A. 
Every principal building shall be built upon a lot with usable frontage upon a street or streets, as defined in N.J.S.A. 40:55D-7, and shall be improved to meet the Borough's standards or accepted by the Borough.
B. 
The minimum lot width shall be measured at the required front yard setback line. However, in cases of irregularly shaped lots whose sides are not parallel, the lot width may be measured at either the required front yard setback or front lot line, as follows:
(1) 
In cases of irregularly shaped lots whose sides are not parallel and the lot width is measured at the required front yard setback, the street frontage shall not be less than 60% of the minimum lot width required, provided that the lot width measured at the front yard setback line shall conform to the minimum width specified in the zoning schedule for the district in which the lot is contained.
(2) 
In cases of irregularly shaped lots whose sides are not parallel, the lot width may be measured at the front lot line, provided that the width of the lot measured at the required front yard setback line shall not be less that 85% of the required lot width measured at the front lot line.
C. 
Within any sight triangle, no grade, vegetation, sign or other object shall be allowed to exceed a height of 30 inches above the adjacent roadway or be placed in such manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. Said triangle shall be formed by the street lines of such lot and a line drawn between points along such street lines 25 feet distant from their point of intersection.
D. 
Where a single lot under individual ownership extends from one street to another, defined herein as a "through lot," both frontages shall be subject to the front yard requirements of this chapter.
A. 
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building.
B. 
The sketch maps in the Appendix illustrate the delineation of the yards for measurement purposes regarding corner lots and other lots.[1] Corner lots shall have two front yards for measurement purposes; provided, however, that the front yard setback requirement may be reduced by five feet along one front yard. The determination as to which front yard setback may be reduced shall be at the discretion of the applicant. 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 district in which the lot is located.
[1]
Editor's Note: The sketch maps are on file in the Borough offices.
C. 
All front yards must face upon a dedicated public street, provided 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 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 Edgewater, shall have a front yard setback measured from the nearest line shown on the Master Plan of the Borough of Edgewater.
D. 
Projections into required yards; general exceptions.
(1) 
The ordinary projection of parapets, windowsills, doorposts, rainwater leaders and similar ornamental or structural fixtures may project a maximum distance of eight inches into required yards.
(2) 
Front steps may project a maximum distance of four feet into a required yard.
[Amended 9-18-2006 by Ord. No. 1345-2006]
(3) 
Chimneys or flues may project a maximum distance of three feet into required yards.
(4) 
Patios and decks. Patios may be located in any required rear or side yard. Decks must meet the yard requirement of the principal building to which they are attached.
(5) 
Fences and walls may project into any required yard, subject to § 240-135 where applicable.[2]
[2]
Editor's Note: See § 240-137, Fences and walls.
[Amended 12-17-2012 by Ord. No. 1485-2012; 9-15-2014 by Ord. No. 1512-2014]
A landscape buffer area shall be provided along all external property lines, except for properties with frontage along the Hudson River where the applicant shall be required to install a riverfront walkway pursuant to this chapter. The following landscaping requirements shall apply:
Buffer From Adjacent Nonresidential Use
(feet)
Buffer From Residential Use
(feet)
R-3
10*
10*
R-4
15
20
R-5
15
25
MCRD
15
25
CBD
10
15
B-1
0
10
B-3
15
25
B-4
0
10
OR-1
15
25
MXD-1
10
10
MXD-2
10
10
MXD-3
10
10
NOTES:
*
Except for permitted one- and two-family residences in an R-3 Zone, where no buffer is required.
A. 
The landscape area shall provide a year-round visual screen to minimize adverse impacts from the site on adjacent properties.
B. 
If the landscape area is less than 10 feet wide, the applicant may be required to erect and landscape a six-foot-high stockade fence within the buffer area parallel to the lot line of the abutting residential lot.
C. 
The landscape areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Any screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one year or one growing season.
D. 
No structure, activity, storage of materials, driveways or parking of vehicles shall be permitted in the landscape area, except permitted signs as specified in the district regulations. Driveways may be permitted to bisect the landscape area only to provide direct vehicular access from the street into the lot.
