental housing units shall
be designated for occupancy by low- and moderate-income households.
The units designated for low- and moderate-income households may be
either townhouses or apartments. A commercial component is also permitted
as either a separate structure or integrated into the ground floor
of the residential development. The commercial component should be
integrated into the site to create a natural transition between the
Gateway District (GWD) and adjacent residential neighborhoods. Commercial
uses should cater to the nearby residential neighborhood and school,
and shall be limited to:
[1]
Restaurants and eating and drinking establishments but excluding
drive-in or drive-through restaurants.
[2]
Retail sales and services.
[3]
Personal and business services.
[4]
Banks and other fiduciary institutions.
[5]
General, business and professional offices, including medical
offices, finance, insurance and real estate offices.
[6]
Educational or quasi-educational establishments, such as ballet
or dance schools, martial arts schools, nursery schools and business,
vocational or technical schools.
[7]
Municipal, county, state and federal government offices.
(2)
Permitted Accessory Uses. The following accessory uses are permitted
in the AH-1 and AH-2 Zones:
(a)
Private garages.
(b)
Buildings for storage of maintenance equipment.
(e)
Private recreation buildings and facilities, including swimming
pools, intended for use by residents of the premises.
|
The following accessory uses are permitted in the AH-2 Zone:
|
|
(a)
|
Uses and structures that are customarily subordinate and incidental
to a principal permitted use.
|
|
(b)
|
Signs. See § 190-16Q.
|
|
(c)
|
Off-street parking and surface parking.
|
(3)
Required conditions in the AH-1. The following zoning standards shall
apply:
(4)
Required conditions in the AH-2 District. The following zoning standards
shall apply:
(a)
Minimum lot size: One acre.
(b)
Minimum lot width: 60 feet.
(c)
Maximum height: 3 1/2 stories or 45 feet, whichever is
less.
(d)
Minimum front yard setback: 50 feet.
(e)
Minimum side yard: The combined side yard shall be a minimum
of 25 feet and, where applicable, shall be wide enough to accommodate
a full-access driveway and vegetative buffering.
(f)
Minimum rear yard: 35 feet.
(g)
Maximum building coverage: 35%.
(h)
Maximum impervious coverage: 50%.
(j)
Requirements for parking areas and driveways. See requirements for parking areas and driveways in DBD-1 District, § 190-17F(6).
(k)
Requirements for parking decks. See requirements for parking decks or structures in the DBD-1 District, § 190-17F(7).
(5)
Minimum distances between buildings. The minimum distance between
buildings shall be equal to the height of the tallest building, or
as otherwise approved by the reviewing Board to enable adequate air,
light and open space between buildings.
(6)
Accessory buildings.
(a)
Setbacks. Accessory buildings shall meet the street and property
line setbacks of the principal building. Swimming pools, tennis courts
and other surfaced recreation facilities shall be at least 100 feet
from a residential property line and at least 50 feet from any other
property line.
(b)
Height. The maximum height of an accessory building shall be
16 feet. Clubhouses shall be governed by height limitations for principal
buildings.
(c)
Design. Architectural design and materials used in the construction
of accessory buildings shall conform to those used in the construction
of principal buildings.
(7)
Open space and recreation. Exclusive of internal roadways and parking
areas, there shall be provided a minimum of 30% of the entire tract
for common open space and facilities.
C.
The district regulations for the B-1 and B-2 Business Zones shall
be as follows:
(4)
Lot, yard and height regulations: see Schedule 1.[2]
[2]
Editor's Note: Schedule 1, Schedule of Zone Districts, is included as an attachment to this chapter.
(5)
General provisions.
(a)
Unattached buildings shall not be erected closer than 30 feet
to any other building situated on the same lot.
(b)
Curbed pedestrian walks, not less than five feet wide, shall
be provided along the entire length of any wall of stores which contain
public entranceways or exitways and/or display windows.
D.
E.
The district regulations for the O-S Public Open Space and C-R Conservation-Recreation
Districts shall be as follows:
(1)
Permitted principal uses.
(a)
Outdoor commercial and noncommercial recreational uses, including
horseback riding and jumping schools, bridle trails, hiking and nature
trails, bicycle paths, picnicking, camping, field trails for dogs,
wildlife preserves, archery, tennis, ice skating, bird watching, ecology,
nature classes, parks and playgrounds and other recreational uses
not inconsistent with the foregoing. In the C-R Zone, only tennis
courts, golf courses, miniature golf courses, commercial and noncommercial
swim club. These activities shall take place in designated areas only
and are subject to all other applicable regulations.
(4)
Lot, yard and height regulations: see Schedule 1.[3]
[3]
Editor's Note: Schedule 1, Schedule of Zone Districts, is included as an attachment to this chapter.
(5)
General provisions.
(a)
Suitable screening, landscaping or fencing shall be provided
along the boundaries of any outdoor athletic or recreation areas to
protect adjacent properties from physical damage, noise, excessive
light and to shield any adjacent area from the activities conducted
on such areas.
(b)
Improvements shall be designed to result in the minimal degradation
of a risk to unique or irreplaceable land types, historical or archaeological
areas and existing scenic and aesthetic attributes of the site.
F.
The district regulations for the DBD-1 Downtown Business District
shall be as follows:[4]
[Added 11-28-2007 by Ord. No. 07-20]
(1)
Purpose. The DBD-1 Downtown Business District is the core of Pompton
Lakes' downtown where pedestrian-oriented, regional, specialized shopping
opportunities in a downtown setting shall be encouraged. Uses which
are automobile-oriented, or which have low customer turnover on the
ground floor or which create gaps in retail store frontage shall be
discouraged, except that appropriate retail, office and residential
uses in mixed-used buildings shall be encouraged.
(2)
Principal permitted uses:
[Amended 9-5-2012 by Ord. No. 12-09]
(a)
Restaurants and eating and drinking establishments.
(b)
Drive-in or drive through uses are a permitted accessory use
where the Planning Board has determined that adequate and safe means
of traffic circulation exists to allow the drive-in or drive through
use.
(c)
Commercial recreation and entertainment facilities, such as
theaters, movie theaters, museums, galleries and amusement centers.
(d)
Retail sales and services.
(e)
Personal and business services.
(f)
Banks and other fiduciary institutions.
(g)
Package stores and taverns.
(h)
General, business and professional offices, including legal
offices, medical offices, physical therapists, finance, insurance
and real estate offices.
(i)
Artist studio, art center.
