City of Pleasantville, NJ Article X Design and Performance Standards

§ 300-51 Design standards.

A. For all development in the City of Pleasantville, unless otherwise addressed herein, departures from the design standards detailed in this Subsection A may be permitted at the discretion of the Planning Board or Zoning Board of Adjustment, as the case may be, via variance relief pursuant to N.J.S.A. 40:55D-70.

(1) Placement of structures.

(a) The predominant axes of all structures hereafter erected shall be either parallel or perpendicular to the axes of adjoining public or private streets.

(b) The front entrance to all structures shall face the street.

(c) Setbacks shall be clear, unoccupied and unobstructed horizontal distances between the vertical walls of a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines, and extending from grade to sky, except for the following permitted encroachments, provided that such encroachments are not located in a sight triangle and do not inhibit the free flow of traffic:

[Amended 6-5-2017 by Ord. No. 8-2017; 3-19-2018 by Ord. No. 2-2018]

	Element	Permitted Encroachment/Projection
		Front Yard1	Side Yard2	Rear Yard
	Windowsills, cornices, cantilevered roofs/roof eaves, flues, belt courses, leaders, pilasters, lintels, gutters and like and similar utilitarian features	Projecting not more than 12 inches from an exterior wall
	Open porches with or without structural roofs, awnings and canopies over same, and stairs leading thereto	Projecting not more than 70 inches based on a yard of 10 feet
		Where a yard is greater than 10 feet, such porches and steps may project beyond 70 inches at a ratio of:
		1 inch of additional projection for every 1 inch from the 10 feet benchmark		2 inches of additional projection for every 1 inches from the 10 feet benchmark
		Where a yard is less than 10 feet, such porches and steps shall be reduced below 70 inches at a ratio of:
		1 inch of projection for every 1 inch from the 10 feet benchmark		2 inches of projection for every 1 inch from the 10 feet benchmark
		The above notwithstanding, no porch or stairs shall be closer than 2 feet from any property line.
	Chimneys	Projecting not more than 30 inches from an exterior wall for a maximum width (i.e., distance parallel to such wall) of 48 inches
	Residential awnings, canopies and structural roofs	Projecting not more than the porch over which the awning or canopy is installed
	Commercial awnings, canopies and structural roofs	Projecting not more than 36 inches from the subject wall
	Flag/banner poles	No limit, provided that such poles are not located closer than 2 feet from any property line
	Fences	No limit, provided that fences are placed a minimum of 2 inches inside of the property line (See § 300-71 for additional regulations.)
	Landscaping, including statuary, arbors and trellises	No limit (See § 300-71 for additional regulations.)
	Bay windows and other ornamental architectural features	Projecting not more than 36 inches from the front/side wall, provided that the total of such projections do not exceed 33% of the horizontal distance of such wall
		And further provided that such projections shall be entirely within planes drawn from the main corners of the front/side facade of the building at an interior angle of not more than 23° from the wall in question (the intent being to minimize shadow effects on neighboring properties from projections at the corners of buildings)		And further provided that such projections shall be entirely within planes drawn from the main corners of the rear facade of the building
		Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, cornices, eaves, gutters and like and similar utilitarian features are not permitted encroachments under this subsection.
	Porte cocheres (front and side yards only), off-street parking areas and access drives thereto	No limit
	Residential driveways		Minimum 6 inches from the property line
	Signage	Subject to the provisions of § 300-57 through § 300-64, provided that no light standard is closer than 2 feet from any property line and that no light therefrom shall spill over to a neighboring property
	Lighting
	Pedestrian walkways, breezeways and atriums	No limit
	Bicycle racks, benches, trash receptacles and other street furniture	Provided that no such item be closer than 2 feet from any property line, and further provided that bicycle racks are installed such that no bicycle extends into the public right-of-way
		Provided that no such item be closer than 2 feet from any property line, and further provided that bicycle racks are installed such that no bicycle extends into the public right-of-way
	Balconies and terraces	Projecting not more than 48 inches from the front wall		Projecting not more than 36 inches from the side/rear wall
	Outdoor cafes, decks, patios, tables and other similar alfresco dining areas (collectively, "alfresco dining area"), provided that they are accessory to lawfully permitted restaurants, and further subject to the following:	No alfresco dining area shall be permitted at a restaurant that has not received a zoning permit or other land use approval and does not have a valid mercantile license from the City.
		Regardless of whether or not permitted indoors at the host restaurant, no service of an alcoholic beverage, whether supplied by the host restaurant or brought by the patron, shall be permitted unless approved by the New Jersey Division of Alcoholic Beverage Control, and confirmed by the City Clerk.
		Sidewalk cafes shall be permitted only in conjunction with and adjacent to an existing restaurant. A sidewalk cafe may extend onto the sidewalk in front of an adjacent business with the written consent of the property owner and the first floor business tenant if separate from the property owner. Once consent has been obtained, the Zoning Official will review and determine if permitted.