E. 
Requirements for planting in landscape area.
(1) 
A solid and continuous landscaped screen shall be planted and maintained to conceal the parking and loading areas, eliminate the glare of vehicle lights throughout the year and camouflage the building from the abutting residential areas. The landscaped screen shall consist of evergreen trees, such as hemlock, Douglas fir, Norway spruce, etc. Evergreen trees shall not be less than eight feet high when planted, and the lowest branches shall be not more than one floor above the ground. In the event that the existing evergreen trees do not cover the required area from the ground, said landscaping screen shall be supplemented with evergreen shrubbery.
(2) 
In addition to the landscaped screen, shade trees shall be planted by the applicant at a distance of not more than 40 feet from each other.
(3) 
If the landscape area includes existing growth of evergreen and deciduous trees and shrubbery, but not enough to provide a suitable screen as required above, existing trees and shrubbery may remain and shall be supplemented by additional evergreen plantings to provide the required landscaped screen. In the event that the approving authority finds that additional plantings of evergreens will not grow satisfactorily in said buffer areas, a stockade fence(s) six feet high shall be erected in the buffer area.
F. 
The approving authority shall have the power to waive any of the requirements or details specified above if it determines an adequate buffer can be provided in less than the required width while maintaining the purposes of this section. The approving authority, when considering waiving any of the buffer requirements, shall review the proposed plat and the standards and purposes of this chapter and, to these ends, shall consider the location of buildings, parking areas, outdoor illumination and topographic features of the area, and existing features, such as trees and streams; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of screening and parking areas, structures and uses; and such other matters as may be found to have a material bearing on the above standards and objectives.
[Added 4-18-2011 by Ord. No. 1452-2011[1]]
A. 
Purpose. The purpose of this section is to regulate the intensity of use in areas of steeply sloping terrain in order to limit soil loss, erosion, excessive stormwater runoff, the degradation of surface water and to maintain the natural topography and drainage patterns of land.
B. 
Background. Disturbance of steep slopes results in accelerated erosion processes from stormwater runoff and the subsequent sedimentation of waterbodies with the associated degradation of water quality and loss of aquatic life support. Related effects include soil loss, changes in natural topography and drainage patterns, increased flooding potential, further fragmentation of forest and habitat areas, and compromised aesthetic values. It has become widely recognized that disturbance of steep slopes should be restricted or prevented based on the impact disturbance of steep slopes can have on water quality and quantity, and the environmental integrity of landscapes.
C. 
Applicability. This section shall be applicable to new development or land disturbance on a steep slope within Edgewater.
D. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DISTURBANCE
The placement of impervious surface, the exposure of movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
IMPERVIOUS SURFACE
Any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements.
REDEVELOPMENT
The construction of structures or improvements on areas which previously contained structures or other improvements.
STEEP SLOPES
Any slope equal to or greater than 20% as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less.
E. 
Designation of areas. The percent of slope (rise in feet per horizontal distance) shall be established by measurement of distance perpendicular to the contour of the slope. The percent of slope shall be calculated for each two-foot contour interval. For example, any location on the site where there is a one-foot rise over a ten-foot horizontal run constitutes a ten-percent slope; a one-and-one-half-foot rise over a ten-foot horizontal run constitutes a fifteen-percent slope; a two-foot rise over a ten-foot horizontal run constitutes a twenty-percent slope.
F. 
Steep slope limits.
(1) 
For steep slopes, any disturbance shall be prohibited except as provided below:
(a) 
Redevelopment within the limits of existing impervious surfaces; and
(b) 
New disturbance necessary to protect public health, safety or welfare, such as necessary linear development with no feasible alternative; to provide an environmental benefit, such as remediation of a contaminated site; to prevent extraordinary hardship on the property owner peculiar to the property; or to prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment. For example, redevelopment within the footprint of existing impervious cover should be allowed to support efforts to revitalize development that has fallen into disrepair.
(2) 
Conditions on permitted disturbances.
(a) 
Any permitted excavation, soil removal or disturbance of soil shall be consistent with the intent of this article and shall be executed in a manner that will not cause excessive erosion or other unstable conditions.