(j)
Fitness, health clubs, martial arts, gymnastic and yoga facilities.
(k)
Any and all licensed professional services, except those specifically
prohibited.
(3)
Permitted accessory uses. The following uses shall be permitted as
accessory uses in the DBD-1 Downtown Business District Zone:
(a)
Uses and structures that are customarily subordinate and incidental
to a principal permitted use.
(d)
Surface parking and parking decks, provided that they serve
uses expressly permitted in the DBD-1 Downtown Business District Zone.
A parking facility accessory to one use may be used for parking accessory
to other uses expressly permitted in the DBD-1 Zone.
(4)
Prohibited uses. The following uses shall be prohibited in the DBD-1
Downtown Business District Zone:
(a)
Drive-in or drive-through uses.
(b)
Gasoline filling stations, gasoline service stations, new and
used automobile sales, automobile rentals, repair establishments and
automobile washing establishments.
(c)
Sales, rental or repair of automobiles, motorcycles, boats,
trailers, lawn mowers, small gasoline or other liquid fuel engines.
(d)
Lumber or building material yards.
(e)
Manufacturing, research and development, wholesale trade or
warehouse establishments and bus and truck depots.
(f)
Storage establishments, including mini-storage warehouses.
(5)
Bulk requirements for principal buildings.
(a)
Minimum lot size: 5,000 square feet.
(b)
Minimum lot width: 50 feet.
(c)
Maximum height: three stories or 45 feet.
(d)
Minimum front yard setback: zero feet.
(e)
Minimum side yard: No side yards shall be required for buildings,
except that where a side yard is provided, such side yard shall be
a minimum of 10 feet. However, if the Board determines that additional
separation between buildings is needed for the adequate provision
of light, air, open space or access, a larger side yard setback may
be required.
(f)
Minimum rear yard: 10 feet, except that for buildings which
exceed 35 feet in height or for buildings which contain residential
units, a minimum rear yard setback of 15 feet and as large as 30 feet
may be required as determined by the Board, based on the provision
of adequate light, air and open space.
(g)
Maximum building coverage: 75%.
(6)
Requirements for parking areas and driveways.
(a)
No parking or accessory structures shall be permitted in front
yards. Surface parking areas shall be set back at least four feet
from side or rear property lines, although the Board may require such
additional distance from property lines to allow for appropriate fencing
and for landscaped screening where adjoining residential zones.
(b)
Underground and under-building parking is permitted, provided
that 60% of the street frontage is comprised of commercial building
space.
(c)
Accessory structures other than parking decks shall not exceed
one story or 15 feet in height, whichever is lesser, and shall be
set back at least four feet from side and rear property lines. Parking
decks shall be set back at least 15 feet from all property lines.
(d)
Provisions shall be made at the rear of all nonresidential buildings
for off-street loading and unloading, subject to Board review. Exceptions
may be granted for existing buildings where no such loading or unloading
is provided for or for new buildings where rear access from public
streets is not available.
(7)
Requirements for parking decks.
(a)
No parking decks shall have frontage on Wanaque Avenue.
(b)
No parking decks may exceed 35 feet in height.
(c)
A setback of at least 15 feet shall be provided from all property
lines. Within such setback areas, vegetative plantings shall be provided
to screen the deck from adjacent properties and from the public street.
(d)
The facade of the parking deck facing a public street or an
adjacent residential use or zone boundary shall have an architectural
finish in keeping with the commercial or residential character of
the surrounding area.
(8)
Requirements for outdoor cafes.
(a)
Outdoor cafes shall be permitted on sidewalks, plazas and courtyards,
provided pedestrian circulation or access to store entrances is not
impaired.
(b)
A minimum of five feet of sidewalk area must be free of any
sidewalk cafe feature or obstruction to allow for adequate pedestrian
circulation.
(c)
Planters, posts with ropes or other removable enclosures are
encouraged and shall be used as a way of defining the area occupied
by the cafe.
(d)
Extended awnings, colorful canopies or large umbrellas are also
recommended as a way of creating a festive environment for the area.
(e)
Outdoor establishments shall not be entitled to additional signage.
(f)
The operators of outdoor cafes shall be responsible for maintaining
a tidy appearance within the area of their activities.
(9)
Requirements for planned commercial developments.
(a)
Minimum parcel size: 20,000 square feet.
(b)
Minimum parcel width: 100 feet, at the front street line.
(c)
Maximum building height: four stories and 55 feet. Any development
exceeding 45 feet in height shall be required to incorporate a building
stepback on the front side of the building (at a point of 45 feet).
The stepback/height ratio is one foot for every two feet in building
height above 35 feet.
(d)
Setbacks. A planned commercial development is not required to
incorporate the setbacks requirements for principal uses in the DBD-1
District, so long as the design meets the approval of the Board. The
intent of this lessening of requirements is to encourage a creative
and comprehensive project design.
(e)
Parking. The development may integrate alternative parking arrangements
such as structured parking, underground parking or a shared parking
scenario to reduce the amount of surface parking.
(f)
Open space. A minimum of 20% of the planned commercial development
parcel shall be reserved as open space and shall be provided consistent
with the recommendations in the Pompton Lakes Master Plan. Open space
shall include floodplain areas, where appropriate, and newly created
public spaces, such as public plazas and areas for active and passive
recreation.
(g)
First floor requirement. For lots with frontage on Wanaque Avenue,
first floor uses within a planned commercial development shall contain
retail establishments, while permitted uses above the first floor
shall be for office or residential use.
G.
The district regulations for the DBD-2 Downtown Business District
shall be as follows:[5]
[Added 11-28-2007 by Ord. No. 07-20]
(1)
Purpose. The DBD-2 District is the area that surrounds the downtown
core, where building heights are slightly lower and a wider variety
of both local and regional shopping opportunities which are both pedestrian
and automobile-oriented are encouraged. In this area, a greater mix
of uses on both the ground floor and on the upper floors is encouraged.
(2)
Principal permitted uses:
(a)
All uses permitted in the DBD-1 District.
(b)
Shopping centers.
(c)
Garden centers and building supply establishments.
(d)
Educational or quasi-educational establishments, such as ballet
or dance schools, martial arts schools, nursery schools and business,
vocational or technical schools.
(e)
General, business and professional offices, including medical
offices, finance, insurance and real estate offices.
(f)
Residential dwelling units above the first floor.
(g)
Drive-in and drive-through uses.
(h)
Planned commercial development.
(3)
Permitted accessory uses. See accessory uses permitted in the DBD-1
District.
