Borough of Ramsey, NJ
Bergen County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Building and housing — See Ch. 13.
Shade trees — See Ch. 20.
Flood damage prevention — See Ch. 25.
Development fees — See Ch. 30.
Land use procedures — See Ch. 31.
Subdivision of land — See Ch. 32.
Off-tract improvements — See Ch. 33.
ATTACHMENTS034a Diagrams A and B
[Ord. No. 443; 1972 Code § 130.101]
This chapter shall be known as the "Zoning Ordinance of the Borough of Ramsey" and wherever the word "ordinance" is used herein, it shall also mean "chapter" and vice versa.
[Ord. No. 443; 1972 Code § 130.102]
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals and general welfare. Among other purposes, the provisions of this chapter are intended to provide for adequate light, air and convenience of access; to lessen congestion in the streets; to secure safety from fire and other dangers; to avoid undue concentration of population by regulating and limiting the use of land, the height and bulk of buildings wherever erected; to limit and determine the size of yards, and other open spaces; to regulate the density of population; and to conserve the value of property and encourage the most appropriate use of land throughout the Borough.
[Ord. No. 443; 1972 Code § 130.103]
It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances (except those specifically or impliedly repealed by this chapter) or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto.
Where this chapter imposes a greater restrictions upon the use of buildings, structures or premises or upon the height of buildings, structures or lot coverage, or requires greater lot area, or larger yards, or other open spaces than are imposed or required by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall control.
[Ord. No. 443; Ord. No. 468; Ord. No. 586; 1972 Code § 130.201; Ord. No. 874 § 1; Ord. No. 950A § 1; Ord. No. 1053 § 1; amended 9-25-2002 by Ord. No. 22-2002; 5-23-2018 by Ord. No. 12-2018]
For the purpose of this chapter, the Borough of Ramsey is hereby divided into 15 zone districts known as:
R-1
Residence District
R-2
Residence District
R-3
Residence District
R-4
Residence District
R-5
Garden Apartment and Townhouse District
R-5A
Garden Apartment District
R-5B
Island Road Multifamily Residential Overlay District
T-3
Townhouse Residence District
T-6
Townhouse Residence District
B-1
Central Business District
B-1A
Business District
B-2
Turnpike District
B-3
Highway Commercial District
P.U.D.
Planned Unit Development District
I.P.
Industrial Park District
L.O.
Laboratory and Office Building District
[Ord. No. 622; Ord. No. 633; Ord. No. 700; 1972 Code § 130.202; Ord. No. 703 § 2; Ord. No. 719 § 2; Ord. No. 801 § 2; Ord. No. 827 § 2; Ord. No. 875 § 2; Ord. No. 951A § 2; Ord. No. 961 § 2; Ord. No. 966 § 2; Ord. No. 967 § 2; Ord. No. 968 § 2; Ord. No. 970 § 2; Ord. No. 997 § 2; Ord. No. 1024 § 2; Ord. No. 1052 § 2; amended 9-25-2002 by Ord. No. 22-2002]
a. 
The Zoning Map of the Borough of Ramsey, prepared by Robert Catlin and Associates, dated July 1969 and as subsequently revised December 31, 1969; October 13, 1970; November 24, 1970; December 26, 1973; February 13, 1974; September 25, 1974; December 28, 1977; September 27, 1978; July 23, 1980; May 23, 1984; June 13, 1984; August 8, 1984; August 22, 1984; October 10, 1984; June 25, 1986; September 7, 1988; September 25, 2002, and by the adoption of this chapter, is adopted as the Zoning Map of the Borough of Ramsey.
b. 
The following properties are in the P.U.D. District as shown on the attached map (Exhibit A)[1] and more generally described by the following Tax Map Lot and Block Numbers:
1. 
Block 4301, Lots 14.02, 14.03, 14.04.
2. 
Block 4301, Lot 15.
3. 
Block 3901, Lot 13B.
4. 
A portion of former Block 4301, Lot 16, located at the easterly 175 feet of said Lot 16 as shown on Exhibit A.
5. 
A portion of former Block 4301 Lot 14 located southwesterly of Block 3901, Lot 13B, as shown on Exhibit A.
[1]
Editor's Note: Exhibit A is on file in the office of the Borough Clerk.
c. 
Block 4301, Lot 16, and that portion of former Block 4301, Lot 14, consisting of 51,903 square feet or 1.1915 acres, which is now annexed to Block 4301, Lot 16, shall be shown as B-3 Highway Commercial District as shown on Exhibit A.
d. 
Block 3901, Lot 13, and that portion of former Block 4301, Lot 14, consisting of 46,234 square feet or 1.0614 acres which is now annexed to Block 3901, Lot 13, shall be shown as IP Industrial Park District as shown on Exhibit A.
[1972 Code § 130.203; Ord. No. 854 § 1]
Notice of a hearing on the adoption of an ordinance amending, supplementing or repealing Subsection 34-2.1 or 34-2.2 be given by the governing body by personal service or certified mail to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the boundary of the property which is the subject of such ordinance amendment, supplement, or repeal.
[Ord. No. 443; Ord. No. 526; Ord. No. 656 § 1; Ord. No. 717 § 1; Ord. No. 849 § 1; Ord. No. 851 § 2; Ord. No. 865 § 1; Ord. No. 871; Ord. No. 873; Ord. No. 908; Ord. No. 950 §§ 2-3; Ord. No. 973 § 1; Ord. No. 981 § 1; Ord. No. 947A § 1; Ord. No. 1012 § 1; Ord. No. 1018 §§ 1-2; Ord. No. 1030 § 1; Ord. No. 1098-A §§ 1-2; Ord. No. 1199 § 1; Ord. No. 7-1998 § 1; Ord. No. 11-2001 § 1; Ord. No. 46-2004 § 1]
As used in this chapter:
ACCESSORY BUILDING
A subordinate building or structure on the same lot with the principal or main building devoted exclusively to an accessory use.
ACCESSORY USE
A use naturally and normally incident and subordinate to the main use of the premises or lot.
ALTERATION OF BUILDING
A change in the supporting members of a building, an addition to or diminution of a building, conversion of a building or a part thereof, or removal of a building from one location to another.
BASEMENT
The floor in a house or other building next below the principal floor.
BOARDER
An individual other than a member of the family occupying the dwelling unit or a part thereof, who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services, as part of the consideration.
BOARDINGHOME FOR SHELTERED CARE
A profit or nonprofit boardinghome, rest home or other home for the sheltered care of adult persons which, in addition to providing food and shelter to four or more persons unrelated to the proprietor, also provides any personal care or service beyond food, shelter and laundry.
BOARDINGHOUSE
A dwelling or part thereof in which lodging is provided by the owner or operator to boarders.
[Amended 8-27-2008 by Ord. No. 10-2008]
BUFFER ZONE
An area or strip of property around a site zoned or occupied by a commercial, industrial, business, apartment or townhouse use that abuts a residential zone or use or a public use such as Borough parkland and Green Acres. The purpose of the "buffer zone" shall be to minimize adverse impact, to insure privacy, to afford protection from noise, and to promote and encourage aesthetic and harmonious conditions between diverse adjoining land use. Such area, if wooded, shall remain wooded, and whether or not wooded shall be provided with closely spaced plantings or, if determined to be appropriate by the Planning Board, solid fencing to form a visual screen. No clear-cutting shall be done prior to approval by the Planning Board and Shade Tree Commission.
CABARET
An establishment which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, wherein beverages sold under the regulations of N.J.S.A. 33:1-1 et seq. are sold or are available for sale.
CAR WASH AND CONVENIENCE LUBRICATION STATION
Any building, premises, or land in or upon which there is an establishment devoted primarily to the business of washing automobiles or providing rapid lubrication and oil changing service.
COMMON OWNERSHIP
Ownership of two or more contiguous parcels of real property by one person or by two or more persons owning such property jointly, as tenants by the entirety, or as tenants in common.
CORNER LOT
A lot at the junction of, and having frontage on, two or more intersecting streets, or a lot bounded on two or more sides by the same street.
DORMITORY
Any building or portion thereof, designed or converted to contain living quarters which are provided as residences or for overnight sleeping for individuals or groups, operated as an accessory use to a school, college, university, boarding school, convent, monastery, nonprofit educational institution, religious order, church, hospital, library or other.
[Added 5-10-2017 by Ord. No. 04-2017]
DWELLING
A building or portion thereof designed or used as the residence or sleeping place of one or more persons, including one-family, two-family and multiple dwellings, apartment-hotels, boardinghomes for sheltered care and boardinghouses but not including motels, tourist cabins, trailers or trailer courts.
DWELLING UNIT
A single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.
FACADE
Entire building exterior wall face, including grade to the top of the eaves and entire width of the building elevation.
[Added 3-9-2011 by Ord. No. 05-2011]
FAMILY
One or more persons occupying a dwelling unit as a single nonprofit housekeeping facility.
FAST-FOOD ESTABLISHMENT
A restaurant having a limited menu and serving food to the general public for consumption either on or off the premises.
FAST-FOOD RESTAURANT
A restaurant that sells prepared food, either indoors or outdoors in disposable containers (i.e., paper or plastic) and does not have waiter service.
[Added 3-9-2011 by Ord. No. 05-2011]
FINISHED GRADE
That level of soil on a property, as established at the end of construction. Finished grade, at any point within the area for measurement of the height of a building (footprint plus 10 feet), shall not be greater than 18 inches higher than the original grade that existed prior to construction.
[Added 10-25-2006 by Ord. No. 39-2006]
FLOOR AREA
The area of all floors computed by measuring the dimensions of the outside walls of a building, excluding attic and basement floors, porches, patios, terraces or breezeways, and carports, verandas and garages, provided those excluded areas are not used to enlarge the permitted use or are used only for storage or utilities. All areas or portions of areas of the enumerated exclusions used for any other use than those set forth above shall be included in computing floor area.
GARDEN APARTMENTS
A building or buildings of not over 2 1/2 stories at building entrances (total height can be three stories on sloping sites), containing four or more dwelling units, with the habitable floor area of each being on a single level.
HEIGHT OF BUILDING
The vertical distance from the finished grade elevation along a line as measured by a distance of 10 feet from all points along the foundation (footprint) of the structure to the level of the highest point of the roof surface. In making a measurement to determine the height of a building, no vertical distance along this line, to the highest point of the roof surface, shall exceed the height requirements as contained within the Zoning Code. The averaging of vertical distances between the finished grade elevations along this line and the highest point of the roof surface shall not be permitted.
[Amended 10-25-2006 by Ord. No. 39-2006]
INSTITUTIONAL USES
Nonprofit institutions such as churches, schools teaching academic subjects, hospitals and libraries.
JUICE BARS
An establishment which features topless or topless and bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, and where beverages other than beverages sold under the provisions of N.J.S.A. 33:1-1 et seq. are sold or are available for sale.
LOT
A parcel of land exclusive of any adjoining street, the location, dimensions and boundary of which are determined by description as on a subdivision map of record, an official map or by metes and bounds, which is occupied or intended to be occupied by one building and, if any, its accessory buildings; or by a group of buildings as permitted by this chapter and including such open spaces appurtenant to such building or groups of buildings required by this chapter. In the event that more than one plot or lot as set forth on any map filed in the Office of the Clerk of the County of Bergen or on present or future assessment maps of the Borough of Ramsey is used in part or in full with one or more other such plot or lots for the erection of a building and its accessory buildings including yards, the aggregate of all such plots or lots shall, for the purpose of this chapter, be deemed to be one lot.
LOT DEPTH
The average distance between the front lot line and the rear lot line. Lot depth shall be measured along a line connecting the midpoint of the front lot line and the midpoint of the rear lot line, and along lines drawn parallel to said line at ten-foot intervals from said line throughout the width of the lot, provided that only those said lines which are located entirely within the lot shall be used for measuring the lot depth. The average of the above measurements shall be the lot depth.
MAXIMUM BUILDING COVERAGE
The maximum horizontal projected area of the principal building including garages, enclosed porches, breezeways, steps and any other attached or detached structures.
MAXIMUM IMPERVIOUS AREA
The maximum building coverage plus any impervious area including but not limited to pools, driveways, walks, decks, patios and detached structures.
MAXIMUM LIVING SPACE
The total area of the dwelling excluding garages, attics and basements. Maximum living space shall be measured by the outside dimensions of the first and second floor.
[Added 3-9-2011 by Ord. No. 05-2011]
NONCONFORMING USE
A use which is lawfully exercised within a structure or on land at the time of adoption of this chapter, or any amendment thereto, and which does not conform with the regulations of the zone district in which it is located.
NURSING HOME
A privately or publicly operated licensed health facility where four or more persons are housed and provided continued nursing care due to advanced age, illness, or infirmity, under the general supervision of a licensed physician or registered nurse; such term shall not be construed to imply or permit the practice of general hospital functions, assisted living, or sheltered care of adult persons.
ONE-HALF STORY
The area of the attic or one-half story space where the ceiling height is seven feet or greater and does not exceed 60% of the floor below.
[Added 3-9-2011 by Ord. No. 05-2011]
OPEN SPACE ZONING
A permitted reduction in lot sizes and lot area requirements in major subdivisions in the R-1 Residence District Zone in which the density requirement (dwelling units per acre) is maintained and where all resulting undeveloped land within the subdivision is deeded to the Borough of Ramsey for public purposes.
PARAPET
That portion of a wall that extends above the roofline.
[Added 3-9-2011 by Ord. No. 05-2011]
PARKING AREA
An open area, other than a street or other public way, used for the parking of motor vehicles and available for public or private use whether for a fee or as a service or privilege for clients, customers, suppliers or residents.
PRINCIPAL USE
The primary or predominant use of the premises.
PRIVATE GARAGE
A detached accessory building or portion of a main building, used only for the storage of passenger vehicles or a commercial vehicle as permitted by Subsection 34-4.8.
PRIVATE SWIMMING POOL
Any artificially constructed basin or other structure for the holding of water for use by the possessor, his family or guests, for swimming, diving and other aquatic sports and recreation. The term "swimming pool" does not include any plastic, canvas or rubber pool temporarily erected upon the ground holding less than 1,000 gallons of water and/or less than 18 inches in depth.
PUBLIC GARAGE OR SERVICE STATION
Any building, premises or land in or upon which there is an establishment devoted primarily to the business of supplying and selling motor fuel or other petroleum products, supplies or equipment for use in and upon motor vehicles and repairing, storing or reconditioning of motor vehicles.
SATELLITE TELEVISION ANTENNA
An antenna, the purpose of which is to receive television or radio signals from orbiting satellites.
SEXUALLY ORIENTED BUSINESS
As follows:
a. 
A commercial establishment which, as one of its principal business purposes, offers for sale, rental or display any of the following: books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a "specified sexual activity" or "specified anatomical area", or still or motion picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a "specified sexual activity" or "specified anatomical area", or instruments, devices or paraphernalia which are designed for use in connection with a "specified sexual activity", or
b. 
A commercial establishment which regularly features live performances characterized by the exposure of a "specified anatomical area" or by "a specified sexual activity", or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a "specified sexual activity" or "specified anatomical area."
1. 
An individual, proprietorship, partnership, corporation, association or other legal entity.
2. 
(1) less than completely and opaquely covered human genitals, pubic region, buttock or female breasts; or (2) human male genitals.
3. 
(1) the fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breasts or (2) any actual or simulated act of human masturbation or sexual intercourse.
SIGNS
Any publicly displayed notice or device, freestanding or attached to a building or structure, or painted or reproduced on any building or structure which displays, reproduces or includes any letter, word, name, number, model, insignia, design, device or reproduction, used for one or more of the following purposes: to identify the premises or occupant or owner thereof; to identify any trade, business, professional, industry, service or other activity; to advertise any product or item; to advertise the sale or rental or use of all or any part of any premises, including that upon which it is displayed; to direct vehicular traffic or pedestrian traffic, other than national, state, county, or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interests of any person, or which attracts or is intended to attract attention to itself, when the same is placed outdoors in view of the general public. The term "Sign" shall include billboard, plaque, or ground, wall, roof, illuminated, projecting or temporary sign and portable signs which shall be deemed to be any sign attached to or displayed on a vehicle or trailer that is used solely for the purpose of advertising a business establishment, product, service or entertainment, when that vehicle or trailer is regularly parked so as to attract the attention of motor or pedestrian traffic.
For the purpose of this chapter, the area of a sign is the area within the perimeter drawn around the surface of a sign, including all decorations, excluding, however, any supports; in computing sign area, the area of all surfaces used or employed or designed for use as a sign or for sign purposes shall be included and totaled. Where signs are back to back, however, then each side may be allowed the maximum square foot area allowed in any zone or district.
SINGLE-FAMILY DWELLING
A building containing one dwelling unit.
SINGLE OWNERSHIP
Ownership by one person or by two or more persons whether jointly, as tenants by the entirety, or as tenants in common, of a separate parcel of real property.
STORY
That portion of a building included between the surface of any floor above the average elevation of ground at the foundation wall and the surface of the next floor above, or if there is no floor above it, then the space between the floor and ceiling next above it.
STRUCTURE
Anything constructed or erected, whether portable, prefabricated, sectional or otherwise, which is permanent or temporary, located on and/or under the ground or attached to something so located.
TERMS
That the present tense shall include the future; the singular number shall include the plural; and the plural the singular. The word "shall" is always mandatory. The words "zone" and "district" are the same.
TOWNHOUSE
A structure, or dwelling unit in a structure, containing three or more dwelling units arranged side by side or in clusters, so that one dwelling unit is not above or below another dwelling unit.
TURRET
An architectural element that extends above the parapet.
[Added 3-9-2011 by Ord. No. 05-2011]
a. 
An open unoccupied space unless occupied by a use as hereinafter specifically permitted, extending across the full width of the lot and lying between the front street property line and the nearest line of the building. Front steps shall not be construed as part of the building unless enclosed.
b. 
An open unoccupied space unless occupied by a use as hereinafter specifically permitted, on the same lot with the building between the building and the side lot line, extending from the front yard to the rear yard.
c. 
A space unoccupied except by an accessory building or use as hereinafter specifically permitted, extending across the full width of the lot between the rear line of any building, other than an accessory building, and the rear lot line.
[Ord. No. 443; 1972 Code § 130.401]
No land or premises shall be used and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein, for the zone district in which it is located, and all construction shall be in conformity with the regulations provided for the zone district in which such building or premises is located.
[Ord. No. 443; 1972 Code § 130.402]
a. 
No building or structure or part thereof shall be erected, raised, moved, extended, enlarged, altered or demolished until a permit has been granted by the Construction Official. Application therefor shall be filed in duplicate with the Construction Official by the owner or his agent and it shall state the intended use of the structure and of the land. The application shall be accompanied by detailed plans and specifications, plot plan showing open spaces, the established building lines within the block and such other information as may be required to show that the proposed building or other structure complies with all of the requirements of this chapter. Plans shall be drawn to scale and shall show actual dimensions in figures. All plans, specifications and plot plans shall be signed by a duly licensed architect or a licensed professional engineer of the State of New Jersey. The owner may sign the building plans in the event the owner has prepared the building plans, provided the owner files an affidavit to that effect in accordance with the law. Notwithstanding any other provisions of this section, a licensed land surveyor of the State of New Jersey may prepare and certify the required plot plan only.
b. 
No building permit shall be issued for the erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof, unless the plans and intended use indicated that such building or structure is designed to conform in all respects to the provisions of this chapter as well as other pertinent ordinances of this Borough.
[Ord. No. 443; 1972 Code § 130.403]
a. 
No land shall be occupied or used and no buildings hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Construction Official stating that the use of land or building complies with all provisions of this section and all other Borough ordinances. A certificate of occupancy for a single-family dwelling shall not be issued by the Construction Official until the property is graded and sodded or graded and seeded and covered with hay, except that if the Construction Official determines that weather conditions prohibit the effective grading and sodding or seeding of the property, he shall nevertheless issue such certificate of occupancy under the following terms and conditions: the person or entity seeking the issuance of the certificate of occupancy shall post with the Borough a performance guarantee to insure such grading and sodding or seeding when permitted by weather conditions. The length of time of the performance guarantee and the amount of same shall be determined by the Construction Official in consultation with the Borough Engineer. The performance guarantee may be in the form of a performance bond, letter of credit, passbook savings account, or cash. Such certificate of occupancy shall be granted or denied within 20 days from the date written application therefor has been received by the Construction Official.
b. 
No change or extension of use and no alteration of use shall be made until a certificate of occupancy shall have been issued by the Construction Official indicating that such change, extension or alteration is in conformity with the provisions of this chapter.
c. 
A record of all certificates of occupancy shall be kept on file in the office of the Construction Official and copies shall be furnished upon request to any person having a proprietary or leasehold interest in the building or land affected. A fee of $5 shall be charged for each original certificate and $1 for each copy thereof.
[Ord. No. 443; 1972 Code § 130.404]
Every lot must provide front, rear and side yards as required by its zone district. All front yards shall face upon a public street, and no lot may contain more than one principal building. 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.
[Ord. No. 443; 1972 Code § 130.405; Ord. No. 908 § 1; Ord. No. 1054 § 1; Ord. No. 1118 § 1]
a. 
No accessory building shall be built upon any lot upon which there is not a principal building or structure. On any lot used for residential purposes, which such lot be located in a single-family, townhouse, or multifamily district, no accessory building shall exceed 150 square feet in floor or ground area for each residential unit that is located on the same lot except as hereinafter provided. Swimming pools and garages structures designed for the storage of motor vehicles shall not be restricted by the foregoing floor area limitation. Other structures, such as tool sheds, barns, greenhouses, cabanas, etc. which are larger than 150 square feet may be allowed upon approval of a site plan or waiver of site plan by the Planning Board.
b. 
No accessory building shall be used for human habitation.
c. 
There shall not be more than one accessory building on any lot whether such principal use is residential or nonresidential. A single structure used as a garage for the storage of motor vehicles shall not be construed as to exclude an accessory building for the purpose of this Paragraph c; pools and radio towers shall not be construed as to exclude an accessory building.
d. 
Accessory building shall not exceed the height regulations of the principal building. In a residence district, however, no accessory building shall be higher than the principal building or 16 feet, whichever is less.
e. 
On any lot used for nonresidential purposes, the total floor or ground area of all structures, including the principal and accessory buildings, shall not exceed the allowable lot coverage requirements of the district or zone within which they are located. In any nonresidential district or zone where the lot coverage requirements are undefined, the floor or ground area of an accessory building shall be no greater than 1/3 of the floor or ground area of the principal building.
f. 