(b) 
Provision shall be made for any structures or protective measures that may be required for the protection of the public safety, including but not limited to retaining walls, headwalls, and fences.
(c) 
Provision shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions. Appropriate storm drainage facilities shall be constructed as deemed necessary and adequate protective measures shall be provided for downstream properties.
(d) 
The applicant shall demonstrate through site plans depicting proposed development and topography that new disturbance is not located in areas with a twenty-percent-or-greater slope.
G. 
Conflicts and severability.
(1) 
Conflicts: All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this section are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this section apply.
(2) 
Severability and interpretation:
(a) 
Interpretation: This section shall be so construed as not to conflict with any provision of New Jersey or Federal law.
(b) 
Notwithstanding that any provision of this section is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of Ordinance shall continue to be of full force and effect.
(3) 
The provisions of this section shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.
H. 
Enforcement, violation and penalties. A prompt investigation shall be made by the appropriate personnel of Edgewater of any persons or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this section is discovered, a civil action may be brought in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this section shall be construed to preclude the right of Edgewater, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any subsection of this section shall constitute a separate and distinct offense independent of the violation of any other subsection, or of any order issued pursuant to this section. Each day a violation continues shall be considered a separate offense.
[1]
Editor's Note: This section also repealed former § 240-116, Protection of critical slope areas.
A. 
General application. All nonresidential uses, either existing or proposed, shall be subject to the following standards.
B. 
Compliance with performance standards.
(1) 
Prior to commencement of construction and/or operation. Any application for a building permit or a certificate of occupancy for a use which shall be subject to performance standards shall be accompanied by a sworn statement by the owner of subject property that said use shall be operated in accordance with the performance standards set forth herein.
(2) 
Continued compliance. Continued compliance with performance standards shall be required, and enforcement of continued compliance with these performance standards shall be enforced by the Construction Official, Borough Engineer, Health Officer and Fire Prevention Bureau.
C. 
Determination where performance standards are to be measured. The location where determinations are to be made for measurement of performance standards shall be made as follows:
(1) 
At property lines of the use creating such element for vibration, glare, air pollution, odor, dust, water pollution or noise.
(2) 
At the point of emission for smoke.
D. 
Performance standards.
(1) 
Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in Subsection C herein.
(2) 
Glare. No direct or sky-reflected glare shall be visible at the points of measurement specified in Subsection C herein.
(3) 
Smoke.
(a) 
The emission standard of this chapter or as promulgated by the New Jersey Department of Environmental Protection, whichever is more restrictive, shall pertain.
(b) 
No emission shall be permitted, from any chimney or otherwise, of visible gray smoke at a shade equal to or darker than No. 1 on the Power's Micro-Ringelmann Chart published by McGraw Hill Publishing Company, Inc., copyright 1954, being a direct facsimile reduction of a standard Ringelmann Chart as issued by the United States Bureau of Mines.
(c) 
The provision of this subsection shall not apply to:
[1] 
Visible gray smoke of a shade not darker than No. 2 of said chart which may be emitted for not more than four minutes in any thirty-minute period.
[2] 
Smoke resulting from any fire ignited solely for the purpose of training or research in fire prevention or protection.
[3] 
Smoke from locomotives, the shade or appearance of which is equal to but not darker than No. 3 of the Power's Micro-Ringelmann Chart for a period or periods aggregating no more than 30 seconds in any three consecutive minutes, or smoke of said density for a period aggregating no more than four minutes in any 15 consecutive minutes when building a new fire.
[4] 
Household fireplaces.
(4) 
Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive as measured as set forth in Subsection C.
(5) 
Fly ash and dust. No emission of any fly ash or dust shall be permitted to be discharged from any stack, chimney or by other means into the open air in excess of the quantity set forth in regulations promulgated by the New Jersey Department of Environmental Protection.
(6) 
Noise. See Chapter 271, Noise, of the Code of the Borough of Edgewater.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(7) 
Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity. No activities shall be permitted where electrical disturbances adversely affect the operation of any equipment. All applicable federal and state regulations shall be complied with.