(4)
Prohibited uses. See prohibited uses in the DBD-1 District. Uses
prohibited in the DBD-1 District are also prohibited in the DBD-2
District, except otherwise noted as permitted principal or accessory
uses.
(5)
Bulk requirements for principal uses.
(a)
Minimum lot size: 10,000 square feet.
(b)
Minimum lot width: 60 feet.
(c)
Maximum height: two stories and 35 feet.
(d)
Minimum front yard: For lots with frontage on Wanaque Avenue,
the minimum front setback shall be five feet.
(e)
Minimum side yard: For lots with frontage on Wanaque Avenue,
no side yard shall be required for buildings, except that where a
side yard is provided, such side yard shall be a minimum of six feet.
(f)
Minimum rear yard: 35 feet.
(g)
Maximum building coverage: 65%.
(6)
Requirements for parking areas and driveways. See requirements for parking areas and driveways in the DBD-1 District, § 190-17F(6).
(7)
Requirements for parking decks. See requirements for parking decks and structures in DBD-1 District, § 190-17F(7).
(8)
Requirements for shopping centers.
(a)
Minimum tract area: five acres.
(b)
Lot frontage: Shopping centers shall be located on a lot with
frontage on Wanaque Avenue.
(c)
More than one principal building is permitted on a lot with
a shopping center.
(d)
Screening: All parking areas shall be screened from view from
residential areas or streets with adequate landscaping; provided,
however, that no screening shall be placed at any location which will
interfere with ingress and egress from the site.
(9)
Requirements for garden centers and building supply establishments.
(a)
Sufficient space shall be provided on the site for loading operations.
(b)
Loading areas and outdoor storage areas shall be set back at
least 25 feet from a residential zone boundary or an existing residential
use, and shall be separated from such areas by a buffer strip at least
15 feet in width with a screening at least six feet high comprised
of a berm, fence or evergreen vegetation or a combination thereof.
(c)
The facade of any building devoted to such uses which faces
the street shall have the appearance of a commercial or residential
building.
(10)
Requirements for planned commercial developments.
(a)
Minimum parcel size: 20,000 square feet.
(b)
Minimum parcel width: 100 feet, at the front street line.
(c)
Maximum building height: three stories and 45 feet.
(d)
Setbacks. A planned commercial development is not obliged to
incorporate the setback requirements for principal uses in the DBD-2
District, so long as the design meets the approval of the Board. The
intent of this lessening of requirements is to encourage a creative
and comprehensive project design.
(e)
Parking. The development may integrate alternative parking arrangements
such as structured parking, underground parking or a shared parking
scenario to reduce the amount of surface parking.
(f)
Open space. A minimum of 25% of the planned commercial development
parcel shall be reserved as open space and shall be provided consistent
with the recommendations in the Pompton Lakes Master Plan. Open space
shall include floodplain areas where appropriate, and newly created
public spaces, such as public plazas and areas for active and passive
recreation.
H.
The district regulations for the GWD Gateway District shall be as
follows:
[Added 11-28-2007 by Ord. No. 07-20]
(1)
Purpose. The Gateway District marks the entranceways into the Borough
of Pompton Lakes at two points along the Paterson Hamburg Turnpike.
The gateway areas are intended to offer a transition from the highway
commercial uses found in adjoining municipalities to the residential
areas within Pompton Lakes. Community-oriented commercial and retail
uses, professional office uses, and, where appropriate, multifamily
residential uses on the upper floors of buildings are encouraged in
this area in order to promote public convenience and accommodate visitors
using automotive, pedestrian or bicycle modes of transportation.
(2)
Principal permitted uses:
(a)
Restaurants and eating and drinking establishments, but excluding
drive-in or drive-through restaurants.
(b)
Retail sales and services.
(c)
Personal and business services.
(d)
Banks and other fiduciary institutions.
(e)
Package stores and taverns.
(f)
General, business and professional offices, including medical
offices, finance, insurance and real estate offices.
(g)
Educational or quasi-educational establishments, such as ballet
or dance schools, martial arts schools, nursery schools and business,
vocational or technical schools.
(h)
Municipal, county, state and federal government offices.
(i)
Residential dwelling units on stories above the first floor.
(j)
Parking decks.
(k)
Gasoline filling stations, gasoline service stations, automobile
service and repair garages.
(3)
Permitted accessory uses. The following uses shall be permitted as
accessory uses in the Gateway District Zone:
(a)
Uses and structures that are customarily subordinate and incidental
to a principal permitted use.
(c)
Off-street parking, surface parking and parking decks of up
to two stories in height, provided that they serve uses expressly
permitted in the Gateway District. A parking facility accessory to
one use may be used for parking accessory to other uses expressly
permitted in the Gateway District.
(4)
Prohibited uses. The following uses shall be prohibited in the Gateway
District:
(5)
Bulk requirements for principal buildings.
(a)
Minimum lot size: 10,000 square feet.
(b)
Minimum lot width: 60 feet.
(c)
Maximum height: three stories or 45 feet, whichever is less.
(d)
Minimum front yard setback: zero feet. No building shall be
set back further than the greater setback of buildings on the adjoining
lots.
(e)
Minimum side yard: The combined side yard shall be a minimum
of 25 feet and, where applicable, shall be wide enough to accommodate
a full-access driveway and vegetative buffering.
(f)
Minimum rear yard: 35 feet.
(g)
Maximum building coverage: 35%.
(6)
Requirements for parking areas and driveways. See requirements for parking areas and driveways in DBD-1 District, § 190-17F(6).
(7)
Requirements for parking decks. See requirements for parking decks or structures in the DBD-1 District, § 190-17F(7).
(8)
Requirements for gasoline filling stations, gasoline service stations,
automobile service and repair garages. The following regulations shall
apply to automobile service stations, automobile repair services and
garages, public garages, filling stations, and/or gasoline service
stations:
(a)
Minimum lot size: 30,000 square feet.
(b)
Minimum frontage: 150 feet. In addition, if the Board finds
that the nature of the use proposed, either by virtue of scale, intensity
of use, hazard or other such consideration, is such that a larger
site is in the public interest, then it shall impose such additional
requirements.
(c)
Minimum setbacks. All gasoline pumps, air pumps, canopies and
the islands upon which pumps are normally located shall be set back
from the street line at least 35 feet and from any other property
line at least 50 feet.