Notwithstanding the other provisions of the Zoning Code, the accessory uses associated with swimming pools shall comply with the requirements of this chapter.
g. 
A breezeway or similar structure connecting a principal building with an accessory building shall not exempt the accessory or subordinate building from the requirements of this chapter.
h. 
Accessory buildings in all zones shall be at least 20 feet from any principal building situated on the same lot, unless an integral part thereof, and shall be at least six feet from a garage, swimming pool, or other structure.
i. 
The following requirements shall apply to R-1, R-2, R-3 and R-4 Zones:
1. 
No accessory building shall be permitted in the front yard.
2. 
Accessory buildings built within the side yard shall meet the side yard set by requirements for the principal buildings.
3. 
Accessory buildings built within the rear yard shall not be located nearer to the rear and side lots than 15 feet in the R-1 Zone, 10 feet in the R-2 Zone, five feet in the R-3 Zone and four feet in the R-4 Zone.
4. 
Accessory buildings on corner lots shall not be erected nearer to the street than the front yard requirements for the adjacent lot.
j. 
In Zones R-5, B-1, B-1A, B-2, B-3, I.P., L.O., T-3 and T-6 an accessory building shall comply in all respects to the front, side and rear yard setback requirements for principal building within the specific zone in which the accessory building is to be constructed.
[Ord. No. 443; 1972 Code § 130.406]
No building to be used as a dwelling shall be constructed, altered or moved in the rear of the building situated on the same lot, nor shall any building be constructed in front of or moved to the front of a dwelling situated on the same lot.
[Ord. No. 443; 1972 Code § 130.407]
Any lot as defined herein at the time of the adoption of this chapter that fails to comply with the minimum requirements of this chapter may be used for any use not otherwise prohibited in the district in which it lies, provided the lot is not contiguous to and in common ownership with one or more lots in single ownership as defined in this chapter and further provided all yard requirements are complied with.
[Ord. No. 443; 1972 Code § 130.08; Ord. No. 863 § 1; Ord. No. 1054 § 1; amended 3-9-2011 by Ord. No. 05-2011]
No building permits shall hereafter be granted for the erection of a new dwelling in a residential zone unless provisions have been made for the construction of a garage to be located on the same lot for not more than three motor vehicles connected by a driveway to the adjacent street, road, or land. No building permits shall hereafter be granted for the erection of a new dwelling in the B-1, B-1A, B-2 or B-3 District unless provisions have been made for the construction of one garage for each dwelling unit to be located on the same lot for not more than three motor vehicles connected by a driveway to the adjacent street, road or land. Only one commercial vehicle owned and used by a resident of the premises shall be permitted to be regularly garaged on the lot in a Residence Zone District, provided that such commercial vehicle does not exceed a rated capacity of 1 1/2 tons and that the same shall be regularly garaged. The garage required herein may be erected as an accessory building and/or may be either a part of the main building or attached thereto. This shall not be construed to prohibit the number of commercial vehicles or pieces of farm equipment used as accessory to a farm operation. No commercial vehicles shall be permitted to be parked outdoors overnight between the hours of 12:00 midnight and 6:00 a.m.
[Ord. No. 443; 1972 Code § 130.409]
On any corner lots in any residence zone, no fence, structure or planting or other object over 30 inches in height above the curb or edge of roadway shall be erected or maintained closer than 20 feet to either of the street right-of-way lines so as to interfere with traffic visibility across the corner.
[Ord. No. 443; 1972 Code § 130.410]
Any nonconforming uses incidental to construction projects on the same premises, such as storage of building supplies and machinery, and the assembly of building materials, shall require temporary permits to be secured from the Construction Official for a period not to exceed one year. The nonconforming use shall be located on the premises as required by the Construction Official.
[Ord. No. 443; 1972 Code § 130.411]
Nothing shall be kept, stored or displayed outside the confines of any building in other than the B-3 and I.P. Zones.
[Ord. No. 433; 1972 Code § 130.412]
When a new lot or lots are formed from a parcel of land or where two or more lots are combined into a single parcel of land, the separation of combination shall be effected in such a manner as not to violate any of the provisions of this chapter.
[Ord. No. 504; Ord. No. 656 § 2; Ord. No. 702 § 1; 1972 Code § 130.413; Ord. No. 788 § 2; Ord. No. 1244 § 1]
Wherever required by this chapter, the site plan (which term as hereinafter used shall be deemed to include any amended site plan) shall be submitted to the Planning Board of Ramsey and final approval of the Board shall be required before a permit shall be issued for the construction, addition, conversion and/or alteration of any building or structure proposed thereby. Such approval shall also be required prior to the issuance of any certificate of occupancy therefor. The site plan shall show:
a. 
The locations and the size of all proposed buildings.
b. 
The dimensions of front yard setback, side yard distances and the size of the rear yard.
c. 
Buffer areas where required indicating proposed method of landscaping with trees and shrubbery.
d. 
Driveways and proposed off-street parking areas, indicating number, size and location of individual parking spaces.
e. 
All proposed signs.
f. 
A plan of the existing and/or proposed sanitary sewage disposal system. In the event central sanitary sewers shall be available, the plan shall show the proposed hookup or connection therewith.
g. 
Location of all brooks, water courses, drains, easements and proposed water supply.
h. 
Location of all shade trees, ornamental trees, shrubbery and supporting structures necessary to their growth, as shown on the landscaping plan approved by the Shade Tree Commission. Whenever an amended site plan is submitted to the Planning Board, a revised landscaping plan shall be submitted to, and approved by, the Shade Tree Commission.
[Ord. No. 656; 1972 Code § 130.413; Ord. No. 504; Ord. No. 574; Ord. No. 656 § B; Ord. No. 702 § 2; 1972 Code § 130.413]
The Planning Board shall not give final approval to the site plan until the plan for the sanitary sewage disposal system or hookup to a central sewer system has been approved by the Ramsey Board of Health, the plan of landscaping has been approved by the Shade Tree Commission, fire and safety requirements have been approved by the Fire Prevention Bureau, the water supply system has been approved by the Board of Public Works, and a cash deposit or surety company performance bond in such amount as shall be fixed by the Planning Board has been posted to guarantee the installation of shade trees and shrubbery and the installation of all improvements provided for in such site plan. Pending approval by the latter boards, bureau and commission, however, the Planning Board may give preliminary approval to the site plan to indicate that all other municipal requirements have been complied with. Thereafter, final approval shall be granted when the above-mentioned cash deposit or surety company performance bond is posted and upon satisfactory proof that approval has been granted by the Health and Water Boards, the Fire Prevention Bureau and the Shade Tree Commission, provided, however, that no substantial changes shall have been required and/or made to the site plan as preliminary approved.
[Ord. No. 526; 1972 Code § 130.413]
Wherever a shopping center is permitted under the Zoning Ordinance, the plans for a designed shopping center should first be submitted to the Ramsey Planning Board before any permit shall be issued for the shopping center. Any project involving the erection and construction of more than two stores or other types of business building shall be considered a shopping center.
[Ord. No. 504; Ord. No. 656 § 1; Ord. No. 782 § 3; Ord. No. 998 § 1; Ord. No. 998-A § 1; Ord. No. 998D § 1; Ord. No. 998E § 1; Ord. No. 18-1998 § 1; Ord. No. 22-1999 § 1; Ord. No. 4-2005 § 1]
a. 
Whenever a site or development plan is required by this ordinance, the same shall be accompanied by the following application fee:
Application Type
Fee
Sites one acre or less
$250
Sites more than one acre but less than two acres
$300
Sites more than two acres but less than three acres
$350
Sites more than three acres but less than four acres
$400
Sites more than four acres but less than five acres
$450
Sites more than five acres but less than six acres
$500
Sites more than six acres but less than seven acres
$550
Sites more than seven acres but less than eight acres
$600
Sites more than eight acres but less than nine acres
$650
Sites more than nine acres but less than 10 acres
$700
Sites greater than 10 acres, the sum of
$750 plus $50 for every additional acre over 10 acres, plus $50 for any fractional part of an acre more than 1/2 acre.
The Planning Board may also require a deposit for legal and engineering fees if required in connection therewith. All such fees and deposits shall be paid to the Borough Engineer's Office.
b. 
A fee of $50 shall be charged whenever the Planning Board waives the requirements for site plan approval as provided for in the Municipal Code.
c. 
(Reserved)
d. 
In addition to all other fees, an applicant shall pay a fee of $1,000 for each special meeting requested by the applicant for any purpose and a fee of $150 for the filing of an application for a site plan amendment.
e. 
In addition to the application fee set forth above in Paragraph a, an applicant shall make the following initial escrow deposit to cover engineering, legal and review costs associated with the application. For multiple applications by the same applicant, the required escrow amount will be determined by adding the escrow required under this subsection for each individual application and taking 100% of that amount.
[Amended 2-8-2006 by Ord. No. 8-2006]
1. 
Subdivisions (based upon the number of lots).
Number of Lots
Escrow Deposit
1 (consolidation)
$1,000
2
$2,000
3
$2,500
4
$3,000
5 or more
$3,000, plus $500 for each lot over 4
2. 
Site plans.
Size
Escrow Deposit
Up to 1 acre
$1,500
1 to 3 acres
$3,000
More than 3 acres
$3,000 plus $1,000 for each acre over 3
3. 
Variance (only) applications.
Size of Lot
Escrow Deposit
Up to 3 acres
$1,000
Over 3 up to 10 acres
$1,500
Over 10 acres
$2,000
4. 
Amended site plan applications.
Size
Escrow Deposit
Up to 1 acre
$750
1 to 3 acres
$1,000
More than 3 acres
$1,250
5. 
Soil movement application.
(a) 
Residential: $750.
(b) 
Commercial: $1,000.
f. 
The fee for the reinstatement of a site plan application which was denied without prejudice shall be $100.
[Ord. No. 560; 1972 Code § 130.415; Ord. No. 950A § 3; amended 5-23-2018 by Ord. No. 12-2018]
All of the terms, provisions and regulations of § 34-20, R-5 Garden Apartment and Townhouse District, shall apply to all garden apartments wherever garden apartments are permitted in the Borough, except in the R-5A Garden Apartment District and the R-5B Island Road Multifamily Residential Overlay District.
[Ord. No. 574; Ord. No. 656; Ord. No. 745; Ord. No. 771A; Ord. No. 818 § 1; Ord. No. 902 § 1; 1972 Code § 130.416; Ord. No. 1054 § 1; Ord. No. 1122]
a. 
Site plan approval as provided for in Subsections 34-4.13 and 34-4.6 shall be required for any new or change in use or extension or renovation of an existing building in the B-1, B-1A, B-2, B-3, I.P. and L.O. Zone Districts, except that:
b. 
In the B-1, B-1A, B-2, B-3, L.P., L.O. and P.U.D. Zones, the Planning Board shall have the discretion to waive the site plan approval requirements of this chapter for any proposed conforming use. The use cannot involve the construction of a new building or the extension of an existing building and provided the applicant can clearly establish to the satisfaction of the Planning Board that the new or changed use will not require additional parking as required by the Borough Ordinances, will not cause a change in drainage patterns, will not create traffic hazards or congestion, and that the property cannot be improved to meet the requirements of the Zoning Code and the ordinances of the Shade Tree Commission. The review of the Planning Board can be done on an administrative basis, and if it is determined and recommended that a waiver of site plan is appropriate, then the Planning Board, at its public meeting, shall have the right to approve such waiver of site plan, and since the site plan, approval procedure is being waived, no public notice for site plan approval as required under the Borough Ordinances and the Municipal Land Use Law[1] shall be required.
[Amended 9-23-2015 by Ord. No. 15-2015]
[1]
Editor's Note: See N.J.S.A. § 40:55D-1 et seq.
c. 
Where there is no new or change of use, a waiver of site plan approval by the Planning Board and a continued certificate of occupancy shall be required for any change of occupancy in a commercial structure in the B-1, B-2, B-3, I.P. and L.O. Zone Districts, and such waiver of site plan approval and the continued certificate of occupancy shall be obtained prior to such occupancy.
[Ord. No. 770 § 1; 1972 Code § 130.417]
a. 
Where the use proposed by an applicant for site plan approval reasonably requires a disposal container area to be located on the property, the applicant shall designate upon the site plan the location and size of the areas to be used for the disposal container. The disposal container areas shall be paved and located so that access by disposal trucks does not infringe upon designated parking stalls. The area paved for disposal container areas shall not be computed as part of the area required for parking stalls.
b. 
The areas provided for disposal container shall be screened from adjacent properties and the proposed screening plan shall be submitted to the Planning Board and the Shade Tree Commission for approval. The screening shall be natural or artificial depending upon the configuration of the property, and the location of the disposal container areas or similar factors. The type of screening used shall meet the standards adopted by the Planning Board and the Shade Tree Commission for natural and artificial screening. Wherever possible, natural screening containers shall conform to the color of the buildings upon the property or the environment of the surrounding areas.
c. 
The Planning Board may, in its discretion, waive the screening requirements hereinbefore set forth if it determines that such screening is impossible or impractical because of the configuration of the property, the location of the disposal container areas of similar factors.
[Ord. No. 773 § 2; 1972 Code § 130.418]
Prior to the acceptance by the Borough of any street or other improvement on a site plan, there shall be filed with the Borough Engineer one Mylar original as-built plan and profiles drawn to a scale of not less than one inch equals 50 feet horizontally and one inch equals five feet vertically, which plan and profiles shall be based on a final survey. Such drawings shall show how the streets and other improvements were actually constructed or installed. The following data must be shown with measurements from the property lines.
a. 
Plans and profiles of the streets showing elevations as constructed, and reference bench marks.
b. 
Plans and profiles of sanitary and storm sewers showing elevations of inverts of manholes and catch basins and elevations of inlet gratings and manhole rims.
c. 
The location of all house connections to the sanitary sewer with reference dimensions to cleanout connections.
d. 
The location of all water and gas mains together with all valves.
[Ord. No. 871 § 2; 1972 Code § 130.419; Ord. No. 950A § 5; Ord. No. 1033 § 1]
a. 
All commercial, industrial, business, apartment or townhouse used which abut a residential zone shall be required to maintain a buffer zone within the property that contains one of the aforementioned uses. A commercial, industrial or business use shall also be required to maintain a buffer zone within its property when the use abuts a townhouse or apartment use.
b. 
The buffer zone shall be measured horizontally and perpendicularly to lot and street lines and shall exist on the side or sides facing a residential use or in the situation where a commercial, industrial or business use abuts an apartment or townhouse use, on the side or sides facing the townhouse or apartment use.
c. 
The buffer zone shall be kept in its natural state where wooded, and where vegetation is sparse shall be flexible in design in accordance with the degree of intensity of use of the properties, the distance between the uses, the existing vegetation, elevation and other man-made and natural features.
d. 
The buffer zone may consist of fencing, evergreens, shrubs, ferns, rocks, boulders, bushes, trees or combinations thereof as required by the Borough of Ramsey Shade Tree Commission and such other items as necessary to accomplish the purposes stated herein.
e. 
No principal and accessory structures, driveways, access ways, parking lots, storage areas, paving, or parking of vehicles or equipment shall be permitted in the buffer zone.
[Ord. No. 1039 § 1]
A driveway or driveway entrance to a public street from property being used in whole or part for a nonresidential purpose shall not be constructed or used until site plan approval or site plan waiver for same is obtained from the Ramsey Planning Board. A site plan for a driveway or driveway entrance as aforesaid shall contain the information set forth in and required under the provisions of Section 17-2 of this Code and such additional information that the Planning Board may deem necessary to consider the impact upon drainage, traffic hazards, congestion and the general safety and welfare of the neighborhood. The Planning Board shall have discretion to waive the site plan approval requirements of this chapter provided that the applicant can clearly establish with reasonable probability that the driveway or driveway entrance will not adversely affect drainage, will not create traffic hazards or congestion and will not adversely affect the general safety and welfare of the neighborhood.
[Ord. No. 1044 § 1]
a. 
With regard to all properties having frontage in whole or in part on State Highway Route 17 all parking lots and structures upon such properties shall be set back a minimum of 10 feet beyond the State Department of Transportation's required clear zone. Sight triangles and the clear zone limit shall be shown on all development plans including landscaping plans.
b. 
Major tree planting, as defined by the State Department of Transportation, shall be within the ten-foot area beyond the clear zone, and outside of sight triangles. The area between the highway curb where there are curbs or the edge of the highway pavement where there are no curbs and the parking lots or structures shall be planted to minimize the distraction to State Highway Route 17 motorists. Mulch comprised of either woodchips or stone shall only be used in planting beds and not as a general ground cover.
[1972 Code § 130.422; Ord. No. 1164 § 1]
a. 
All above ground storage tanks shall require site plan approval.
b. 
All above ground storage tanks shall be installed in accordance with New Jersey State Uniform Construction and Uniform Fire Codes.
c. 
The following standards shall be required in connection with above ground storage tanks:
1. 
Tanks containing a product which is liquid at normal atmospheric pressure shall be provided with a secondary containment system. The secondary containment system shall be an integral part of the tank assembly and fabricated by the tank manufacturer. Tanks containing a product which is gas at normal atmospheric pressure shall not be required to have a secondary containment system. A substitute containment system may be proposed, if acceptable to the Borough Engineer.
2. 
Tanks shall be enclosed within a six-foot fence with necessary gate(s) to provide access for filling or dispensing. The style of fence, such as chain link fence or stockade fence, shall be determined by the Planning Board based upon the criteria of location of the tank, its proximity to neighboring properties and its visibility. Gates shall be kept locked at all times when not in use.
3. 
Bollards, for collision protection, shall be provided on all sides of a tank located adjacent to a roadway or parking area. These bollards are to be located outside the aforesaid fence.
4. 
Area lighting, meeting the requirements of Subsection 34-6.4f shall be provided for the tanks. Security lighting shall be provided for the tank area. The security lighting shall be controlled by a motion detector if the tank is adjacent to a residential zone.
5. 
Appropriate landscaping screening shall be provided. The plants to be used for this landscaping shall be of a species that will have a maximum growth height of three feet in order to permit sufficient visibility of the tank area for security purposes. This criteria can be altered to permit higher plantings depending upon the terrain and the actual location of the above ground storage tanks.
d. 
All necessary permits for air pollution control or other state or local requirements shall be obtained by the tank owner prior to installation.
e. 
The provisions of Paragraphs a, c2, c4, c5 and the provisions of Paragraph d hereof relating to local requirements shall not apply to Borough owned facilities.
[Ord. No. 1264 § 1; Ord. No. 8-1998 § 2]
a. 
Fences not exceeding four feet in height shall be permitted in the R-1 Residence District, R-2 Residence District, R-3 Residence District, R-4 Residence District, R-5 Garden Apartment and Townhouse District, R-5A Garden Apartment District, T-3 Townhouse Residence District, and T-6 Townhouse Residence District subject to the following provisions:
1. 
Chain link fences shall only be permitted to the rear of the dwelling. All chain link fences in rear yards shall be coated with green or black vinyl.
2. 
Fencing for dog runs shall be considered accessory structures and shall meet the setback requirements for an accessory structure. Dog runs shall be exempt from the one-hundred-fifty-square-foot size limitation set forth in Subsection 34-4.5.
3. 
Only split rail fences and picket fences constructed of wood, aluminum, iron or PVC shall be permitted in the front yard setback as delineated by each applicable zone district. Such fencing shall have a minimum of 50% open area. Chicken wire or privacy slats shall not be used to enclose the fence.
4. 
The finished face of the fence shall face to the outside of the property upon which the fence is located.
5. 
No fence shall be installed, erected, replaced, or repaired until a fence application has been submitted to, and approved by, the Borough Zoning Officer and a fence permit has been issued by the Borough Building Department.
b. 
Fences not exceeding six feet in height shall be permitted in the B-1 Central Business District, B-1A Business District, B-2 Turnpike District, B-3 Highway Commercial District, I.P. Industrial Park District and L.O. Laboratory and Office Building District subject to the following provisions:
1. 
No fence shall be erected beyond the front building line, into the front yard.
2. 
The finished face of the fence shall face to the outside of the property upon which the fence is located.
3. 
No fence shall be installed, erected, replaced or repaired until a fence application has been submitted to and approved by the Borough Zoning Officer and a fence permit has been issued by the Borough Building Department.
[1]
Editor's Note: Former § 34-4.27, Lower-income housing, adopted by Ord. No. 21-2005 § 1, was repealed 5-23-2018 by Ord. No. 11-2018. See now Ch. 29, Affordable Housing.
[Added 5-23-2018 by Ord. No. 09-2018]
a. 
Purpose. This subsection is intended to ensure that any site that benefits from a rezoning, variance or redevelopment plan approved by the Borough or a Borough Land Use Board that results in multifamily residential development of five dwelling units or more produces affordable housing at a set-aside rate of 20% for affordable for-sale units and at a set-aside rate of 15% for affordable rental units. This subsection shall apply except where inconsistent with applicable law.
b. 
Mandatory set-aside requirement.
1. 
If the Borough or a Borough Land Use Board permits the construction of multifamily or single-family attached residential development that is "approvable" and "developable," as defined at N.J.A.C. 5:93-1.3, the Borough or the Borough's Land Use Board shall require that an appropriate percentage of the residential units be set aside for low- and moderate-income households.
2. 
This requirement shall apply beginning with the effective date of this subsection to any multifamily or single-family attached residential development, including the residential portion of a mixed-use project, which consists of five or more new residential units, whether permitted by a zoning amendment, a variance granted by the Borough's Land Use Board, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation.
3. 
For any such development for which the Borough's land use ordinances (e.g. zoning or an adopted redevelopment plan) already permitted residential development as of the effective date of this subsection, this requirement shall only apply if the Borough permits an increase in approvable and developable gross residential density to at least twice the permitted approvable and developable gross residential density as of the effective date of this subsection.
4. 
Nothing in this subsection precludes the Borough or the Borough's Land Use Board from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to this subsection consistent with N.J.S.A. 52:27D-311(h) and other applicable law.
5. 
For inclusionary projects in which the low- and moderate-units are to be offered for sale, the appropriate set-aside percentage is 20%; for projects in which the low- and moderate-income units are to be offered for rent, the appropriate set-aside percentage is 15%. Where the set-aside percentage results in a fractional unit, the total set-aside requirement shall be rounded upwards to the next whole number.
