The maximum percentage of lot coverage by buildings or structures in required areas of front, rear and side yards and setbacks shall be as provided in Article VII for zones in which the lot is located.
The area required in a yard or setback shall be open and unobstructed,
except for the following:
A.
Driveways.
B.
Ordinary projections of windowsills and belt courses not to
extend more than four inches.
C.
Cornices and other ornamental fixtures not to extend more than
12 inches. Roof overhangs which shall not extend more than 24 inches.
D.
Ground-mounted air conditioners, provided that they are not
installed in the front yard and provided further that they do not
extend more than four feet into any side or rear yard and no closer
than seven feet to the property line. Any existing unit located in
the front yard may be replaced at its current location, provided that
the ground-mounted unit is screened by mature shrubbery. Rooftop air-conditioning/mechanical
units shall be screened from view.
E.
Generators (backup or standby) shall be located in the rear
or side yard of the main building or structure only, provided that
they do not extend more than five feet from the building or structure
and a minimum of 10 feet from any property line. The maximum decibel
level shall be 72 decibels at normal load, and test cycle shall only
be conducted Monday through Friday between 9:00 a.m. and 6:00 p.m.
F.
Accessory structures and uses meeting the requirements of this
chapter.
G.
Fences meeting the requirements of this chapter.
H.
Swimming pools and ponds meeting the requirements of this chapter.
I.
Front steps which do not extend farther than four feet, and
walkways.
A.
The yard lot coverage and lot area regulations required by this
chapter shall be considered minimum regulations for each and every
building or structure existing at the time of the effective date of
this chapter and for any building or structure hereafter erected.
B.
Adoption of this chapter shall have no effect upon lots which
were illegally or improperly subdivided without proper approval of
the Zoning Board of Adjustment or the Planning Board of the Borough
of Oradell. No owner of a lot or lots improperly subdivided shall
obtain greater rights by reason of the passage of this chapter than
that which that party already had prior to the adoption of this chapter.
A.
No building permit shall hereafter be issued for any dwelling
to be erected in a housing development consisting of two or more houses
if the dwelling to be erected is substantially alike or uniform in
exterior design and appearance with any existing dwelling situated
on the same or opposite sides of the street within 300 feet of the
dwelling then in existence or for which a building permit has been
issued or is pending. The distance herein specified shall be construed
to mean the distance between the street property lines of the respective
properties.
B.
Dwellings within such specified distances from each other shall
be considered alike or uniform in exterior design and appearance if
they have the following characteristics:
(1)
The same basic dimensions are used without substantial change
in orientation of the houses on the lots.
(2)
The height and design of the roofs are without substantial change
in design and appearance.
(3)
The size, type and location of windows and doors in the front
elevation are without substantial differentiation.
All accessory buildings shall be added to the principal buildings
in determining the percentage of coverage of the lands.
A.
Accessory structures shall be limited as follows:
(1)
The total of all accessory structures for one- and two-family
dwellings shall not exceed a total of 600 square feet.
(2)
A detached garage shall be limited to a maximum of 600 square
feet with a maximum height of 15 feet.
(3)
Any additional accessory structure shall be limited to a maximum
of 125 square feet with a maximum height of nine feet.
(4)
If there is more than one accessory structure on the property,
there shall be a minimum separation of 10 feet between accessory structures.
(5)
The lot shall be limited to a maximum of two accessory structures
where only one of them may be a shed or a garage.
(6)
Any detached subordinate structure(s) less than four feet in
height and a total of 10 square feet shall not be considered an accessory
structure.
(7)
There shall be a limit of three parking bay garages (combination
of detached and attached) on any one residential property.
(8)
All accessory structures shall require a zoning permit.
(9)
Any accessory structure 100 square feet or more shall require
a building permit.
B.
Location of accessory buildings as follows:
(1)
All accessory buildings shall be located in the rear yard as
follows:
(2)
An accessory building in all zones shall be at least 10 feet
(measured on a straight line) from any building situated on the same
lot.
(3)
At least two feet from all lot lines.
(4)
In the case of any interior lot fronting upon two or more streets,
no accessory building shall be erected or altered so as to encroach
either 25 feet or the minimum setback for the zone, whichever is greater,
upon that part of the lot depth nearest each street.
(5)
To determine the location of an accessory building in the case
of a corner lot fronting upon two or more streets, divide the lot
into four equal quarters. No accessory building shall be erected in
any quarter which adjoins a street.
(6)
Garages shall be at least five feet from all lot lines.
C.
Notwithstanding any other provisions of this chapter, no building
permit shall be granted for the construction of an accessory building
until such time as a building permit shall have been granted for the
construction of the main building upon said premises. If construction
of the main building does not precede or take place concurrently with
construction of the accessory building, the Construction Official
shall have cause to revoke the building permit for the accessory building.