		Shall be set back not less than 2 feet from the property line of the adjacent parcel unless consent is obtained from adjacent property owner and business owner, if different, may be permitted to extend into the public right-of-way (sidewalk) provided that not less than 3 feet of accessible area remain for pedestrian circulation and further provided that a license and hold-harmless for any such extension is issued by the governing body in the case of a municipal right-of-way and by any other governmental agency having jurisdiction.
	Outdoor cafes, decks, patios, tables and other similar alfresco dining areas (collectively, "alfresco dining area"), provided that they are accessory to lawfully permitted restaurants, and further subject to the following:	The number of entrances to the alfresco dining area from the public right-of-way shall be limited to 1 entrance for every 40 feet of frontage. Such entrances may not be less than 4 feet nor more than 6 feet in width.
		Where paper/plastic tableware (plates, napkins, cups, utensils) is employed, 1 sufficiently sized trash and 1 sufficiently sized recycling receptacle, with lid, are required.
		Regardless of the type of service, standing bus-pans (jack stands) are prohibited.
		Only canopies, awnings or umbrellas which are anchored or adequately secured to the host restaurant or component(s) surface are permitted.
		Canopies and awnings may have removable side panels to protect patrons from the elements.
		No canopy or awning visible from a public right-of-way shall contain any advertising material or signage other than the name and/or logo of the host restaurant.
		Dinner music may be permitted during the hours of operation of the alfresco dining area if in compliance with the Code of Pleasantville and at the discretion of the Zoning Official.
		All tables, seating, planter boxes or components of an alfresco dining area shall be commercially available and uniform. Handmade elements may be permitted at the discretion of the Zoning Official, Planning Board, Zoning Board of Adjustment or Planning and Redevelopment Committee, as the case may be, upon inspection of same for durability, weight (wind resistance) and aesthetics.
	Outdoor cafes, decks, patios, tables and other similar alfresco dining areas (collectively, "alfresco dining area"), provided that they are accessory to lawfully permitted restaurants, and further subject to the following:	All elements or components of an alfresco dining area shall be removed from the area when the area is not open for business, whether by operator's choice, inclement weather or due to permitted hours of operation.
		Other than a single posted menu and a single "Hours of Operation" sign, no signage shall be permitted at any portion of an alfresco dining area. Such signs shall be no larger than 4 square feet and may be affixed to the building or planter box or be on an A-frame (sandwich board) or a stanchion. If on an A-frame or stanchion, such element shall not be located outside of the perimeter of the alfresco dining area.
		No alfresco dining area, or element or component thereof, may be used for the display or location of merchandise, advertising materials or vending machines.
		No alfresco dining area shall be permitted unless the operator thereof receives a mercantile license and zoning permit for such area.
		In addition to the requirements of Checklist B of § 300-77, the application for an alfresco dining area must contain: A site plan drawing indicating the maximum (outbound) boundary of the proposed alfresco dining area and the location of all elements of such area as required by this section, including planter boxes, tables and seating, canopy, etc., the number and locations of entrances to the alfresco dining area, all entrances to the host restaurant and the area(s) from where the alfresco dining area is to be serviced, catalogue graphics or photographs of the planter boxes, seating, canopy and all other elements proposed. Hours of operation and how service is to be rendered to all parts of the area.
	HVAC equipment		Provided that units are not located closer than 2 feet from any property line
	Recreational equipment		Provided that such no element is located closer than 2 feet from any property line
	Swimming and bathing pools		The edge of any bathing or swimming pool shall be located not closer than 10 feet to any property line other than a public right-of-way, in which case the pool shall be no closer than 20 feet from such right-of-way.
	Fire escapes or outside stairways		Projecting from an exterior wall not more than 36 inches
	Electric vehicle supply equipment		No owner or developer of a property in Pleasantville City shall install a private electric vehicle supply equipment in or adjacent to a vehicle right-of-way in such a way that private electric vehicle supply equipment is to be used from a vehicle parked in a public right-of-way and/or on-street parking space. The City of Pleasantville is authorized, pursuant to Chapter 278 of the City Ordinances, as amended, to designate on-street parking spaces for electric vehicle charging.

	NOTES:
	1	In the case of corner lots, such regulations apply whether or not such yards are primary or secondary frontages.
	2	In the case of corner lots, the regulations for front yards shall apply to a side yard abutting a street.

(2) Minimum distance between buildings.

(a) Buildings with a maximum building height above the lower of 2 1/2 stories or 35 feet: For principle structures located on the same lot, the minimum distance between walls containing openings for light and air shall be equal to 33% of the height of the tallest structure, but not less than the rear yard requirement applicable to the structure without expressed written permission from the Fire Official.

(b) For all other buildings: no building or structure shall be situated closer than 15 feet from an adjacent building or structure, whether on the same lot or adjacent lots.