6. 
This requirement does not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.
7. 
This requirement does not apply to any sites or specific zones otherwise identified in the Borough's Settlement Agreement with Fair Share Housing Center ("FSHC") dated August 31, 2017, or in the Borough's 2018 Housing Element and Fair Share Plan, for which density and set-aside standards shall be governed by the specific standards set forth therein.
8. 
Furthermore, this requirement shall not apply to developments containing four or fewer dwelling units.
9. 
Where a developer demolishes existing dwelling units and builds new dwelling units on the same site, the provisions of this subsection shall apply only if the net number of dwelling units is five or more.
10. 
All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this subsection.
11. 
All affordable units to be produced pursuant to this subsection shall comply with the Borough's Affordable Housing Ordinance at Chapter 29 of the Borough Code and the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.), as may be amended from time to time.
[Ord. No. 443; Ord. No. 458; 1972 Code § 130.501; Ord. No. 656 § 5; amended 11-24-2008 by Ord. No. 18-2008]
a. 
Any lawful nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the building so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof. The nonconforming use of a conforming or a nonconforming structure shall not be expanded, increased or enlarged. A nonconforming structure designed, arranged or devoted to a nonconforming use shall not be structurally enlarged unless the structure is changed to a conforming structure and provided the nonconforming use thereof is neither expanded, increased nor enlarged.
b. 
In any application where an addition is proposed to a nonconforming structure, the Zoning Official shall refer the matter to the Zoning Board of Adjustment. In any application where an addition, otherwise conforming, is proposed to a conforming structure located on a nonconforming lot, the Zoning Official may issue a building permit without referral to the Zoning Board of Adjustment.
[Ord. No. 443; 1972 Code § 130.502]
A nonconforming use in existence at the time of the passage of this chapter shall not be permitted to be changed to any use other than a conforming use.
[Ord. No. 443; 1972 Code § 130.503]
In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months for any reason other than a national emergency or act of God, the same shall be deemed to be an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter.
[Ord. No. 443; 1972 Code § 130.504]
Nothing in this chapter shall require any change in plans, construction or designated use of a structure for which a building permit has been lawfully heretofore issued when construction has been diligently prosecuted within six months of the date of issuance of such permit.
[Ord. No. 443; 1972 Code § 130.505]
A building permit for the reconstruction of any nonconforming use shall be applied for within 12 months from the time of such partial destruction. Nothing in this chapter shall prevent the restoration of a structure declared unsafe by any governmental authority.
[Ord. No. 443; 1972 Code § 130.506]
The foregoing provisions of this section shall also apply to building structures, land or uses which hereafter become nonconforming due to any reclassification of zone districts under this chapter, or any subsequent change in the regulations of this chapter.
[Ord. No. 443; 1972 Code § 130.507]
Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.
[Ord. No. 443; 1972 Code § 130.601; Ord. No. 825 § 1; Ord. No. 864 § 1; Ord. No. 1012 § 2; Ord. No. 1211A § 1; Ord. No. 1263 § 1; Ord. No. 1266 § 1]
a. 
The number of parking spaces required shall be governed by the use of the property in question and shall be as set forth below. If the determination of the number of required parking spaces results in a fractional space, the fraction shall require one additional parking space. Whenever there is a combination of uses, the total number of spaces shall be calculated proportionately as the sum of individual uses.
[Amended 1-25-2006 by Ord. No. 7-2007]
Use
Number of Spaces
Residential use
2 usable parking spaces for each new dwelling unit; provided, however, that garages as required in Subsection 34-6.8 may be counted in meeting the required spaces
Nursing homes, hospitals, convalescent homes
1 parking space for each bed
Motels, hotels and motor lodges
1 parking space for each rental unit and in addition compliance with the requirements for each particular additional use located on the same property, such as, but not limited to, restaurants, eating and drinking establishments and meeting rooms
Restaurants, taverns, drinking establishments catering halls, theaters, clubs, fraternal orders, country clubs, meeting halls, community buildings, social halls, places of public assembly, churches and other places of worship
1 parking space for each 100 square feet of floor area or 1 parking space for each 3 seats, or 1 parking space for each 72 inches of seating spaces when benches rather than seats are used, whichever of the 3 aforementioned alternatives shall be greater, plus one parking space for each 2 employees in the maximum work shift
Fast-food establishment
1 space for each 60 square feet of floor area, plus 1 space for each 2 employees in the maximum work shift
Warehouse
1 parking space for each 400 square feet of floor area, or 1 parking space for each employee in the maximum work shift, whichever of the aforementioned alternatives shall be the greater
Bowling lanes
5 parking spaces for each lane
Automobile service stations
4 parking spaces for each bay, plus 1 for each employee in the maximum work shift
Industrial and manufacturing uses, laboratory and research uses, business and professional uses, retail stores, store groups, shops and shopping centers, wholesale establishment
1 parking space for each 200 square feet of floor area
Banks
4 parking spaces for the first teller station; 3 parking spaces for the second teller station and 1 parking space for each additional teller station. In addition to the foregoing, if the bank has an automatic teller machine (ATM), there shall be 4 parking spaces for the first ATM, and 2 spaces for each additional ATM machine
The bank facility shall also provide 1 parking space for each 2 service desks or platform stations that are used to service their customers. Parking for offices within a bank shall be calculated at 1 space per 200 square feet
Funeral homes
10 spaces plus one space for each 50 square feet of chapel or slumber room
General business and professional offices, excluding medical and dental
1 parking space for each 200 square feet of floor area
Medical and dental offices
1 parking space for each 150 square feet of floor area
Child-care centers
1 parking space for each employee, plus 1 parking space for every 10 children, plus 1 parking space for each school bus
Business schools, technical schools, and professional schools and colleges
1 parking space for each one hundred 100 square feet of floor area
[1]
Editor's Note: Former Section 34-6.2, Off-street parking in the nonresidential zone districts, as amended, was repealed 4-8-2015 by Ord. No. 03-2015.
[Ord. No. 443; 1972 Code § 130.603]
In all districts for every building, or part thereof, hereafter erected which is to be occupied by manufacturing, storage, goods, display, retail store, wholesale store or warehouse, market, hospital, laundry, dry cleaning or other use similarly requiring the receipt or distribution in vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such building at least one off-street loading space.
a. 
Each loading space shall be at least 10 feet in width, 25 feet in length and have a fourteen-foot clearance above grade.
b. 
Such space shall only be provided in the required side or rear yard.
[Ord. No. 443; Ord. No. 648 § 1; Ord. No. 702 § 4; Ord. No. 864 § 1; Ord. No. 1012 §§ 2, 3; Ord. No. 1030 §§ 2, 3; Ord. No. 1032 § 1; Ord. No. 1163; Ord. No. 1163A; Ord. No. 11-1998 § 1; Ord. No. 7-2003 § 1]
a. 
Paving specifications.
1. 
Parking areas, aisles, parking spaces, private roadways and driveways are to be paved with not less than two-inch topping of F.A.B.C. or equivalent approved by the Planning Board over a base of not less than five inches of crushed stone.
2. 
A parking area shall be drained to dispose to all surface runoff to satisfaction of the Planning Board.
b. 
Minimum and maximum grades in parking areas.
1. 
A parking area shall have a minimum grade of 1/2% and a maximum grade of 6%.
2. 
Driveway intersections with any roadway shall not have a grade that exceeds 1.5% from the roadway curbline to a minimum distance of 35 feet from the curbline measured along the center line of the driveway.
c. 
Belgian block curbs. Curbs in all parking areas shall be of Belgian block, constructed in accordance with the construction standards and specifications of the Borough.
d. 
Regulations and sizes of parking stalls and aisles.
1. 
The accompanying Diagram A is amended to show nine feet instead of 9 1/2 feet for Dimension B for Standard Cars, 90° parking; and 18 feet instead of 19 feet for Dimension C for 90°, 60°, and 45° parking. No compact car spaces shall be permitted.
2. 
No required off-street parking space shall be located within the existing or proposed right-of-way of any road, nor within 10 feet of any existing or proposed right-of-way of a public street or highway.
3. 
Parking stalls shall be usable without excessive maneuvering required to use the parking spaces when all other spaces are occupied by vehicles. Parking stalls and aisles shall conform with Diagram A attached hereto and made a part hereof.[1]
[1]
Editor's Note: Diagram A is included at the end of this chapter.
e. 
Islands at ends of aisles. In order to provide visibility and delineation at the ends of parking aisles and when reasonably necessary for the public health and safety and welfare, provisions shall be made for safety islands to delineate feeder lanes from main access lanes. The islands shall be delineated by Belgian block curb as defined above and shall be of a size not less than shown on Diagram B attached hereto and made a part hereof.[2] The islands shall contain shrubbery and/or other landscaping approved by the Shade Tree Commission.
[Amended 10-10-2007 by Ord. No. 27-2007]
[2]
Editor’s Note: Diagram B is included at the end of this chapter.
f. 
Lighting. Any lighting to be installed on a site for off-street parking and/or site illumination shall meet the following standards:
1. 
All area lighting shall be downcast. There shall be no light spillover onto adjacent properties by area lighting on the site. All light fixtures near the perimeter of the site shall be shielded in order to prevent light spillover in any manner whatsoever.
2. 
Floodlight-type fixtures are not permitted.
3. 
The lighting design shall meet the following illumination criteria:
(a) 
Minimum 0.5 maintained footcandle.
(b) 
4:1 uniformity ratio average to minimum, on the parking area and aisles.
(c) 
Maximum pole mounting height as follows:
(1) 
For sites up to five acres: 25 feet.
(2) 
For sites greater than five acres: 35 feet.
(3) 
Poles shall meet wind loading requirements as specified in the BOCA Code.
The Planning Board shall have the discretion to grant a waiver to reduce these height requirements if the Planning Board determines that there are certain special circumstances, such as the location of the site and its proximity to a residential zone. The purpose in reducing such height requirements is to minimize the glow and/or sight of such lighting by neighboring residential properties.
4. 
The following information shall be submitted to and approved by the Planning Board for all lighting designs:
(a) 
A point-by-point printout of footcandles at ground level on the site every 10 feet.
(b) 
Designs shall use light loss factors to achieve maintained footcandle levels. The design shall be so certified by the designer and a copy of the certification submitted to the Planning Board.
(c) 
Manufacturer's data for the light fixtures used in the design shall be submitted to the Planning Board Engineer. Substitution for any component in an approved lighting design cannot be made without the approval of the Planning Board Engineer. Substituted items must meet the design criteria.
5. 
Flashing lights or intermittent illumination shall not be permitted. Lighting that changes color, intensity, or hue shall likewise not be permitted.
g. 
All nonresidential parking areas and parking areas for garden apartments shall be effectively screened on any side which adjoins or faces premises situated in any residence district by a fence, wall or hedge maintained in good condition as required by the Planning Board. The screen as required by this section may be waived by the Planning Board if, in the Board's judgment because of topographic or other extraordinary or exceptional conditions, the screen is not necessary to protect the adjoining residential property.
h. 
All off-street parking areas shall be used solely for the parking of vehicles and no commercial repair work or service of any kind shall be conducted on such parking lot. This shall not be construed to permit overnight storage of vehicles in any other than the rear yard area.
i. 
Off-street parking facilities as accessory to any use permitted in any zone shall be provided on the same lot with the permitted principal building, provided however, that any owner or group of owners of a nonresidential building or buildings may jointly sponsor off-street parking facilities, provided that the area of the parking facilities equals the total parking area requirements of each owner participating therein, and further provided that such jointly sponsored facilities comply with all the other requirements of this chapter.
j. 
All nonresidential uses shall be prohibited from having any type of parking other than ground level parking except that parking under a building shall also be prohibited.
k. 
All residential uses in the R-4, R-5, R-5a, T-3, T-6 and P.U.D. Zones are required to conform to the lighting requirements of Paragraph f of this subsection, when off-street parking areas are required or proposed. Any residential use that is permitted in a nonresidential zone, including any residential use that is granted a use variance in a nonresidential zone, where off-street parking is required or proposed, shall also conform to the lighting requirements of Paragraph f.
[Ord. 1159; Ord. No. 2-2005 § 1]
Portable signs are prohibited in all zone districts. Temporary signs are addressed specifically in Subsection 34-7.4.
[Ord. No. 1159; Ord. No. 2-2005 § 1]
No signs shall be erected, moved, replaced, altered or enlarged until a permit has been issued by the Building Inspector. If a sign is to be replaced or repainted using same colors, same lettering, same content and dimensions and is exact to what exists, there would be no permit required. Any and all renovations require a sign permit and are subject to review by the Design Review Board. Applications for sign permits shall be made on forms provided by the Building Inspector.
[Ord. No. 1159; Ord. No. 43-2002 § 1; Ord. No. 2-2005 § 1]
a. 
No sign shall be erected except on the premises of the use or activity to which such sign refers or which it identifies. There shall be no off-premises signs.
b. 
(Reserved)[1]
[1]
Editor’s Note: Former Paragraph b, which prohibited billboards, was repealed 1-25-2006 by Ord. No. 3-2006.
c. 
Strings or streamers of flags, pennants, spinners or other similar devices intended to attract attention are prohibited. Balloons, pennants, flags, banners and the like shall be permitted once a year or for grand openings, reopening or new ownership of a permitted use, provided that they shall not be displayed in excess of seven calendar days per year.
d. 
Signs placed on or hung in side the window glass of any buildings shall be limited to 20% of the area of the glass, but not to exceed 10 square feet in total.
[Amended 3-9-2011 by Ord. No. 05-2011]
e. 
All signs shall remain in a fixed position; revolving or moving signs are prohibited except for traditional symbols such as barberpoles. Flashing signs, accents, raceways or those lit by intermittent or varying intensity are prohibited. Signs painted or composed of fluorescent or phosphorescent or similar material are prohibited. Also prohibited are signs, accents and raceways made of exposed gas-filled tubing.
f. 
Roof signs and signs on mansard surfaces are prohibited.
g. 
Illumination of signs shall be arranged in a manner that no direct glare is visible outside the boundaries of the lot upon which the sign is erected and in a manner that does not create any impediments to pedestrian or vehicular traffic.
h. 
Signs deemed necessary to the public welfare by the governing body shall be permitted.
i. 
At the termination of a business, commercial or industrial enterprise, all sign boxes and sign frames pertaining thereto shall be removed within 30 days of the termination of a business, commercial or industrial enterprise. Responsibility for a violation hereof shall reside with the property owner according to the latest Official Tax Roll Listing.
j. 
Any lettering on a canopy or awning is considered a sign and is subject in all respects to the regulations concerning signs.
k. 
Reader board signs of any type including mechanical or electronic lettering are prohibited with the exception of churches, theaters, and gas stations. Gas station reader boards are permitted solely to post gas prices; in B-1, B-1A, and B-2 Zones these signs are limited to six square feet; in B-3 Zones the limit is eight square feet.
l. 
A sign should have no more than two predominant colors. Black and white are not counted as colors.
m. 
A sign is meant to identify an establishment. There shall be no advertising, no phone number and no E-mail address on the sign.
n. 
Any sign that violates any of the provisions of this section or is in such state of disrepair as shall, in the opinion of the Planning Board, be considered esthetically objectionable, shall be removed by the owner, agent or person 15 days after written notification. Upon failure to comply with such notice, the Construction Official/Building Inspector or Police Officer is authorized to cause the removal of such sign, and any expense incident thereto shall be charged against the owner of the premises upon which the sign is located.
o. 
Any existing sign not in compliance with these regulations shall be removed upon succession of the premises to a subsequent tenant.
p. 
Permit fees and fines: (available at the Ramsey Borough Hall).
q. 
Should any section or subsection of this chapter be found unconstitutional or invalid, such provision shall be deemed severable.
[Ord. No. 1159; Ord. No. 2-2005 § 1]
Temporary signs shall be permitted as follows:
a. 
In a residential zone district one nonilluminated sign advertising the prospective sale or rental of the premises on which it is located, not exceeding four square feet in area, either attached to the wall of the building or a ground sign set back a minimum of 10 feet from the street, provided that it shall be maintained and removed within seven days after the completion of a sale or lease of the premises.
b. 
In any nonresidential zone district a maximum of two nonilluminated signs advertising the prospective sale or rental of the premises on which they are located, not exceeding 10 square feet in area, six feet in height, either attached to the wall of the building or a ground sign, set back a minimum of 10 feet from the street, provided that they shall be maintained and removed within seven days after the completion of a sale or lease of the premises.
c. 
A maximum of two nonilluminated signs on sites where construction is in progress pursuant to a Planning Board approved site plan or major subdivision, not exceeding 25 square feet in area, and provided that they shall be maintained and removed within seven days after completion of the construction work.
d. 
Signs for public and charitable purposes not exceeding 25 square feet in area, provided the same do not otherwise violate the provisions of this chapter for a period not exceeding one month.
e. 
Signs for political purposes provided the same are removed within seven days after the election date applicable to such sign.
f. 
A temporary sign pending approval of a permanent sign shall be granted at the discretion of the Board. Permission to use a temporary sign in no way implies approval, and the temporary sign may be required to be removed if the permanent sign is not approved.
[Ord. No. 1159; Ord. No. 2-2005 § 1]
Only the following signs shall be permitted in residential zones:
a. 
One nameplate sign not exceeding one square foot in area identifying a professional office conducted in the building on which the sign is displayed; any illumination thereof shall be indirect and nonintermittent.
b. 
One sign not exceeding 15 square feet in surface display area shall be permitted for a church, school, hospital or governmental agency, either attached to the wall of the building, or, if a ground sign, set back a minimum of 20 feet from the street line. Such signs may be illuminated by direct lighting, provided it is so screened that light is not directed or reflected toward any adjacent residence.
c. 
Nothing in these provisions shall prohibit residential nameplates, symbols or window stickers from use on a residential property or structure.
[Ord. No. 1159; Ord. No. 1257 § 1; Ord. No. 1257A § 1; Ord. No. 2-2005 § 1]
Only the following signs shall be permitted in the business zones:
a. 
In the B-1, B-1A, B-2, and B-3 Zones for office, retail, banking and service establishments, one sign, located on the facade and/or canopy/awning of the building, shall be permitted for each establishment that has its own exterior public entrance and shall refer only to that establishment. The sign on the facade and/or canopy/awning shall be limited in size to one square foot of surface display area for each foot of the building frontage of the retail or service establishment, with a maximum display area of 40 square feet, and a length of not more than 75% of the building frontage. In the B-1 and B-1A Zones, and in those portions of the B-2 and B-3 Zones that front on Main Street, Lake Street, and Franklin Turnpike, facade signs shall not be internally illuminated.
Any exterior lighting of a sign shall be installed so that there is no light spillover onto adjacent properties. Light fixtures shall be shielded so as to prevent light spillover and glare to the public.
b. 
In the B-1 and B-1A Zones and in that portion of the B-2 Zone which fronts on East Main Street, office, retail, banking and service establishments which are located on a lot of more than 10,000 square feet in area shall be permitted to have one ground sign per lot, not internally illuminated, in addition to the facade signs. The ground sign shall be limited in area to 12 square feet and shall be limited in height to eight feet from ground level and shall be set back at least eight feet from the property line.
c. 
Shopping centers in the B-1, B-1A, and B-2 Zones shall be permitted one ground sign, which may be a directory sign, limited in area to 25 square feet, limited in height to eight feet, and set back a minimum of eight feet from the property line.
d. 
Businesses in the B-3 Zone may have a pylon sign, not exceeding 40 square feet in area and not exceeding 20 feet in height, set back a minimum of 10 feet from the property line, plus individual facade signs for individual office, retail, banking and service establishments within the building. Each individual facade sign shall be limited to one square foot of display area for each foot of building frontage occupied by the retail, service or banking establishment, and to a maximum of 40 square feet per establishment.
Shopping centers in the B-3 Zone shall also be permitted one ground sign, which may be a directory sign for the main customer entrance from the street, limited in area to 40 square feet, limited in height to eight feet from ground level and set back at least 10 feet from the property line. Shopping centers within the B-3 Zone providing a second major entrance for customers from a different street shall be permitted one additional ground sign, which may be a directory sign, limited in area to 25 square feet, to eight feet from ground level, and set back a minimum of 10 feet from the property line.
A shopping center for the purpose of this chapter is defined as the entirety of five or more distinct retail, banking, or service establishments on one lot within one contiguous structure plus any additional establishment within additional structures, all of which share an adjacent, paved, off-street parking area for in excess of 40 automobiles and available for use in common by their customers.
e. 
A single office, business, commercial or professional building having more than one tenant may erect and maintain a directory of the tenants in the form of one wall or ground sign comprising a series of horizontal panels, uniform as to color and dimensions and as to the type of lettering. The number of panels shall not exceed the number of tenants. No tenant shall be listed more than once. No other signs shall be permitted on such a multi-use building except one sign displaying the name of the building and conforming to the sign requirements in that zone. The directory sign must be set back a minimum of 10 feet from the property line, limited in height to eight feet from ground level, limited in area to 12 square feet for lots less than 20,000 square feet and limited in area to 25 square feet for lots of 20,000 square feet or more.
f. 
Canopies and awnings must have a minimum clearance of eight feet above the public right-of-way.
g. 
Entrance and exit signs. One double-faced or single-faced or freestanding sign shall be permitted at each entrance or exit driveway for the purpose of directing motorists safely into and out of the property. Said signs shall not exceed four square feet in area nor extend more than three feet above ground level. Such signs must have reflective surface or low-voltage interior illumination; exterior illumination shall not be permitted. The content of each sign shall consist only of directional arrows and/or the word "In" or "Enter" or "Exit", with the sole addition of a one-word name or other identification. Said signs shall be located within the property line.
h. 
Restaurants and food establishments located in the B1 Zone may be permitted one outside menu sign. This sign may be double-faced and shall be a chalkboard-type sign, maximum of three feet high and 1 1/2 feet wide. The following limitations apply:
[Added 8-24-2011 by Ord. No. 16-2011]
1. 
The sign shall be removed each evening 1/2 hour before dusk.
2. 
There shall be no illumination of any type within the sign or directed to the sign.
3. 
The sign cannot impede sidewalk pedestrian traffic and must comply with ADA regulations.
4. 
The sign cannot be displayed anywhere other than in front of the business.
5. 
No pricing of menu items is permitted on the sign.
6. 