(8) 
Fire and explosion hazard.
(a) 
All activities involving storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of state and local laws and regulation shall also apply.
(b) 
All raw materials, fuels and finished products shall be stored in underground tanks. The storage of crude oil or any other volatile or inflammable liquid in aboveground tanks with individual capacity greater than 500 gallons is prohibited.
(9) 
Liquids or solid waste. There shall be no discharge of any wastes of any kind into any river, reservoir, pond or lake. The discharge of untreated wastes into any streams shall also be prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough and the New Jersey State Department of Environmental Protection.
[Added 12-17-2012 by Ord. No. 1485-2012, 9-15-2014 by Ord. No. 1512-2014]
A. 
Objectives.
(1) 
To allow for an expansion of the types of uses permitted in the area to encourage redevelopment.
(2) 
To promote a vibrant, pedestrian-friendly walkable environment, complete with retail and restaurant uses at ground level.
(3) 
To potentially allow for pedestrian-only access on nights and weekends.
(4) 
To create a cohesive development plan and community in conjunction with the current B-2 Shadyside District.
(5) 
To establish a district with a coordinated and aesthetically attractive composition of building facades.
(6) 
To establish economic anchors to draw steady crowds, create an active street life and encourage spinoff businesses.
(7) 
Elements to be considered:
(a) 
Dense/compact form.
(b) 
Pedestrian-oriented.
(c) 
Connected street network.
(d) 
Well-defined edge.
(e) 
Municipal anchors.
(f) 
Economic anchors.
(g) 
Mixed-use development.
(h) 
Quality urban spaces.
(8) 
Develop contextual design standards that ensure that the new development responds to the traditional architectural styles of the community:
(a) 
Adopt illustrative design standards.
(b) 
Illustrate both building design and site design.
(c) 
Address building type and architectural elements.
(d) 
Address streetscape (proportions, roof types, pitches and materials).
(e) 
Review setback and height restrictions.
(f) 
Create height-to-width standards.
B. 
Zone designations. This zone shall be designated as the Mixed-Use District – 1 (MXD-1) Zone.
C. 
Definitions. For purposes of this section only, the following definitions shall apply:
FLOOR AREA RATIO (FAR)
The gross floor area of buildings or structures on a lot divided by the gross total lot area.
GROSS ACREAGE
The total land area of tax lots(s), including water bodies.
GROSS FLOOR AREA
The sum of the gross horizontal areas of all enclosed floors of a building, including cellars, basements, mezzanines, penthouses, corridors, and lobbies from the exterior face of the exterior walls or from the center line of a common wall separating two buildings, but excluding any space with floor-to-ceiling height of less than six feet six inches. This does not include balconies, terraces or roofs. In determining the gross floor area, any floor space that is constructed or intended to be used solely for parking motor vehicles, for loading or unloading of motor vehicles, or for refuse storage chambers, refuse storage and material recovery chambers, material recovery chambers, refuse storage and material recovery rooms, refuse chutes, other types of facilities provided for the separation of refuse, or for access facilities for telecommunications and broadcasting services, or occupied solely by machinery or equipment for any lift, air-conditioning or heating system or any similar service, shall be excluded from the gross floor area of a building.
IMPERVIOUS SURFACE
A surface that has a coefficient of runoff of 0.75 or greater. No more than 50% of graveled areas shall be permitted to be applied as a pervious surface.
LOT COVERAGE
The portion of a lot that is covered by impervious surface. A green roof on any building or garage structure that provides adequate vegetation and passive recreation use for the occupants may be counted as pervious coverage at 75% (i.e., 100 square feet of a "green" roof would count as 75 square feet of pervious ground surface).
NET ACREAGE
The total land area of a tax lot, excluding water bodies.
PERVIOUS COVERAGE
The percentage of a lot covered by pervious surface(s).
PERVIOUS SURFACE
Any surface that does not meet the definition of an impervious surface.
D. 
Uses.
(1) 
Permitted uses.
(a) 
Hotels (above first floor).
(b) 
Office (above first floor).