B. For all principal structures in the City of Pleasantville. Departures from the design standards detailed in this subsection may be permitted at the discretion of the Planning Board, Zoning Board of Adjustment or Planning and Redevelopment Advisory Committee, as the case may be, via design waiver and not variance relief pursuant to N.J.S.A. 40:55D-70.

(1) Rooftop treatment.

(a) Unless otherwise specified herein, roofs shall be clad with approved roofing materials and shall be moderately pitched with dormers and cornices. Steeper roof pitches are encouraged. Colored, patterned shingle designs are encouraged.

(b) Where sloped roofs are not practicable and therefore flat roofs are necessary, and where such roofs are less than the maximum building height in the subject or immediately adjacent zoning district and therefore visible from taller buildings, whether present or prospective, including the rooftop decks of parking structures and decks and balconies when accessible as public open spaces, such roofs shall be treated with decorative roofing materials in order to create an aesthetic appearance from above. Alternatively, such rooftops may be aesthetically developed as pedestrian-accessible promenades, rooftop gardens and/or active or passive recreation areas as appropriate.

(c) Where said surfaces are pedestrian accessible, a minimum of 35% of the total exposed surface area shall be landscaped as roof gardens. Said treatment may or may not include live vegetation.

(d) The balance of all accessible flat roof surfaces shall be treated in such a way as to blend with the roof gardenscape in an aesthetically acceptable manner. Said areas shall be constructed of nonreflective material in order to secure an agreeable visual condition.

(e) Where said surfaces are not pedestrian accessible, surfaces shall be treated with nonreflective, decorative materials in order to secure an agreeable visual condition.

(f) Pergolas, trellises or other screening above parked vehicles is required where exposed flat roofs are used as parking decks and for mechanical and related items.

(2) Site work.

(a) Driveways.

[1] If asphalt:

[a] New paving (residential): Minimum thickness after rolling shall be two inches when placed upon a stable subbase. If subbase is not stable, a base of six inches of dense graded aggregate or recycled concrete aggregate, installed to industry standards, is required.

[b] Overlay (resurfacing) of existing residential asphalt driveways shall be a minimum thickness of two inches. All surface cracks or deteriorated subbase shall be repaired.

[2] If concrete (residential): Minimum thickness shall be four inches when placed upon a stable subbase. If subbase is not stable, a base of six inches of dense graded aggregate or recycled concrete aggregate, installed to industry standards, is required.

[3] Nonresidential: Nonresidential driveways shall utilize the requirements of this subsection as a minimum. Specific details shall be evaluated by the City or Board Engineer on a case-by-case basis in light of the type and weight of vehicles, frequency of crossing and other pertinent requirements of the subject use.

(b) Sidewalks: shall be Class "B" concrete, with a minimum thickness of four inches when placed upon a stable subbase. If subbase is not stable, a base of four inches to six inches of dense graded aggregate or recycled concrete aggregate, installed to industry standards, is required.

(c) Contractors shall be responsible for assessing all site conditions and determining appropriate treatment prior to commencement of work.

(d) Landscaping shall be in accordance with § 300-65 through § 300-70.

(e) Fencing and walls shall be in accordance with § 300-71.

(3) Treatment of structural surfaces. Structural surfaces shall generally be treated with nonreflective materials. Where reflective materials are utilized, the reflective surface shall not cause an adverse impact on surrounding uses, such as increasing the cooling loads of the structures upon which they reflect heat (and thereby causing visual discomfort or related effects).

(4) Exterior building architecture (Note: Form, materials, color, massing and detailing elements for building facades, windows, awnings, lighting, signage, etc.) shall coordinate design elements to achieve design harmony and continuity for all building elevations, both within a single structure and between separate structures.

(5) The entirety of all building elevations fronting a public right-of-way, regardless of building height, shall be considered a front yard and primary elevation, with facades and appurtenances treated accordingly.

(6) In order to create an attractive and inviting pedestrian-scaled environment, the entire first floor of a building's right-of-way frontage, with the exception of ground-floor garage entryways and exitways, shall be of a pedestrian scale and shall be devoted to active permitted principal or conditional uses, oriented to the right-of-way frontage, or shall be designed as a decorative streetscape with such treatment and features as may be required to provide a sense of excitement and vibrancy and to avoid an otherwise lifeless facade.

(a) Nonresidential and nonindustrial uses shall incorporate clear storefront glass to display the nature of the use within and produce an interesting pedestrian streetscape.

(b) In considering facade treatment, developers are encouraged to include a combination of rich detailing, texture, shadow lines and color.

(c) Regardless of location, such treatment for nonresidential development may include, but need not be limited to:

[1] Awnings and canopies.

[2] Coping, fascia, soffits and architectural filigree.

[3] Use of color, light and shadows.

[4] Building articulation.

[5] Signage.

[6] Other appropriate aesthetic features.

(7) In addition to such facade treatment, development shall include decorative streetscaping consisting of, but not limited to, landscaping and hardscaping, benches and other street furniture, decorative lighting (both pedestrian and architectural), statuary and other public art, and like and similar features which achieve the stated goal both during the day and nighttime hours, for the full 12 months of the year.