(d)
Landscaping. The area along the front lot line, with the exception
of those areas required for ingress and egress, shall contain a minimum
of a six-foot-wide landscaped strip, defined by either a brick wall
two feet in height, and capped with a stone or cast stone slab, or
by an evergreen hedge of the same height. The landscaped area between
the edge of the property line and the brick wall shall be planted
with street trees no more than 30 feet on center.
(e)
The lot lines of such automobile oriented uses shall not be
located within 1,000 feet from any school offering courses of general
educational instruction, hospitals, churches or libraries and not
less than 2,000 feet from an existing auto repair or service station.
(f)
All storage areas, trash facilities, pits, lifts and working
areas shall be within a building. All lubrication, repair or similar
activities shall be performed in an enclosed building, and no dismantled
parts shall be placed outside.
(g)
A minimum space of 25 feet shall exist between any two islands.
(h)
No junked motor vehicle or part thereof and no unregistered
motor vehicle shall be permitted outside an enclosed service station
building. All parked motor vehicles, including employee's vehicles
and those awaiting repair, must be located in the side or rear yard
areas of the service station building, so as to not be visible from
the front or side street right-of-way.
(i)
Ingress and egress. Turning movements shall be designed and
coordinated with the access points required for nearby uses, frequency
of intersecting side streets, minimizing left turns off collector
and arterial streets and maintaining building setbacks compatible
with the required setbacks and landscaping.
(j)
Screening. All public garages and gasoline service stations
shall be screened from adjacent properties by a buffer area not less
than five feet in width composed of densely planted evergreen shrubbery
and fencing. Such buffer screen shall have a minimum height of six
feet above finished grades. The materials used shall be in keeping
with the character of the adjacent area and be maintained and replaced
as required.
I.
The district regulations for the CBR Cannonball Road District shall
be as follows:
[Added 11-28-2007 by Ord. No. 07-20]
(1)
Purpose. The Cannonball Road CBR District is the direct travel route
between the Borough's downtown district and the hybrid industrial
district. Commercial, retail, office and second-story residential
uses are permitted. The intent of this district is to encourage revitalization
of the area, through improved building and setback design and future
widening of the road to accommodate increased traffic and streetscape
improvements (i.e., sidewalks and landscaping). Various light industrial,
manufacturing and warehousing uses are permitted if appropriately
screened and positioned within the lot.
[Amended 4-10-2019 by Ord. No. 19-13]
(2)
Principal permitted uses:
(a)
Light industry.
(b)
Business and professional offices, including medical offices,
finance, insurance and real estate offices.
(c)
Retail sales and services.
(d)
Personal and business services.
(e)
Restaurants and eating and drinking establishments, but excluding
drive-in or drive-through restaurants.
(f)
Package stores and taverns.
(g)
Educational or quasi-educational establishments, such as ballet
or dance schools, martial arts schools, nursery schools and business,
vocational or technical schools.
(h)
Public and private schools.
(i)
Board of Education uses.
(j)
Public utility facilities.
(k)
Municipal, county, state and federal government offices.
(l)
Residential units on stories above the first floor.
(m)
Automobile service and repair garages.
(n)
Planned commercial development.
(o)
Flex space.
(3)
Permitted accessory uses:
(a)
Uses and structures that are customarily subordinate and incidental
to a principal permitted use.
(c)
Off-street parking and surface parking, provided that they serve
uses expressly permitted in the district. A parking facility accessory
to one use may be used for parking accessory to other uses expressly
permitted in the CBR District.
(5)
Bulk requirements.
(a)
Minimum lot size: 10,000 square feet.
(b)
Minimum lot width: 75 feet.
(c)
Maximum height: two stories or 25 feet, whichever is less.
(d)
Minimum front yard setback: 25 feet.
(e)
Minimum side yard: There shall be two side yards, where one
shall be a minimum of 15 feet and the other shall be at least five
feet.
(f)
Minimum rear yard: 25 feet.
(g)
Maximum building coverage: 35%.
(h)
Maximum impervious coverage: 50%.
(6)
Requirements for parking areas and driveways. See requirements for parking areas and driveways in the DBD-1 District, § 190-17F(6).
(7)
Requirements for flex space.
(a)
Minimum lot area: one acre.
(b)
Minimum lot width at building line: 100 feet.
(c)
Minimum front yard: 50 feet.
(e)
At least 10% of the total floor area shall be for office use,
with the remaining floor area as warehouse or light industry.
(f)
Accessory structures shall be subject to all the same siting
requirements as principal buildings.
(h)
Parking requirements for flex space. In any flex space or mixed-use
building, the total off-street parking and loading to be constructed
shall be the sum required for the component uses as measured by the
gross floor area devoted to each use. Hallways, bathrooms, elevators
and similar common elements shall either be assigned to the most intense
use they abut or shall be calculated as if part of an office use.
(8)
Requirements for planned commercial developments.
(a)
Minimum parcel size: two acres.
(b)
Minimum parcel width: 100 feet, at the front street line.
(d)
Setbacks. The location and placement of buildings may vary from
that otherwise required for principal buildings in the CBR District;
however:
(e)
Parking. The development may integrate alternative parking arrangements
such as structured parking, underground parking or a shared parking
scenario to reduce the amount of surface parking.
(f)
Open space. A minimum of 45% of the planned commercial development
must be reserved as open space.
(g)
Along all boundaries of the planned commercial development not
abutting a public street, the project must provide a transition landscaped
strip of at least 5% of the lot depth or 25 feet, whichever is less.
(h)
A minimum of a ten-foot transitional landscaped buffer shall
be provided where the planned development abuts a residential property.
(i)
At least 10% of the floor area of a planned commercial development
shall be for commercial use, such as retail or office space.
J.
The district regulations for the HI Hybrid Industrial District shall
be as follows:
[Added 11-28-2007 by Ord. No. 07-20; amended 4-10-2019 by Ord. No. 19-13]
(1)
Purpose. The purpose of the Hybrid Industrial District is to provide
a unique zone where a mix of compatible industrial and commercial
uses could be comprehensively planned for in a common setting. The
intent of this zone is to provide flexibility, promote cohesive site
and building design, coordinate amenities and shared civic spaces,
and protect and preserve environmentally sensitive areas within the
district.
(2)
Comprehensive planning and design. All sections or phases shall be
developed in accordance with a general development plan (GDP) for
the overall development of the property as approved by the Planning
Board and subject to the requirements for general development plans
set forth by the Municipal Land Use Law.[6] Development successors in title, if any, shall be bound
by commitments made by this overall development plan.
