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.
[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.
DISTURBANCE
IMPERVIOUS SURFACE
REDEVELOPMENT
STEEP SLOPES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The placement of impervious surface, the exposure of movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
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.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
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:
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.
(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.
(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.
FLOOR AREA RATIO (FAR)
GROSS ACREAGE
GROSS FLOOR AREA
IMPERVIOUS SURFACE
LOT COVERAGE
NET ACREAGE
PERVIOUS COVERAGE
PERVIOUS SURFACE
Definitions. For purposes of this section only, the following definitions
shall apply:
The gross floor area of buildings or structures on a lot
divided by the gross total lot area.
The total land area of tax lots(s), including water bodies.
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.
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.
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).
The total land area of a tax lot, excluding water bodies.
The percentage of a lot covered by pervious surface(s).
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.
E.
[1]
Editor's Note: Schedule X-2 is included at the end of this chapter.
[Added 12-17-2012 by Ord. No. 1485-2012, 9-15-2014 by Ord. No. 1512-2014]
B.
Zone designations. This zone shall be designated as the Mixed-Use
District – 2 (MXD-2) Zone.
C.
FLOOR AREA RATIO (FAR)
GROSS ACREAGE
GROSS FLOOR AREA
IMPERVIOUS SURFACE
LOT COVERAGE
NET ACREAGE
PERVIOUS COVERAGE
PERVIOUS SURFACE
Definitions. For purposes of this section only, the following definitions
shall apply:
The gross floor area of buildings or structures on a lot
divided by the gross total lot area.
The total land area of tax lots(s), including water bodies.
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.
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.
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).
The total land area of a tax lot, excluding water bodies.
The percentage of a lot covered by pervious surface(s).
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.
E.
[1]
Editor's Note: Schedule X-2 is included at the end of this chapter.
[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.
(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.
FLOOR AREA RATIO (FAR)
GROSS ACREAGE
GROSS FLOOR AREA
IMPERVIOUS SURFACE
LOT COVERAGE
NET ACREAGE
PERVIOUS COVERAGE
PERVIOUS SURFACE
Definitions. For purposes of this section only, the following definitions
shall apply:
The gross floor area of building or structures on a lot divided
by the gross total lot area.
The total land area of tax lots(s), including water bodies.
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.
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.
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).
The total land area of a tax lot, excluding water bodies.
The percentage of a lot covered by pervious surface(s).
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.
E.
[1]
Editor's Note: Schedule X-2 is included at the end of this chapter.
[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.
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.