(8) Each individual use shall have its own entryway, which shall be independent from the host structure such that patrons may access such use without entering the larger structure. Such uses may additionally have access from the structure if desired. The frontages of such uses may either have identical designs to reinforce the building architecture or varied designs to express the individuality of the uses.

(9) Windows may be either typical commercial (large, single pane) or may be or provide the appearance of being double-hung traditional design (Note: multiple small panes separated by mullions. Such windows need not operate as traditional double hung windows.) at regular placement, including the side and rear elevations if visible from the public right-of-way. Bay, box and/or ornamental windows are permitted to maximize building aesthetics.

(10) Excessive runs of blank, unarticulated or unadorned exterior walls, defined as exterior walls with an uninterrupted horizontal run along a single plane of more than 50 l.f. and an uninterrupted vertical run of more than 24 l.f. shall be avoided, both at the pedestrian level and above. The intent of this regulation may be achieved via structural or ornamental treatment, including, but not limited to, combinations of horizontal and vertical building and roofline articulation, facade differentiation, generous use of doors and windows (faux or real), architectural detailing and ornamentation, and shall be employed to create an attractive and exciting design on all building facades.

(11) With the exception for residential sunrooms and greenhouses:

(a) Structural surfaces should be treated with nonreflective materials. Where reflective material are utilized, the reflective surface shall not cause an adverse impact on surrounding uses, such as increasing the cooling loads of the structures upon which they reflect heat (and thereby causing visual discomfort or related effects).

(b) Glass, metal or non-natural-looking material shall be limited to architectural elements or accent features in order to provide interest to the structure while maintaining an aesthetic appearance.

(c) The use of glass curtain wall construction is prohibited.

(12) Mechanical equipment and similar back-of-the-house functions, whether at grade or on the structure's roof, shall be appropriately screened so as to not be visible from the public right-of-way or an adjacent property.

(13) To the extent practicable, primary ingress and egress to the site shall be from a single curb cut along the front lot line, with additional egress points located at the side or rear lot lines.

(14) All vehicular ingress and egress points shall be clearly demarcated and controlled to ensure safe and efficient operation of the facility and to assure safe integration of automotive traffic with other vehicular and pedestrian traffic.

(15) Adequate lighting shall be provided for all parking, loading and vehicular and pedestrian circulation areas.

(16) Exterior building and site lighting shall be designed so that lighting is focused downward and shall be shielded or deflected away from adjacent land uses so that it does not create a glare upon adjacent land uses or public rights-of-way and does not obstruct or deter the visibility of drivers or pedestrians on or near the site. Such lighting shall provide for a minimum of 0.5 footcandle.

(17) Light standards shall be of an ornamental design and shall not exceed the lower of the height of the building the lighting is intended to service or 30 feet (measured from finished grade), except for the RSC Zoning District, wherein height shall not exceed 50 feet (measured from finished grade).

(18) Except as otherwise provided under § 300-57 through § 300-64, blinking or flashing lighting systems are prohibited.

(19) Exposed chimneys shall be clad with brick, organic or manufactured stone, stucco or other appropriate material.

(20) Colors shall be neutral, earthtone or traditional palates in order to provide a visual harmony with the surrounding natural or man-made environment. More vibrant colors may be used for accent purposes.

(21) While buildings may functionally have entrances on the side, rear or interior of the project, all buildings shall be designed to give the appearance that their primary (front) elevation faces the building's right-of-way frontage.

(22) The incorporation of awning and similar elements is encouraged.

(23) While buildings may be constructed on pilings, exterior foundation walls shall surround all buildings from grade to start of the siding material. Foundation walls, whether structural or not, shall be treated with latticework; brickwork; stucco or stucco-like material; organic or manufactured stone; split-faced block; or other appropriate materials to a height of two feet from finished grade; the intent being to prohibit bare, unsightly block at the foundation. Above two feet, foundations shall be finished with the same materials and in the same architectural fashion as the balance of the subject elevation.

(24) The use of dramatic corporate icons, architectural brand theming and outdoor theatrical lighting is encouraged at the upper levels of commercial structures or vertical (residential) development.

(25) Buildings with a maximum building height above the lower of 2 1/2 stories or 35 feet:

(a) With the exception of access drives, a minimum ten-foot-wide landscaped buffer shall be provided along all lot lines. Along the front lot line (Note: See definitions of "lot, corner," "lot depth," "lot frontage, primary," "lot frontage, secondary" and "lot line, front" for measurements related to corner lots.), such landscaping shall primarily consist of low-growing shrubs, flowering plants and similar vegetation, but may include deciduous trees if not located within any sight triangle required by § 300-47B. A more intense vegetative buffer, consisting of coniferous trees (at a minimum of 10 feet in height at time of planting and planted in double alternating rows), taller shrubs, berms and other appropriate elements, shall be required along the side and rear lot lines.