[6]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(3)
Design standards. Application for a general development plan and subsequent development applications shall conform to the design standards provided in Article V of this Code. Where a particular project requires construction not covered in the design standards, the proposed design will be evaluated on the basis of normally accepted engineering and/or architectural design practices. In the case of non-construction-related items, the proposed design will be evaluated on the basis of normally accepted engineering, architectural and/or planning practices.
(4)
Permitted principal uses.
(a)
Light industry.
(b)
Research and development.
(c)
Flex space.
(d)
Storage establishments, including mini-storage warehouses.
(e)
General, business and professional offices.
(f)
Personal and business services.
(g)
Planned commercial development.
(h)
Artist and maker studios.
(i)
Microbreweries and distilleries.
(j)
Commercial recreation and entertainment facilities, including
galleries.
(k)
Fitness, health clubs, martial arts, gymnastic and yoga facilities.
(l)
Passive recreation.
(m)
Energy generation facilities.
(n)
Government uses.
(5)
Permitted accessory uses.
(a)
Restaurants.
(b)
Uses and structures that are customarily subordinate and incidental
to a principal permitted use.
(d)
Off-street parking and surface parking, provided that they serve
uses expressly permitted in the district. A parking facility accessory
to one use may be used for parking accessory to other uses expressly
permitted in the HI District.
(7)
Bulk requirements. Bulk requirements for the HI Hybrid Industrial
District shall be determined upon adoption of a general development
plan by the Planning Board.
(a)
Height. No building shall exceed a maximum of 60 feet in height.
(8)
Minimum buffer. The developer shall provide and maintain a buffer
area of not less than 50 feet from all external lot lines of the development.
The buffer area shall, to the extent possible, be kept in its natural
state where wooded. Where natural vegetation is sparse or nonexistent,
the area shall be supplemented and planted to provide a year-round
vegetation with indigenous, noninvasive species. The required buffer
area shall be included for the purpose of computing compliance with
the common open space and yard setbacks required as a condition of
any general development plan. Only the following uses shall be permitted
in a buffer area:
(9)
Open space. The general development plan shall provide a plan for
the maintenance and conservation of all open space. The amount, location
and purpose of the open space shall be defined in the plan.
(10)
Pedestrian and bicycle circulation. Bikeways and walking paths shall offer connectivity throughout the entire HI District. See § 190-21D(6).
K.
The district regulations for the R-1 Environmentally Sensitive District
shall be as follows:
[Added 11-28-2007 by Ord. No. 07-20]
(1)
Purpose. The intent of the R-1 District is to protect the area's
environmentally sensitive lands and, specifically, its steep slopes
and proximity to Lake Inez. Low-density residential development is
permitted in this district, so long as the impact of the proposed
development to the environment meets the requirements of this chapter
and the approval of the Board.
(3)
Permitted accessory uses and structures:
(5)
Bulk requirements.
(a)
Maximum density: 1.0 dwelling unit per 2.5 acres.
(b)
Maximum building height: 35 feet.
(d)
Single-family cluster development.
[1]
Minimum lot area: 20,000 square feet.
[2]
Minimum frontage: 70 feet.
[3]
Minimum width at setback line: 100 feet.
[4]
Minimum front setback: 25 feet.
[5]
Minimum side setback: 20 feet.
[6]
Minimum rear setback: 70 feet.
[7]
Maximum building coverage: 20%.
[8]
Minimum common open space area: 40% of the tract.
L.
R-9 Multifamily District.
[Added 9-23-2020 by Ord. No. 20-20]
(1)
Permitted Principal Uses and Densities. Properties in the R-9 Multifamily
District may be developed for townhouses or mid-rise flats at a maximum
density of 10 housing units per acre, exclusive of any state- or federally-designated
wetland or other wetland area confirmed by professional investigation
and any area containing slopes exceeding a grade of 15%, and subject
to other requirements and limitations as may be imposed by this chapter.
There shall be no restriction in this zone with regard to the designation
of occupancy by low- and moderate-income households.
(2)
Permitted Accessory Uses. The following accessory uses are permitted
in the R-9 Multifamily District:
(3)
Required Conditions. The following zoning standards shall apply to
development in the R-9 Multifamily District:
(4)
Minimum Distances Between Buildings. There shall be a minimum distance
between dwelling structures as provided in the following schedule:
|
Facade to Facade
|
Minimum Distance At Any Point
(feet)
|
|---|---|
|
Front facing front
|
60
|
|
Front facing rear
|
60
|
|
Front facing side
|
30*
|
|
Rear facing rear
|
60
|
|
Rear facing side
|
20*
|
|
Side facing side
|
20*
|
|
*NOTE: Not less than 50 feet if driveway is located between
buildings.
| |
(5)
Accessory buildings.
(a)
Setbacks. Accessory buildings shall meet the street and property
line setbacks of the principal building. Swimming pools, tennis courts
and other surfaced recreation facilities shall be at least 100 feet
from a residential property line and at least 50 feet from any other
property line.
(b)
Height. The maximum height of an accessory building shall be
16 feet. Clubhouses shall be governed by height limitations for principal
buildings.
(c)
Design. Architectural design and materials used in the construction
of accessory buildings shall conform to those used in the construction
of principal buildings.
(6)
Open Space and Recreation. Exclusive of internal roadways and parking
areas, there shall be provided a minimum of 30% of the entire tract
for common open space and facilities.
A.
Uses permitted.
(1)
Pursuant to P.L. 1975, Chapter 291,[1] the Planning Board may grant conditional uses as herein
permitted and regulated. Said conditional uses shall be limited to:
(a)
Public and private nonprofit schools.
(b)
Public utility facilities.
(c)
Churches.
(d)
Board of Education uses.
(e)
Profit-making private schools and trade schools.
[1]
Editor's Note: See N.J.S.A. 40:55-D-1 et seq.
(2)
Application for a permitted conditional use shall be made in accordance with procedures set forth in Article III of this chapter, and the Board shall act on the application in accordance with said procedures.
(3)
No conditional use shall be granted unless the same will not be detrimental
to the health, safety and general welfare of the Borough, is not likely
to involve unusual risks of traffic safety or traffic congestion and
is reasonably necessary for the convenience of the community. In reviewing
every application for a conditional use, the Board shall give reasonable
consideration to:
(a)
Character of the neighborhood.
(b)
Conservation of property values.
(c)
Health and safety of residents and workers on adjacent properties
in the surrounding neighborhood.
(d)
Potential congestion of vehicle traffic or creation of undue
hazard.