The sign shall be for the express purpose of informing the public of menu items or food items for sale at businesses where food items are the main use and where food is prepared on site. No advertisement, political or social statements shall be permitted as a condition precedent for the placement of a sign as contemplated by this subsection.
7. 
A hold harmless agreement shall be executed by the sign owner, establishment placing the sign, and the establishment whose name is posted to the Borough of Ramsey in the event of any accidents, falls or injuries of any kind incurred by the placement of the sign.
8. 
A permit shall be obtained for each sign through the Zoning Department.
[Ord. No. 1159; Ord. No. 2-2005 § 1]
Only the following signs shall be permitted in the Industrial Park and Laboratory and Office Building Zones (IPLO Zones):
a. 
Industrial park and laboratory and office building uses shall be permitted one facade sign and/or one ground sign per building, limited to one square foot of sign area per one foot of frontage of the building on which the sign is displayed, with a maximum surface display area of 40 square feet; ground sign is limited to four feet in height with a maximum area of 12 square feet, and set back at least 15 feet from the property line.
b. 
In addition, an industrial park and a laboratory and office building shall be permitted one ground sign for each major entrance on a different street, limited in area to 25 square feet each, limited in height to four feet from ground level and set back at least 15 feet from the property line.
[Ord. No. 585; 1972 Code § 130.801]
Any person desiring to use any premises or to erect, construct or alter any new or existing building or structure arranged, intended or designed to be used as a public garage or service station shall make application therefor in writing to the Ramsey Planning Board in accordance with the site plan requirements of Subsections 34-4.13 to 34-4.18, inclusive, of this chapter, the Zoning Ordinance of Ramsey, as amended and supplemented.
[Ord. No. 585; 1972 Code § 130.802]
Anything in this chapter to the contrary notwithstanding, the Planning Board shall not order, direct or authorize the issuance of a permit to use any building, structure or premises as or for a public garage or service station unless the plot plan shows that:
a. 
The lot or parcel of land so to be used has a street frontage of at least 150 feet and an average depth of at least 150 feet.
b. 
The entrance and exit driveway or driveways are at least 15 feet wide but not more than 25 feet wide and 10 feet from the adjoining property line and at least 50 feet from the corner of intersecting public streets.
c. 
Every gasoline or oil tank, pump, lift, filling, greasing or other device, appliance or apparatus is located at least 25 feet from any street line and at least 15 feet from the side and rear lines of the premises, and at least 50 feet from any adjoining residential zone line.
d. 
The nearest boundary line of the lot or parcel of land so to be used is at least 300 feet from any boundary line of property which is used as, or upon which is erected:
1. 
A public or private school;
2. 
A church or other place of worship;
3. 
A hospital;
4. 
A public library, public art museum or other public building;
5. 
A theater or other building or structure used or intended to be used for motion picture, theatrical or operative productions, or for public entertainment;
6. 
A public playground or civic center;
7. 
A fire house or fire station;
8. 
An existing service station.
[Ord. No. 648 § 2; 1972 Code § 13.803]
An accessory building, not to exceed 20 square feet, with no side exceeding five feet, and not exceeding a height of eight feet, shall be allowed on any lot presently containing a public garage or service station. This accessory building shall be placed within the front yard, and as close to the pump island or pump area as is physically possible. Further, the building may only be used as a temporary shelter for garage personnel against the weather or elements.
[Ord. No. 443; 1972 Code § 130.901; Ord. No. 32-2003 § 1]
Public utilities and any public or institutional uses, as defined in Section 34-3, while necessary and desirable, may not serve the public good and welfare if located without due consideration of conditions and surroundings. Such uses may be permitted in any of the zone districts, provided however, no building permit or certificate of occupancy shall be issued for such use unless recommendation for approval therefor has been first obtained from the Board of Adjustment as a special exception use.
[Ord. No. 504; 1972 Code § 130.902]
Any person desiring to use any premises, or to erect, construct or alter any new or existing building or structure arranged, intended or designed to be used as a public utility, public or institutional use, as defined in Section 34-3, shall make application in writing to both the Planning Board and the Board of Adjustment by filing the same with the Secretary of each Board. Application shall be made by either the legal or equitable owner and where the applicant is a person other than the owner of the premises, the written consent of such owner or owners authorizing the filing of such application shall be submitted. Such applications shall set forth the following information and shall be accompanied by a site plan drawn to scale showing the following;
a. 
Property lines and dimensions of the tract and proposed development including the existing and proposed structures and uses.
b. 
The location, dimensions and capacity of all areas to be used for motor vehicle parking.
c. 
The width of the street or streets and paved portions thereof upon which the premises abut.
[Ord. No. 504; 1972 Code § 130.903; Ord. No. 788 § 3; Ord. No. 32-2002 § 1]
Upon the filing of such application with the Board of Adjustment and receipt of the advisory opinion from the Planning Board, as required by Subsection 34-9.2, the Board of Adjustment shall fix a date and place for a public hearing to be held on such application and notices thereof shall be given by the Board and the applicant in the manner described in Chapter 31, Section 31-2. The Board in each case shall consider the advisory opinion of the Planning Board, the size, character and nature of the proposed use, the surrounding open areas, the street capacity and use, parking areas and traffic flow, and similar factors to determine whether the public health, safety, comfort, convenience and welfare will be safeguarded and the general character of the neighborhood preserved. The Board of Adjustment shall take action within 90 days of the submission of the application. Upon failure to so act within the required time, the application shall be deemed denied.
[Ord. No. 443; 1972 Code § 130.904; Ord. No. 32-2003 § 1]
If such application is approved by the Board of Adjustment, the Construction Official shall forthwith issue a permit or certificate of occupancy providing all other requirements of this chapter are complied with.
[Ord. No. 433; Ord. No. 544; Ord. No. 574; Ord. No. 717 § 2; Ord. No. 898 § 1; 1972 Code § 130.1001; Ord. No. 1004 § 1]
In the R-1 Residence District only the following uses are permitted:
a. 
Single-family dwellings.
b. 
All public buildings and public or institutional uses, but the procedure set forth in Section 34-9 shall be followed.
c. 
Signs conforming to Section 34-7.
d. 
Accessory uses customarily incident to the above uses, provided they do not include any activity commonly conducted for gain unless specifically permitted in this subsection.
e. 
Private garages conforming to Subsection 34-4.8.
f. 
Parking and parking facilities conforming to Section 34-6.
g. 
Temporary permits as regulated in Subsection 34-4.10.
h. 
Public parks and playgrounds.
i. 
Private swimming pools as regulated by other ordinances of the Borough.
[Ord. No. 443; Ord. No. 458; Ord. No. 468; Ord. No. 574; 1972 Code § 130.1002; Ord. No. 736 § 1; Ord. No. 736-A § 1; Ord. No. 7-1998 § 2]
The following requirements must be complied with in the R-1 Residence District.
a. 
Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.
b. 
Front yard. There shall be a front yard of not less than 50 feet. Off-street parking as required is permitted in the front yard area, provided however it is limited to the area intended, designed or used as a driveway.
c. 
Side yard. There shall be two side yards and no side yard shall be less than 25 feet. Off-street parking as required is permitted in the side yard provided the parking area is not closer than five feet from any adjoining property line.
d. 
Rear yard. There shall be a rear yard of at least 50 feet. Off-street parking as required is permitted in the rear yard provided the parking is not closer than five feet from any adjoining property line.
e. 
Minimum lot area. There shall be a minimum lot area of 40,250 square feet. The area shall be measured within 230 feet of the front street property line provided no lot shall measure less than 100 feet at the front street line.
[Amended 7-13-2016 by Ord. No. 14-2016]
f. 
Minimum floor area. No one-story dwelling shall hereafter be erected unless the building has a minimum floor area of 1,200 square feet. No two-story dwelling shall hereafter be erected unless the building has a minimum floor area of 800 square feet on the first floor. No building shall be considered a two-story dwelling unless the second floor thereof shall contain at least 75% of the cubic contents of the first floor. For purposes of this section, split level homes shall be considered as a two-story house.
g. 
Corner lot setback. Where a lot is bounded by more than one street, the front yard or setback requirement shall be met on both abutting streets.
h. 
Reduced lots. When the size of any lot in this R-1 District is reduced pursuant to the provisions herein for open space zoning, the minimum requirements for the front, side and rear yards shall also be reduced to the dimensions and other limitations as required for the yards in the R-2 Residence District Zone.
i. 
Garages. No garage existing in this zone or hereafter constructed in this zone as an accessory building or as part of the main building or attached thereto in connection with a residential use may be removed or converted to a different use unless another garage is simultaneously constructed on the same lot as provided for in Subsection 34-4.8.
j. 
Maximum building coverage. The maximum building coverage permitted in the R-1 Residence District shall be 12%.
[Amended 1-26-2006 by Ord. No. 4-2006]
k. 
Maximum impervious coverage. The maximum impervious coverage permitted in the R-1 Residence District shall be 30%.
[Amended 1-26-2006 by Ord. No. 4-2006]
l. 
Maximum living space. The maximum living space permitted in the R-1 Residence District shall be 5,500 square feet.
[Amended 1-26-2006 by Ord. No. 4-2006; 3-22-2006 by Ord. No. 10-2006]
[Ord. No. 443; Ord. No. 574; Ord. No. 717 § 3; 1972 Code § 130.1101; Ord. No. 100-B § 1]
In the R-2 Residence District only the following uses are permitted:
a. 
Single-family dwellings.
b. 
Any use as permitted and regulated in the R-1 Residence District.
c. 
Customary home occupations such as dressmaking, millinery, hairdressing, manicuring and home cooking, provided that such occupations shall be conducted and operated solely by resident occupants of the main building and provided that such occupation does not occupy an area greater than 1/4 of the first floor area and that no display of products or goods or services rendered shall be visible from outside the dwelling. Such use shall be clearly and exclusively incidental to the use of the dwelling for dwelling purposes and shall not change the character thereof. The conducting of an animal hospital, barbershop, beauty parlor, clinic, hospital, tea room or any similar use shall not be deemed to be a home occupation. No accessory building shall be used for a home occupation.[1]
[1]
Editor’s Note: Former Paragraph d, which immediately followed this paragraph and provided for certain low-income senior citizen housing as a permitted use, subject to certain conditions, was repealed 1-25-2006 by Ord. No. 5-2006.
[Ord. No. 443; Ord. No. 574; 1972 Code § 130.1102; Ord. No. 736 § 2; Ord. No. 736-A § 2; Ord. No. 7-1998 § 3]
The following requirements shall be complied with in the R-2 Residence District:
a. 
Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.
b. 
Front yard. There shall be a front yard of not less than 50 feet. Off-street parking, as required, is permitted in the front yard area provided however it is limited to the area intended, designed or used as a driveway.
c. 
Side yard. There shall be two side yards and no side yard shall be less than 15 feet. Off-street parking as required is permitted in the side yard provided the parking area is not closer than five feet from any adjoining property line.
d. 
Rear yard. There shall be a rear yard of at least 50 feet. Off-street parking as required is permitted in the rear yard, provided the parking area is not closer than five feet from any adjoining property line.
e. 
Minimum lot area. There shall be a minimum lot area of 25,000 square feet. This area shall be measured within 200 feet of the front street property line, provided no lot shall measure less than 100 feet at the front street line.
f. 
Minimum floor area. No one-story dwellings shall hereafter be erected unless the building has a minimum floor area of 1,200 square feet. No two-story dwelling shall hereafter be erected unless the building has a minimum floor area of 800 square feet on the first floor. No building shall be considered a two-story dwelling unless the second floor thereof shall contain at least 75% of the cubic contents of the first floor. For purposes of this section, a split level home shall be considered as a two-story house.
g. 
Corner lot setback. Where a lot is bounded by more than one street, the front yard or setback requirement shall be met on both abutting streets.
h. 
Garages. No garage existing in this zone or hereafter constructed in this zone as an accessory building or as a part of the main building or attached thereto in connection with a residential use may be removed or converted to a different use unless another garage is simultaneously constructed on the same lot as provided for in Subsection 34-4.8.
i. 
Maximum building coverage. The maximum building coverage permitted in the R-2 Residence District shall be 15%.
[Amended 1-26-2006 by Ord. No. 4-2006]
j. 
Maximum impervious coverage. The maximum impervious coverage permitted in the R-2 Residence District shall be 30%.
[Amended 1-26-2006 by Ord. No. 4-2006]
k. 
Maximum living space. The maximum living space permitted in the R-2 Residence District shall be 4,500 square feet.
[Amended 1-26-2006 by Ord. No. 4-2006; 3-22-2006 by Ord. No. 10-2006]
[Ord. No. 443; Ord. No. 574; Ord. No. 717 § 4; 1972 Code § 130.120]
In the R-3 Residence District only the following uses are permitted:
a. 
Single-family dwellings.
b. 
Any use as permitted and regulated in the R-1 and R-2 Residence Districts.
[Ord. No. 574; Ord. No. 736 § 3; 1972 Code § 130.1201; Ord. No. 736-A § 3; Ord. No. 7-1998 § 4]
The following requirements shall be complied with in the R-3 Zone.
a. 
Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.
b. 
Front yard. There shall be a front yard of not less than 40 feet except that where the existing building on the same side of the street and within 500 feet from an established setback, new buildings shall conform to such established line, provided no new building may project closer than 35 feet to the front property line nor need setback more than 50 feet from the property line. Off-street parking as required is permitted in the front yard area, provided however, that it is limited to the area intended, designed or used as a driveway.
c. 
Side yard. There shall be two side yards, and no side yard shall be less than 10 feet. Off-street parking as required is permitted in the side yard, provided the parking area is not closer than five feet from any adjoining property line.
d. 
Rear yard. There shall be a rear yard of at least 25 feet. Off-street parking as required is permitted in the rear yard, provided the parking area is not closer than five feet from any adjoining property line.
e. 
Minimum lot area. There shall be a minimum lot area of 14,000 square feet. This area shall be measured within 140 feet of the front street property line, provided no lot shall measure less than 75 feet at the front street line.
f. 
Minimum floor area. No one-story dwelling shall hereafter be erected unless the building has a minimum floor area of 1,100 square feet. No two-story dwelling shall hereafter be erected unless the building has a minimum floor area of 725 square feet on the first floor. No building shall be considered a two-story dwelling unless the second floor thereof shall contain at least 75% of the cubic contents of the first floor. For purposes of this section, split-level homes shall be considered as a two-story house.
g. 
Corner lot setback. Where a lot is bounded by more than one street, there shall be a minimum front yard setback of 40 feet and a setback of at least 20 feet from the side street line.
h. 
Garages. No garage existing in this zone or hereafter constructed in this zone as an accessory building or as part of the main building or attached thereto in connection with a residential use may be removed or converted to a different use unless another garage is simultaneously constructed on the same lot as provided for in Subsection 34-4.8.
i. 
Maximum building coverage. For lots of 10,000 square feet and over the maximum building coverage permitted in the R-3 Residence District for lots over 10,000 square feet shall be 15%.
[Amended 1-26-2006 by Ord. No. 4-2006; 3-22-2006 by Ord. No. 10-2006]
j. 
Maximum building coverage. For lots of 10,000 square feet and over the maximum building coverage permitted in the R-3 Residence District for lots under 10,000 square feet shall be 20%.
[Amended 1-26-2006 by Ord. No. 4-2006; 3-22-2006 by Ord. No. 10-2006]
k. 
Maximum impervious coverage. The maximum impervious coverage for lots of 10,000 square feet and over permitted in the R-3 Residence District shall be 35%.
[Amended 1-26-2006 by Ord. No. 4-2006; 3-22-2006 by Ord. No. 10-2006]
l. 
Maximum impervious coverage. The maximum impervious coverage for lots under 10,000 square feet in the R-3 Residence District shall be 40%.
[Amended 1-26-2006 by Ord. No. 4-2006; 3-22-2006 by Ord. No. 10-2006]
m. 
Maximum living space for lots of 10,000 square feet and over. The maximum living space permitted for lots of 10,000 square feet and over in the R-3 Residence District shall be 3,500 square feet.
[Amended 1-26-2006 by Ord. No. 4-2006; 3-22-2006 by Ord. No. 10-2006]
n. 
Maximum living space for lots under 10,000 square feet. The maximum living space permitted for lots under 10,000 square feet in the R-3 Residence District shall be 3,000 square feet.
[Amended 1-26-2006 by Ord. No. 4-2006; 3-22-2006 by Ord. No. 10-2006]
[Ord. No. 444; Ord. No. 574; 1972 Code § 130.1301]
In the R-4 Multifamily District only the following uses are permitted:
a. 
Residences containing not more than four dwelling units.
b. 
Any use permitted in the R-1 and R-2 Residence Districts except home occupations and professional uses in multifamily dwellings.
[Ord. No. 444; Ord. No. 458; Ord. No. 468; Ord. No. 574; Ord. No. 736 § 4; Ord. No. 946, § 18; 1972 Code § 30.1302; Ord. No. 736-A § 4; Ord. No. 7-1998 § 5]
The following requirements shall be complied with in the R-4 District:
a. 
Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.
b. 
Front yard. There shall be a front yard of not less than 20 feet. Off-street parking as required is permitted in the front yard area; provided, however that it is limited to the area intended, designed or used as a driveway.
c. 
Side yard. There shall be two side yards, and no side yard shall be less than four feet. Off-street parking as required may be permitted in the side yard, provided it is at no point closer than four feet to the side lot line.
d. 
Rear yard. There shall be a rear yard of at least 20 feet which may be occupied by either accessory buildings or off-street parking provided the uses are not closer than four feet from the rear line.
[Amended 2-28-2007 by Ord. No. 7-2007]
e. 
Minimum lot area. There shall be a minimum lot area of 7,500 square feet for all single-family structures and 4,000 square feet of lot area per each dwelling unit for structures containing two or more dwelling units. No lot shall measure less than 75 feet at the front street line.
f. 
Minimum floor area. Every single-family structure shall meet the minimum floor area requirements in the R-3 Zone. Structures containing more than one dwelling unit shall provide a minimum floor area of 625 square feet per dwelling unit.
g. 
Corner lot setback. Where a lot is bounded by more than one street, the front yard or setback requirement shall be met on both abutting streets.
h. 
Garages. No garage existing in this zone or hereafter constructed in this zone as an accessory building or as a part of the main building or attached thereto in connection with a residential use may be removed or converted to a different use unless another garage is simultaneously constructed on the same lot as provided for in Subsection 34-4.8.
i. 
Maximum building coverage. The maximum building coverage permitted in the R-4 Multifamily District shall be 20%.
[Amended 1-26-2006 by Ord. No. 4-2006]
j. 
Maximum impervious coverage. The maximum impervious coverage permitted in the R-4 Multifamily District shall be 40%.
[Amended 1-26-2006 by Ord. No. 4-2006]
k. 
Maximum living space. The maximum living space permitted in the R-4 Multifamily District shall be 3,000 square feet.
[Amended 1-26-2006 by Ord. No. 4-2006]
[Ord. No. 443; Ord. No. 574; 1972 Code § 130.1401; Ord. No. 950A § 7]
In the R-5 Garden Apartment and Townhouses District only the following uses are permitted:
a. 
Garden Apartments and Townhouses.
b. 
Any use permitted in the R-1, R-2 and R-3 Residence Districts except home occupations and professional uses in garden apartments and townhouses.
[Ord. No. 443; Ord. No. 449; Ord. No. 574; 1972 Code § 130.1402; Ord. No. 950A § 7]
The following requirements shall be complied with in the R-5 Residence District.
a. 
Single-family dwellings. All single-family dwellings shall meet the requirements of the R-3 Residence District.
b. 
Garden apartments and townhouses. All garden apartments and townhouses shall meet the following requirements.
1. 
Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.
2. 
Yards. No garden apartments or townhouse shall be located nearer than 50 feet to any abutting street right-of-way line. Garden apartments and townhouses, whether consisting of one or more buildings on the same lot and notwithstanding the provisions of Subsection 34-4.4, shall be so designed that no structure containing a dwelling unit shall be closer than 40 feet to any abutting property line.
3. 
Minimum lot area. Garden apartments and townhouses shall not exceed 12 dwelling units per acre; provided, however, that no garden apartment or townhouse shall be permitted on a lot less than one acre.
4. 
Landscaping. All garden apartments and townhouses shall be landscaped in accordance with the requirements of the Shade Tree Commission, and all existing trees shall be retained wherever possible.
5. 
Maximum impervious coverage. Improved land coverage, including building, driveways, walkways, parking areas and other impervious surfaces permitted in the R-5 Garden Apartment District shall not exceed 50%.
[Amended 3-22-2006 by Ord. No. 10-2006]
6. 
Service areas. Screened clothes drying areas shall be provided in a location approved by the Planning Board.
7. 
Lot coverage. The total building area of any lot shall not exceed 20% of the total lot area.
8. 
Site plan approval. Prior to the issuance of any building permit the Planning Board shall review and approve a site plan of the entire project which shall show adequate provision for and compliance with all required conditions.
9. 
Maximum living space. The maximum living space permitted in the R-5 Garden Apartment District shall be 1,200 square feet.
[Added 3-22-2006 by Ord. No. 10-2006]
[Ord. No. 950A § 10; Ord. No. 1010 § 1; Ord. No. 1010A § 1; Ord. No. 1010A § 2; Ord. No. 1010B § 1, Ord. No. 1010C §§ 1-4; Ord. No. 1219 § 1; Ord. No. 21-2005 § 2, Ord. No. 33-2005 § 1; amended 3-22-2006 by Ord. No. 10-2006; 5-23-2018 by Ord. No. 11-2018]
a. 
Garden apartments.
a. 
All developments in the R-5A Zone shall be required to set aside a minimum of 20% of all dwelling units for affordable housing. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
b. 
All affordable units to be produced pursuant to this section shall comply with the Borough's Affordable Housing Ordinance at Chapter 29 of the Borough Code, the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.) and the Borough's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units:
1. 
Low/moderate income split: A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted rental units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.
2. 
Bedroom mix: If the development is not age-restricted, the following bedroom mix shall apply:
(a) 
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
(b) 
At least 30% of all low- and moderate-income units shall be two-bedroom units;
(c) 
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
(d) 
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
3. 
Deed restriction period: All affordable units shall be deed restricted for a period of 30 years from the date of the initial occupancy of each affordable unit (the "deed-restriction period"). The affordability controls shall expire at the end of 30 years after the date of the initial occupancy of the respective individual affordable unit, except, as to rental units, the affordability controls shall remain in effect until the date on which a rental unit shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the end of 30 years after the date of initial occupancy, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of either the next scheduled lease renewal or 60 days. Ibid.[1] For for-sale units, the deed restriction shall expire only after it is properly released by the Borough and/or the Borough's administrative agent.