(b) All building elevations above grade level shall present the illusion of an active residential use (if such actual use is not practicable) or shall be heavily treated with architectural or ornamental elements so as to avoid a monolithic facade both during the day and nighttime hours, for the full 12 months of the year.

(c) It is the City's intention not to permit traditional, open parking decks wherein parked vehicles are visible to the public. Window-like cutouts and/or other architectural elements are required so as to resemble residential units while providing for garage ventilation as necessary.

C. Residential dwelling units in the form of apartments, including age-restricted housing for qualifying individuals other than nursing homes or related facilities. In addition to the provisions of § 300-51A and B herein, the following standards shall apply:

(1) Shall be limited to above-ground-floor permitted uses.

(2) Shall be functionally separated, by floor, by structural elements on a floor, and by dedicated entranceway, from the commercial or other uses within the building.

(3) Apartments shall contain not less than 800 square feet and have less than one bedroom and one bathroom (internal to the unit). Studio apartments are prohibited.

(4) Townhouses and garden apartments shall contain not less than 1,000 square feet.

(5) Access to all residential units and public areas shall be in accordance with the International Building Code and the Americans with Disabilities Act.

D. Central Business District. In addition to the provisions of § 300-51A, B and, as applicable, C herein, in order to accommodate parking for mid-block commercial establishments with no ability for side yard parking and no ability to access rear yard parking from the street, and to minimize curb cuts along heavily traveled rights-of-way, it is encouraged that rear yard parking lots be designed with and include cross-easements at the side lot lines to permit vehicle traffic from one lot to another.

E. Lakes Bay, Absecon Bay and the marine tidal marshes adjacent thereto. In addition to the provisions of § 300-51A, B and, as applicable, C herein, the following standards shall apply:

(1) The longest dimension of any structure abutting Lakes Bay, Absecon Bay and the marine tidal marshes adjacent thereto, and extending higher than 48 inches from grade, shall be oriented perpendicular to such features; provided, however, that the Planning Board, as part of the site plan/subdivision review process, may authorize the longest dimension structure to be oriented parallel to such features where justified as part of an energy conservation design for such structure.

(2) Subsection E(1) notwithstanding, in no event shall a structure built with its largest dimension parallel to Lakes Bay, Absecon Bay or the marine tidal marshes, as the case may be, be more than 250 feet in length along such features or extend over or through a natural or man-made wetland or drainage canal without the express authorization of NJDEP via a CAFRA and/or waterfront development permit.

F. Child-care centers shall be designed and include, in addition to the provisions of § 300-51A and B herein, the following standards shall apply:

(1) An appropriate porte-cochere area wherein enrolled children may be picked up or dropped off in a secured environment which is clearly separated from general street traffic. The appropriatenes" of such porte-cochere area shall be determined by the Planning Board or Zoning Board of Adjustment, as the case may be, within the context of the project concepts and description of project elements submitted;

(2) Dedicated on-site parking for all employees as well as one space for each four enrolled children in order to provide parking for parents wishing to observe the operations or meet with facility staff;

(3) The porte-cochere area, on-site parking areas and all pedestrian walkways and similar areas shall be lighted so that the property may be safely used during nondaylight hours. No light therefrom shall be directed off site;

(4) Dedicated, fenced, fully secured and age-appropriate lawn area for outdoor recreation space for enrolled children of various age groups. The appropriateness of such recreation space shall be determined by the Planning Board or Zoning Board of Adjustment, as the case may be, within the context of the project concepts and description of project elements submitted; and

(5) All elements so described shall comply with the Americans with Disabilities Act.

G. Automobile or watercraft sales through franchise dealers; automobile fueling stations (with or without automotive and/or marine engine, body or interior repair, which may or may not include convenience stores on premises); automated or manual car washes. In addition to the provisions of § 300-51A and B herein, the following standards shall apply:

(1) Except for gasoline or oil sales and the manual washing of inventoried vehicles, the servicing (repair) of vehicles shall be undertaken in fully enclosed structures.

(2) The outdoor storage of equipment or parts is prohibited. No vehicle, in whatever condition, may be stored out-of-doors for more than 10 consecutive days.

(3) All fuels shall be stored underground. Lubricants may be stored aboveground if fully enclosed in the principal structure.

(4) With the exception of access drives, a minimum ten-foot-wide landscaped buffer shall be provided along all lot lines. Along the front lot line (Note: See definitions of "lot, corner," "lot depth," "lot frontage, primary," "lot frontage, secondary" and "lot line, front" for measurements related to corner lots.), such landscaping shall primarily consist of low-growing shrubs, flowering plants and similar vegetation, but may include deciduous trees if not located within any sight triangle required by § 300-47B. A more intense vegetative buffer, consisting of coniferous trees (at a minimum of 10 feet in height at time of planting and planted in double alternating rows), taller shrubs, berms and other appropriate elements, shall be required along the side and rear lot lines.