(c) 
Multifamily residential (above first floor).
(d) 
Retail and service establishments, excluding automobile sales.
(e) 
Restaurants.
(f) 
Financial institutions (no drive-through).
(g) 
Workshops for craftsmen (artists, carpenters, etc.) with a retail component only.
(h) 
Child-care centers.
(i) 
Real estate offices.
(2) 
Conditional uses.
(a) 
Essential services, subject to § 240-142.
(b) 
Veterans, civic, and community clubs, subject to § 240-146.
(3) 
Accessory uses.
(a) 
Off-street parking and loading facilities, including parking decks.
(b) 
Signs.
(c) 
Fences.
(d) 
Child-care centers, subject to § 240-140.
E. 
Lot, height and yard restrictions. See Chapter 240, Schedule X-2.[1]
[1]
Editor's Note: Schedule X-2 is included at the end of this chapter.
F. 
Desired design standards. The same design standards set forth in § 240-130C are applicable to the MXD-1 Zone.
G. 
Signs. Signage shall be subject to the requirements of Article XVIII of this chapter.
H. 
Other provisions superseded. In the event of any inconsistency between the provisions of this section and any other section of Chapter 240, the provisions of this section shall prevail.
[Added 12-17-2012 by Ord. No. 1485-2012, 9-15-2014 by Ord. No. 1512-2014]
A. 
Objectives.
(1) 
To create high-end mixed-use buildings and structures.
(2) 
To attract larger businesses than were permitted under prior B-4 zoning regulations.
B. 
Zone designations. This zone shall be designated as the Mixed-Use District – 2 (MXD-2) Zone.
C. 
Definitions. For purposes of this section only, the following definitions shall apply:
FLOOR AREA RATIO (FAR)
The gross floor area of buildings or structures on a lot divided by the gross total lot area.
GROSS ACREAGE
The total land area of tax lots(s), including water bodies.
GROSS FLOOR AREA
The sum of the gross horizontal areas of all enclosed floors of a building, including cellars, basements, mezzanines, penthouses, corridors, and lobbies from the exterior face of the exterior walls or from the center line of a common wall separating two buildings, but excluding any space with floor-to-ceiling height of less than six feet six inches. This does not include balconies, terraces or roofs. In determining the gross floor area, any floor space that is constructed or intended to be used solely for parking motor vehicles, for loading or unloading of motor vehicles, or for refuse storage chambers, refuse storage and material recovery chambers, material recovery chambers, refuse storage and material recovery rooms, refuse chutes, other types of facilities provided for the separation of refuse, or for access facilities for telecommunications and broadcasting services, or occupied solely by machinery or equipment for any lift, air-conditioning or heating system or any similar service, shall be excluded from the gross floor area of a building.
IMPERVIOUS SURFACE
A surface that has a coefficient of runoff of 0.75 or greater. No more than 50% of graveled areas shall be permitted to be applied as a pervious surface.
LOT COVERAGE
The portion of a lot that is covered by impervious surface. A green roof on any building or garage structure that provides adequate vegetation and passive recreation use for the occupants may be counted as pervious coverage at 75% (i.e., 100 square feet of a "green" roof would count as 75 square feet of pervious ground surface).
NET ACREAGE
The total land area of a tax lot, excluding water bodies.
PERVIOUS COVERAGE
The percentage of a lot covered by pervious surface(s).
PERVIOUS SURFACE
Any surface that does not meet the definition of an impervious surface.
D. 
Uses.
(1) 
Permitted uses.
(a) 
Hotels.
(b) 
Office.
(c) 
Multifamily residential (above first floor).
(d) 
Retail and service establishments, excluding automobile sales.
(e) 
Restaurants.
(f) 
Financial institutions (no drive-through).
(g) 
Workshops for craftsmen (artists, carpenters, etc.) with a retail component only.
(h) 
Child-care centers.
(2) 
Conditional uses.
(a) 
Essential services, subject to § 240-142.
(b) 
Veterans, civic, and community clubs, subject to § 240-146.
(3) 
Accessory uses.
(a) 
Off-street parking and loading facilities, including parking decks.