[1]
Editor's Note: See N.J.A.C. 5:80-26.11(b).
4. 
Administrative agent. All affordable units shall be administered by a qualified administrative agent paid for by the developer.
5. 
Other affordable housing unit requirements. Developers shall also comply with all of the other requirements of the Borough's Affordable Housing Ordinance,[2] including, but not limited to, affirmative marketing requirements, candidate qualification and screening requirements, integrating the affordable units amongst the market rate units, and unit phasing requirements. Developers shall ensure that the affordable units are dispersed between all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.
[2]
See Ch. 29, Affordable Housing.
The minimum size of each development parcel shall be four acres. Minimum frontage on an improved or approved public street shall be 200 feet.
a. 
Development density shall not exceed 20 units per acre of total development tract area.
b. 
Land coverage by buildings shall not exceed 30%.
c. 
Improved land coverage, including buildings, driveways, walkways, parking areas, and other impervious surfaces, shall not exceed 50%.
a. 
Maximum building height shall be 35 feet. There shall be not over two stories at building entrances, but total building height may be three stories on sloping sites.
b. 
Minimum setback from property lines shall be 50 feet. No parking shall be allowed within this setback area on street sides, or within 10 feet of property lines on other sides.
c. 
Minimum separation between buildings shall be 35 feet, or 20 feet between ends of buildings where the depth of the building is not over 30 feet.
d. 
Maximum living space. The maximum living space permitted in the R-5A Garden Apartment District shall be 2,000 square feet.
a. 
All open areas shall be left in their natural state or landscaped.
a. 
All developments shall provide the minimum number of off-street parking spaces as required per the Residential Site Improvement Standards at N.J.A.C. 5:21. All parking spaces and internal roadways or driveways within the development shall be designed in accordance with the Residential Site Improvement Standards at N.J.A.C. 5:21.
[Ord. No. 874 § 1; 1972 Code § 130.1450]
In the T-3 and T-6 Residence Districts, only the following uses are permitted:
a. 
Townhouses consisting of not more than six and not fewer than two dwelling units.
b. 
All uses outlined in Subsection 34-13.1, Paragraphs c, e, f, g, h and j.
c. 
Any use permitted in the R-1, R-2 and R-3 Residence Districts except home occupations and professional uses.
[Ord. No. 874 § 1; 1972 Code § 130.1451; Ord. No. 1070 § 1]
The following requirements shall be complied with in the T-3 and T-6 Residence Districts, except for single-family houses, the requirements of the R-3 Residence District shall apply:
a. 
Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is lesser.
b. 
Front yard. There shall be a front yard of not less than 30 feet. Off-street parking as required is permitted in the front yard area; provided, however, that it is limited to the area intended, designed or used as a driveway.
c. 
Corner lot setback. Where a lot is bound by more than one street, the front yard or setback requirements shall be met on both abutting streets.
d. 
Distances between buildings. The minimum distance between buildings other than buildings having common walls shall be 25 feet.
e. 
Improved land coverage. The improved land coverage, including buildings, driveways, walkways, parking areas and other impervious surfaces permitted in the T-3 and T-6 Townhouse Residence Districts shall not exceed 50%.
[Added 3-22-2006 by Ord. No. 10-2006]
f. 
Maximum building coverage. The maximum building coverage permitted in the T-3 and T-6 Townhouse Residence Districts shall be 20%.
[Added 3-22-2006 by Ord. No. 10-2006]
g. 
Maximum living space. The maximum living space permitted in the T-3 and T-6 Townhouse Residence Districts shall be 2,500 square feet.
[Added 3-22-2006 by Ord. No. 10-2006]
[Ord. No. 874 § 1; 1972 Code § 130.1452]
No tract, parcel or lot shall be developed as a townhouse district unless it shall contain a minimum of five acres adjoining and contiguous land, provided that it shall have sufficient access to an approved and improved street. For the purpose of this subsection, internal streets and rights-of-way shall not be deemed to divide the acreage of a townhouse district.
[Ord. No. 874 § 1; 1972 Code § 130.1453]
a. 
In the T-3 Residence District, there shall not be more than three dwelling units per acre.
b. 
In the T-6 Residence District, there shall be not more than six dwelling units per acre.
[Ord. No. 874 § 1; 1972 Code § 130.1454]
It shall be in the interest of this chapter to encourage townhouse development in an orderly and coordinated manner. Accordingly, if less than the entire townhouse district in either the T-3 or T-6 Zones is planned for development, then any proposed plan must permit street extensions into future adjoining townhouse areas that will provide a common street system and access facilities.
The right-of-way and pavement widths of all internal streets and roads shall be determined from sound planning and engineering standards and designed to accommodate anticipated traffic, parking and loading needs as well as the access and circulation needs of fire-fighting and Police vehicles. All streets and roads either dedicated or privately owned and maintained shall be subject to all municipal ordinances as well as the laws of the State of New Jersey.
[1]
Editor’s Note: Former Subsection 34-22.6, Recreation areas, was repealed 3-22-2006 by Ord. No. 10-2006.
[Ord. No. 874 § 1; 1972 Code § 130.1456]
Two usable parking spaces for each dwelling unit shall be required except that garage space may be counted in meeting the required number. Where the paved widths of the streets serving the development are less than the standard 30 feet wide municipal street, common off-street parking areas shall be provided to the extent of one additional space for each dwelling unit. These common off-street facilities shall be conveniently located to all residences within the development and shall have a capacity of not less than six spaces nor more than 12 spaces at any single location.
[Ord. No. 874 § 1; 1972 Code § 130.1457]
No building permits shall hereafter be granted for the erection of townhouses in the T-3 and T-6 Residence Districts unless provisions have been made for the construction of one garage for each dwelling unit. A garage for each dwelling unit shall be connected by a driveway to the adjacent street and its size shall be limited to not more than three motor vehicles. Garages required herein shall be either a part of the building or attached thereto.
Only one commercial vehicle owned and used by a resident of the premises shall be permitted to be regularly garaged in this zone, provided such commercial vehicle does not exceed a rated capacity of 1 1/2 tons and that the same shall be regularly garaged.
No garage existing in this zone or hereafter constructed in this zone as part of the building or attached thereto may be removed or converted to a different use.
[Added 5-23-2018 by Ord. No. 12-2018]
The purpose of the R-5B Island Road Multifamily Residential Overlay District is to create a realistic opportunity for the construction of low- and moderate-income housing in a suitable portion of the Borough of Ramsey, and thereby help to address the fair share housing obligation of the Borough of Ramsey under the New Jersey Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, the settlement agreement entered into between the Borough and Fair Share Housing Center ("FSHC") on August 31, 2017, and the Borough's Housing Element and Fair Share Plan. The designation of this property for the R-5B Overlay District reflects this particular site's relationship and orientation to the nearby train station, its proximity to other residentially zoned and developed property, and its sufficient size to accommodate such development in a manner that will complement the area. The R-5B Overlay District encourages the development of low- and moderate-income housing by allowing for inclusionary multifamily residential; however, developers shall also have the option of developing in accordance with the underlying B-3 Zone standards.
The uses set forth below shall be permitted as a development alternative to the underlying zoned uses allowed by this chapter, but shall not replace the underlying zoning district. The principal permitted uses in the R-5B Overlay Zoning District are as follows:
a. 
Multifamily residential development.
Any use not expressly set forth above is prohibited, provided that this shall not imply that the uses of the underlying zoning district are not permitted if a tract is developed in accordance with the underlying zoning district.
Permitted accessory uses shall include accessory uses permitted in the underlying zone, and any other accessory use that is customary and incidental to the permitted uses in the R-5B Overlay Zoning District, including but not limited to:
a. 
Off-street parking.
b. 
Fences and walls, subject to the dimensional requirements herein.
c. 
Ancillary recreation elements, such as a swimming pool, tennis courts and other similar uses to only serve the residents of the complex.
d. 
Community room to serve only the residents of the complex.
Those permitted in the underlying zoning district.
a. 
All multifamily developments constructed in the R-5B Overlay Zoning District shall be required to set aside a minimum percentage of units for affordable housing. Where units will be for sale, the minimum set-aside shall be 20%. Where units will be for rent, the minimum set-aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
b. 
All affordable units to be produced pursuant to this section shall comply with the Borough's Affordable Housing Ordinance at Chapter 29 of the Borough Code, the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.) and the Borough's Housing Element and Fair Share Plan, as may be amended from time to time. This includes, but is not limited to, the following requirements for all affordable units:
1. 
Low/moderate income split: A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted rental units shall be very-low-income units, which shall be counted as part of the required number of low-income units within the development.
2. 
Bedroom mix: If the development is not age-restricted, the following bedroom mix shall apply:
(a) 
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
(b) 
At least 30% of all low- and moderate-income units shall be two-bedroom units;
(c) 
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
(d) 
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
3. 
Deed restriction period: All affordable units shall be deed restricted for a period of 30 years from the date of the initial occupancy of each affordable unit (the "deed-restriction period"). The affordability controls shall expire at the end of 30 years after the date of the initial occupancy of the respective individual affordable unit, except, as to rental units, the affordability controls shall remain in effect until the date on which a rental unit shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the end of 30 years after the date of initial occupancy, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of either the next scheduled lease renewal or 60 days. Ibid.[1] For for-sale units, the deed restriction shall expire only after it is properly released by the Borough and/or the Borough's administrative agent.
[1]
Editor's Note: See N.J.A.C. 5:80-26.11(b).
4. 
Administrative agent: All affordable units shall be administered by a qualified administrative agent paid for by the developer.
5. 
Other affordable housing unit requirements: Developers shall also comply with all of the other requirements of the Borough's Affordable Housing Ordinance,[2] including, but not limited to, affirmative marketing requirements, candidate qualification and screening requirements, integrating the affordable units amongst the market-rate units, and unit phasing requirements. Developers shall ensure that the affordable units are dispersed between all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.
[2]
See Ch. 29, Affordable Housing.
The area and bulk requirements for the use allowed in the R-5B Overlay Zoning District are set forth below. The bulk regulations of the underlying zoning district shall remain in full force and effect for development devoted exclusively to underlying zoning district permitted uses.
a. 
Minimum lot area: seven acres.
b. 
Maximum density per acre: 20 units per acre.
c. 
Minimum lot width: 100 feet.
d. 
Minimum front yard setback: 40 feet.
e. 
Minimum side yard setback: 20 feet.
f. 
Minimum rear yard setback: 40 feet.
g. 
Maximum building coverage: 45%.
h. 
Maximum number of principal structures: two.
i. 
Maximum impervious coverage: 70%.
j. 
Minimum open space area: 30%.
k. 
Minimum buffer requirement: No structure, parking or drive aisle within the tract shall be located within 20 feet of a lot line; 10 feet when adjacent to a railroad right-of-way; or 30 feet where the site abuts a residentially zoned property.
l. 
Maximum building height: 35 feet.
m. 
Minimum separation between buildings: 45 feet.
a. 
Buffers.
1. 
Buffers shall provide a year-round visual screen to the extent practicable in order to minimize adverse impacts from the site on adjacent properties or from adjacent areas. Buffers shall consist of natural vegetation to the greatest extent practical, and may consist of fences, planting, berms, mounds, or combinations thereof to achieve the stated objectives as approved by the Board.
2. 
Where required, buffers shall be measured from property lines and street rights-of-way.
3. 
Within any frontage buffer areas, sidewalks, underground linear utilities and site access drives shall only be permitted to cross said buffers, provided their placement is designed to minimize land disturbance within the buffer. Above- or below-ground stormwater detention systems are not permitted within required buffer areas. Access drives shall cross buffer areas at a right angle or as close to a right angle as is practical to minimize land disturbance.
4. 
Buffer areas shall be maintained and kept free of weeds, debris and rubbish.
b. 
Fences. Fences shall not exceed four feet in height and are subject to the requirements outlined under § 34-4.26a.
c. 
Lighting. Parking lot lighting shall comply with the standards established pursuant to § 34-6.4f.
d. 
General design standards.
1. 
Appropriate facade treatments should be imposed to ensure that buildings are integrated with the rest of the development.
2. 
Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.
e. 
General landscape design and planting requirements. Those portions of all front, rear and side yards that are not used for off-street parking or sidewalks or recreational amenities shall be attractively planted with trees, shrubs and grass lawns as required by the Planning Board with the advice of the Shade Tree Commission.
Off-street parking for development in the R-5B Overlay Zoning District shall be subject to the following requirements:
a. 
The minimum number of off-street parking spaces for multifamily residential housing shall be as set forth in the Residential Site Improvement Standards (N.J.A.C. 5:21). Under-building parking shall be reserved for exclusive use by residents only. No guest parking shall be provided in the under-building parking area.
b. 
There shall be no below grade or underground parking permitted in the R-5B Overlay Zoning District.
c. 
Parking stalls and aisles shall conform with Diagram A attached to Chapter 34 and made a part thereof.[1]
[1]
Editor's Note: Diagram A is included as an attachment to this chapter.
All regulations and standards of this chapter, Chapter 31, Land Use Procedures, and Chapter 32, Subdivision Regulations, shall apply and remain in full force and effect, including, but not limited to, application procedures; access; circulation; parking; loading; refuse; stormwater management; utilities; landscaping; lighting; performance standards and site improvements; however, wherever there is a conflict, this section shall apply.
[Ord. No. 433; Ord. No. 574; Ord. No. 675 § 1; Ord. No. 678; 1972 Code § 130.1501; Ord. No. 747 § 1; Ord. No. 848 § 1; Ord. No. 40-1998 § 1]
In the B-1 Central Business District only the following uses are permitted:
a. 
Business uses of a strictly retail sales and service type, conducted entirely within the confines of a building, such as stores, shops and offices, and involving the rendering of service or sale of goods directly to the ultimate consumer. The uses shall not include any process of manufacture, fabrication, assembly, treatment, conversion or alteration unless clearly incidental to the operation of the permitted business use and which will not create any dangerous, injurious, noxious, or otherwise objectionable or offensive condition as would tend to impair or hinder the most appropriate use of land in the vicinity.
1. 
Notwithstanding the provisions of Paragraph a hereof, the provisions of Subsection 34-4.11 entitled "Outdoor storage" and the provisions of Paragraphs h and i of Subsection 34-40.2 entitled "Prohibited uses," the Borough Council may permit, upon special request and for stipulated reasons, on a temporary basis when it deems it to be in the public interest, the display and sale of newspapers outside stores and shops which normally sell such items within the confines of a building. In granting such permission, the Borough Council may impose such conditions for the conduct thereof as it deems necessary to carry out the intent of this subsection.
b. 
Residences complying with all the required conditions as set forth in Section 34-19, R-4 Multifamily District.
c. 
Clubs and fraternal organizations.
d. 
Public garages and service stations.
1. 
Public garages and service stations shall be subject to all of the requirements of all of the terms and provisions of Section 34-8, Public Garages or Service Stations.
2. 
The minimum ground floor area of any public garage or service station hereafter erected shall not be less than 1,600 square feet.
e. 
A drive-in or convenience type window shall be permitted as an accessory use to the permitted use provided there shall be a permanent canopy or portico attached to the building, covering the vehicle, and the vehicular traffic flow from such window is restricted so that there is no access to the on-site parking areas and the vehicular traffic is channeled directly onto a public street. The traffic pattern for the proposed window shall be reviewed by the Planning Board and Police Department prior to the granting of approval for such window. For the purpose of this paragraph, a drive-in or convenience-type window shall be deemed to be an accessory use provided that the majority of the business is conducted within the confines of the building.
[Ord. No. 443; Ord. No. 468; Ord. No. 574; 1972 Code § 130.1502; Ord. No. 1017-A §§ 1-2]
The following requirements shall be complied with in the B-1 Zone:
a. 
Height. No building shall exceed a maximum of three stories or 35 feet in height, whichever is the lesser.
b. 
Front yard. No building shall be constructed on a lot abutting any street that is closer than 15 feet from the street right-of-way.
c. 
Side yard. All business buildings may be built without side yards except that where a side line in the business zone abuts a side line in a residential zone, there shall be a minimum side yard of 10 feet. Off-street parking as regulated in Section 34-6 is permitted within the side yards provided no parking area is closer than 10 feet to any building nor 10 feet to an adjoining residence zone boundary line.
d. 
Rear yard. There shall be a rear yard of at least 10 feet unobstructed by buildings or other structures. Off-street parking as regulated in the Zoning Code is permitted within the rear yard provided no parking area is closer than 10 feet to an adjoining residence district boundary line and 10 feet to any building excepting residential buildings. The aforesaid separation area between the parking area and any adjoining residence zone boundary line shall constitute a buffer zone.
e. 
Minimum lot area. There shall be a minimum lot area of 5,000 square feet with a width of 50 feet at the front street line.
[1972 Code § 130.1503; Ord. No. 656 § 6; Ord. No. 841 § 1]
Site plan approval as set forth in Subsections 34-4.13, 34-4.14 and 34-4.17 shall be required for all new construction, conversions and changes in type of use in the B-1 Central Business District except for single-family residence.
[Ord. No. 1053 § 2 § 130.1510; Ord. No. 1210 § 1; Ord. No. 40-1998 § 2; Ord. No. 16-2003 § 1]
In the B-1A Business District, only the following uses are permitted:
a. 
Professional and general offices;
b. 
Residences complying with all the required conditions as set forth in Subsection 34-19.2.
c. 
Clubs and fraternal organizations.
[Ord. No. 1053 § 2; § 130.1511; Ord. No. 31-2003 § 1]
The following requirements must be complied with in the B-1A Zone:
a. 
Height. No building shall exceed a maximum of three stories or 35 feet in height, whichever is the lesser.
b. 
Front yard. No building shall be closer than 20 feet to a street right-of-way. No vehicle of any type may be parked at any time within this front yard area.
c. 
Side yard. Except as hereinafter provided, there shall be a minimum side yard of 10 feet. Off-street parking as regulated in the Zoning Code is permitted within the side yards provided no parking area is closer than 10 feet to any building excepting residential buildings nor 10 feet to any side lot line.
Where a side line in the business zone abuts a side line in the residential zone, there shall be a minimum side yard of 20 feet. Off-street parking as regulated in the Zoning Code is permitted within the side yards provided no parking area is closer than 10 feet to any building excepting residential buildings nor 20 feet to an adjoining residence zone boundary line. The aforesaid separation area between the parking area and any adjoining residence zone boundary line shall constitute a buffer zone.
d. 
Rear yard. There shall be a rear yard of at least 20 feet unobstructed by buildings or other structures. Off-street parking as regulated in the Zoning Code is permitted within the rear yard, provided no parking area is closer than 20 feet to an adjoining residence zone boundary line and 10 feet to any building excepting residential buildings. The aforesaid separation area between the parking area and any adjoining residence zone boundary line shall constitute a buffer zone.
e. 
Minimum lot area. There shall be a minimum lot area of 10,000 square feet with a width of 50 feet at the front street line.
f. 
Minimum open landscaped area. The minimum open landscaped area on the site shall be 15%.
[Ord. No. 1053 § 2; § 130.1512]
Site plan approval as set forth in Subsections 34-4.13, 34-4.14 and 34-4.17 of this chapter shall be required for all new construction, conversion and changes in type of use in the B-1A Business District except for single-family residences.
[Ord. No. 584; Ord. No. 848 § 2; 1972 Code § 130.1601; Ord. No. 1050 § 1; Ord. No. 1199 § 2; Ord. No. 1232 § 1; Ord. No. 35-2003 § 1]
In the B-2 Turnpike District only the following uses are permitted:
a. 
Professional and general offices;
b. 
Banks and other financial institutions;
c. 
Clubs;
d. 
Religious institutions;
e. 
Research, design and development laboratories provided they meet the standards set forth in Subsection 34-33.6;
f. 
Undertaking establishments;
g. 
Single-family residences subject to the regulations of the R-3 Residence District;
h. 
Day nurseries on a minimum site of one acre;
i. 
Museums and art galleries;
j. 
Business, technical and professional schools and colleges on a minimum site of one acre, plus one acre for each 100 pupils for which the building is designed, and with not less than 150 feet of street frontage.
k. 
Florists. Florists and nurseries on a minimum site of one acre with not less than 150 feet of street frontage.
l. 
Institutions and public utilities. Public utilities and institutional uses in conformance with Section 34-9.
m. 
A drive-in or convenience type window shall be permitted use provided there shall be a permanent canopy or portico attached to the building, covering the vehicle, and the vehicular traffic flow from such window is restricted so that there is no access to the on site parking areas and the vehicular traffic is channeled directly onto a public street. The traffic pattern for the proposed window shall be reviewed by the Planning Board and the Police Department prior to the granting of approval for such window. For the purpose of this paragraph, a drive-in or convenience type window shall be deemed to be an accessory use provided that the majority of the business is conducted within the confines of the building.
[Ord. No. 584; 1972 Code § 130.1602; Ord. No. 841 § 2; Ord. No. 1017-A §§ 3-4; Ord. No. 1030 § 4; Ord. No. 1017-B § 1 Ord. No. 1017-C § 1; Ord. No. 1233 § 6]
The following requirements shall be complied with in addition to those set forth above for all uses in the B-2 Turnpike District, except for single-family residential uses, which shall comply with the requirements of the R-3 Zone as aforesaid:
a. 
Height. No building shall exceed a maximum of three stories or 35 feet in height, whichever is the lesser.
b. 
Front yard. No building shall be closer than 30 feet to a street right-of-way nor shall any parking space be located within 10 feet of a street right-of-way.
c. 
Side yard. Except as provided for in Paragraph e below, no building shall be closer than 20 feet and no parking area shall be closer than five feet to any building excepting residential buildings nor 20 feet to an adjoining residence zone boundary line. The aforesaid separation area between the parking area and any adjoining residence zone boundary line shall constitute a buffer zone.
d. 
Rear yard. No building shall be closer than 40 feet and no parking area shall be closer than 20 feet to any rear lot line. The aforesaid separation area between the parking area and any adjoining residence zone boundary line shall constitute a buffer zone.
e. 
Zone district boundary line restrictions. In all side yards bounding upon the R-1, R-2, R-3 or R-4 Zones, no building shall be closer than 70 feet and no parking shall be closer than 40 feet to any of the zone lines. Public lands shall not be considered as lying in any of these zones for the purpose of this specific paragraph and the normal side and rear yard requirements shall apply where the yards abut such publicly owned lands.
f. 