H. Waterfront Residential Zoning District. In addition to the provisions of § 300-51A and, as applicable, B, and in order to provide for light, air and open space, to protect adjacent residential communities and natural resources while maximizing views, all structures in the WR Zoning District shall conform to the following building envelope regulations:

(1) That portion of a principal structure abutting a WR Zone boundary line and extending interior to the WR Zoning District for a distance of 25 feet from the zone boundary line: the lower of 2 1/2 stories or 35 feet.

(2) Thereafter, as development extends interior to the WB Zoning District, building height may increase at a ratio of one foot of building height for every two feet of horizontal distance until such structure reaches the lower of the building envelope established herein or 60 feet maximum building height.

I. Bayside Mixed-Use Zoning District. In addition to the provisions of § 300-51A, B and, as applicable, C herein, the following standards shall apply:

(1) In order to provide for light, air and open space, to protect adjacent residential communities and natural resources while maximizing views, all structures in the BMU Zoning District shall conform to the following building envelope regulations:

(a) That portion of a principal structure abutting the Franklin Boulevard BMU Zone boundary line and extending east for a distance of 25 feet from the Franklin Boulevard setback line: the lower of 2 1/2 stories or 35 feet.

(b) That portion of a principal structure abutting the Ingersoll Avenue BMU Zone boundary line and extending south for a distance of 25 feet from the Ingersoll Avenue setback line: the lower of 2 1/2 stories or 35 feet.

(c) That portion of a principal structure abutting the western BMU Zone boundary line north of Engersoll Avenue and extending east for a distance of 25 feet from the north of Engersoll Avenue setback line: the lower of 2 1/2 stories or 35 feet.

(d) That portion of a principal structure abutting the Milan Avenue BMU Zone boundary line and extending north for a distance of 25 feet from the north of Milan Avenue setback line: the lower of 2 1/2 stories or 35 feet.

(e) From the twenty-five-foot building height setbacks established under Subsection I(1)(a) through (d) above, a structure may increase in height as it extends east from Franklin Boulevard and the western BMU Zone boundary line north of Engersoll Avenue, south from Ingersoll Avenue and north from Milan Avenue, at a ratio of 1.5 feet of building height for every one foot of horizontal distance until such structure reaches the lower of the building envelope established herein or 150 feet maximum building height.

(f) For elevations not subject to the one foot to 1.5 feet ratio, building setbacks are required, at a minimum, between the sixty-foot and eighty-foot levels and between the one-hundred-foot and one-hundred-twenty-foot levels (provided the structure, or portion thereof, reaches such heights) on all building elevations. Specific setbacks are not dictated, but shall be appropriate to the architecture of the project. However, minimum setbacks equal to 66% of the rise to the next setback level is required. Such articulation need not be on the same horizontal plane and should be designed to provide differentiation and interest to the structure's massing.

(2) Where the exterior wall(s) of a building abut Milan Avenue, Ingersoll Avenue and the western BMU Zone boundary line north of Engersoll Avenue, the at-grade setback area shall be heavily landscaped and buffered.

§ 300-52 Performance standards.

A. Purpose.

(1) The intent of these regulations is to prevent land or structures, including those permitted by right or by special approval, from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable or hazardous condition and thereby adversely affect the surrounding area.

(2) Compliance with the requirements of this section shall not be interpreted as authorizing any practice or operation which would constitute a violation of any other provisions of this chapter or any other applicable law, ordinance, rule or regulation.

B. Application. All uses in all zoning districts shall conform in operation, location and construction to the performance standards herein specified.

(1) Fire and explosive hazards.

(a) All uses and operations involving the use, storage or handling of explosive or flammable matter shall be in compliance with the fire protection regulations of the City of Pleasantville as they exist or may hereafter be amended.

(b) No activities, other than approved demolition, involving the manufacture, storage or utilization of materials or products which decompose by detonation (i.e., explosives) shall be permitted, except that small quantities of chlorates, nitrates, perchorates, phosphorous and similar substances and compounds for use by industry, schools, government, laboratories or druggists may be permitted.

(c) The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products shall be authorized only by the approval of the Fire Chief.

(2) Glare.

(a) No use in any zoning district shall be operated so as to produce direct or sky-reflected glare or direct illumination across any lot line from a visible source of illumination of such intensity as to create a nuisance or traffic hazard or detract from the use or enjoyment of adjacent property.

(b) All permitted exterior lights, including signs, floodlights, parking lot lighting, streetlights and lighting necessary for the safety and protection of property, shall be made up of a light source and reflector so selected that, acting together, the light beam is controlled and not directed across any lot line.

(c) With the exception of streetlights:

[1] All exterior lighting fixtures within or adjacent to any residential zoning district shall be directed and shaded wherever necessary to prevent the intensity of light from exceeding 1/2 footcandle as measured at any residential property line.