(b) 
Signs.
(c) 
Fences.
(d) 
Child-care centers, subject to § 240-140.
E. 
Lot, height and yard restrictions. See Chapter 240, Schedule X-2.[1]
[1]
Editor's Note: Schedule X-2 is included at the end of this chapter.
F. 
Desired design standards. The same design standards set forth in § 240-130C are applicable to the MXD-1 Zone.
G. 
Signs. Signage shall be subject to the requirements of Article XVIII of this chapter.
H. 
Other provisions superseded. In the event of any inconsistency between the provisions of this section and any other section of Chapter 240, the provisions of this section shall prevail.
[Added 12-17-2012 by Ord. No. 1485-2012, 9-15-2014 by Ord. No. 1512-2014]
A. 
Objectives.
(1) 
To allow for an expansion of the types of uses permitted in the area to encourage redevelopment.
(2) 
To promote a vibrant, pedestrian-friendly walkable environment, complete with retail and restaurant uses at ground level.
(3) 
To potentially allow for pedestrian-only access on nights and weekends.
(4) 
To create a cohesive development plan and community in conjunction with the current B-2 Shadyside District.
(5) 
To establish a district with a coordinated and aesthetically attractive composition of building facades.
(6) 
To establish economic anchors to draw steady crowds, create an active street life and encourage spinoff businesses.
(7) 
Elements to be considered:
(a) 
Dense/compact form.
(b) 
Pedestrian-oriented.
(c) 
Connected street network.
(d) 
Well-defined edge.
(e) 
Municipal anchors.
(f) 
Economic anchors.
(g) 
Mixed-use development.
(h) 
Quality urban spaces.
(8) 
Develop contextual design standards that ensure that the new development responds to the traditional architectural styles of the community:
(a) 
Adopt illustrative design standards.
(b) 
Illustrate both building design and site design.
(c) 
Address building type and architectural elements.
(d) 
Address streetscape (proportions, roof types, pitches and materials).
(e) 
Review setback and height restrictions.
(f) 
Create height-to-width standards.
B. 
Zone designations. This zone shall be designated as the Mixed-Use District – 3 (MXD-3) Zone.
C. 
Definitions. For purposes of this section only, the following definitions shall apply:
FLOOR AREA RATIO (FAR)
The gross floor area of building or structures on a lot divided by the gross total lot area.
GROSS ACREAGE
The total land area of tax lots(s), including water bodies.
GROSS FLOOR AREA
The sum of the gross horizontal areas of all enclosed floors of a building, including cellars, basements, mezzanines, penthouses, corridors, and lobbies from the exterior face of the exterior walls or from the center line of a common wall separating two buildings, but excluding any space with floor-to-ceiling height of less than six feet six inches. This does not include balconies, terraces or roofs. In determining the gross floor area, any floor space that is constructed or intended to be used solely for parking motor vehicles, for loading or unloading of motor vehicles, or for refuse storage chambers, refuse storage and material recovery chambers, material recovery chambers, refuse storage and material recovery rooms, refuse chutes, other types of facilities provided for the separation of refuse, or for access facilities for telecommunications and broadcasting services, or occupied solely by machinery or equipment for any lift, air-conditioning or heating system or any similar service, shall be excluded from the gross floor area of a building.
IMPERVIOUS SURFACE
A surface that has a coefficient of runoff of 0.75 or greater. No more than 50% of graveled areas shall be permitted to be applied as a pervious surface.
LOT COVERAGE
The portion of a lot that is covered by impervious surface. A green roof on any building or garage structure that provides adequate vegetation and passive recreation use for the occupants may be counted as pervious coverage at 75% (i.e., 100 square feet of a "green" roof would count as 75 square feet of pervious ground surface).
NET ACREAGE
The total land area of a tax lot, excluding water bodies.
PERVIOUS COVERAGE
The percentage of a lot covered by pervious surface(s).
PERVIOUS SURFACE
Any surface that does not meet the definition of an impervious surface.
D. 
Uses.
(1) 
Permitted uses.
(a) 
Hotels (above first floor).
(b) 
Office (above first floor).
