[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]
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.
[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:
(c)
Connected street network.
(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 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.
(f)
Financial institutions (no drive-through).
(g)
Workshops for craftsmen (artists, carpenters, etc.) with a retail
component only.
(2)
Conditional uses.
(b)
Veterans, civic, and community clubs, subject to §
240-146.
(3)
Accessory uses.
(a)
Off-street parking and loading facilities, including parking
decks.
E. Lot, height and yard restrictions. See Chapter
240, Schedule X-2.
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 SURFACE
Any surface that does not meet the definition of an impervious
surface.
D. Uses.
(1)
Permitted uses.
(c)
Multifamily residential (above first floor).
(d)
Retail and service establishments, excluding automobile sales.
(f)
Financial institutions (no drive-through).
(g)
Workshops for craftsmen (artists, carpenters, etc.) with a retail
component only.
(2)
Conditional uses.
(b)
Veterans, civic, and community clubs, subject to §
240-146.
(3)
Accessory uses.
(a)
Off-street parking and loading facilities, including parking
decks.
E. Lot, height and yard restrictions. See Chapter
240, Schedule X-2.
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:
(c)
Connected street network.
(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 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.
(f)
Financial institutions (no drive through).
(g)
Workshops for craftsmen (artists, carpenters, etc.) with a retail
component only.
(2)
Conditional uses.
(b)
Veterans, civic, and community clubs, subject to §
240-146.
(3)
Accessory uses.
(a)
Off-street parking and loading facilities, including parking
decks.
E. Lot, height and yard restrictions. See Chapter
240, Schedule X-2.
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.