[2] All exterior lighting fixtures within commercial or industrial districts shall be directed and shaded wherever necessary to prevent the intensity of light from exceeding one footcandle as measured at any lot line.

(d) Lighting of parking or loading areas shall, except for emergency or safety lighting, cease at or before the hour of 12:00 midnight whenever the distance from the nearest light to the nearest residence is less than 250 feet.

(e) Except as part of holiday decorations and as otherwise specifically permitted by this chapter, no exterior lights that blink or shine with an intermittent phase are permitted in any zoning district.

(3) Heat. No use or activity in any zoning district shall be so operated as to emit or transmit heat or heated air so as to be discernible at or beyond the property line of the lot on which it is located.

(4) Odorous matter.

(a) Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public, or which interfere unreasonably with the comfort of the public, shall be removed, stopped or so modified as to remove the odor.

(b) No continuous, frequent or repetitive emission of odors or odor-causing substances shall exceed the odor threshold at or beyond the lot line of the tract on which the odor emission is initiated. An odor emitted no more than 15 minutes in any one day shall not be deemed as continuous, frequent or repetitive within the meaning of these regulations.

(c) The odor threshold as herein referred to shall be determined by observation. In any case where the owner or operator of an odor-emitting use or activity disagrees with the enforcement officer, or where specific measurement of odor concentration is required, the method and procedures specified by the American Society for Testing and Materials, ASTM D 1391-57, entitled "Standard Method for Measuring Odors in Atmosphere," shall be used.

(d) Any process which may involve the creation or emission of odors which would be in violation of this subsection shall be provided with both a primary and a secondary safeguard system so that control will be maintained if the primary safeguard system fails.

(5) Radioactive materials. The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in conformance with:

(a) The applicable regulations of the Nuclear Regulatory Commission.

(b) The applicable regulations of any instrumentality of the State of New Jersey.

(6) Smoke, particulate matter and other air contaminants.

(a) No use or activity in any zoning district shall cause, create or allow the emission of air contaminants for more than three minutes in any one hour which, at or beyond the emission point, are as dark or darker in shade as that designated No. 1 on the Ringelmann Smoke Chart, as published by the United States Bureau of Mines.

(b) Open storage and open processing operations, including on-site transportation movements which are the source of wind-borne dust and other particulate matter or which involve dust or other particulate air-contaminant generating equipment, such as used in paint spraying; sand, gravel or concrete processing, storage or recycling; or sandblasting, shall be so conducted that dust and other particulated air contaminants so generated are not transported across the lot line of the tract on which the use is located.

§ 300-53 Solar energy systems.

A. Applicability.

(1) The regulations contained herein shall apply to solar energy systems intended for the provision of the electrical energy needs of the owner/operator of the system and/or the property on which the solar energy system is situated, and not for the generation of electricity for commercial purposes for resale, except that excess electricity not utilized for the use on the lot whereon said system is located may be introduced into the energy grid for credit under New Jersey's Net Metering and Interconnection Standards pursuant to N.J.A.C. 14:4-9.

(2) This section shall apply to roof-mounted solar energy systems only. Pole, tower or ground-mounted solar energy systems of any size shall require minor site plan approval pursuant to § 300-36E.

B. Solar energy systems shall only be permitted as indicated in § 300-22 through § 300-25.

C. Approvals.

(1) All solar energy systems shall require a zoning permit from the Zoning Officer and a building permit from the Construction Code Official prior to installation. Applications for a solar energy system shall include information demonstrating compliance with the provisions of this section.

(2) Approvals under Subsection C(1) shall apply to solar energy systems intended for use as detailed under § 300-53A(1).

(3) Solar energy systems not intended for use as detailed under § 300-53A(1) shall require approval by the Planning Board or Zoning Board of Adjustment, as the case may be. Solar energy systems not in conformance with any of the following regulations shall require variance approval by the Planning Board or Zoning Board of Adjustment.

(4) Submission requirements and procedures for zoning permit.

(a) Applications for a solar energy system shall be submitted to the Zoning Officer in accordance with § 300-34A.

(b) In addition to the requirements for a zoning permit pursuant to Checklist A and Checklist B of § 300-77, applications for the installation of a solar energy system shall be accompanied by the following documentation and plans, which shall contain sufficient information and appropriate detail for the Zoning Officer to make an informed decision on the application. The level of information required shall be determined by the Zoning Officer:

[1] Property lines and physical dimensions of the property.

[2] Locations, dimensions (including height) and types of existing major structures on the property.

[3] A sketch plan or survey which shall accurately depict the locations, dimensions and type of solar energy system proposed.

[4] All rights-of-way is contiguous with the subject property.

[5] Manufacturer specifications and/or "cut sheets" of the proposed solar energy system, certified by a New Jersey licensed professional engineer, including manufacturer and model.

[6] Notification of utility company for interconnection purposes.

(c) Applications for zoning permits for solar energy systems shall be accompanied by the required fee pursuant to § 300-9.