Landscaping. Those portions of all front, rear and side yards that are not used for off-street parking shall be attractively planted with trees, shrubs, plants, and grass lawns as required by the Planning Board and the Shade Tree Commission.
g. 
Maximum lot coverage. The total ground floor area of all structures on a lot shall not exceed 30% of the area of the lot.
h. 
Minimum lot area and frontage. There shall be a minimum lot area of 20,000 square feet with a minimum street frontage of 100 feet and a minimum depth of 125 feet.
i. 
Minimum building size. No building shall have a ground floor area of less than 3,6000 square feet. Parking areas shall be adequately paved and marked. Outdoor lighting is permitted provided it shall be arranged so as to eliminate the glare of lights toward nearby residential lots. Notwithstanding any provision herein to the contrary, public garages and service stations shall comply with the one-thousand-six-hundred-square-foot minimum ground floor area as set forth above.
j. 
Signs. Signs permitted in the B-2 Turnpike Districts shall be as set forth in Subsection 34-7.3 with the additional limitation that the total sign area for the sign permitted on the face of any wall shall not exceed 20% of the area of the face of the wall upon which such sign is attached.
k. 
Existing nonconforming lots may be developed in accordance with the provisions of Subsection 34-4.7.
l. 
Minimum open landscaped area. Minimum open landscaped area on the site shall be provided in the proportion of 30% for sites under one acre and 35% for sites over one acre.
[Ord. No. 584; 1972 Code § 130.1603]
Site plan approval as set forth in Subsections 34-4.13, 34-4.14 and 34-4.17 shall be required for all new construction, conversions and changes in type of use in the B-2 turnpike direct except for single-family residences.
[Ord. No. 584; 1972 Code § 130.1604]
The boundary lines of the B-2 Turnpike District shall be as delineated by "Supplemental Map No. Five to the Zoning Map of the Borough of Ramsey, New Jersey, dated April 9, 1968," prepared by the office of the engineer for the Borough and which supplemental map shall accompany this chapter and is hereby made a part thereof. In addition to delineating the boundary lines for the aforesaid B-2 Turnpike District, the "Supplemental Map No. Five" is hereby deemed to amend the boundaries of the R-3 Residence District and to otherwise amend the Borough Zoning Map as otherwise shown thereon.
[Ord. No. 443; Ord. No. 574; 1972 Code § 130.1701; Ord. No. 748 § 1; Ord. No. 824 § 1; Ord. No. 845 § 1; Ord. No. 858 § 1; Ord. No. 1012 § 5; Ord. No. 1054 § 1; Ord. No. 1098-A § 3; Ord. No. 1199 § 3; Ord. No. 33-2003 § 1]
In the B-3 Highway Commercial Districts only those uses listed below are permitted provided the intensity of operation does not exceed the limitations imposed by the performance standards hereinafter set forth in Subsection 34-33.5:
a. 
Any use permitted in the B-1 Zone, except residential use of any kind other than single-family use, which shall be permitted. Single-family residential use shall conform to the requirements of the R-3 Zone;
b. 
Offices for business, professional, executive or administrative purposes;
c. 
Scientific or research laboratories;
d. 
Selected industrial or manufacturing uses;
e. 
Motels, hotels, tourist cabins and public swimming pools;
f. 
Sales and service establishments for new cars, including used car sales as an accessory use to new car sales. Used car sales are not permitted as a separate use. Such new car dealerships shall be separated by a distance of at least 1,000 feet, measured from the nearest boundary line of the latter parcel of land so used. All displays of new or used cars shall only be at the sides of the dealership buildings.
g. 
A drive-in or convenience type window shall be permitted as an accessory use to the permitted use provided there shall be a permanent canopy or portico attached to the building, covering the vehicle, and the vehicular traffic flow from such window is restricted so that there is no access to the on site parking areas and the vehicular traffic is channeled directly onto a public street. The traffic pattern for the proposed window shall be reviewed by the Planning Board and Police Department prior to the granting of approval for such window. For the purpose of this paragraph, a drive-in or convenience type window shall be deemed to be an accessory use provided that the majority of business is conducted within the confines of the building.
h. 
Motor vehicle rental business subject to the following provisions:
1. 
A motor vehicle rental business can be considered an accessory to another use within the B-3 Highway Commercial District where the applicant can show that it is incidental and subordinate to the main use of the premises. A motor vehicle rental business cannot be permitted as an accessory use outside of the B-3 Highway Commercial District.
2. 
Any applicant desiring to use any premises for the purpose of operating a motor vehicle rental or leasing business shall make application in writing to the Planning Board of the Borough of Ramsey in accordance with the site plan requirements of Subsection 34-4.1 to Subsection 34-4.18.
3. 
The Planning Board shall not order, direct or authorize the issuance of a permit to use any building, structure or premises as or for a motor vehicle rental business unless the plot plan shows the following:
(a) 
There shall be one parking space provided for each two vehicles available for rental.
(b) 
Parking spaces for automobiles shall conform to Subsection 34-6.1. The size of the parking spaces for vehicles other than automobiles shall be appropriately designed and reasonably arranged on the site plan.
(c) 
All parking storage shall be provided on site or within 1,000 feet of the principal premises of the motor vehicle rental business.
(d) 
The Planning Board may waive the parking requirements set forth here in accordance with Subsection 34-6.1.
(e) 
The site plans shall show the specific area reserved for the parking of rental motor vehicles, and this area shall be for their specific use. All parking stalls on the site plan shall be clearly dimensioned and indicate the type of vehicle to be parked within these spaces.
4. 
The applicant shall be eligible to apply to the Borough for a temporary license to operate a motor vehicle rental business after the applicant has received site plan approval. The temporary license shall be valid for six months. The applicant shall then be governed by the provisions of Section 4-6 of this Code respecting the licensing of motor vehicles rental business.
i. 
Car wash or convenience lubrication station, subject to the following provisions:
1. 
The lot or portion of a lot to be used shall have direct street frontage of at least 150 feet on a state highway or county road and an average depth of at least 150 feet.
2. 
The conditional use provision of Section 23-19, Public Garages or Service Stations, shall apply and in addition no car wash or convenience lubrication station shall be located within 300 feet of the nearest boundary line of any lot or parcel of land used or to be used for a service station, public garage, car wash, or convenience lubrication station.
3. 
A buffer zone separation from residential zones shall be required of a minimum of 50 feet.
4. 
Adequate provisions shall be made for stacking lanes and for parking facilities for customers and staff, without interfering with traffic patterns outside the site.
j. 
Nursing homes provided there shall be a minimum lot area of three acres with a width of 200 feet at the front street line.
k. 
Churches.
l. 
Billboards subject to the following provisions:
[Added 1-25-2006 by Ord. No. 3-2006; 3-14-2007 by Ord. No. 8-2007]
1. 
There shall be a minimum lot area of two acres.
2. 
Construction is not permitted on a lot that has a building greater than 1,500 square feet.
3. 
Billboards may not be attached to a building.
4. 
All setbacks and bulk requirements of the B-3 Zone must be complied with.
5. 
The maximum height of the billboard shall be measured from the center-line grade of the road it fronts on to the top of the billboard. This height shall not exceed 35 feet.
6. 
Maximum square footage: 400 square feet.
7. 
There shall be no more than one billboard on a parcel; provided, however, that the billboard may be double-faced.
8. 
No billboard shall be located within 200 feet of a residential zone district.
9. 
Landscaping shall be required around the base of the billboard and may be required elsewhere on the lot where the billboard is located if deemed necessary by the Planning Board and the Shade Tree Commission.
10. 
Billboards shall be designed and constructed to confine their line of sight to Route 17.
11. 
Billboards shall utilize stealth coloring of their supporting members and framework as approved by the Planning Board.
12. 
Site plan review shall be required for all billboard applications.
[Ord. No. 443; Ord. No. 574; 1972 Code § 130.1702; amended 10-25-2006 by Ord. No. 38-2006; 6-27-2007 by Ord. No. 18-2007]
Outdoor storage is permitted in this district; provided, however, that all outdoor storage must be screened by special planting and/or a fence six feet in height, as required by the Shade Tree Commission and Planning Board. All reasonable and practical efforts must be made to eliminate the visibility of outdoor storage from the R-1, R-2, R-3, R-4, R-5, R-5A, T3, T6 and PUD Residential Districts. For the purposes of this subsection, the visibility will be determined from any point measured 25 feet horizontally, from the residence zone boundary line, and six feet vertically, above the ground surface. Such outdoor storage as permitted herein is only permitted in the side and rear yards.
[Ord. No. 574; 1972 Code § 130.1702]
Before the issuance of a building permit or certificate of occupancy, the Planning Board shall review and approve the site development plan of the proposed use and shall ascertain that all the requirements hereinafter set forth are complied with. Applications for any building permit or certificate of occupancy in this district shall be in accordance with the provisions of Subsections 34-33.4 and 34-4.13.
[Ord. No. 443; Ord. No. 458; 1972 Code § 130.1704; Ord. No. 824 § 2; Ord. No. 841 § 3; Ord. No. 1017A §§ 5-7; Ord. No. 1030 § 5; Ord. No. 1017-B § 2; Ord. No. 1017-C § 1; Ord. No. 1233 § 2]
The following conditions are required for all uses, except single-family residential use, which shall comply in all respects with the requirements of the R-3 Zone.
a. 
Height.
[Amended 6-27-2007 by Ord. No. 19-2007]
1. 
No building shall exceed a maximum of three stories or 35 feet in height, whichever is the lesser.
2. 
Parapets may extend up to two feet above the maximum building height as set forth above and may extend around all sides of the building.
3. 
A turret shall be limited in size to 20% of the length of the wall on which the turret shall be placed in a continuous manner. Turrets shall be limited to no more than two sides of the building. The height of a turret may exceed the height of a parapet by no more than two feet.
[Amended 3-9-2011 by Ord. No. 05-2011]
b. 
Front yard. There shall be a front yard setback of 60 feet from any state highway, and parking areas shall be set back no less than 20 feet from the state highway. Within the boundaries of this district, property not fronting on a state highway shall have a front yard setback of 40 feet from the street line. Structures erected on a corner lot shall be set back from the side street at least 30 feet from the right-of-way. Parking areas as required shall be permitted in the front yard, provided the area is at no point closer than 10 feet from any adjoining street right-of-way line. No parking area shall be nearer than 10 feet to any building excepting residential buildings.
c. 
Side yard. There shall be two side yards, and no side yard shall be less than 20 feet. Parking as required shall be permitted in the side yard, provided the area is at no point closer than 10 feet to any adjoining street right-of-way. No parking area shall be nearer than 10 feet to any building excepting residential buildings nor five feet to any other property line; provided, however, that a parking area as herein permitted is allowed up to the side property line if it abuts a parking area on the adjacent lot. Adjoining a residence zone boundary line, the minimum parking lot separation shall be 20 feet and such separation area shall constitute a buffer zone.
d. 
Rear yard. There shall be a rear yard of at least 40 feet. Parking as required may be permitted in the rear yard, provided no parking area is closer than 20 feet to any adjacent residence zone boundary line. The aforesaid separation area between the parking area and any adjoining residence boundary line shall constitute a buffer zone.
e. 
Landscaping. Those portions of all front, rear and side yards that are not used for off-street parking or sidewalks shall be attractively planted with trees, shrubs, plants and grass lawns as required by the Planning Board and Shade Tree Commission.
f. 
Minimum lot area. There shall be a minimum lot area of 30,000 square feet, with a width of 100 feet at the street line.
g. 
Minimum open landscaped area. Minimum open landscaped area on the site shall be 30%.
[Added 9-25-2002 by Ord. No. 22-2002]
In the P.U.D. Planned Unit Development District, one or more of the following uses are permitted on properties fronting on a state highway or on an existing or proposed public street directly accessing a state highway, provided that such properties do not extend more than 600 feet from a state highway:
a. 
Offices for business, professional, executive or administrative purposes;
b. 
Banks and other financial institutions including drive-in or convenience-type window facilities;
c. 
Restaurants and related uses excluding any drive-in or convenience-type window facilities and excluding any fast-food establishment.
d. 
Sales and service establishments for new cars, including used car sales as an accessory use to new car sales, provided that used car sales are not permitted as a separate use.
e. 
Parking, signs and other uses and structures accessory to the above principal uses.
f. 
One sign oriented to Route 17 and referencing an adult community developed within the P.U.D. District, provided that such sign shall be a ground sign with a sign panel having a maximum area of 24 square feet. Such sign may be mounted no higher than eight feet and may be illuminated by direct lighting. Prior to the construction of a permanent ground sign, one temporary pylon sign oriented to Route 17 shall be permitted in accordance with Subsection 34-7.4b of Chapter 34, Zoning, of the Revised General Ordinances of the Borough of Ramsey, 1997, as amended and supplemented.
In the P.U.D. Planned Unit Development District, the following uses are permitted on properties fronting on an existing or proposed public through street other than a state highway, provided such properties are located more than 200 feet from a state highway:
a. 
Adult community.
1. 
A residential development designed to meet the housing needs of an age-restricted segment of the population limited to persons of the age of 55 years or over; provided, however, that:
(a) 
A person of the age of 55 years or over may occupy such dwelling unit with such person's husband or wife or companion, regardless of age, and/or with children 19 years of age and over who are not enrolled in secondary school;
(b) 
Any person who is permitted to and did occupy a dwelling unit with an age-qualified person may continue to occupy the dwelling unit after the death of such age-qualified person; and
(c) 
Any person, regardless of age, may occupy the dwelling unit if such person provides physical support to an occupant otherwise permitted to occupy a dwelling unit in accordance with the restrictions herein but said individual shall not be enrolled in secondary school.
2. 
Notwithstanding any of the foregoing, no person under the age of 19 years shall reside in any dwelling unit.
b. 
Parks. Public parks and playgrounds, private outdoor recreation uses and privately owned deed-restricted open space.
c. 
Accessory buildings and uses. Accessory buildings and uses, including, but not limited to, gatehouses, clubhouses, swimming pools, tennis courts, putting greens, bocce courts, mail boxes, and refuse storage areas.
d. 
Parking. Parking, signs and other uses and structures accessory to the above principal use.
The following conditions are required for all uses permitted in accordance with Subsection 34-30.1:
a. 
Height. No building shall exceed a maximum of three stories or 35 feet in height, whichever is the lesser.
b. 
Front yard. There shall be a minimum front yard setback of 60 feet from any state highway.
c. 
Side yard. There shall be a minimum side yard of 20 feet. Structures, excluding parking areas and drive aisles, erected on a corner lot shall be setback from the side street at least 30 feet from the right-of-way.
d. 
Rear yard. There shall be a minimum rear yard of 40 feet, except that one-story buildings or portions of buildings which are used for office or bank purposes shall be permitted a minimum rear yard of 20 feet.
e. 
Parking setbacks. Parking areas and drive aisles shall be set back no less than 20 feet from all property lines, except that where such areas abut a B-3 Zone a ten-foot minimum setback shall be required. Parking areas for the sales and service of cars shall be set back a minimum of 40 feet from any state highway. Additionally, no parking of any type shall be permitted along a state highway where such parking would be located in front of any building for the sales or service of cars for a distance of 500 feet from the center line of Williams Drive. No parking area shall be nearer than 10 feet to any building, excepting residential buildings.
f. 
Minimum lot area. There shall be a minimum lot area of 30,000 square feet, with a width of 100 feet at the street line.
g. 
Minimum open landscaped area. The minimum open landscaped area shall be 30% of the lot area. Those portions of all front, rear and side yards that are not used for off-street parking or sidewalks shall be attractively planted with trees, shrubs, plants and grass lawns as required by the Planning Board with the advice of the Shade Tree Commission.
h. 
Signage. All signage shall be in accordance with the requirements of Subsection 34-7.6 of Chapter 34, Zoning, of the Revised General Ordinances of the Borough of Ramsey, 1997, as amended and supplemented.
a. 
Density. The maximum density shall be three dwelling units per acre of land. Where two or more acres of land are offered to the Borough of Ramsey for park or playground use or for a similar open space use, a maximum density of five dwelling units per acre shall be permitted in lieu of the maximum of three units per acre. In the event that such land is offered for dedication to the Borough of Ramsey for park or playground use and certain recreational improvements are proposed as part of site plan review, the site plan approving authority may authorize the withholding of certificates of occupancy for up to 50% of the total number of approved residential units to assure completion of such recreational improvements.
b. 
Height. No building shall exceed a maximum height of 35 feet. Where buildings containing more than one dwelling unit consist of multiple sections which are designed to step down a slope, the maximum height limit shall only apply to each section having common floor levels rather than to the entire building.
c. 
Setbacks.
1. 
Minimum setbacks for principal buildings:
(a) 
From any adjacent residential district: 40 feet.
(b) 
From any adjacent nonresidential district: 30 feet, except that attached decks and patios shall be set back at least 15 feet.
(c) 
From public rights-of-way: 30 feet, except that attached decks and patios shall be set back at least 15 feet.
(d) 
From interior private roadways: 15 feet.
(e) 
From off-street parking areas: 10 feet.
2. 
Minimum separation between principal buildings:
(a) 
Front to front: 60 feet.
(b) 
Side to side: 25 feet.
(c) 
Side to rear: 25 feet.
(d) 
Rear to rear: 25 feet.
3. 
Minimum setback for parking areas:
(a) 
From any adjacent residential district: 40 feet.
(b) 
From any adjacent nonresidential district: 10 feet.
(c) 
From any public right-of-way: 10 feet.
4. 
Minimum setback for accessory buildings:
(a) 
From any adjacent residential district: 40 feet.
(b) 
From any adjacent nonresidential district: 15 feet.
(c) 
From any public right-of-way: 40 feet, except for a gatehouse which may be 30 feet.
(d) 
From any interior roadway: 15 feet, except for a gatehouse which may abut an interior roadway.
5. 
Windows and chimneys. Cantilevered bay or oriel windows and chimneys shall be permitted to extend up to three feet into required setbacks or minimum required building separation areas.
d. 
Minimum open space/recreation area. The minimum open space including improved recreation areas and surface stormwater detention areas shall be 30% of the total tract area excluding public rights-of-way. Portions of a tract not used for buildings, parking, or sidewalks shall be attractively planted with trees, shrubs, plants and grass lawns as required by the Planning Board with the advice of the Shade Tree Commission.
e. 
Building coverage. Land area covered by buildings shall not exceed 35% of the total tract area excluding public rights-of-way.
f. 
Minimum tract area. The minimum tract area utilized for residential purposes exclusive of public rights-of-way shall be 15 acres. There shall be no minimum lot size where individual lots for townhouses are proposed and the owners of such individual lots are mandated to join a condominium association owning certain common elements.
g. 
Dwelling units. Principal buildings shall consist of not more than eight dwelling units and not fewer than two dwelling units. The exterior exposure in each group of dwelling units shall be faced with brick, quarried stone, stucco, wood or other materials suitable in terms of quality, durability and appearance and approved by the Planning Board.
h. 
Garages. Each dwelling unit shall have two garages.
i. 
Accessory buildings. One or more accessory buildings shall be permitted, provided no accessory building exceeds a height of two stories and 35 feet, whichever is the lesser.
j. 
Parking. The number of parking spaces shall conform to the requirements established by the residential site improvement standards. Common off-street parking facilities shall have a minimum capacity of two spaces and no more than 12 spaces at any single location.
k. 
Permanent signs for an adult community. Two ground signs shall be permitted to frame one main entrance drive to an adult community. Each sign shall have a maximum sign panel of 25 square feet, may be mounted on a wall no higher than six feet and no longer than 20 feet, and may be illuminated by direct lighting, provided such light sources are not visible from any residential unit.
l. 
Temporary signs for an adult community. During construction of an adult community, no more than two nonilluminated ground signs may be constructed identifying the project and containing related information. Any such temporary signage shall be in accordance with the requirements of Subsection 34-7.4c of Chapter 34, Zoning, of the Revised General Ordinances of the Borough of Ramsey, 1997, as amended and supplemented.
Applications for development in the P.U.D. Planned Unit Development District shall be processed by the Borough Planning Board in a manner identical to any other application for development, except that:
a. 
A general development plan may be submitted to the Planning Board in accordance with N.J.S.A. 40:55D-45 et seq.; and
b. 
Prior to approval of such development, the Planning Board shall find the following facts and conclusions in accordance with N.J.S.A. 40:55D-45:
1. 
That departures by proposed development from P.U.D. regulations applicable to the subject property conform generally to other municipal zoning ordinance standards;
2. 
That for any adult community housing development, the proposals for common open space are reliable, and the amount, location and purpose of the common open space are adequate.
3. 
That the physical design of the proposed adult community housing development adequately addresses access to public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment.
4. 
That the proposed P.U.D. will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
5. 
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions of any approval are adequate to protect the interests of the public and of the residents, occupants and owners of the proposed development to ensure completion of development.
[Ord. No. 574; Ord. No. 613; 1972 Code § 130.1801; Ord. No. 1199 § 4; Ord. No. 44-2002 § 1; Ord. No. 33-2003 § 2]
In the Industrial Park District only the following uses are permitted:
a. 
Offices for business, professional, executive or administrative purposes, scientific or research laboratories, and selected industrial or manufacturing uses, provided the intensity of operations does not exceed the performance standards as set forth in Subsection 34-33.5.
b. 
(Reserved)
c. 
Nursing homes as defined in Section 34-3 of this chapter.
d. 
Churches.
[Ord. No. 443; Ord. No. 468; Ord. No. 574; 1972 Code § 130.1802]
Outdoor storage is permitted in this district, provided, however, that all outdoor storage must be screened by a special planting and/or a fence six feet in height, as required by the Shade Tree Commission and Planning Board, so that storage cannot be visible from any adjacent residence zone district. Such outdoor storage as permitted herein is only permitted in the side and rear yard.
[Ord. No. 444; Ord. No. 468; Ord. No. 574; 1972 Code § 130.1803; Ord. No. 656 § 2; Ord. No. 745 § 1; Ord. No. 771 § 1; Ord. No. 771A § 2; Ord. No. 818 § 2; Ord. No. 841 § 4; Ord. No. 1017-A §§ 8-9; Ord. No. 1030 § 6; Ord. No. 1017-B § 3; Ord. No. 1017-C § 1]
a. 
Height.