(e)
Adequacy of site access and traffic circulation on and adjacent
to the site.
(f)
Pedestrian safety.
(g)
Effect on the use and enjoyment of adjacent properties.
(h)
The nature and intensity of the use.
(i)
Adequacy of utility, drainage and other facilities.
(j)
Stated principals and objectives of this chapter and the Master
Plan of the Borough of Pompton Lakes.
(4)
In reviewing an application for any conditional use as herein provided,
the Board may impose such conditions and safeguards as it deems appropriate
with respect to, among other matters, the minimizing of traffic congestion
by appropriate arrangements of entrances and exits to assure public
safety. Requirements for conditional uses shall take precedence over
any regulations for the zone in which said use is located.
(5)
Where a conditional use is part of a mixed-use development, the conditions
of the conditional use shall be applied to that portion of the development
related to the conditional use.
B.
Conditional use requirements for permitted conditional uses shall
be as follows:
(1)
Nonprofit institutional uses. Certain nonprofit institutional uses
may be permitted as a conditional use. If said conditional uses are
located in any residential zone, they shall only be permitted after
the following requirements are met:
(a)
Public and private schools. Public schools covering any or all
grades prekindergarten through grade 12 and full-time private schools
covering any or all grades prekindergarten through grade 12 which
are operated by charitable, religious or eleemosynary organizations
to satisfy state-mandated educational requirements are permitted as
a conditional use in all zone districts, provided that said conditional
use shall meet all of the following requirements:
[1]
Charter. The application shall be accompanied by the existing
or proposed charter and bylaws of the organization and such other
materials as may be required to guarantee to the satisfaction of the
Board the following:
[a]
The organization is or will be a bona fide nonprofit
school organized for educational purposes and such other activities
normally carried on by such schools.
[b]
The organization has been granted exemption from
taxation under the laws of both the State of New Jersey and the United
States.
[c]
The organization will not engage in sales of products
or materials to the general public or otherwise engage in activities
normally carried on as a business or commercial activity, except that:
[i]
The premises may be made available on a rental
basis for meetings of other groups, private social functions and the
like.
[ii]
The organization may conduct intermittent commercial
activities open to the general public designed solely to raise funds
to support the purposes of the organization or for related or affiliated
organizations with charitable, educational or religious purposes,
provided that such activities are conducted inside of a building or
structure. Such activities shall only be permitted outside of a building
or structure under the authority of a special license granted by the
Borough Council of the Borough of Pompton Lakes, which shall contain
such conditions as are considered necessary for the public health,
safety and welfare. This subsection shall not prevent the organization
from hiring or otherwise engaging profit-making organizations to conduct
fund-raising activities, even though a portion of the funds raised
is taken by such profit-making organization as a fee.
[iii]
The sale of items, products or materials required
for the educational programs or welfare of the students, or accessory
to and having a relation to the activities conducted on the premises,
such as, but not limited to, books, art materials and school supplies,
or tickets for student activities, or other school related events,
or food for school lunches, are permitted on a continuous basis, provided
that such sales are conducted inside the building or structure.
[2]
Minimum lot size. The lot or site on which the proposed use
is to be located shall have a minimum area of 90,000 square feet,
plus an additional 45,000 square feet for every 100 pupils or portion
thereof of maximum capacity, and the lot or site shall have a minimum
street frontage of 225 feet.
[3]
Lot coverage. The coverage of the lot by buildings and structures
will not exceed 15%, and the total coverage of the lot by all buildings,
structures, sidewalks, parking areas, driveways, or other improvements,
shall not exceed 40% of the total area of the lot.
[4]
Setbacks.
[a]
Any building or structure shall be set back from
the front street line a distance not less than two feet of setback
for each one foot of building or structure height or shall conform
to the front yard setback requirements of the zone in which it is
located, whichever is greater.
[b]
Any building or structure shall be set back from
the side property lines a distance not less than two feet of setback
for each one foot of building or structure height or 40 feet, whichever
is greater.
[c]
Any building or structure shall be set back from
the rear property line a distance not less than two feet of setback
for each one foot of building or structure height or 50 feet, whichever
is greater.
[5]
Exclusions. This subsection is not intended to apply to part
time schools which are conducted as an adjunct or supplement to the
religious activities of a church, religious organization or place
of worship such as, but not limited to, Sunday schools, nursery schools,
catechism or Hebrew schools, adult education or the like, or as an
adjunct or supplement to the activities or programs of chartered membership
organizations, but is intended to apply to educational institutions,
whether or not operated in conjunction with religious organizations,
churches or places of worship, or chartered membership organizations
which are operated on a full-time basis which offer general academic
instruction or training in a skill, trade or vocation and which are
intended to fulfill state-mandated educational requirements.
(b)
Public utility facilities. Public utility facilities and uses
are permitted as a conditional use in all zone districts and shall
meet the following minimum requirements:
[1]
Proof of need. Proof shall be furnished that the proposed installation
in the specific location is necessary for the efficiency of the public
utility system and to the satisfactory and convenient provision of
service to the neighborhood in which the facility is to be located.
[2]
Building design. The design of any building or structure required
for such use shall conform to the general character of the area in
which the facility is to be located.
[3]
Fencing. Adequate fencing and landscaping shall be provided,
maintained and replaced as required.
[4]
Site requirements. The lot on which the facility is to be located
shall be sufficient in size to adequately accommodate the proposed
facility, together with any parking space required to serve the facility,
so that the total coverage of the lot by all buildings, sidewalks,
parking areas, driveways or other improvements does not exceed 50%
of the total area not within 25 feet of a property line, and shall
otherwise comply with all general requirements of this chapter concerning
parking areas. In addition, landscape plantings shall be provided
in sufficient quantity, location and height and maintained and replaced
as required, to preclude to the maximum extent possible the transmission
of headlight glare or other lighting to adjacent properties and to
preclude to the maximum extent possible the view of the parking area
from a public street.
[5]
Setbacks.
[a]
Any building or structure shall conform to the
front yard setback requirements for the zone in which it is located
or a distance equal to the height of the building, whichever is greater.
[b]
Any building or structure shall be set back from
the side property lines a distance not less than the height of the
structure or 25 feet, whichever is greater.
[c]
Any building or structure shall be set back from
the rear property line a distance not less than the height of the
structure or 50 feet, whichever is greater.