(d) The Zoning Officer shall review the application in accordance with § 300-34A and shall issue or deny an application for a zoning permit for a solar energy system within 10 days of the date on which the application is received.

(e) Once a zoning permit for a solar energy system is received, the applicant shall apply for a building permit under the rules, regulations and procedures established under N.J.A.C. 5:23.

(f) Expiration. A permit issued pursuant to this subsection shall expire if:

[1] The solar energy system is not installed and functioning within 24 months from the date the zoning permit is issued; or

[2] The solar energy system is out of service or otherwise unused for a continuous twelve-month period.

D. Design standards.

(1) Solar panels shall be permitted as a rooftop installation where permitted under § 300-22 through § 300-25.

(2) The structural, electrical and other pertinent elements of any solar energy system shall be designed by a New Jersey licensed professional engineer. Such design(s) shall be signed and sealed by said engineer, certifying that the design complies with all of the standards set forth for safety and stability in all applicable codes then in effect in the State of New Jersey as well as all provisions of this section.

(3) Solar panels shall not exceed a height of 12 inches from the surface of the roof on which they are affixed.

(4) In no event shall the rooftop placement of solar panels result in a total height, as defined in § 300-10, greater than 12 inches from the maximum building height for a principal building permitted in the zoning district in which they are located.

(5) Solar panels installed in a rooftop configuration shall be installed within the actual boundaries or edges of the roof area and cannot overhang any portion of the edge of roof.

(6) Installations must not interfere with any operation of any fixture protruding from the rooftop level as required by the International Building Code or other applicable codes.

(7) With the exception of the manufacturer's or installer's identification in accordance with § 300-53D(11)(b), appropriate warning signs and owner identification, no signage shall be posted, attached, affixed or otherwise installed on any component of a solar energy system. In no case shall any of the aforementioned permitted exceptions be visible from any property line.

(8) Ground-based interconnection cabinets and other mechanical equipment associated with and necessary for the operation of a solar energy system shall conform with all setback and coverage requirements for accessory structures in the zoning district where they are located. Such cabinets shall not exceed 120 square feet in area nor eight feet in height and shall be equipped with a lock.

(9) In addition to City approvals required under this chapter, the property owner/installer of the solar energy system must receive approvals from any outside agencies having jurisdiction over such systems prior to the installation.

(10) Utility notifications and interconnections.

(a) Solar energy systems that connect to the electric utility shall comply with New Jersey's Net Metering and Interconnection Standards for Class I renewable energy systems pursuant to N.J.A.C. 14:4-9.

(b) Labeling requirements. The interconnection cabinet of the solar energy system shall be posted with the following:

[1] A minimum of one "High Voltage" placard shall be posted at or near ground level.

[2] A second placard shall be posted at or near ground level informing:

[a] That batteries and storage cells are located therein;

[b] The maximum power output of the system;

[c] Nominal voltage and maximum current;

[d] Manufacturer's name, address and telephone number, serial number and model number; and

[e] Emergency and normal shutdown procedures.

[3] Similar signage shall be placed on the outside of the building, near the electrical meter, where an interconnection cabinet is located on the inside of a structure.

(c) Utility company notification.

[1] The Atlantic City Electric Company, its successors and assigns, and/or as designated by state authority, shall be notified, in writing, of any proposed interface to that company's grid prior to installation of a solar energy system and shall conform to any legislated requirements governing installations of solar energy systems so as to comply with the utility tariff specifications.

[2] Evidence of such notification shall be submitted to the City at time of application.

E. Construction and installation standards.

(1) Solar energy systems shall be constructed in accordance with the appropriate sections of the International Building Code, and any future amendments and/or revisions thereto.

(2) The installation of a solar energy system shall conform to the National Electric Code and shall be subject to, in perpetuity, any and all requirements for interconnection of the Atlantic City Electric Company, its successors and assigns, and/or as designated by state authority.

(3) Wires and cables at ground level shall be properly installed underground in accordance with the International Building Code.

(4) Wires and cables on a structure shall be properly installed so as to be hidden from view or otherwise treated in as aesthetically a manner as possible.

F. Violations and penalties.

(1) It is unlawful for any person to construct, install or operate a solar energy system other than in compliance with this subsection.

(2) Solar energy systems installed prior to the adoption of this chapter are exempt from the requirements of this subsection.

(3) Any person who fails to comply with any provision of this subsection shall be subject to enforcement and penalties as stipulated in § 300-8.

G. No easement created.

(1) The approval of a solar energy system shall not create any actual or inferred solar energy system easement against adjacent property and/or structure.

(2) The owner/operator of a solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to, higher than or otherwise impacting the subject solar energy system.

(3) The approval of any solar energy system granted under this subsection shall not create any future liability or infer any vested rights to the owner and/or operator of the solar energy system on the part of the City or by any other officer or employee thereof for any future claims against such approval that result from reliance on this subsection or any administrative decision lawfully made thereunder.