(c) 
Multifamily residential (above first floor).
(d) 
Retail and service establishments, excluding automobile sales.
(e) 
Restaurants.
(f) 
Financial institutions (no drive through).
(g) 
Workshops for craftsmen (artists, carpenters, etc.) with a retail component only.
(h) 
Child-care centers.
(i) 
Real estate offices.
(2) 
Conditional uses.
(a) 
Essential services, subject to § 240-142.
(b) 
Veterans, civic, and community clubs, subject to § 240-146.
(3) 
Accessory uses.
(a) 
Off-street parking and loading facilities, including parking decks.
(b) 
Signs.
(c) 
Fences.
(d) 
Child-care centers, subject to § 240-140.
E. 
Lot, height and yard restrictions. See Chapter 240, Schedule X-2.[1]
[1]
Editor's Note: Schedule X-2 is included at the end of this chapter.
F. 
Desired design standards. The same design standards set forth in § 240-130C are applicable to the MXD-3 Zone.
G. 
Signs. Signage shall be subject to the requirements of Article XVIII of this chapter.
H. 
Other provisions superseded. In the event of any inconsistency between the provisions of this section and any other section of Chapter 240, the provisions of this section shall prevail.
[Added 9-16-2008 by Ord. No. 1393-2008]
A. 
Temporary construction fence.
(1) 
Prior to the commencement of any site clearance, demolition, excavation or other construction activity, a developer shall erect a temporary construction fence along the entire boundary of the construction site. Wherever it is safe and practical to do so, the fence shall be located on the side of any existing sidewalk ("walkway") closest to the construction site, so as to preserve said walkway for public use during the period of construction activity.
(2) 
The temporary construction fence shall be eight feet in height and shall be constructed of nonclimbable, chain-link material.
(3) 
The temporary construction fence shall provide for gated access to the construction site, which gate shall remain closed except during working hours when construction activity is actively taking place, and the gate shall be padlocked at the close of the workday.
(4) 
The temporary construction fence shall be maintained in good condition until construction activity at the site is completed, at which time the fence shall be removed. A certificate of occupancy shall not be issued prior to removal of the construction fence.
(5) 
The temporary construction fence is authorized under this section for reasons of public safety, and the provisions in Chapter 240 of the Borough Code, § 240-137, Fences and walls, shall otherwise remain in full force and effect.
B. 
Pedestrian walkways.
(1) 
Wherever safe and feasible, all existing pedestrian walkways shall be preserved for continued public use during site clearance, demolition, excavation or other construction activity. The developer shall ensure that all pedestrian walkways in use are restored to good repair along the entire length of the construction site prior to commencement of any site clearance, demolition, excavation or other construction activity.
(2) 
Where there is no existing walkway along a property boundary which abuts a public is roadway, the developer shall install a walkway along the entire length of the construction site prior to commencement of any site clearance, demolition, excavation or other construction activity.
(3) 
The developer shall ensure that all pedestrian walkways measure at least four feet in width, are composed of a durable walking surface and otherwise conform to § 240-74 of the Borough Code, entitled "Sidewalks."
(4) 
The developer shall maintain all walkways in good repair throughout the course of construction. A certificate of occupancy shall not issue if a walkway is not in good repair at the time of the application.
C. 
Development review procedure.
(1) 
All applications for site plan approval and subdivision review shall provide that the requirements in this section regarding temporary construction fences and pedestrian walkways have been or will be complied with, as the case may be. Final approval of plans shall not be granted unless said plans contain drawings and provisions for a temporary construction fence and walkway(s) in accordance with this section.
(2) 
The Code section and title of this section shall be recited in every developer's agreement after the effective date of this section and the terms hereof incorporated therein and made a part thereof.
(3) 
The provisions of this section shall be applicable to every construction site in the Borough in which a certificate of occupancy has not been issued as of the effective date of this section, except as otherwise provided herein.
D. 
Enforcement. The Code Officer for the Borough shall issue a cease and desist order at any construction site failing to abide by the foregoing provisions for a temporary construction fence or a walkway until such time as there is full compliance with this section.