(c)
Churches. Churches and similar places of worship and rectories
or parish houses or convents of religious groups on the same tract
are permitted as a conditional use in all zone districts, provided
that said conditional uses shall meet all the following requirements:
[1]
Charter. The application shall be accompanied by the existing
or proposed Charter and bylaws of the organization and such other
material as may be required to guarantee to the satisfaction of the
Planning Board the following:
[a]
The organization is or will be a bona fide nonprofit
religious group organized primarily for the benefit of its membership
and such other activities normally carried on by religious groups.
[b]
The organization has been granted exemption from
taxation under the laws of both the State of New Jersey and the United
States.
[c]
The organization will not engage in sales of products
or materials to the general public or otherwise engage in activities
normally carried on as a business or commercial activity, except that:
[i]
The premises may be made available on a rental
basis for meetings of other groups, private social functions and the
like.
[ii]
The organization may conduct intermittent commercial
activities open to the general public designed solely to raise funds
to support the purposes of the organization or for related or affiliated
organizations with charitable, educational or religious purposes,
provided that such activities are conducted inside of a building or
structure. Such activities shall only be permitted outside of a building
or structure under the authority of a special license granted by the
Borough Council of the Borough of Pompton Lakes, which shall contain
such conditions as are considered necessary for the public health,
safety and welfare. This subsection shall not prevent the organization
from hiring or otherwise engaging profit-making organizations to conduct
fund-raising activities, even though a portion of the funds raised
is taken by such profit-making organization as a fee.
[iii]
Sale of religious articles or items having a
relation to the cultural or ethnic background of the members of the
faith are permitted on a continuous basis, provided that such sales
are conducted inside the building or structure.
[2]
Minimum lot size. The lot on which the proposed use is to be
located shall have a minimum area of 75,000 square feet, and shall
have a minimum street frontage of 225 feet.
[3]
Lot coverage. The coverage of the lot by all buildings, structures,
sidewalks, parking areas, driveways or other improvements shall not
exceed 50% of the total lot area.
[4]
Setbacks.
[a]
Any building or structure shall conform to the
front yard setback requirements for the zone in which it is located.
[b]
Any building or structure shall be set back from
the side property lines a distance not less than the height of the
structure or 25 feet, whichever is greater.
[c]
Any building or structure shall be set back from
the rear property line a distance not less than the height of the
structure or 50 feet, whichever is greater.
[5]
Exclusions. This subsection is not intended to apply to part-time
schools which are conducted as an adjunct or supplement to the religious
activities of a church, religious organization or place of worship,
such as, but not limited to, Sunday schools, nursery schools, catechism
or Hebrew schools, adult education and the like, be classified as
a mixed use as defined herein for the premises on which they are conducted.
(d)
Municipal uses. Municipal uses, other than parks, are permitted under
this subsection as a conditional use in all zones, provided that said
conditional uses shall meet all of the following requirements:
[1]
Lot coverage. The coverage of the lot by all buildings, structures,
sidewalks, parking areas, driveways or other improvements, shall not
exceed 50% of the total lot area.
[2]
Setbacks.
[a]
Any building or structure shall conform to the front yard setback
requirements for the zone in which it is located.
[b]
Any building or structure shall be set back from the side property
lines a distance not less than the height of the structure or 25 feet,
whichever is greater.
[c]
Any building or structure shall be set back from the rear property
line a distance not less than the height of the structure or 50 feet,
whichever is greater.
[3]
Off-street parking. Sufficient off-street parking space shall
be provided to ensure that the use will not cause parking on a public
street during the course of normal activities.
(e)
Board of Education uses. Pompton Lakes Board of Education uses,
other than schools are permitted under this subsection as a conditional
use in all zones, provided that said conditional uses shall meet all
of the following requirements:
[1]
Lot coverage. The coverage of the lot by all buildings and structures
shall not exceed 15% of the total lot area.
[2]
Setbacks.
[3]
Off-street parking. Sufficient off-street parking shall be provided
to ensure that the use will not cause parking on a public street during
the course of normal activities.
(2)
Public garage or gasoline service station. Public garages or gasoline
service stations are permitted as a conditional use in the B-1 Zone
as provided. Said conditional use shall meet all of the following
requirements:
(a)
Minimum lot size. The minimum lot area shall be 30,000 square
feet measured within 200 feet of the front street right-of-way line.
(b)
Frontage. Every lot shall have a minimum street frontage of
150 feet. In addition, if the Planning Board finds that the nature
of the particular use proposed, either by virtue of scale, intensity
of use, hazard or other such considerations is such that a larger
site is in the public interest, then it shall impose such additional
requirements.
(c)
Front yard. No pump island shall be closer to the front street
side line than 35 feet.
(d)
Coverage. The building coverage of the lot shall not exceed
20%.
(e)
Maximum height. No building height shall exceed one story or
35 feet.
(f)
Screening. All public garages and gasoline service stations
shall be screened from adjacent properties by a buffer area not less
than five feet in width composed of densely planted evergreen shrubbery,
soil fencing or a combination of both. Such buffer screen shall have
a minimum height of six feet above finished grades. The materials
used shall be in keeping with the character of the adjacent area and
be maintained and replaced as required.
(g)
Access. Entrance and exit driveways shall be limited to two
for each 150 feet of frontage. Such driveways shall not be less than
16 feet nor more than 24 feet in width, and at least 15 feet from
any adjoining property and at least 30 feet from the corner of any
intersecting public streets.
(h)
No area on the lot which is required for the movement of vehicles
in and about the buildings and facilities shall be used for complying
with the parking requirements of this subsection.
(i)
Outdoor display. Accessory goods for sale may be displayed out
of doors on the pump island end and the building island only and shall
be stored in a suitable rack or container.
(3)
Accessory housing option. Accessory apartments are permitted as a
conditional use in all single-family detached residential zone districts
subject to the following conditions:
(a)
The principal structure and any alterations thereto must retain
the appearance of a one-family residence, and the apartment and its
entrance must be designed accordingly.
(b)
Off-street parking must be provided in accordance with this
chapter.
(c)
The owner of the lot must reside in the primary or the accessory
dwelling unit.
(d)
A certificate of occupancy must be obtained for the apartment
and renewed each year. The owner must present an affidavit annually
providing that the circumstances under which the conditional use was
originally approved still exist.
(e)
One of the units must be occupied by a person age 55 or over.
(f)
The accessory unit must be at least 450 square feet, but in
no case shall said unit be larger than 25% of the principal dwelling
unit.
(g)
One of the units must be occupied by a family meeting the income
and eligibility requirements of § 190-17B(9), (10), (11)
and (12) of this chapter.