[Amended 6-27-2007 by Ord. No. 19-2007]
1. 
No building shall exceed a maximum of three stories or 35 feet in height, whichever is the lesser.
2. 
Parapets may extend up to two feet above the maximum building height as set forth above and may extend around all sides of the building.
3. 
A turret shall be limited in size to 20% of the length of the wall on which the turret shall be placed in a continuous manner. Turrets shall be limited to no more than two sides of the building. The height of a turret may exceed the height of a parapet by no more than two feet.
[Amended 3-9-2011 by Ord. No. 05-2011]
b. 
Front yard. There shall be a front yard of not less than 40 feet. Corner lots in this zone shall meet 1/2 the front yard setback requirements on the side street.
c. 
Side yard. There shall be two side yards and no side yard shall be less than 25 feet. Parking as required may be permitted in the side yard, provided no parking area is closer than 10 feet to any building excepting residential buildings nor 10 feet to any side property line. Adjoining a residence zone boundary line, the minimum parking lot separation shall be 75 feet and such separation area shall constitute a buffer zone.
d. 
Rear yard. There shall be a rear yard of at least 100 feet. The rear yard may be used for off-street parking, provided, however, no parking area shall be nearer than 10 feet to any building excepting residential buildings or 10 feet to any nonresidential property line, or 100 feet from any residence zone boundary line. The aforesaid separation area between the parking area and any adjoining residence zone boundary line shall constitute a buffer zone.
e. 
Landscaping. Those portions of all front, rear and side yards that are not used for off-street parking shall be attractively planted with trees, shrubs, plants and grass lawns, as required by the Planning Board and Shade Tree Commission.
f. 
Maximum bulk of buildings. The total floor area of all structures on a lot shall not exceed 40% of the area of the lot.
g. 
Zone district boundary line restrictions. No structure or parking area shall be constructed within this zone which shall be nearer than 100 feet from any residence zone district boundary or from any municipal boundary line.
h. 
Minimum lot area and frontage. There shall be a minimum lot area of three acres with a minimum lot width at the front street property line of 200 feet.
i. 
Parking areas as required shall not be permitted in the front yard, except as a special exception as herein provided. If an applicant can clearly demonstrate to the Planning Board or the Board of Adjustment that, due to exceptional shape of the specific property or due to exceptional topographic conditions or due to exceptional environmental concerns or due to other extraordinary and exceptional conditions of the land, front yard parking rather than rear or side yard parking would better promote the purpose of the zone plan and zoning ordinance and will not cause substantial detriment to the public good; then the Planning Board or Board of Adjustment shall have discretion in allowing parking to infringe on the front yard. No front yard parking area shall be nearer than 40 feet to the front property line nor 10 feet to any other property line, nor 10 feet to any building.
j. 
Minimum open landscaped area. Minimum open landscaped area on the site shall be 45%.
[Ord. No. 504; Ord. No. 574; 1972 Code § 130.1804]
An application for any building permit or certificate of occupancy in the Industrial Park District shall be submitted to the Construction Official in duplicate on forms prepared by the Planning Board. The applicant shall also submit in duplicate all plans of the proposed construction and development, including a description of the proposed machinery, operation and products.
[Ord. No. 769 § 1; 1972 Code § 130.1804]
Before the issuance of a building permit or certificate of occupancy, the Planning Board shall review and approve the site plan of the proposed use and shall ascertain that all the requirements hereinafter set forth are complied with. Applications for any building permits or certificates of occupancy in this district shall be in accordance with the provisions of Subsections 34-33.4 and 34-4.14.
[Ord. No. 443; Ord. No. 468; Ord. No. 504; Ord. No. 574; 1972 Code § 130.1805]
Before the issuance of any building or occupancy permit for any use in the Industrial Park District, all of the following regulations must be complied with:
a. 
Fire and explosion hazards. All activities shall be carried on only in structures which conform to the standards of the National Board of Fire Underwriters or the Uniform Construction Code or Fire Prevention Code, whichever is more restrictive. All operations shall be carried on and all explosive raw materials, fuels, liquids, and finished products shall be stored in accordance with the standards of the Board of Fire Underwriters.
b. 
Radioactivity. Any use allowed in this district which emits dangerous radioactivity outside any permitted structure at any point is prohibited.
c. 
Smoke, fumes, gases, dust odors. There shall be no emission of any noxious gases, fumes, dust or odors which will disseminate beyond the boundaries of the lot occupied by such use.
The emission of smoke from fuel burning equipment, internal combustion engines, open fires, stacks or chimneys, and the inspection of fuel burning equipment or such other smoke-producing units which may become health or sanitation hazards is hereby established pursuant to the Public Health and Sanitation Codes by reference act (Laws of 1950 Chapter 188). A copy of the Code is annexed hereto and made part hereof without the inclusion of the text thereof herein.
The Code established and adopted by this section is described and commonly known as the "Smoke Control Code of New Jersey (1953)."
d. 
Liquid or solid wastes. There shall be no discharge of wastes of any kind from any use allowed in this district into any reservoir, pond or lake, whether natural, artificial or for waste storage purposes. The discharge of untreated wastes into a stream shall be prohibited. All methods of sewerage and waste treatment and disposal shall be approved by the Plumbing Subcode Official or Board of Public Works and Borough Board of Health and New Jersey State Health Departments. Effluent from a treatment plant shall at all times comply with the following standards:
1. 
Maximum five-day biochemical oxygen demand — five parts per million.
2. 
Maximum quantity of effluent — 10% of minimum daily stream flow.
3. 
Maximum five-day biochemical oxygen demand after dilution (B.C.D. of effluent multiplied by quantity of effluent divided by quantity of stream flow) — 0.25 parts per million.
4. 
Maximum total solids — 5,000 parts per million.
5. 
Maximum phenol — 0.01 parts per million.
6. 
No effluent shall contain any other acids, oils, dust, toxic metals, corrosive or other toxic substance in solution or suspension which would create odors, discolor, poison, or otherwise pollute in any way.
e. 
Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.
f. 
Glare. There shall be no direct or sky-reflected glare exceeding five-tenths candles measured at the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrances or exits of service drives.
g. 
Traffic. There shall be no ingress or egress to any building or premises except from streets approved by the Planning Board.
[Ord. No. 504; Ord. No. 574; 1972 Code § 130.1806]
The Construction Official shall investigate any alleged violation of the performance standards, and if there are reasonable grounds to believe that a violation exists, shall notify the Borough Council. The Borough Council shall investigate the alleged violation and for such investigation may employ qualified experts. If the experts find such a violation exists, the cost of the experts' services shall be paid by the violator. If there was no violation, the Borough shall pay the costs.
[Ord. No. 586; Ord. No. 613; 1972 Code § 130.18A01; Ord. No. 1199 § 5; Ord. No. 44-2002 § 1; Ord. No. 33-2003 § 3]
In the Laboratory and Office Building District only the following uses are permitted:
a. 
Scientific or research laboratories and office buildings.
b. 
(Reserved)
c. 
Nursing homes as defined in Section 34-3 of this chapter.
d. 
Churches.
[Ord. No. 586; 1972 Code § 130.18A02]
There shall be a minimum lot area in this district of five acres with a minimum lot width at the street line of 200 feet. Nothing herein contained shall apply to any existing three acre lots heretofore approved in accordance with the requirements of the I.P. Industrial Park District, which lots shall be considered conforming as to lot size.
[Ord. No. 586; 1972 Code § 130.18A03]
All other requirements, including but not limited to setbacks, site plan approval and standards of the I.P. Industrial Park District shall be complied with in this district.
[Ord. No. 443; Ord. No. 458; Ord. No. 465; Ord. No. 526; Ord. No. 574; 1972 Code § 130.1901; Ord. No. 762 § 1; Ord. No. 923 § 1; Ord. No. 923A § 1; Ord. No. 924; Ord. No. 1018; Ord. No. 1054; Ord. No. 1166; Ord. No. 1254 § 1; Ord. No. 46-2004 § 2]
The following specified uses and purposes shall be prohibited in all districts:
a. 
Automobile wrecking yards and dismantling plants.
b. 
Carousels, roller coasters, merry-go-rounds, Ferris wheels, similar amusements, pony riding tracks, exhibitions of animals, similar activities, fairs and bazaars; except where such uses or activities have been granted a special permit by the Borough Council in accordance with the provisions of Subsection 34-40.1.
c. 
Commercial incineration.
d. 
Drive-in theatres and auction markets.
e. 
Rubbish, garbage or trash dumps except by the municipality or its agent.
f. 
Trailer camps or other storage or parking of trailers except as provided for in Chapter 13, Section 13-8, Parking and Storage of Recreational Vehicles in the R-1, R-2, R-3, R-4 and R-5 Zones.
g. 
Used car lots unless incidental to sales rooms for new cars.
h. 
Any business conducted outside the confines of a building.
i. 
Junkyards.
j. 
Asphalt batching, transit mix or plant mix, concrete plants or sand and gravel processing.
k. 
Storage of all liquefied petroleum gas in excess of 500 U.S. water gallons.
l. 
Sales displays, similar activities and all other commercial activities unless they are contained in a fully enclosed building except that street vendors shall be permitted in all districts except the B-1, B-1A, B-2, and B-3 Commercial Districts, and except that mobile vending vehicles used by nonprofit organizations shall be allowed on athletic, recreation, and park fields and facilities in all zone districts, except as same may be limited by the provisions of Subsection 11-1.4 of the Municipal Code. Such prohibited uses do not include nursery products, farm or the raising of agricultural products which shall be permitted in the B-1, B-1A, B-2, and B-3 Commercial Districts.
m. 
Fuel distributing plants.
n. 
Storage of unregistered motor vehicles and disabled registered motor vehicles as follows:
Unregistered motor vehicles and disabled registered motor vehicles shall not be stored more than 30 days except in an enclosed garage unless the same are awaiting repair at a licensed public garage or unless the same are new or used motor vehicles being stored or displayed at a licensed motor vehicle dealership.
For the purpose of this paragraph, the term disabled shall mean a motor vehicle which is partially dismantled, nonoperating, wrecked, junked or in such state of disrepair that it cannot readily be made operable and conforming to all requirements of the New Jersey Division of Motor Vehicles.
o. 
Boarding houses.
p. 
Commercial rental of more than four self-storage spaces to the general public in a building larger than 1,000 square feet.
q. 
No sexually oriented uses shall be permitted within the Borough of Ramsey within one mile of any public elementary school, private elementary school, public secondary school, private secondary school, public library, church, synagogue and/or other place of worship, child care center, day care center, public park, playground, business school, technical school, professional school, or college; nor shall any cabaret, juice bar or other sexually oriented uses be permitted within one mile of any other cabaret, juice bar or other sexually oriented business.
r. 
Cabarets or juice bars wherein specified anatomical area are displayed, presented to the patrons or in any manner shown or displayed in the premises within one mile of any public elementary school, private elementary school, public secondary school, private secondary school, public library, church, synagogue and/or other place of worship, child care center, day care center, public park, playground, business school, technical school, professional school, or college; nor shall any cabaret, juice bar or other sexually oriented uses be permitted within one mile of any other cabaret, juice bar or other sexually oriented business.
s. 
The aforesaid one mile as set forth above shall be measured in a straight line without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a cabaret, juice bar or sexually oriented business is conducted to the nearest property line of the premises or place of any public elementary school, private elementary school, public secondary school, private secondary school, public library, church, synagogue and/or other place of worship, child care center, day care center, public park, playground, business school, technical school, professional school, college, cabaret, juice bar or other sexually oriented use.
t. 
Dormitory. This prohibition shall not apply to dormitories established prior to April 15, 2017.
[Added 5-10-2017 by Ord. No. 04-2017]
[Ord. No. 847 § 1; 1972 Code § 130.1901-1; Ord. No. 947A § 3]
Gasoline tanks of any type and pumps and equipment related thereto R-5A, T-3 and T-6 Zone prohibited in the R-1, R-2, R-3, R-4 and R-5 Districts.
[1972 Code § 130.1902; Ord. No. 443; Ord. No. 465; Ord. No. 608; Ord. No. 1054; Ord. No. 1202]
The uses and activities set forth in Subsection 34-40.1b above may be permitted in all districts by special permit of the governing body when such uses or activities are in connection with bona fide fund-raising activities (for charitable or public purposes) of nonprofit, charitable or religious organizations and institutions. Such uses and activities may also be permitted by special permit of the governing body to any other person, firm or association in the B-1 Central Business District, the B-3 Highway Commercial District, the I.P. Industrial Park District and the L.O. Laboratory and Office Building District, for the purpose of business promotion, public concerts or other public purposes. In considering the issuance of such special permits, the governing body shall exercise its discretion for the safety, health and welfare of the community and may either deny the same or impose such conditions for the conduct thereof as it shall deem necessary to carry out the intent of this subsection. Issuance of such permit shall be granted only after an application for same has been made setting forth all information and details with respect thereto and in explanation thereof to enable full consideration and deliberation by the governing body. Such special permits shall be further limited for a period not in excess of nine consecutive days and not more than five special permits shall be granted during the same calendar year to the same qualified applicant.
[Ord. No. 484; Ord. No. 504; 1972 Code § 130.1903]
Whenever the Borough Council determines that use of property by the Borough or Board of Public Works is in the public interest, safety, health or welfare, such municipal use shall be permitted in any of the zone districts, and in such event compliance with the terms and provisions of this section may be waived by the Borough Council as to such property.
Before making any such determinations, the Borough Council shall give written notice to all adjacent property owners within 200 feet of the lot or land proposed to be used for such municipal use of a public hearing to be held at a regular or special meeting of the Borough Council at which consideration shall be given to such proposed use. Such notice shall set forth the proposed municipal use or uses to be considered and shall be given at least 10 days prior to such hearing by regular mail, postage thereon prepaid, addressed to such owners at the addresses appearing on the tax records of the Borough, and at such hearing such determination shall not be made until such owners and other interested parties are given an opportunity to be heard.
[Ord. No. 443; 1972 Code § 130.2001]
The maximum heights set forth in this chapter for buildings in all districts shall not apply to the erection of church or school spires or belfries, chimney flues, radio and television antennas, water tanks, stand pipes, bulk heads, stage towers or scenery lofts or similar parts of a building, provided that the height of that portion of the structure above the building shall not exceed 100% of the height of the main building, and provided further that the aggregate horizontal area of such part shall not exceed 20% of the ground area covered by the main building.
[Ord. No. 443; 1972 Code § 130.2002]
Maximum heights set forth in this section for buildings in all districts may be enlarged with respect to the erection of a radio and television antenna by appropriate application to the Board of Adjustment in accordance with the Statutes of the State of New Jersey and this chapter.
[Ord. No. 4-1998 § 1]
The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in nonresidential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers, as appropriate; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Borough of Ramsey shall give due consideration to the Borough of Ramsey's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
[Ord. No. 4-1998 § 2]
As used in this section, the following terms shall have the meaning set forth below:
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antennas.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
[Ord. No. 4-1998 § 3]
a. 
New towers and antennas. All new towers or antennas in the Borough of Ramsey shall be subject to these regulations, except as provided in Subsection 34-42.3b through d, inclusive.
b. 
Amateur radio station operators/receive only antennas. This section shall not govern any tower, or the installation of any antenna, that is under 50 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas. Application for towers under this section shall be received and approved by the Planning Board.
c. 
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsection 34-42.4f and g, absent any enlargement, structural modification, addition of any structures, addition of any users, or addition of any type of uses.
d. 
AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array, subject to the review of the Planning Board to ensure that the additional units do not violate any provisions in the Borough of Ramsey's Zoning Code.
[Ord. No. 4-1998 § 4]
a. 
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
b. 
Lot size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
c. 
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Borough Engineer an inventory of its existing towers, antennas, or sites approved for the towers or antennas, as well as all sites where an application is pending, that are either within the jurisdiction of the Borough of Ramsey or within five miles of the border thereof, including specific information about the location, height, and design of each tower. The Borough Engineer may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough of Ramsey, provided, however that the Borough Engineer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
d. 
Aesthetics. Towers and antennas shall meet the following requirements:
1. 
Towers shall maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce the visual obtrusiveness.
2. 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
3. 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
e. 
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least amount of disturbances to the surrounding views.
f. 
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within 120 days of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
g. 
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state, local and appropriate industry building codes. If, upon inspection, the Borough of Ramsey concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
h. 
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough of Ramsey irrespective of municipal and county jurisdictional boundaries.
i. 
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities, unless mandated by federal or state law.
j. 
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough of Ramsey have been obtained and shall file a copy of all required franchises with the Borough Engineer.
k. 
Public notice and hearing. For purposes of this section, any conditional use request, variance request, or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsections 34-42.6b, 5(b), Table 2, in addition to any notice otherwise required by the Zoning Ordinance. A public hearing must be held before the Ramsey Planning Board for all conditional use requests under this section.
l. 
Signs. No signs or advertisements shall be allowed on an antenna or tower.
m. 
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection 34-42.7.
n. 
Multiple antenna/tower plan. The Borough of Ramsey encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
o. 
Height. The maximum height of new towers shall be 100 feet in height.
[Ord. No. 4-1998 § 5]
a. 
General. The uses listed in this subsection are deemed to be permitted uses. However, all applications under this section shall be reviewed by the Planning Board to ensure that all provisions under the Code are met.
b. 
Permitted uses. The following are specifically permitted:
Antennas or towers located on property owned, leased, or otherwise controlled by the Borough of Ramsey provided a license or lease authorizing such antenna or tower has been approved by the Borough of Ramsey. The decision to extend such leases to an applicant shall be vested solely with the municipality, and shall not be governed by this section.
[Ord. No. 4-1998 § 6; Ord. No. 5-1998 §§ 1, 2]
a. 
General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Planning Board:
1. 
If the tower or antenna is not a permitted use under Subsection 34-42.5 of this section, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in designated zoning districts.
2. 
Applications for conditional use permits under this subsection shall be subject to the procedures and requirements of Chapter 34 of the Borough Code, except as modified in this subsection.
3. 
In granting a conditional use permit, the Planning Board may impose conditions to the extent the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
4. 
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
5. 
An applicant for a conditional use permit shall submit the information described in this section and a nonrefundable application fee and an escrow deposit as required by the Borough Code for conditional use applications.
6. 
Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, are permitted as conditional uses only in the B-3 Highway Commercial District, I.P. Industrial Park District, LO Laboratory and Office District Zones.
7. 
No towers or antennas shall be permitted as conditional uses in any residential or townhouse zone districts.
8. 
No towers or antennas shall be permitted as conditional uses on any recreational facilities and parks, passive parks or areas set aside as green acre areas by the Borough of Ramsey.
9. 
No towers or antennas shall be permitted as conditional uses on any property in which a public or private school is located.
10. 
The escrow fee for a conditional use permit/application shall be the same as the escrow fee for a site plan.
[Added 3-9-2011 by Ord. No. 05-2011]
b. 
Towers.
1. 
Information required. In addition to any information required for applications for conditional use permits pursuant to Chapter 34 of the Borough Code, applicants for a conditional use permit for a tower shall submit the following information:
(a) 
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection 34-42.6b5, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Borough Engineer to be necessary to assess compliance with this section.
(b) 
Legal description of the entire tract and leased parcel (if applicable).
(c) 
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
(d) 
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection 34-42.4c shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(e) 
A landscape plan showing specific landscape materials.
(f) 
Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
(g) 
A description of compliance with Subsection 34-42.4c, d, e, f, g, j, l and m, Subsection 34-42.6b4, and 5 and all applicable federal, state, or local laws.
(h) 
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(i) 
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
(j) 
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(k) 
A description of the feasible location(s) of future towers or antennas within a two-mile radius surrounding the Borough of Ramsey based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(l) 
A visual study depicting where, within a three-mile radius any portion of the proposed tower could be seen.
(m) 
A statement of intent on whether excess space will be leased.
2. 
Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit applications pursuant to Chapter 34 of the Borough Code, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit:
(a) 
Height of the proposed tower;
(b) 
Proximity of the tower to residential structures and residential district boundaries;
(c) 
Nature of uses on adjacent and nearby properties;
(d) 
Surrounding topography;
(e) 
Surrounding tree coverage and foliage;
(f) 
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(g) 
Proposed ingress and egress; and
(h) 
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Subsection 34-42.6b3 of this section.
(i) 
Availability of proposed tower to other potential users.
3. 
Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of the following:
(a) 
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
(b) 
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(c) 
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d) 
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e) 
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(f) 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(g) 
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
4. 
Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required:
(a) 
Towers must be set back a distance equal to at least 125% of the height of the tower from any adjoining lot line.
(b) 
All accessory buildings must satisfy the minimum zoning district setback requirements.
(c) 
No tower shall exist within required buffer areas, if adjacent to residential zones and as prescribed under local ordinance.
5. 
Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required:
(a) 
Separation from off-site uses/designated areas.
(1) 
Tower separation shall be measured from the array line to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
(2) 
Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1
Off-Site Use/Designated Area
Separation Distance
Residential, public parks, schools or house of worship
200 feet or 300% height of tower whichever is greater from lot line.
Vacant residentially zoned land
200 feet or 300% height of tower whichever is greater from lot line.
Nonresidentially zoned lands or nonresidential uses
None; only zoning code setbacks apply
(b) 
Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed/tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
Table 2
Existing Towers - Types
Lattice
Guyed
Monopole 75 Feet in Height
Monopole Less Than 75 Feet in Height
Lattice
5,000
5,000
1,500
750
Guyed
5,000
5,000
1,500
750
Monopole 75 feet in height
1,500
1,500
1,500
750
Monopole less than 75 feet
750
750
750
750
6. 
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device.
7. 
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required:
(a) 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the tower compound from property used for residences or planned residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(b) 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(c) 
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
[Ord. No. 4-1998 § 7]
a. 
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
1. 
The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more than 100 feet in height. In addition, for buildings and structures which are less than 40 feet in height, the related unmanned equipment structure, shall be located on the ground and shall not be located on the roof of the structure.
2. 
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
3. 
Equipment storage buildings or cabinets shall comply with all applicable building codes.
b. 
Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
1. 
In front or side, provided the cabinet or structure is no greater than six feet in height or 100 square feet of gross floor area and the cabinet/structure is located a minimum of 75 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42-48 inches and a planted height of at least 36 inches.
2. 
In a rear yard, provided the cabinet or structure is no greater than eight feet in height or 120 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches.
3. 
In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 72 inches.
c. 