No certificate of occupancy shall be granted for the accessory building
until a certificate of occupancy has been granted for the main building.
A.
Continuance of nonconforming use.
(1)
Any nonconforming use or structure lawfully existing on the
effective date of this chapter may be continued upon the premises
or the building so occupied or used.
(2)
Any lawful or nonconforming use subject to a condition or conditions
of limitation as to terms or duration may continue subject to such
condition or conditions or the end of the term or duration to which
said nonconforming use was subject.
B.
Restoration or repair on partial destruction.
(1)
Any nonconforming commercial and/or multifamily residential
use or structure existing as of the effective date of this chapter
may be restored or repaired in the event of partial destruction thereof,
provided that the estimated cost of repair or restoration does not
exceed 1/2 the actual value of the building, exclusive of foundations,
immediately prior to the destruction or damage.
(2)
Any nonconforming single-family residential use or structure
existing as of the effective date of this chapter may be restored
or repaired to its original predestruction exterior design at its
original location in the event of total or partial destruction.
(3)
In the event of partial destruction of a structure involved
in a nonconforming use, the owner and/or occupant shall, within 90
days after such event, give notice, in writing, to the Construction
Official of the Borough of Oradell, of his intention to restore or
repair the premises and, within 90 days after the date of said notice,
commence and diligently proceed to completion of the work.
C.
Extensions, enlargements and discontinuance.
(1)
No existing structure or premises devoted to a nonconforming
use as permitted by this chapter shall be enlarged, extended, reconstructed
or structurally altered unless such use is changed to a use permitted
in the district in which such building or premises is located.
(2)
No nonconforming use or structure which shall have been discontinued
or abandoned for a period exceeding 12 months shall be resumed.
(3)
Nothing contained in this chapter shall prohibit the modernization
of existing nonconforming structures; provided, however, that such
modernization does not entail any extension, enlargement, addition
or change of the nonconforming use.
(4)
No nonconforming building or structure shall be enlarged, extended
or increased. However, in residential zones, a nonconforming single-family
dwelling or a single-family dwelling on a nonconforming lot may be
enlarged, extended or increased if:
(a)
Said enlargement, extension or increase by itself
conforms with all requirements of this chapter, and the dimensions
and setback of said enlargement, extension or increase, when aggregated
with the existing building, does not create or increase any dimensional
or setback violation of this chapter; and
(b)
The area of said enlargement, extension or increase
does not exceed the maximum building or lot coverage standard or floor
area ratio permitted in that zone.
A.
No buildings or structures shall be erected on any lands abutting
the Hackensack River with a setback of less than 75 feet from the
high tide mark of the Hackensack River.
B.
The Planning Board shall review all site plans which involve
improvement on lands which are within 75 feet of the Hackensack River
with respect to finished grades, landscaping and treatment of the
riverbank and protection of the Hackensack River where certain projects
are to be constructed.
No goods, merchandise or other personal property, whether in
storage, in transit or available for sale or displayed for sale in
the usual course of trade or business, shall be maintained other than
within an enclosed building, except for the following which shall
be permitted:
A.
All lighting shall conform with the Illuminating Engineering
Society Handbook, most recent edition, and the American National Practice
for Roadway Lighting (RP-8) approved by the American Standards Institute,
recent edition.
B.
For specifications on light fixtures, see Oradell Development
Standards, Exhibit 98A-2113.
C.
The average maintained illumination and the average level-to-minimum
point ratio of illumination shall conform with the following:
|
Classification
|
Average Maintained Illumination
(footcandles)
|
Average Level to Minimum Point Ratio (:1)
| |
|---|---|---|---|
|
Interior streets (R)
|
0.4
|
8
| |
|
Access drives (R)
|
0.4
|
8
| |
|
Access drives (C)
|
0.6
|
6
| |
|
Parking areas (R)
|
0.4
|
6
| |
|
Parking areas (I)
|
0.6
|
4
| |
|
Intersections
|
1.0 to 2.0
|
4
| |
|
Sidewalks (R)
|
0.2
|
8
| |
|
Sidewalks (C)
|
0.6
|
6
| |
|
Sidewalks (I)
|
0.6
|
6
|
|
(R)
|
=
|
Residential
| |
|
(C)
|
=
|
Commercial
| |
|
(I)
|
=
|
Industrial
|
D.
The luminaire light distribution shall be designated as a "cutoff"
type.
E.
Mounting heights shall not exceed 14 feet above grade. Lower
heights shall be used for walkways.
F.
The source of light shall be metal halide, or other material
approved by the Planning Board.
G.
All luminaires shall be shielded to eliminate glare, especially
on any other property and public streets of the site. Lamps shall
be recessed in the luminaire.
H.