(h)
Approval for a dwelling conversion issued pursuant to this subsection
shall be subject to automatic revocation if:
[1]
The owner of the dwelling unit fails to file with the Borough
on or before January 31 of each year an affidavit certifying that
the dwelling units comply with the standards set forth above; or
[2]
Notwithstanding the filing of such affidavit, the Zoning Officer
finds that the units do not in fact comply with the aforesaid standards.
C.
General provisions for conditional uses.
(1)
More than two conditional uses on a lot. Whenever an application
for a conditional use is made to the Planning Board which in the opinion
of the Planning Board involves or could reasonably be anticipated
to involve more than one of the conditional uses as herein permitted
and regulated, the Planning Board shall apply the conditions and standards
for the use and location which will result in the largest lot size,
the smallest lot coverage by the building and, in total, the largest
front, side and rear yard setbacks, the greatest number of parking
spaces and the largest lot frontage. In applying these conditions
and standards to such mixed use, the Planning Board shall not be limited
to the conditions and standards of any one of the conditional uses
involved, but may apply a specific standard of condition for either
of any of the uses involved.
(2)
Mixed use of conditional use and nonconditional use on the same lot.
A combination of conditional uses and other uses shall be permitted
on the same lot in a particular zoning district only on the condition
that:
(3)
Part-time schools not a mixed use. It is not intended that part-time
schools which are conducted as an adjunct or supplement to the activities
of a church, religious organization or place of worship such as, but
not limited to, Sunday schools, nursery schools, catechism, Hebrew
schools, adult education and the like create a mixed use as defined
herein for the premises on which they are conducted.
(4)
Time frames for Planning Board action on conditional uses.
(a)
Action by the Planning Board shall be in accordance with the
provisions of N.J.S.A. 40:55D-1 et seq. 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 Secretary to the Board
or within such further time as may be consented to by the applicant.
(b)
The review by the Planning Board of a conditional use shall
include any required site plan review. The time period for action
by the Planning Board on conditional uses shall apply to such site
plan review. Failure of the Planning Board to act within the period
prescribed shall constitute approval of the application, and a certificate
of the Secretary to the Board as to the failure of the Planning Board
to act shall be issued on request of the applicant; and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval herein required and shall be so accepted by the county recording
officer for purposes of filing subdivision plats.
(c)
Whenever review or approval of the application by the County
Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A.
40: 27-6.3) in the case of a subdivision, or Section 8 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Municipal
Planning Board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the County Planning
Board or approval by the County Planning Board by its failure to report
thereon within the required time period.
(5)
Findings of fact for conditional uses. The Planning Board shall not
grant a permit for a conditional use unless it shall, in each specific
case, make specific written findings of fact directly based upon the
particular evidence presented to it that support the conclusion that:
(a)
The proposed conditional use complies with all the applicable
regulations of this chapter as to a conditional use.
(b)
The proposed use at the specified location will not impair the
welfare or convenience of the public.
(c)
The proposed conditional use will not cause undue depreciation
of property values in the neighborhood.
(d)
The location and size of the conditional use and the nature
and intensity of the operation will not dominate the immediate neighborhood
as to prevent the development and use of neighboring property in accordance
with the applicable zoning regulations. In determining the foregoing,
consideration shall be given to:
[1]
The location, nature and height of structures, walls and fences
on the site.
[2]
The nature and extent of landscaping and screening on the site.
[3]
The safety and convenience of vehicular and pedestrian access
and circulation to and within the site.
[4]
Anticipated volumes and destinations of traffic generated by
the proposed use.
(e)
The proposed conditional use is needed by the residents of the
Borough of Pompton Lakes and/or the State of New Jersey for their
convenience or general welfare and that this need cannot be reasonably
satisfied by any other means.
A.
Continuance of nonconforming uses or structures. Any nonconforming
use or structure which lawfully existed at the time of the passage
of this chapter may be continued, and any such existing nonconforming
building or structure may be reconstructed or structurally altered,
provided that it shall meet the requirements of this article.
B.
Alteration, extension or enlargement of nonconforming uses or structures.
Nonconforming uses or structures in all zone districts shall conform
to the following requirements:
(1)
Any structure or use of land which is nonconforming because of use
shall not be enlarged or extended in any manner whatsoever.
(2)
There shall be no structural alterations made to any nonconforming
building or structure that is nonconforming because of use. Structural
alterations may be made in a building which is nonconforming because
it fails to comply with height, area, yard, off-street parking or
other like requirements of this chapter, so long as the structural
alteration does not extend, enlarge or aggravate the nonconformance.
(3)
A nonconforming use changed or altered to a conforming use may not
thereafter be changed back to a nonconforming use, but nothing hereinbefore
stated shall prevent the strengthening or restoring to a safe and
lawful condition of any part of any building declared unsafe by the
Construction Official, the Chief of the Borough Fire Department or
the Borough Engineer.
(4)
In the event that there shall be a cessation of operation or occupancy of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed an abandonment of such nonconforming use. Any subsequent attempt to rely upon, exercise or reinstate such abandoned nonconforming use (the provisions of § 190-19A of this chapter notwithstanding) shall be presumptively deemed a violation of the terms of this chapter.
(5)
Nothing in this chapter shall require any change in plans, construction
or designated use of a structure or building if construction has been
started and diligently prosecuted at the time of the adoption of this
chapter.
(6)
Nothing in this chapter shall be construed as authorization for an
approval of the continuance of the use of a building, structure or
premises in violation of any zoning ordinances, rules or regulations
in effect immediately preceding the time of the effective date of
this chapter.
(7)
Any nonconforming use that is nonconforming because it fails to comply
with height, area, yard, off-street parking or other like requirements
of this chapter, shall not be changed or altered to enlarge the nonconformance.
C.
Restoration of existing buildings which are nonconforming because
of use. Nothing in this chapter shall prevent the restoration or continuance
of a nonconforming building or structure which is nonconforming because
of its use and which is partially destroyed by fire, explosion, act
of God or any public enemy or the like.
D.
Restoration of existing buildings which are nonconforming because
of reasons other than use. Nothing in this chapter shall prevent the
restoration or continuance of a nonconforming building or structure
which is nonconforming because it fails to comply with any height,
area, yard, off-street parking or other like requirements of this
chapter and which is partially destroyed by fire, explosion, act of
God or of any public enemy or the like; provided, however, that any
restoration of any such building or structure shall not extend, enlarge
or aggravate the previously existing nonconformance.