Antennas located on towers. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
[Ord. No. 4-1998 § 8]
Any antenna or tower that is not operated for a continuous period of nine months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Ramsey notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Borough may condition the issuance of any permit to demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than 120% of the cost (as determined by the Planning Board Engineer) of such removal, grading and restoration to a state required under all applicable Borough Ordinances.
[Ord. No. 4-1998 § 9]
a. 
Rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in Subsection 34-42.5b 4 and 5. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection 34-42.8.
[Ord. No. 8-1999 § 34.42.1; Ord. No. 9-2000 § 34.42.1; Ord. No. 7-2005 § 34-43.1; amended 10-25-2006 by Ord. No. 40-2006]
Any person, firm, corporation or organization currently operating a restaurant in the Borough of Ramsey may operate adjacent to the building where the indoor restaurant exists the business of an outdoor cafe (as hereinafter defined) in the B-1 Central Business District, B-1A Central Business District, and B-3 Highway Commercial District, and any licensed eating establishment where food and other refreshments are served within any other zone district may operate the business of an outdoor cafe; provided, however, that such use and operation in the various zone districts shall be in accordance with the terms and conditions hereinafter set forth. An outdoor cafe shall mean and include any licensed eating establishment where food and other refreshments are served.
[Ord. No. 8-1999 § 34.42.2; Ord. No. 9-2000 § 34.42.2; Ord. No. 7-2005 § 34-43.2; amended 10-25-2006 by Ord. No. 40-2006]
a. 
Any person, firm, corporation or organization (hereinafter referred to as the "applicant") shall first submit to the Borough Planning Board a site plan waiver application for outdoor cafes, which shall be a special application promulgated by the Borough Planning Board. The applicant shall obtain from the Borough Planning Board a site plan waiver for such outdoor cafe use. It is recognized that the outdoor cafe use is seasonal and, therefore, no additional parking as required under Subsection 34-6.1 of the Ramsey Zoning Code shall be required for the additional seating or square footage for the outdoor cafe use or for any employees employed in connection with the outdoor cafe operation. In connection with the site plan waiver for outdoor cafe application, the applicant shall submit to the Planning Board for approval a layout plan which shall include the following information:
1. 
A description of the proposed design and location of the outdoor cafe and all temporary structures, equipment, furniture, and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, umbrellas, lighting and electrical outlets, if any, and the type and amount of plant material to be used in the planters.
2. 
A statement of seating capacity of the proposed outdoor cafe and the existing eating establishment actually operated by the applicant in the adjacent building.
3. 
A diagram demonstrating that the pedestrian traffic along the proposed outdoor cafe will not be impeded.
4. 
A description of the proposed location of the outdoor cafe showing the actual dimensions of the area to be utilized and the building, street and sidewalk upon which it fronts and on which it is to be located, including the area of frontage and distance from the facade to the curb.
b. 
The Planning Board shall approve, disapprove or require such modifications to the layout plan as it deems necessary so that such plan conforms to the terms and conditions of this section. The Planning Board shall also refer the layout plan to the Borough’s Fire Official, Health Officer, Engineer or any other appropriate municipal agency or department for any clarification of any issue regarding the layout plan in relation to public safety or health issues for their review and recommendations to the Planning Board.
[Ord. No. 8-1999 § 34.42.3; Ord. No. 9-2000 § 34-42.3; Ord. No. 32-2002 § 1; Ord. No. 7-2005 § 34-43.3]
If a public sidewalk is to be utilized, no outdoor cafe license shall be issued unless the applicant shall have first filed with the Borough Clerk a certificate of insurance, issued by a company duly authorized to transact business under the laws of the State of New Jersey, providing for the payment of not less than $1,000,000 to satisfy all claims for damages by reason of bodily injuries to or the death of any person as a direct or indirect result of the operation of the outdoor cafe, and further providing for the payment of not less than $50,000 to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe.
The insurance policy shall name the Borough of Ramsey as an additional insured and shall provide that the insurance company shall notify the Borough of Ramsey 10 days prior to the cancellation of coverage or the substantial change in coverage.
a. 
Indemnification agreement required. If a public sidewalk is to be utilized, no outdoor cafe license shall be issued unless the applicant shall have first executed and filed with the Municipal Clerk an indemnification agreement pursuant to which the applicant, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the Borough of Ramsey, its officers, agents, and employees from and against all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the applicant's operation of such outdoor cafe.
[Ord. No. 8-1999 § 34.42.4; Ord. No. 9-2000 § 34-42.4; Ord. No. 7-2005 § 34-43.4]
The fee for an outdoor cafe shall be $100 per season and there shall be no proration of the fee for the initial season or for any shorter period of time for which a license is obtained.
[Ord. No. 8-1999 § 34.42.5; Ord. No. 9-2000 § 34-42.5; Ord. No. 32-2002 § 2; Ord. No. 7-2005 34-43.5]
All outdoor cafe licenses shall be issued for the period commencing April 15 at 12:01 a.m. and ending November 1 of the particular year. Licenses may be renewed annually by the filing of an application in accordance with the provisions of this section.
[Ord. No. 8-1999 § 34.42.6; Ord. No. 9-2000 § 34-42.6; Ord. No. 19-2000 § 1; Ord. No. 32-2002 §§ 3,4; Ord. No. 7-2005 § 34-43.6]
An outdoor cafe authorized and operating pursuant to this section shall comply with all of the following rules and regulations and such others as may be adopted from time to time by resolution or ordinance of the governing body of the Borough of Ramsey.
a. 
The cafe shall be operated and maintained in accordance with the layout plan as finally approved.
b. 
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor cafe shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure if a public sidewalk is to be utilized. Tables and chairs shall be placed adjacent to the building on the premises.
c. 
The area containing the tables and chairs shall be separated from the pedestrian passageway by planters. The height of a planter shall not exceed 36 inches, as measured from the ground surface to the edge of the planter except at street corners where the height of a planter shall not exceed 30 inches as measured from the ground surface to the edge of the planter. The height of the plant material in the planter shall not exceed 18 inches, as measured from the top edge of the planter to the highest point of plant growth. Planters shall contain only approved plant material which shall consist of any of the following: Ilex, Juniper, Taxus (Yew); Geranium, Marigold, Begonia, Verbena, Ivy Geranium, Vinca Vince and Petunia. Soil mixture shall be 1/3 topsoil, 1/3 sand and 1/3 humus. Moisture gel shall be added to improve water holding capacity. Plant material shall be properly maintained and all plant material which dies or is damaged shall be replaced immediately. Planters which are damaged or in disrepair shall be replaced immediately. All planters shall be removed within five days of the expiration of an outdoor cafe license.
d. 
There shall be a clear area at least five feet three inches in width from the planters to the curbline for pedestrian passage. No furniture, apparatus, decorations, trees, benches or other appurtenances shall be located within such five-foot three-inch area.
e. 
Service in the outdoor cafe shall be provided by persons engaged or employed for that exclusive purpose and shall be furnished to seated patrons at tables only.
f. 
The sidewalk area utilized for the cafe shall be kept clean and free of litter. Trash receptacles shall be provided. Sidewalk areas shall be kept clean during hours of operation. Litter shall not be permitted on adjoining sidewalks or property. Sidewalks must be swept daily and debris placed in appropriate containers and not in the street or gutter. Sidewalks shall be washed as necessary.
g. 
Noise shall be kept at such a level as to comply with all provisions of the Borough ordinances relating to noise. In addition, there shall not be any public address systems, loudspeakers, sound systems, radios, or any other type of exterior sound systems.
h. 
Outdoor cafes shall be permitted to operate from 11:00 a.m. to 10:00 p.m.
i. 
If a public sidewalk is to be utilized within one hour after the closing of the outdoor cafe, the operator shall have all furniture, apparatus, decoration and appurtenances and any other items used in connection with the operation of such outdoor cafe except for planters removed from the outdoor cafe area. All such materials shall be stored in a safe and secure interior location in such a way as to not interfere with speedy ingress to the premises after hours by emergency service personnel.
j. 
The outdoor cafe shall be actually operated and maintained by the same person who operates and maintains the related restaurant of which the cafe is a part and extension thereof.
k. 
All food preparation shall be in the regular kitchen area of the related restaurant and such food preparation shall not be permitted inside the cafe area.
l. 
All outdoor furniture used in the cafe operation shall be of quality construction and durable for continued outdoor use. Outdoor furniture including umbrellas shall not contain advertising or logos of any type.
m. 
No food or beverage items shall be served in or upon paper products, plastic products or Styrofoam and no plastic utensils shall be utilized.
n. 
Paragraph m1. above shall be inapplicable to any person, firm, corporation or organization operating the business of an outdoor cafe in the B-1 Central Business District as well as any licensed eating establishment where food and other refreshments are served within said zone.
o. 
Alcoholic beverage service and consumption shall only be permitted with food service to the customers. This alcoholic beverage service and consumption shall be allowed in public notwithstanding any Borough ordinance to the contrary.
p. 
All necessary amendments to liquor license applications with regard to the description of the area of the licensed premises shall be made and approval for such obtained prior to the operation of an outdoor cafe which is a part of a premises for which a liquor license has been previously issued.
q. 
Public restroom facilities shall be provided in the building on the premises.
r. 
There shall be no additional signage on the premises.
s. 
The Borough retains the right to temporarily suspend an outdoor cafe license to allow for construction activity, utility repairs, special events or for any reasons deemed appropriate.
[Ord. No. 8-1999 § 34.42.7; Ord. No. 9-2000 § 34-42.7; Ord. No. 7-2005 § 34-43.7]
Upon a determination of an officer or employee of the Borough of Ramsey charged with the responsibility for enforcing the provisions of this section that a licensee has violated one or more of such provisions, such officer or employee shall give written notice to the licensee to correct such violation within 24 hours of the receipt of such notice by the licensee. In the event that the licensee fails or refuses to correct such violation within such period, the licensee's outdoor cafe license shall thereupon and automatically be revoked.
Upon the revocation of such license, the licensee, upon written request, shall be entitled to a hearing before the governing body of the Borough of Ramsey within 14 days of the date of its request. The governing body may, in its sole discretion, restore such license as a result of the information presented to it at the hearing.
[Ord. No. 8-1999 § 34.42.8; Ord. No. 9-2000 § 34-42.8; Ord. No. 7-2005 § 34-43.8]
Any person convicted of a violation of any of the provisions of this section shall be subject to a fine not to exceed $500. Each violation of a provision of this section, and each day that a violation continues, shall constitute a separate offense.
[Ord. No. 8-1999 § 34.42.9; Ord. No. 9-2000 § 34-42.9; Ord. No. 7-2005 § 34-43.9]
The Borough Clerk shall be responsible for licensing and the collection of fees. This section shall be enforced by the Zoning Officer, the Police Department, the Board of Health as to the Sanitary Code, Superintendent of Public Works as to trash, litter and recycling regulations, the Borough's Fire Safety Official, the Borough Construction Official or any other Borough Official as designated by the Mayor and Council.
[Ord. No. 443; 1972 Code § 130.2109; Ord. No. 782 § 4; Ord. No. 983 § 1; Ord. No. 983B § 1]
Upon the filing of any appeal or application to the Board of Adjustment by any person other than an office, department, board or agency of the Borough, the appellant or applicant shall pay the following fees to defray the cost of publishing notice of the appeal or application and the Board's decision thereon, of hearing and recording the matter:
For front, side or rear yard setback variances
$25
For sign variances
$25
For all other variances
$40
For exceptions and all other matters
$50
Sketch plat
$10 per lot plus $5 for publication.
Preliminary subdivision
$25 plus $10 per lot for application and
$50 plus $10 per lot for engineering fees and $7.50 for publication less amount paid per lot on sketch plat.
Final subdivision
$25
Preliminary site plan
$50 per lot for new construction;
$25 for change of use and/or alteration.
Final site plan
$25
Site plan waiver
$25
Engineering, legal and inspection fees
5% of performance bond for subdivisions, site plans and soil removals.
Resubmission of any of the above matters
$25
The cost of taking the testimony stenographically and of transcribing the same shall be borne and paid for by the appellant or applicant, and the Board may require such deposit to be made for such purposes as shall be reasonable in the circumstances.
In addition to the fees set forth above, an applicant shall pay a fee of $50 to the Board for its attorney's review of the applicant's compliance with the notice requirements of the municipal land use law. Also, upon the filing of an appeal, a request for interpretation, or an application for a variance, the Board may also require a deposit for legal and/or engineering fees, if required in connection therewith. All such legal and engineering expenses incurred by the Board shall be borne by the applicant.
[Ord. No. 443; Ord. No. 479; 1972 Code § 130.2110]
No decision for the granting of a permit, for any special exception use as herein required by Sections 34-8, 34-9 and 34-13 shall be made by the Board of Adjustment until it has received and considered an advisory report thereon from the Planning Board with respect to the location of such site in relation to the needs and growth patterns of the Borough and, where appropriate, with reference to the adequacy of site area and the arrangement of buildings, driveways, parking areas, off-street truck loading space and other pertinent features and site plan. The Planning Board shall render such advisory report within 45 days after the date of the reference of the matter to it by the Board of Adjustment; failure to report within that time shall be deemed as approval of the matter as submitted.
[Added 2-22-2012 by Ord. No. 03-2012]
As used in this section, the following terms shall have the meanings indicated:
SOLAR ENERGY SYSTEM
A solar energy system and all associated equipment, which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
SOLAR PANELS
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
SOLAR ARRAYS
A series of solar panels, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
a. 
Solar panels shall be permitted as a rooftop installation in any zoning district. The solar panels shall not exceed a height of eight inches from the rooftop in the open or unopened position on residential properties. The height of the building on which the panels are located shall not exceed the maximum building height with the panels open or unopened.
b. 
Solar panels shall be permitted as ground arrays only in nonresidential zone districts, subject to the following:
1. 
The ground arrays shall not be located closer than 50 feet to the nearest residential property zone line, and ground arrays should not be located closer than 25 feet to any property line.
2. 
Ground arrays shall not be permitted in the front yard.
3. 
Ground arrays shall not exceed 14 feet in height.
4. 
Ground arrays shall not emit glare onto adjoining property or onto adjoining roadways.
5. 
Ground arrays shall not exceed 50% of the principal building floor area.
6. 
Ground arrays shall not be used for advertisement, political or social statement. No signage of any type shall be permitted, with the exception of any mandated warnings required by the State Building or Fire Code, or any other entity.
a. 
A solar energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.
b. 
The Zoning Officer may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.
c. 
Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the municipality. If the system is not removed within six months of receipt of notice from the Borough notifying the owner of such abandonment, the Borough may remove the system as set forth below.
d. 
When an owner of a solar energy system has been notified to remove same and has not done so six months after receiving said notice, then the Borough may remove such system and place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
[Ord. No. 443; 1972 Code § 130.2201; amended 9-14-2016 by Ord. No. 19-2016]
This chapter shall be enforced by the Zoning Officer or his designee, and if a violation is found to exist, the Zoning Officer or his designee shall serve notice upon the owner, notifying the governing body, and prosecute a complaint to terminate the violation before the Judge of the Municipal Court.
[Ord. No. 443; 1972 Code § 130.2301; Ord. No. 1268 § 5]
Any owner, tenant, general agent, architect, builder, contractor or any other person who commits, takes part or assists in, any violation of this section, or who maintains any building or premises in which any violation of this section shall exist, shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each day a violation is permitted to exist shall constitute a separate offense.
[Added 8-24-2011 by Ord. No. 17-2011]
As used in this section, the following terms shall have the meanings indicated:
ACID-PRODUCING SOILS
Soils that contain geologic deposits of iron sulfide minerals (pyrite and marcasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid-producing soils, upon excavation, generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. Information regarding the location of acid-producing soils in New Jersey can be obtained from local Soil Conservation District offices.
APPLICANT
A person, corporation, government body or other legal entity applying to the Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this section, and that would be located in whole or in part within a regulated riparian zone.
CATEGORY ONE WATERS or C1 WATERS
Shall have the meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards, for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources.
INTERMITTENT STREAM
A surface water body with definite bed and banks in which there is not a permanent flow of water and that is shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
LAKE, POND, OR RESERVOIR
Any surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1waters as shown on the USGS quadrangle map or in the County Soil Surveys; that is an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.
PERENNIAL STREAM
A surface water body that flows continuously throughout the year in most years and that is shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
RIPARIAN ZONE
The land and vegetation within and directly adjacent to all surface water bodies, including, but not limited to, lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys. There is no riparian zone along the Atlantic Ocean or along any man-made lagoon or oceanfront barrier island, spit or peninsula.
SPECIAL WATER RESOURCE PROTECTION AREA or SWRPA
A three-hundred-foot area provided on each side of a surface water body designated as a C1 water or tributary to a C1 water that is a perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
SURFACE WATER BODY(IES)
Any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or state open waters identified in a letter of interpretation issued under the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.
THREATENED OR ENDANGERED SPECIES
A species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq., or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.
TROUT MAINTENANCE WATER
A section of water designated as trout maintenance in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
TROUT PRODUCTION WATER
A section of water identified as trout production in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
It is the intent of this section to provide compliance with N.J.A.C. 7:15-5.25(g)3 which requires municipalities to adopt an ordinance that prevents new disturbance for projects or activities in riparian zones. Authority is provided or limited as follows:
a. 
Compliance with the riparian zone requirements of this section does not constitute compliance with the riparian zone or buffer requirements imposed under any other federal, state or local statute, regulation or ordinance.
b. 
Use powers given to the Borough of Ramsey under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality to plan and regulate land use in order to protect public health, safety, and welfare through the protection and maintenance of native vegetation in riparian areas. The Borough of Ramsey is also empowered to adopt and implement this section under provisions provided by the following legislative authorities of the State of New Jersey:
1. 
Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
2. 
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
3. 
Spill Compensation and Control Act, N.J.S.A. 58:10-23 et seq.
4. 
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
5. 
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
a. 
Riparian zones adjacent to all surface water bodies as described below in this subsection shall be protected from avoidable disturbance:
1. 
The riparian zone shall be 300 feet wide along both sides of any Category One water (C1 water), and all upstream tributaries situated within the same HUC 14 watershed.
2. 
The riparian zone shall be 150 feet wide along both sides of the following waters not identified in Paragraph a1 above:
(a) 
Any trout production water and all upstream waters (including tributaries);
(b) 
Any trout maintenance water and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water; and
(c) 
Any segment of a water flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal, which is critically dependent on the regulated water for survival, and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water; and
(d) 
Any segment of a water flowing through an area that contains acid-producing soils; and
3. 
For all other surface water bodies, a riparian zone of 50 feet in width shall be maintained along both sides of the water.
b. 
The portion of the riparian zone that lies outside of a surface water body is measured landward from the top of bank. If a discernible bank is not present along a surface water body, the portion of the riparian zone outside the surface water body is measured landward as follows:
1. 
Along a linear fluvial or tidal water, such as a stream or swale, the riparian zone is measured landward of the feature's center line;
2. 
Along a nonlinear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit; and
3. 
Along an amorphously shaped feature such as a wetland complex, through which water flows but which lacks a discernible channel, the riparian zone is measured landward of the feature's center line.
c. 
The applicant or designated representative shall be responsible for the initial determination of the presence of a riparian zone on a site, and for identifying the area on any plan submitted to the Borough of Ramsey in conjunction with an application for a construction permit, subdivision, land development, or other improvement that requires plan submissions or permits. This initial determination shall be subject to review and approval by the municipal engineer, governing body, or its appointed representative, and, where required, by the New Jersey Department of Environmental Protection.
a. 
The following disturbances are excepted:
1. 
Redevelopment within the limits of existing impervious surfaces; and
2. 
New disturbance in the riparian zone necessary to protect public health, safety or welfare; to provide an environmental benefit; to prevent extraordinary hardship on the property owner peculiar to the property; or to prevent extraordinary hardship, provided that 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.
b. 
An exception to any of the disturbances listed in Paragraph a1 above shall be granted by the Municipal Engineer upon proof by virtue of submission of appropriate maps and drawings, that the proposed redevelopment is within the limits of impervious surfaces that existed at the time of passage of this section and shall be in conformance with the Stormwater Management Rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Acts Rules, N.J.A.C. 7:13.
c. 
For all riparian zones an exception to any of the disturbances listed in Pragraph a2 above shall be granted by the Zoning Board of Adjustment upon proof by virtue of submission of appropriate maps, drawings, reports and testimony, that the disturbance protects public health, safety or welfare; provides an environmental benefit; prevents extraordinary hardship on the property owner peculiar to the property; or prevents extraordinary hardship, provided that 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.
d. 
Appeals of a determination by the Municipal Engineer made in accordance with Paragraph b above may be made to the Planning Board. The party contesting the determination or decision shall have the burden of proof in case of any such appeal.
Adjustments to the riparian zones established by this section are allowed to the extent they comply with the Stormwater Management Rules (N.J.A.C. 7:8), the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), and the Highlands Water Protection and Planning Act Rules (N.J.A.C. 7:38), and shall be subject to review and approval by the New Jersey Department of Environmental Protection, unless exempt.
The Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), Subchapter 7, Permits-By-Rule, establishes permits-by-rule for certain regulated activities. This section hereby adopts by reference said subchapter as it exists at the time of passage of this section and as it may change from time to time, as a means of allowing regulated activities in the riparian zone without any other permits or approvals. In addition, any permit-by-rule provision that requires notification to the New Jersey Department of Environmental Protection shall also be copied to the Ramsey Municipal Engineer.
a. 
Any party aggrieved by the location of the riparian zone boundary determination under this section may appeal to the Planning Board under the provisions of this section. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal.
b. 
Any party aggrieved by any determination or decision of the Planning board under this section may appeal in accordance with the rules for appealing planning decisions. The party contesting the determination or decision shall have the burden of proof in case of any such appeal.
a. 
A prompt investigation shall be made by the appropriate personnel of the Borough of any person 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 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 the Borough, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this section shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this section. Each day a violation continues shall be considered a separate offense.
b. 
In addition to such penalties or proceedings as may be instituted pursuant to N.J.S.A. 26:3A2-25, any citizen or official of the Borough of Ramsey shall be entitled to file and prosecute a complaint in the Municipal Court of the Borough of Ramsey resulting from a violation of this section. The violator shall be subject to a penalty of $1,000 per occurrence and each day that a violation shall continue or occur may subject the violator to a penalty of $1,000 per day for such continuing violation.