The maximum illumination at any point on adjacent properties
shall not exceed 0.2 footcandle.
I.
In business, office and/or research and industrial areas, circuits
shall be arranged so that at least 50% of all lighting (alternate
luminaires) shall be turned off after business hours, when only lights
necessary for security purposes shall be left on.
J.
The average maintained illumination for security purposes shall
be 0.4 footcandle.
K.
Provisions shall be made for "cutoff" illumination of loading
docks, entrances and other special areas where greater illumination
may be required. Each special area shall be on a separate circuit
which shall be turned off when the area is not in use.
L.
All wires and cable shall be underground.
M.
The lighting plan shall be designed by a professional lighting
designer, who shall certify that the lighting plan conforms with these
standards. A separate detailed lighting plan with luminaire manufacturer
details and illumination diagrams and specifications shall be submitted
to the Planning Board for review.
N.
The Planning Board may modify the above requirements where there
is sufficient evidence that said requirements are inapplicable, unnecessary
or unreasonable.
A.
It shall be unlawful for any person to alter, construct or install
a swimming pool or pond in the Borough of Oradell without first having
complied with the provisions of this chapter or having obtained a
permit therefor in the manner hereafter provided.
B.
Applications for such a permit shall be made to the Construction
Official and shall be accompanied by duplicate sets of the following:
(1)
Plans and specifications or proper descriptive brochures.
(2)
Plot plans showing property lines of the premises upon which
the swimming pool is to be constructed or installed should be prepared
and signed by a land surveyor or licensed engineer of the State of
New Jersey and should show accurately all existing houses and structures
thereon, abutting streets and properties, the location and dimensions
of the proposed pool and its auxiliary structures, including a description
of the enclosure or fence to be used. In addition, said plot plan
must show all existing and proposed elevations and methods of drainage
in and around the pool area.
C.
The Construction Official shall file the duplicate set of plans
and specifications with the Board of Health for public swimming pools
only, prior to the issuance of a permit.
E.
The Construction Official shall issue a permit for the construction
and installation of a swimming pool or pond if the same complies with
the regulations and standards established by this chapter and the
current New Jersey Uniform Construction Code.
F.
The Construction Official shall, within 20 days after receiving
an application for a permit, act upon the same as follows. He shall:
(1)
Approve the applications submitted and cause a permit to be
issued;
(2)
Require an amendment to the application to assure proper compliance
with the provisions of this chapter and then cause a permit to be
issued; or
(3)
Reject the application when it is determined that the permit
should not be issued. Appeal shall be available to the applicant pursuant
to § 240-4.8 if the rejection is based upon zoning consideration.
When a question of sanitation is involved, such appeal should be to
the Board of Health.
G.
No private swimming pools or ponds shall be constructed, installed,
located, maintained or operated on any premises unless a residence
building is also located thereon, or unless said premises is part
of a residence curtilage, and then only in the rear yard of said premises.
No private swimming pool shall be constructed, installed, located,
maintained or operated within 10 feet of any dwelling nor within 10
feet of the rear property line and 15 feet of any side line.
H.
No swimming pool or pond shall be permitted to drain into a
public street. A swimming pool drain shall be connected to the sanitary
sewer according to New Jersey regulations. However, any overflow water
from rain may be dispersed onto the owner's property.
I.
Whenever any swimming pool or pond, by reason of mechanical
defects or failure to comply with the requirements of this chapter,
is a hazard to the health of users thereof, the Health Officer may
summarily close such pool and keep such pool closed until no further
hazard to users of the same exists, subject to the right of appeal
to the Board of Health by the owner of such pool, which appeal shall
not stay the action of the Health Officer.
J.
Lights used to illuminate any pool or pond shall be so arranged
and shaded as to reflect light away from the adjoining premises in
accordance with § 240-7.10.
K.
The owner of any swimming pool, portable pool, wading pool or
pond within the Borough of Oradell shall allow the Construction Official,
Health Officer or other authorized official access to the pool and
appurtenances for the purpose of the inspections to ascertain compliance
with this chapter at all reasonable times.
L.
The Construction Official shall issue a certificate of approval
to the owner of the property after the Uniform Construction Code and
any other requirements have been complied with and a certification
by the Borough Engineer as to the correctness of the elevations has
been received.
M.
It shall be unlawful for any person to cover a swimming pool
or pond with what is known as a "bubble-type cover" or to enclose
a swimming pool unless the enclosure is of the same architectural
design and materials as the residence building on said premises and
the plans for said enclosure shall be first approved by the Planning
Board of the Borough.
N.
The surface of a swimming pool must be at least four inches
above the existing grade and constructed as to prevent return of surface
water to the pool.
O.
A pond may not exceed 100 square feet in surface area, except
those that are part of a stormwater management plan or provide detention
and/or retention for the property.
